Terms & Conditions

Welcome to the CarSwap Network!

CarSwap.me is pleased to provide you with access to the network of applications, websites, and related services owned or operated by CarSwap PTY LTD and its related bodies corporate and embodiments (CarSwap) on these terms and conditions.

by accessing or using the CarSwap Network you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the CarSwap Network) as amended from time to time.

  1. About the CarSwap Network

(a) CarSwap publishes or makes available on the CarSwap Network information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by CarSwap and third parties (Material). CarSwap does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the CarSwap Network or on any web site that links from the CarSwap Network (including third party display advertisements).

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

  1. Personal and Non Commercial Use Only

(a) Use of the CarSwap Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of CarSwap:

  1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
  2. use or attempt to use any Material published on the CarSwap Network to create any web site or publication or searchable database;
  3. mirror or frame any web site or page within the CarSwap Network;
  4. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the CarSwap Network or generate or compile any document, index or database based on the Material published on the CarSwap Network;
  5. transfer or sell any information, functionality or products or services offered on the CarSwap Network; or
  6. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

(b) If CarSwap considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to CarSwap’ interests, then CarSwap may immediately terminate your right to access and use the CarSwap Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the CarSwap Network.

(c) By using the CarSwap Network, you verify/decree that you are of legal age in your jurisdiction.

  1. You are Responsible for the use of the CarSwap Network

(a) Whilst CarSwap takes care to ensure that the Material on the CarSwap Network is correct, current and free from errors, CarSwap does not warrant the accuracy or completeness of or the representations made in the Material on the CarSwap Network or any web site that links from the CarSwap Network or any information received as a result of using the CarSwap Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk. You are also required to conduct your own due diligence with respect to researching cars, their condition, their background, their financing, their insurance, and other factors.

(b) The services and Material made available on the CarSwap Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; 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.

(c) You agree to indemnify CarSwap against any liability, loss, claim or demand if CarSwap (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 its officers, representatives, employees or agents) of these terms and conditions.

(d) You must keep your username and password to access the CarSwap Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to CarSwap that you accept all liability for any unauthorised use of any username and password issued to you.

  1. Goods and Services Provided by CarSwap

If CarSwap offers goods or services to you, including advertising any item for sale on the CarSwap Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

CarSwap reserves the rights to allocate usernames at will. CarSwap reserves the right to use information provided to CarSwap for marketing purposes (such as using pictures of your cars in our advertising).

  1. Goods and Services Provided by Third Parties

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

  1. vehicle prices exclude government and statutory charges (unless otherwise stated);
  2. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests;
  3. CarSwap does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
  4. CarSwap 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.

(b) CarSwap may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst CarSwap requests sellers check this information, it may be possible for information to be inaccurate. CarSwap strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

  1. CarSwap 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 and express warranties in respect of any goods or services provided by CarSwap are HEREBY EXCLUDED.

(b) To the full extent permitted by the law, CarSwap will only be liable to you:

  1. 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, to the full extent permitted by law, any such liability of CarSwap is limited, at CarSwap’ 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;
  2. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by CarSwap.

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

(d) To the full extent permitted by law, CarSwap will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage. You agree that your losses to CarSwap are strictly limited to the amount of funds we have directly received from you.

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

(f) These terms and conditions will survive the expiration or termination of this agreement.

  1. Copyright, Trademarks and Licence

(a) Material on the CarSwap Network is © CarSwap PTY LTD and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by CarSwap. Unless otherwise indicated on the CarSwap Network, the material on the CarSwap Network is owned by or licensed to CarSwap 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 CarSwap Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
  2. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) CarSwap.me and other names of CarSwap product and/or services referenced herein are trademarks or registered trademarks of CarSwap.me. Other product and company names mentioned on the CarSwap Network may be the trademarks of their respective owners. Nothing displayed on the CarSwap Network should be construed as granting you any intellectual property rights including the right to use any trademark, without CarSwap’ (or the relevant owner’s, if applicable) express written consent.

(d) In consideration of CarSwap allowing you to access and use the CarSwap Network you grant to CarSwap a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as CarSwap determines from time to time (subject to the CarSwap Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify CarSwap, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

  1. Membership to the CarSwap Network

(a) If you choose to become a member of the CarSwap Network, additional products and services may be made available to you.

(b) by becoming a CarSwap member, you agree to receive electronic communications from CarSwap about its products and services.

(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.

(d) Dealer Subscriptions will be charged at the contractually agreed amounts. Dealers who choose to be billed manually rather than automatic credit card billing will be charged a $10 admin fee per invoice (we highly recommend joining our automatic credit card billing system, contact us today using the form below to enrol).

  1. Communications Services

(a) CarSwap may provide you with the ability to communicate with CarSwap, the CarSwap Network, Sellers, advertisers and users of the CarSwap Network through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by CarSwap. You should not however, consider Communication Services to have been reviewed, screened, or approved by CarSwap.

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

  1. transmit any information or material which is knowingly incorrect, misleading or deceptive;
  2. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by CarSwap to be threatening, hurtful or otherwise 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’s computer or damage any of CarSwap Network’s infrastructure;
  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, or conduct or forward surveys, contests or chain letters other than as approved by CarSwap.
  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 and conditions.
  10. excessively use the Communications Services in a manner which may hinder or prevent CarSwap from providing services to any other persons or which may threaten the integrity or use by any person of the CarSwap Network;
  11. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) CarSwap may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. CarSwap may also suspend or terminate the membership of any member determined by CarSwap to be in breach of this provision.

  1. Software Services

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the CarSwap Network (“Software”) is owned by CarSwap 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 (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.

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

    1. copy, reproduce, translate, adapt, vary or modify in whole or in part or 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.
  1. CarSwap and Your Privacy

by using the CarSwap Network, you agree to the CarSwap Privacy Policy which sets out how CarSwap collects, uses and discloses your personal information.

  1. Specific Terms

(a) Private Sellers to read CarSwap Private Seller Terms and Conditions click here. If you choose to sell an item using the CarSwap Network you must agree to the CarSwap Private Seller Terms and Conditions.

(b) Email a friend. Where CarSwap allows you to email a friend: you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify CarSwap, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

  1. What Law Governs these Terms and Conditions

This Agreement is governed by and construed in accordance with the laws of the State of South Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

  1. CarSwap May Change These Terms and Conditions

(a) CarSwap may at any time and and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and publishing them on the CarSwap Network. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

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

(c) All rights not expressly granted are reserved.

  1. Contact CarSwap

If you have a question, problem or complaint or need to contact us, please use our contact form:

Email us

contact@carswap.me

Version 1.22 (17 May 2018)