By accessing or using the utemarket Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the utemarket Network- each as amended from time to time.

1. About the utemarket Network

(a) utemarket publishes or makes available on the utemarket Network information, advertisements, products and services, vehicle data, valuations, software and other content supplied by utemarket and third parties (“Material”).

(b) utemarket does not warrant or endorse the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the utemarket Network (including via links to third party websites). You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.

(c) Unless expressly stated by utemarket , utemarket does not provide any warranty in relation to any goods or services advertised for sale on the utemarket Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit or safe for the purpose intended, as described by the seller or owned by the seller.

2. Personal and non-commercial use only

(a) Unless you have signed commercial terms with utemarket , use of the utemarket Network is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for accessibility), you must not without the prior written approval of utemarket do any of the following or authorise a third party to do that thing on your behalf:

1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material to create any website, publication or searchable database;
3. mirror or frame any website or Material from the utemarket Network;
4. use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
5. use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
6. publish, transfer or sell any Material, information or functionality derived from the carsales Network; or
7. undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.

(b) If utemarket considers that you or any party related to you has acted contrary to these Terms, then utemarket may immediately terminate your right to access and use the utemarket Network and reserves its right to take any action it deems necessary or desirable to prevent such repeated action.

3. You are responsible for use of the utemarket Network

(a) The Material made available on (or via) the utemarket Network is provided as general information only. The Material is not professional, expert or other advice and it is not a substitute for such advice. The Material may not be appropriate, correct or sufficient for your circumstances, should not be relied on as the only reason you do or don't do anything, and may not be continually accessible or free from errors or viruses.

(b) You indemnify utemarket against any liability, loss, claim or demand if utemarket (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms- including any warranties you provide in them.

(c) You must keep your username and password to access the utemarket Network secure and confidential and not provide those details to any third party. You accept all liability relating to unauthorised use of any username and password issued to you.

4. Goods and services provided by utemarket

Any goods or services offered by carsales (beyond access to the utemarket Network) are subject to additional terms and conditions. To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.

5. Goods and services provided by third parties

(a) If goods and services are offered on the utemarket Network by third parties (sellers):

1. vehicle prices often exclude delivery, government and statutory charges (always check with the seller);
2. you are responsible for making all relevant searches, enquiries and investigations in relation to the goods and services including searching any written off vehicle register or register of security interests (including the Personal Property Securities Register);
3. utemarket does not act as any person’s agent or broker, arrange any contract between you and any person, or provide any warranty in relation to any person’s goods or services (unless specifically stated); and
4. utemarket will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person or resolving any dispute between you and any person.

For the purpose of these Terms, “person” means any legal entity, including an individual or business.

(b) utemarket may augment information supplied by sellers, for example by using the make, model and series provided by a seller to suggest vehicle features. This information relies upon the seller accurately identifying their vehicle and also on information provided to utemarket from third parties (for example original equipment manufacturers). Whilst utemarket requests that sellers check this information, such information may still be inaccurate. utemarket strongly recommends that you check with the seller that all information contained in an advertisement or listing is accurate before you make any purchase.

6. utemarket's liability to you is limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied warranties in respect of any goods or services provided by utemarket are hereby excluded.

(b) Subject to subclause 6(c), and except to the extent that liability cannot be excluded under applicable laws, carsales will not be liable to you for claims arising out of or in connection with your access and use of the utemarket Network and related services howsoever arising, including in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

(c) To the full extent permitted by the law, carsales will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, any such liability of carsales is limited, at carsales’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply.

(d) To the full extent permitted by law, carsales will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs or economic loss.

(e) For the purposes of this section, the term utemarket  means utemarket , its officers, employees, contractors and agents, whether individually or collectively.

(f) This clause 6 will survive any expiry or termination of these Terms.

(g) Where you have purchased a specific product or service from carsales, please check your additional specific product or service terms for liability provisions which may prevail over this clause.

7. Copyright, trademarks and licence

(a) Material on the utemarket Network is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by utemarket. Unless otherwise indicated on the utemarket Network, the Material is owned by or licensed to carsales and is subject to copyright (the "Copyright Material").

(b) You may:

1. only copy or reproduce the Copyright Material for the purpose of browsing the utemarket Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
2. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) utemarket and other names of utemarket  products and services are registered or unregistered trade marks of utemarket Other product and company names mentioned on the utemarket Network may be the trade marks of third party owners. Nothing displayed on the utemarket Network should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.

(d) In consideration of utemarket allowing you to access and use the utemarket Network, you grant to utemarket a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via the utemarket Network for such purposes as utemarket reasonably determines from time to time (subject to utemarket privacy policy. You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third party rights. You agree to carsales taking any actions that may otherwise infringe your moral rights in relation to the material.

8. Your utemarket Network account (previously “member account”)

(a) If you open a utemarket Network account, additional products and services (e.g. fuel discounts) may be made available to you on specific supplementary terms.

(b) By opening a utemarket Network account, you agree to receive electronic communications from carsales about its products and services, however you may opt out of this via your account preference centre.

(c) If you add details of an existing vehicle into your utemarket Network account, you agree to utemarket providing those details to car dealers along with any vehicle enquiry you make so that dealers can make you trade in offers. You can opt out of this at the time of enquiry.

(d) If you create a username and user profile photo connected to your utemarket Network account, or choose to verify your identity, carsales may display these publicly in your utemarket Network communications, including in adverts or one-to-one messages.

9. Communications services

(a) utemarket may provide you with the ability to communicate with utemarket, sellers, third party advertisers and other users of the utemarket Network through online forms, interactive voice response, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of communication (“Communications Services”).

(b) Unless stated otherwise, please assume that Communications Services are public and not private communications, and you agree to publication of your communications. carsales may, in its discretion, collect, store or scan communications, however you should not rely on it doing so.

(c) Use of the Communications Services is provided on condition that you do not:

1. transmit any information or material which is incorrect, misleading or deceptive;
2. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by carsales to be inappropriate;
3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
4. use the Communications Services for any unlawful purpose;
5. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user's computer or damage any of the utemarket Network (infrastructure or content);
7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
8. advertise or offer to sell any goods or services other than as approved in writing by utemarket;
9. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;
10. excessively use the Communications Services in a manner which may hinder or prevent utemarket  from providing services to any other person or which may threaten the integrity or use by any person of the carsales Network; or
11. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) utemarket may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. utemarket may also suspend or terminate the use of the utemarket Network of any person determined by utemarket to be in breach of these Terms.

10. Software services

(a) Any software, including HTML code, that is made available to download from the utemarket Network ("Software") is owned by utemarket and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You must agree to the terms of the Licence Agreement before using the Software.

(c) If there is no Licence Agreement, utemarket grants you a personal, non-transferable license to use the Software for viewing and otherwise using the utemarket Network in accordance with these Terms, and for no other purpose. You must not:

1. copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;
2. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
3. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
4. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

12. utemarket and your privacy

By using the utemarket Network, you agree to the utemarket which sets out how utemarket collects, uses and discloses your personal information.

13. CallConnect and “email a friend”

(a) 1300 Numbers: CallConnect Calls to 1300 numbers (sellers using a virtual number) from land lines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate from your telephone service provider. Please direct all questions to that provider.

(b) Email a friend: Where utemarket allows you to email a friend and you provide an email address for this purpose, you warrant that the person to whom the email is addressed has consented to the email being sent.

14. Terms applicable to utemarket Network Stores

utemarket operates the Stores which allow third party retailers (each a “Seller”) to list and sell goods or services and transact directly with customers. As a result, utemarket  is not a party to any transaction between you and the Seller that occurs via the Stores. In addition, utemarket does not control the content or accuracy of any product listing or the quality, shipping, delivery or returns approvals of any goods or services sold via the Stores. Without limiting any other provision of these Terms, the following additional terms apply to your use of and access to the Stores:

1. As the Stores are platforms for Sellers to list for sale and sell their goods or services to customers, you agree that, to the maximum extent permitted by law, utemarket is not responsible for the transactions that occur between you and a Seller, nor is utemarket responsible for any of the Seller’s goods or services. To the maximum extent permitted by law, utemarket makes no warranty or representation regarding the standard of any goods or services to be supplied by a Seller or the actions, omissions or conduct of a Seller.
2. All information about goods or services listed for sale in the Stores (including without limitation all product descriptions, images and specifications, pricing information and the policies referred to in paragraphs (e) and (f) below) is provided by the relevant Sellers. Except as required by law, utemarket is not responsible for any inaccuracies, misstatements or errors in this information. You agree to make your own enquiries to verify the information provided and to assess the suitability of goods or services before you order the goods or services through the Stores.
3. A listing in the Stores will contain the relevant Seller’s details. When you make an order through the Stores, you acknowledge and agree that the Seller may impose their own terms and conditions in relation to the sale of their goods or services, which will be displayed or otherwise made available to you through the Store (including without limitation the policies that are described further in paragraphs (f) and (g) below). Unless expressly permitted by carsales in writing, utemarket will not be a party to any agreement or additional terms that apply between you and a Seller.
4. The promotion of goods or services via the Stores is an invitation to treat- not an offer to sell.
5. The Seller’s applicable policy for cancellations, returns (including repairs and replacements) and refunds will apply to any transaction between you and that Seller via the Stores. The collection, use and disclosure of your personal information may also be subject to the Seller’s privacy policy. Before purchasing goods or services via the Stores, you should carefully read the Seller’s cancellation, return and refund policy, which will be displayed or otherwise made available to you through the Stores.
6. The Seller’s applicable policy for shipping and delivery of goods or services will apply to any transaction between you and that Seller via the Stores. Before purchasing goods or services via the Stores, you should carefully read the Seller’s shipping and delivery policy, which will be displayed or otherwise made available to you through the Stores.
7. When an order is placed for a Seller’s goods or services, you will receive an email confirmation that your order has been placed and utemarket will send the order to the Seller for confirmation. Whilst stock levels are regularly adjusted, on occasion a Seller may reject your order in its discretion. Where a Seller rejects your order, you will be notified by email and utemarket will refund you for the order and associated shipping charges to the relevant payment method used for purchase. You are responsible for any loss arising from discrepancies or errors in your order caused by you.
8. The prices of goods or services, delivery and other charges are shown in Australian dollars. All payments must be received by utemarket in full prior to the dispatch of goods or services by a Seller. If your payment is not received or is declined for any reason, including where fraud is suspected, your order will be cancelled and, if applicable, you will receive a refund of your order to the relevant payment method used for purchase.
9. To cancel, return or request a refund from a Seller or raise a problem with the goods or services purchased from a Seller, you should submit a request to us via the relevant ‘Help Centre’ for the Store you used. utemarket will then investigate the issue further, submit your request on your behalf to the relevant Seller (as necessary) and provide reasonable assistance to you in relation to pursuing resolution of the issue. Where a refund is permitted in accordance with the Seller’s policies, your refund will be issued using the same payment method used for purchase. Where utemarket considers that it cannot reasonably resolve the issue, it may require you to liaise directly with the Seller to pursue a resolution.
10. You must not use the Stores unless you are aged 18-years-old or older and by making an order for goods or services through the Stores, you warrant to us that you are aged 18-years-old or older, and that you have the legal right and capacity to order goods or services through the Stores.

15. What law governs these Terms?

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.

16. utemarket may change its terms

(a) utemarket may modify or amend its terms and conditions for its goods or services from time to time. Modifications of these Terms (and terms and conditions linked to these Terms) take effect once displayed on this website or app, however will only apply to your use of the utemarket Network after that date.

(b) utemarket may, acting reasonably, cease to provide you with access to the utemarket Network or any of its services without notice.

(c) All rights not expressly granted are reserved.