By accessing or using our website, mobile application, or any related services (collectively, the 'Platform'), you agree to be bound by these Terms and Conditions ('Terms'). If you do not agree with these Terms, please refrain from using our Platform.
2. Definitions
'Platform': Refers to our website, mobile application, and all associated services.
'User': Any person or entity using our Platform.
'Buyer': A user purchasing a vehicle through our Platform.
'Seller': A user listing a vehicle for sale on our Platform.
3. Account Registration
To use certain features of our Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and update it as needed.
You are responsible for maintaining the security of your account and password. You must notify us immediately if you suspect unauthorized access to your account.
4. User Conduct
You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.
Prohibited conduct includes, but is not limited to, fraud, misrepresentation, harassment, unauthorized use of intellectual property, and activities that could harm the Platform or interfere with other users' experiences.
Honest Carsales reserves the right to monitor user activities and take appropriate action, including account suspension or termination, for violations of these Terms.
5. Buying and Selling Vehicles
For Buyers: By purchasing a vehicle through our Platform, you enter into a contract with the Seller. Honest Carsales is not responsible for the quality, condition, or accuracy of vehicle descriptions. It is your responsibility to verify the vehicle's condition and any associated documentation. All vehicle sales are final unless otherwise stated by the Seller.
For Sellers: By listing a vehicle on our Platform, you represent that you have the legal right to sell it, and the information provided is accurate and complete. Sellers must comply with all applicable laws and regulations regarding vehicle sales. Honest Carsales reserves the right to remove any listings that violate these Terms.
6. Fees and Commissions
Honest Carsales may charge fees for certain transactions, which will be clearly indicated on the Platform. By using our services, you agree to pay all applicable fees.
7. Payments and Fees
Listing Fees: Honest Carsales may charge a fee for listing a vehicle for sale on the Platform. The fee structure, including the minimum fee amount and any additional charges, will be clearly displayed when you create a listing. By listing a vehicle for sale on our Platform, you agree to pay the applicable fee, taxes, and charges.
Fee Payment: All fees must be paid in advance when listing a vehicle. Failure to pay the required fee will result in the listing not being published. If you have any questions about the fee structure, please contact our customer support.
Refunds: Honest Carsales generally does not provide refunds for listing fees once the listing is published. Exceptions may be made at our discretion, such as if there was an error on our part or if the listing cannot be published due to technical issues. Contact our customer support to inquire about refunds. Additionally, Honest Carsales is not liable for any payment discrepancies following a car sale. In case of a disagreement, it is the responsibility of the Buyer and Seller to resolve the issue through direct communication. The Seller must clearly indicate their refund policy before the Buyer completes the purchase.
Changes to Fees: Honest Carsales reserves the right to change the fee structure at any time. Any changes will be communicated in advance, and the new fees will apply to listings created after the effective date of the change. Listings created before the fee change will not be affected.
Payment Processing: All payments processed through the Platform are subject to third-party payment processors' terms and conditions. You are responsible for ensuring that your payment information is accurate and up to date.
Disputes: In case of payment disputes, Honest Carsales may facilitate communication between Buyers and Sellers but is not responsible for resolving disputes.
8. Use of Platform
You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform for personal or business purposes in accordance with these Terms.
You agree not to use the Platform to engage in any unlawful or unauthorized activity, including but not limited to hacking, distributing malware, or unauthorized data scraping.
Honest Carsales reserves the right to terminate your license to use the Platform if you violate these Terms or engage in prohibited conduct.
9. Use of Sites
The Platform may contain links to third-party websites. These links are provided for convenience, and Honest Carsales does not endorse or assume responsibility for the content or services provided by third-party sites.
You agree not to use our Platform to link to any third-party sites that contain illegal, offensive, or inappropriate content.
10. Third-Party Content & Links
The Platform may include content provided by third parties, such as Sellers, advertisers, or other partners. Honest Carsales is not responsible for the accuracy, completeness, or reliability of third-party content.
Any interaction with third-party content or links on the Platform is at your own risk. Honest Carsales is not liable for any loss or damage arising from third-party interactions or content.
11. Intellectual Property
All content on the Platform, including text, images, logos, trademarks, and other proprietary materials, is the property of Honest Carsales or its licensors. You may not reproduce, distribute, or modify any content without prior written permission from Honest Carsales.
By submitting content to the Platform (e.g., vehicle listings), you grant Honest Carsales a non-exclusive, royalty-free license to use, reproduce, and distribute such content for the operation and promotion of the Platform.
12. Privacy and Data Protection
Your use of the Platform is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information.
You agree to comply with applicable data protection laws and regulations, including the Australian Privacy Principles (APPs). Honest Carsales reserves the right to disclose your information to comply with legal obligations or protect our rights and property.
13. Ratings & Reviews
Users may be able to rate or review Sellers, Buyers, or vehicles on the Platform. By submitting ratings or reviews, you grant Honest Carsales the right to use, display, and distribute them as part of the Platform.
You agree to provide honest and accurate ratings or reviews and not to submit false, defamatory, or inappropriate content. Honest Carsales reserves the right to remove or moderate ratings and reviews that violate these Terms or applicable laws.
14. Disclosure Statement
Honest Carsales may receive compensation or benefits from Sellers, advertisers, or other third parties in connection with services provided through the Platform. This may include commissions, advertising fees, or other financial benefits.
Honest Carsales is not responsible for any actions taken by third parties, and all transactions are between Buyers and Sellers. You agree to conduct due diligence and understand the terms of any transaction before engaging with third parties on the Platform.
15. Limitation of Liability
Honest Carsales provides the Platform 'as-is' without any warranties, express or implied. We do not guarantee the accuracy or reliability of any information on the Platform, including vehicle descriptions.
Honest Carsales is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Platform, any transactions conducted through it, or third-party content or services accessed via the Platform.
Honest Carsales is not responsible for any loss or damage caused by system failures, unauthorized access to accounts, or interruptions in service.
16. Disclaimers
Honest Carsales does not guarantee that the Platform will always be available or error-free. We reserve the right to modify, suspend, or discontinue any part of the Platform without prior notice.
Vehicle descriptions, prices, and availability are provided by Sellers and are not guaranteed by Honest Carsales. Buyers are responsible for conducting their own due diligence before purchasing a vehicle.
Honest Carsales is not responsible for any actions taken by third parties who may contact you through the Platform.
17. Indemnification
You agree to indemnify and hold harmless Honest Carsales, its affiliates, officers, directors, and employees from any claims, damages, or liabilities arising from your use of the Platform, breach of these Terms, or violation of applicable laws or regulations.
18. Dispute Resolution and Governing Law
Any disputes arising from these Terms or your use of the Platform will be governed by Australian law. You agree to submit to the exclusive jurisdiction of the courts located in [your state or region].
You agree to attempt to resolve disputes amicably before pursuing legal action. Honest Carsales may offer mediation or arbitration services to assist in dispute resolution.
19. Termination and Suspension
Honest Carsales reserves the right to suspend or terminate your account at any time, with or without cause. You agree that Honest Carsales is not liable for any damages resulting from such termination or suspension.
If your account is terminated, you must cease all use of the Platform and remove any content related to Honest Carsales.
20. Changes to Terms and Conditions
Honest Carsales reserves the right to update these Terms at any time. Changes will be communicated through the Platform or other appropriate means. Continued use of the Platform after changes are made constitutes acceptance of the updated Terms.
21. General Sections
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Failure by Honest Carsales to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
Entire Agreement: These Terms, along with the Privacy Policy and any other referenced documents, constitute the entire agreement between you and Honest Carsales regarding the Platform.
Assignment: Honest Carsales may assign its rights and obligations under these Terms without your consent. You may not assign or transfer your rights under these Terms without written consent from Honest Carsales.
22. Contact Information
If you have questions or concerns about these Terms, you can contact us at: