Welcome to the website of National Sales Corp Pty Ltd (ACN 670 131 174) trading as FindMyCar.AU ("we", "us”, “our” or “FindMyCar”). FindMyCar is a lead generation digital marketplace that connects Car Dealers with prospective purchasers across Australia. 

Our website located at http://www.findmycar.au/ showcases our offering, and includes all of the files located in that domain (the “Platfo

1. Acceptance of Terms and Conditions

1.1 By accessing this Platform and using the online eCommerce services offered through the Platform, including but not limited to:

(a) accessing the Platform and/or creating an Account;

(b) using the Platform’s features and associated software, networks and processes to post Car Listings for sale and to generate Customer Leads; and

(d) participating in FindMyCar’s marketing and promotional communications;

(collectively, the “Services”), you agree to be bound by these terms and conditions of use ("Terms and Conditions"). These Terms and Conditions constitute a binding agreement between you and FindMyCar and govern your use of this Platform. 

Use of Our Platform 

1.2 Your use of this Platform is subject to these Terms and Conditions. The Terms and Conditions constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms and Conditions, our Privacy Policy and any other policy displayed on the Platform from time to time, all of which constitute a part of the Terms and Conditions. If you do not agree to the Terms and Conditions, you must not use the Platform.

1.3 Any time you visit the Platform or use any of the features on the Platform, you are taken to accept these Terms and Conditions.

1.4 We may amend or modify the Platform, the Services, the Terms and Conditions and/or the Privacy Policy, and any other policy displayed on the Platform from time to time, at our sole discretion and at any time. Any amendments are effective immediately after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms and Conditions as modified.

Legal capacity to transact

1.5 By using the Platform you represent and warrant that you are over the age of 18 years old. If you are under 18 years of age, you cannot submit Enquiries or create an Account through this Platform without the consent of a parent or guardian, who must read (and shall be bound by) these Terms and Conditions and FindMyCar’s Privacy Policy. Should FindMyCar suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such Losses from the minor’s parents or guardians. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. If the conditions of this clause 1.5 are not satisfied,  you must cease using the Platform immediately. 

2. Definitions and Interpretation

Definitions

2.1 The following definitions apply in this Terms and Conditions unless the context requires otherwise:

Account means an account created by registered Users on the Platform, as required by FindMyCar from time to time.

Account means an account created by registered Users on the Platform, as required by FindMyCar from time to time.

Business Day means any day other than a Saturday, Sunday or public holiday in Australia.

Car means any motor vehicle that is listed for sale on the Platform by a Dealer from time to time. 

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

CRM Software refers to a Customer Relationship Management System, being the process, strategy, or software for managing relationships and interactions with existing and potential customers.

Customer means any User on the Platform who engages FindMyCar for the purchase or use of our Services or other offerings from time to time.

Dealer means any approved, licenced motor vehicle dealership that engages the FindMyCar Platform to advertise their Cars for sale; and “Dealers” shall have the same meaning.

Dealership means any approved, licenced motor vehicle dealership that engages the FindMyCar Platform to advertise their Cars for sale; and “Dealerships” shall have the same meaning. 

Dealer Management System (DMS) means a software platform that enables Dealers to perform their day-to-day operations, which includes, but is not limited to, inventory management, invoicing, accounting and sales operations.

Dealer Studio means Total Dealer Pty Ltd (ACN 627 083 452) trading as Dealer Studio, being an eCommerce software solution for automotive dealers, located at https://www.dealerstudio.com.au/.

Enquiry means an online enquiry submitted to through the Platform by a Lead seeking further information in respect to a Dealer’s Listing; and “Enquiries” shall have the same meaning.

Lead means any Customer on the Platform that submits an enquiry to a Dealer in respect to a listed Car; and “Leads” shall have the same meaning.

Listing means a post by a Dealer on the Platform showcasing the Car stock inventory available to be purchased by Customers; and “Listings” shall have the same meaning. 

Listing Fees means the costs payable by Dealers to FindMyCar for posting a Listing on the Platform, as set out in a separate agreement between the Dealer and FindMyCar. 

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

(a) liabilities on account of tax;

(b) interest and other amounts payable to third parties;

(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d) all amounts paid in settlement of any Claim;

and “Losses” shall have the same meaning.

Platform means the whole or any part of the web pages located at https://findmycar.au/ including the layout of this Platform, individual elements of the Platform design, underlying code elements of this Platform, or text, sounds, graphics, animated elements or any other content of this Platform. 

Privacy Policy means our privacy policy available here. 

Profile means the Dealer’s profile on the Platform which may be integrated from any Third Party Application from time to time, which can be viewed by other Users and shall display key information about the Dealer including the Dealer’s personal or business trading name (as the case may be) and contact details, together with any current and past Car Listings. 

Representative means a FindMyCar director, officer, contractor, employee, consultant, partner, advisor or another affiliate.

Third Party Application means any application or online service integrated within the Platform which may be owned or operated by a Third Party Provider (including Dealer Studio) and used by Users in connection with the Platform. 

Third Party Provider means any third party that provides online support or services (including Dealer Studio) that may be used by a User from time to time in connection with the Platform.

Uploaded Content means any and all content that is submitted, posted or otherwise uploaded to the Platform, including but not limited to any Car Listings, descriptions, photos, videos, reviews, usage data, feedback, comments, chat bots, and other media.

User means any person visiting or using the Platform or Services whatsoever, whether registered or unregistered users, including any Customers or Dealers.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

We, us, or our means National Sales Corp Pty Ltd trading as FindMyCar.AU and its related entities or body corporates.

You, you, or your means any Customer, Dealer, person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Platform, including any User.

3. Restrictions on use

Prohibited conduct

3.1 Your use of this Platform is subject to the rules set out in Schedule 1 below.

Violations of these Terms and Conditions

2. Without limiting any other provisions of this clause, if you submit any Uploaded Content that we believe constitutes Prohibited Conduct or breaches the rules as set out in these Terms and the Schedule hereto, then we may, in our sole discretion, take any legally available action that we deem appropriate. However, we are not obligated to take any action not required by law. We may, however, take any action we deem appropriate at our discretion to enforce these rules by limiting your access to the Platform or the Services until the Prohibited Conduct has been rectified or you have complied with the rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to these Terms and Conditions may result in any of your Uploaded Content being removed from the Platform.

3. Without limiting any other remedies available to FindMyCar at law or in equity, FindMyCar reserves the right to, without notice:

(a) temporarily or indefinitely suspend, or terminate, your access to this Platform or refuse to provide Services to you if:

     (i) you breach any provision of these Terms and Conditions;

     (ii) FindMyCar is unable to verify or authenticate any information that you provide to us; or

     (iii) FindMyCar believes that your actions may cause damage and/or legal liability to FindMyCar, any of its Customers or any other person; and

(b) remove or block access to any information and/or materials (in whole or in part) that FindMyCar, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms and Conditions. 

Indemnity

4. You indemnify and hold harmless FindMyCar and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a) any material or information that you submit, post, transmit or otherwise make available through this Platform (including any Uploaded Content);

(b) your use of, or connection to, this Platform and the Services; or

(c) your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.

5. This indemnification obligation will survive termination of the Terms and Conditions and any misuse of the Platform.  

4. Registration and Account security

Requirement for registration

4.1 FindMyCar reserves the right to make any part of this Platform accessible only to Users who have registered an Account. For the avoidance of doubt, without registering an Account with FindMyCar, Customers may be restricted from accessing certain features on the Platform.

4.2 FindMyCar reserves the right at our discretion to, at any time prior to your Account registration being accepted in accordance with these Terms and Conditions, refuse your access to post Uploaded Content on the Platform.

4.3 FindMyCar‘s primary form of communication with Users is via e-mail. You acknowledge and agree that it is your sole responsibility to ensure that the correct contact details are entered when registering your Account and that the nominated e-mail address is regularly checked for correspondence. 

4.4 FindMyCar may require additional verifications or information before accepting any Account registration request and reserves the right to restrict a User’s access to all or part of the Platform (i.e. posting a Listing on the Platform) until such details are verified.

Username and password

4.5 Upon registration with this Platform, you are required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this Platform. FindMyCar will not be liable for any Loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that FindMyCar will be entitled to assume that any person using this Platform with your username and password is you or your authorised representative. For the avoidance of doubt, Customers will still be able to access the Platform and make Enquiries via the Platform without registering an Account.

4.6 You must notify FindMyCar immediately of any known or suspected unauthorised use of any password or any other breach of security.  

User information

7. In order to register an Account with this Platform, you must agree to these Terms and Conditions and where we require from time to time, you must provide FindMyCar with:

(a) your name and/or business/company name (including ABN/ACN);

(b) a valid email address;
(c) accurate billing and contact information (including your delivery address or principal place of business, and the name and telephone number of your authorised billing contact and administrator); and

(d) any other information that may be required by FindMyCar during the registration process. 

8. You must promptly update the information as outlined in clause 4.7 above to maintain its accuracy at all times. 

9. You represent and warrant to FindMyCar that all information provided to us by you, including the information provided by you as entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

10. By accessing our Platform, you represent and warrant that your use of the Platform is not in breach of any applicable laws.

11. The Platform may contain links to external websites and Third Party Applications to be used when utilising certain features of the Platform. By accessing these external websites and/or Third Party Applications, you warrant that you will abide by the terms and conditions and privacy policies of such websites and/or Third Party Applications, and further acknowledge that FindMyCar is not responsible for the maintenance, content, or privacy practices associated with these external websites. 

12. Customers must take their own precautions to ensure that their process for accessing the Platform and/or Third Party Applications does not expose themselves to any viruses, malicious computer code or other forms of interference that may negatively impact your device. As a strict security measure, we advise that you logout of your Account after each use to avoid unauthorised use. FindMyCar shall bear no responsibility for any such damage that may be incurred in connection with your use of this Platform. 

Multiple Accounts and automated Account opening

13. One person or entity may not maintain more than one Account with this Platform. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

14. FindMyCar reserves the right to accept or reject any application for registration of an Account with this Platform at its absolute discretion.

Security

15. While our Platform hosting providers employ secure technology for transactions with our Customer, we will not be responsible for any damages, including consequential Loss (whether direct or indirect), that may be suffered by a Customer whose personal or business information is used in a fraudulent or unauthorised manner by any person or entity other than FindMyCar.

16. FindMyCar may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. 

5. Scope of FindMyCar Services 

5.1 The Platform serves as a Lead-generating digital marketplace that allows online Users to connect with Dealers in respect to any Car Listings. Ultimately, FindMyCar streamlines the process of searching and discovering new and second-hand Cars for prospective purchasers. Customers will be able to readily contact Dealers through the Platform by submitting a phone, email or online Enquiry. In using the Services, Dealers, Customers and Leads all represent and warrant that they will, at all times, act in good faith when using the Platform, and shall not use the Platform for any purpose beyond what is stipulated in these Terms and Conditions. 

5.2 Where the Dealer has published a Listing, Customers are able to view the Listing by utilising the search function on the Platform to discover Listings that are relevant to their search (i.e. Customers can filter their searches by Car year, brand, model, price, etc).  All Enquiries will be sent directly to the Dealer’s CRM Software and/or Dealer’s Lead management email address or phone number upon receiving an Enquiry from a Lead. Dealers will be able to communicate with the Lead externally to provide a quote and convert the Lead into a sale. Dealers acknowledge and agree that the Lead is under no obligation to accept the any such quote. 

5.3 By submitting an Enquiry, Leads understand and agree that any further steps relating to a Car transaction with the Dealer will be conducted externally to the Platform, and shall be subject to the Dealer’s company policies, which may vary from time to time. Further to clause 12 (Disclaimer of Warranties) and clause 13 (Limitation of Liability) herein, FindMyCar shall not be liable for any of the Dealer’s acts or omissions after the point an Enquiry is submitted.  

5.4 Dealers are advised to actively update the status of their Listings (which may be amended or removed at their absolute discretion) and are encouraged communicate with all Leads generated in a timely manner. 

5.5 Information contained in this Platform constitutes an invitation to treat only. No information in this Platform constitutes an offer by us to supply any Services to you.

Project Payment and Cancellation

5.6 All terms in respect to a Dealer’s Listing (including price, terms of sale, sale inclusions, payment terms, etc) must be agreed between the Dealer and the Lead, and where applicable, may be subject to the Dealership company terms and conditions. 

5.7 All payments for Cars listed, and subsequently sold, by Dealers shall be made by the Lead externally to the Platform (i.e. via bank transfer, PayPal, through the Dealer’s standard invoicing process, etc). For the avoidance of doubt, the payment of any Car sale cannot be made via the Platform. 

5.8 By using the FindMyCar Platform, you warrant and represent that you will not, at any time, pursue a claim against FindMyCar for the recovery of such Car sale fees or any other Losses associated with the cancellation of a Car sale by any Dealer.  

6. Dealer Obligations

6.1 Use of the Platform by all Users shall be solely for non-commercial and personal use, unless FindMyCar and the User have otherwise entered into a separate commercial agreement.

6.2 The Dealer acknowledges and agrees that:

(a) the Dealer, and (if applicable) its employees and affiliates shall at all times exercise reasonable care in using the Platform and Services;

(d) the Dealer, its employees and affiliates shall observe and fully comply with all relevant laws and governmental licences, including obtaining a motor dealer licence and any other requirements to engage in the business of Car dealing; 

(c) the Dealer, and (if applicable) its employees and affiliates shall not engage in any conduct that FindMyCar (acting reasonably) deems inappropriate, and in circumstances where FindMyCar deems any behaviour of the Dealer and/or its employees/affiliates to be inappropriate, FindMyCar reserves the right to refuse access to the Platform and the Services to the party acting inappropriately without refunding any part of the Listing Fees paid; and

(d) the Dealer, and (if applicable) its employees and affiliates will, at all times while the Services are being provided, conduct themselves with respect towards all FindMyCar Representatives.

6.3 During the course of this Agreement, the Dealer and/or its employees and affiliates acknowledge and agree that it shall not:

(a) promise any monies to any third party in the name of FindMyCar or open any bank accounts in the name of FindMyCar;

(b) make any statement to any form of media with respect to this Agreement without first obtaining the written consent of FindMyCar;

(c) make any promise, warranty or representation, or execute any contract or otherwise deal or transact using FindMyCar’s name, or in such a way that it could be reasonably construed that that promise, warranty, representation, execution, dealing or transaction had been made by FindMyCar; and

(d) communicate with, or disclose to, any Dealers of FindMyCar, the financial arrangements and contractual terms of any written agreement in place with FindMyCar.

7. GST

7.1 Unless otherwise expressly stated, all amounts payable through your use of this Platform are expressed to be exclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8. Intellectual property

Copyright

1. In these Terms and Conditions, the term "Proprietary Content" means:

(a)this Platform;

(b) all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Platform or any FindMyCar marketing material, and the selection and arrangement thereof); and

(c) all software, systems and other information owned or used by FindMyCar in connection with the Services offered through this Platform (whether hosted on the same server as this Platform or otherwise).

8.2 All Proprietary Content is the property of FindMyCar or its licensors (as applicable) and is protected by Australian and international copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of FindMyCar or other copyright owner (as applicable).

8.3 You may download and print out content from this Platform only for your own personal and non-commercial use and provided that you do not remove, modify, reproduce, adapt, display or distribute any copyright, trade mark or other proprietary notices.

Trade marks

8.4 The look and feel of this Platform (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of FindMyCar. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the express prior written consent of FindMyCar or third party owner.

Uploaded Content

5. This Platform may from time to time contain some features that enable Customers to upload Uploaded Content (e.g., posting images of Cars for Listing purposes, etc.). FindMyCar reserves the right to display, refuse to display, remove and/or amend all or any part of any Uploaded Content at its absolute discretion. In respect of any Uploaded Content that you may upload, you:

(a)represent and warrant to FindMyCar that your sharing of that Uploaded Content does not infringe any copyright or other legal right of any other person or entity; and

(b)grant to FindMyCar a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that Uploaded Content in any way at FindMyCar’s absolute discretion, without any expectation of payment in respect to such use.

8.6    Where the Platform allows you to upload any Uploaded Content, you: 

(a) represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content;  

(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms and Conditions; 

(c) represent and warrant to us that the use or exploitation of any Uploaded Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and 

(d) agree and undertake to us to pay all amounts which become owing to any person or entity (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform. 

(e) It is your responsibility to back up any of Uploaded Content to your own systems.  We do not guarantee that the Platform will always be available at all times. 

(f) You agree that we can store Uploaded Content in our servers.

(g) To the maximum extent permitted by law, you release us and indemnify us from any Claim or Loss in relation to Uploaded Content being stored in our servers. 

Copyright claims

8.7 If you believe that our Platform contains any material that infringes upon any copyright that you hold or control, or that Users or Customers are directed through a link on this Platform to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

9. Photography

9.1    You consent to allow FindMyCar to include any photographs or video content taken by FindMyCar, any third-party photographer or by you as posted on social media for use in our marketing material on the Platform and across any social media platforms of FindMyCar, unless you provide us express written notice revoking such consent.

10. Promotions

10.1     For certain campaigns, promotions or contests conducted by FindMyCar from time to time, additional terms and conditions may apply, which will be made available on the Platform. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms and Conditions, the terms and conditions for the relevant campaign, promotion or contest will prevail. 

10.2 Where any loyalty programs, discounts and/or offers are made available by FindMyCar from time to time, you shall be entitled to use such discounts/offers to purchase products and/or services in accordance with these Terms and Conditions or as otherwise directed on our Platform.

11. Social Media

11.1 You acknowledge and agree that the information contained on our Platform, online news forums and other associated FindMyCar social media channels, including but not limited to Instagram, Facebook, X, LinkedIn, Pinterest, YouTube, Threads or TikTok is for general information only. While we endeavour to keep the information up to date, FindMyCar make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Platform and other related FindMyCar social media channels. 

11.2    You agree that FindMyCar nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Platform and other related FindMyCar social media channels.

11.3 For the avoidance of doubt, FindMyCar makes no representations or Warranties about any third-party website or social media channel which you elect to access through this Platform. Third party websites and social media platforms are not under the control of FindMyCar, and we are not responsible for the accuracy of any information on any platform other than the FindMyCar Platform, nor do we monitor or review the content of any other website. You must take your own precautions to ensure that a third-party website and/or social media platform that you access by link from this Platform is free from viruses, worms, trojan horses and other material of a destructive nature.

12. Disclaimer of Warranties

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINDMYCAR AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS PLATFORM AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS PLATFORM, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

12.2 This Platform is provided strictly on an "as is" basis. To the maximum extent permitted by law, FindMyCar and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Platform or any of its content, and in particular do not represent, warrant or guarantee that:

13. Limitation of liability

Exclusion of liability

13.1 To the maximum extent permitted by law, FindMyCar and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person or entity for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Platform by you or any other person or entity. For the avoidance of doubt, once a Customer contacts the Dealer in respect to a Listing and their details are subsequently recorded in the Dealer’s CRM system, FindMyCar and its affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services or any Dealers’ Listings, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Without limitation to the foregoing, FindMyCar and its Representatives make no representation, and provide no warranty or guarantee, that:

(i) the Customer or Dealer (as the case may be) will achieve any particular results from the provision of FindMyCar’s Services; or

(ii) all Dealers will provide their services in accordance with these Terms and Conditions or any other terms as agreed between the parties from time to time.

13.2 You acknowledge that when you engage a Dealer to enquire about a Listing, or otherwise when you use the Platform in any way, you do so entirely at your own risk and relying on your own enquiries and judgement. All risk of loss and title in the services provided (including any Listings for the sale of Cars on the Platform) by Dealers passes to the Customer immediately upon engagement with the Dealer. Where Users have  registered an Account, we exclude any liability arising in connection with you losing access to your Account or any unauthorised access to your Account. Registered Users and Customers are solely responsible and liable for any activity on their Account, and for maintaining the security of their registered Account.

Remedies limited

13.3 Users of the Platform acknowledge and agree that, in the event of any breach of these Terms and Conditions by a Customer, Dealer, or their affiliates, damages may not be an adequate remedy and the first-mentioned party may, in addition to any other remedies, obtain an injunction restraining any further violation by the other party and other equitable relief, without the necessity of showing actual damage and without any security being required, together with recovery of costs.  Any Claims asserted by such other party against the first-mentioned party shall not constitute a defence in any such injunction action, application or motion. To the maximum extent permitted by law, FindMyCar and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at FindMyCar’s sole discretion):

Release

13.4 You agree that your use of this Platform is at your own discretion and risk. You agree that you will be personally responsible for your use of this Platform and any engagement with a Customer or Dealer (as the case may be) by way of this Platform, and you agree to release FindMyCar and its officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Platform by you or any other person or entity. FindMyCar may plead this release as a bar and complete defence to any Claims or proceedings. 

Force majeure

13.5 To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, FindMyCar excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of FindMyCar, and FindMyCar shall be entitled to a reasonable extension of time for the performance of such obligations.

14. General

Interpretation

14.1 In these Terms and Conditions, the following rules of interpretation apply:

Notifications

14.2 FindMyCar may provide any notification for the purposes of these Terms and Conditions by email and/or by adding the notification into your user control panel.

Email

14.3 You agree that you are responsible for ensuring that content provided to you by FindMyCar via email is not collected in your own junk or spam filters and FindMyCar shall not be held liable or accountable for any loss of communication if this is the case.

14.4 You have the option to discontinue receiving communication and/or emails from FindMyCar by unsubscribing from our email communications at any time.

Costs

15.5 Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.

Assignment

14.6 You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without FindMyCar’s prior written consent. Your registration with this Platform is personal to you or your business and may not be sold or otherwise transferred to any other person or entity.

14.7 FindMyCar may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions or any other policy on our Platform at any time without notice to you.

No waiver

14.8 Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by FindMyCar to act with respect to a breach by you or others does not waive FindMyCar’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

14.9 The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

14.10 FindMyCar reserves the right to amend these Terms and Conditions and any other policy on this Platform at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Platform will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Platform or the Services offered through this Platform.

Dispute Resolution 

14.11 The parties agree: 

(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms and Conditions; 

(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties; 

14.12 The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Platform or these Terms cannot be resolved.

Governing law and jurisdiction

14.13 These Terms and Conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 - Prohibited conduct

YOU MUST NOT: