Terms & Conditions
1 Who we are
a) “CAROX” / “AutoXALE” / “XALE” / ”“OX” / “we” / “us” and “our” means AutoXALE Pty Ltd, Australian Business Number 38 654 596 684.
2 About our Terms
a) These Terms explain how you may use application “CAROX” / “OX” (the “App”). Additional to these Terms, the following terms apply to your use of the Site:
i) Our privacy policy is available here, which sets out the terms on how we handle your personal information; and
b) You should read these Terms carefully before using the App.
c) By accessing or using the App or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.
d) If you do not agree with or accept any of these Terms, you should stop using the App immediately.
e) If you have any questions about the App, or you would like to make a complaint about our services, please contact us by e-mail on: info@carox.au.
f) Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) working days and subsequently conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either:
i) take steps to remedy the defect in our services; or
ii) where you have already paid our fees in accordance with clause 12, refund you a fair proportion of those fees paid; or
iii) where you have not already paid our fees in accordance with clause 12, charge you a fair proportion of fees (include no fees, where reasonable).
g) If you’ve contacted us and you feel that we haven’t resolved your complaint satisfactorily, please email or write to our Head of Dispute Resolution:
a. Email: info@carox.au
3 Definitions
i) “Lot” means any lots listed on the App including Vehicles;
ii) “Australian Consumer” means a consumer within the meaning of section 3 of the Australian
iii) Consumer Law.
iv) “Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time).
v) “Buyer” means a person who registers with us and is accepted to submit bids for the purchase of an lot;
vi) “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the App;
vii) “Seller” means the person who registers with us and is accepted to list an Lot for sale;
viii) “App” has the meaning given to it in clause 2.1;
ix) “Terms” means these terms and conditions of use as updated from time to time under clause 24;
x) “Vehicle” means any car listed as being part of the Lot;
xi) “Working days” means Monday to Friday except public holidays as applicable in NSW Australia;
xii) “you” means a Buyer or a Seller or any other person accessing, browsing or using the App or its Content (and “your” shall have the same meaning).
4 Using the App
a) We only provide a platform for a Seller to list their Lot for sale and a Buyer to bid on an Lot with the intent of purchasing. We do not act as agent of the Seller and we do not offer for sale, sell, buy or exchange any Lots. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller. We do not hold title of any vehicle, inspect any vehicle, or have any vehicle in our legal possession.
b) You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App.
c) In relation to your use of the App, your legal rights as a consumer, or if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected.
d) We may prevent or suspend your access to the App if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
e) As a condition of your use of the App, you agree:
i) not to use the App for any purpose that is unlawful under any applicable law or prohibited by these Terms;
ii) not to use the App to commit any act of fraud;
iii) not to use the App to distribute viruses or malware or other similar harmful software code;
iv) not to use the App for purposes of promoting unsolicited advertising or sending spam;
v) not to use the App to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
vi) not to use the App in any manner that disrupts the operation of our App or business or business of any other entity;
vii) not to use the App in any manner that harms minors;
viii) not to promote any unlawful activity;
ix) not to threaten, abuse, harass, or invade the privacy of any other user of the App or third party;
x) not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with CAROX or with any other person or entity;
xi) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
xii) not to use the App to gain unauthorised access to or use of computers, data, systems, accounts or networks;
xiii) not to attempt to circumvent password or user authentication methods; and
xiv) not to attempt to circumvent the cancellation of your account by us by opening a new account appearing to be a new user of the App (“phoenixing”).
f) You cannot bid on your own Lot. You cannot bid on an Lot of someone connected to you, nor can you have a friend or someone connected to you bid on your Lot unless they have a genuine intention of purchasing the Vehicle. If you are not a consumer, you will be liable to us and indemnify us for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this clause. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your breach of this clause.
5 Your account with us
a) The App is available for users if you are at least 18 years old. In order to use the App as a Buyer or Seller you must first register, and you will need to provide at least the following information:
i) first and last name;
ii) date of birth;
iii) address;
iv) details of your bank accounts; and
v) such other information as may be requested at signup,
(1) and we will instruct a third party, Stripe, Inc., to verify your name and address before you can use the Site. The information you submit to us, including as part of your account creation and registration or use of the App, must be truthful, accurate and not misleading.
b) For a Seller, you must confirm that you have legal ownership of the Lot. If the Vehicle is subject to finance the amount outstanding must be confirmed prior to listing.
c) For a Buyer, you must provide us with a valid payment method for our fees. For a Seller, you are required to provide a valid payment card so we can collect payment if we charge you fees in accordance with clause 5.g and clause 6.d.
d) Stripe reserves the right to carry out checks for the purposes of confirming your identity and the prevention of financial crime. You will be prompted to provide the above information in the payment section when you first try to make a payment. You are not obliged to provide this information, but if you do not, you will not be able to make payments through CAROX and Stripe and you may not be able make a bid.
e) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
f) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
g) If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.
6 Listing a Vehicle for Sale on our App
a) CAROX will consider the proposed Lot and confirm if the Lot is accepted to be listed on the App. CAROX may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. There will be a pre-list period where you will need to wait for the Lot to go live.
b) CAROX gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at CAROX’s sole discretion and should not be relied upon as an indication of the actual selling price.
c) If you are a Seller listing a Lot for sale: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Lot entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Lot. If you are a Seller you represent and warrant that you are the legal owner of the Lot and free to sell the Lot listed on the App and that the sale to the successful Buyer will be free of any charges or encumbrances and transfer legal ownership to the Buyer. In ensuring accuracy the advertised odometer can be exceeded by no more than 1,000 kilometres at the point of collection by the Buyer.
d) If you as the Buyer/Seller withdraw your Lot from sale/bid, or following an agreed buy/sale of your Lot to a Buyer/Seller, you fail to complete the buy/sale of the Lot within the timeframe agreed with the Buyer/Seller for any reason other than the default of the Buyer/Seller, you will be obliged to pay the fees to CAROX in accordance with clause 11, calculated on the last bid/sell you agreed inclusive of Goods and Services Tax (“GST”).
e) CAROX reserves the right to request evidence that this transaction has been completed prior to making such payment. The Buyer/Seller acknowledges and agrees that the offering or provision of such payment by CAROX to the Buyer/Seller is an independent transaction and does not in any way make CAROX
a party to sale of the Seller’s relevant Lot or other transaction between the Seller and the Buyer.
7 Seller Content and Description
a) The description of the Lot is, to the best of the Seller’s knowledge, accurate and not misleading. The Seller has notified CAROX Cars in writing of any material alterations to the Lot of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot, and has provided CAROX with all such information in the Seller’s possession or control. If the Seller notifies us in writing of any amendments to the description, we will use our reasonable endeavours to announce these amendments in the comments section.
b) While CAROX does perform some verification processes, CAROX shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Lot.
c) To the extent permitted by law including Australian Consumer Law (as applicable to Australian Consumers), CAROX has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
d) If a sale is lost because of the failure of the Seller to disclose to Collecting Cars all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Lot, the Seller shall pay the fees to CAROX in accordance with clause 6.d.
e) The Seller gives CAROX the full and absolute right to photograph and illustrate any Lot consigned for sale, and to use such photographs and illustrations at any time at its absolute discretion.
f) Photographs and illustrations used for the Lots are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
g) Estimates and descriptions for the Lots may be amended at CAROX’ s discretion from time to time by notice to the Seller given orally or in writing.
8 Bidding for a Vehicle on our App
a) If you are a Buyer bidding for a Lot— throughout these Terms the word “bid” shall include making an offer, you acknowledge that it is your responsibility to:
i) check the accuracy of your bids — all bids are made at your own risk;
ii) directly contact the Seller to purchase the Lot once your bid is approved by us;
iii) check the Lot at the point of collection;
iv) independently determine the description, ownership, value, condition, authenticity and quality of the Lot; and
v) pay shipping and delivery costs associated with your purchase of a Lot, including but not limited to taxes, fees and testing charges.
b) As a Buyer, you agree in regard to each bid submitted for a Lot that
i) your bid is a legally binding obligation on you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you must pay our fees; and
ii) you are making an irrevocable offer to purchase that Lot and you must pay to the Seller the final amount;
iii) you can only withdraw your bid before Seller accept your bid; and
iv) Every of your bid is only valid for 5 days. You can place multiple bid on 1 or multiple vehicles at the same time.
c) If you as the successful Buyer fail to complete the purchase of the Lot (including failing to pay to the Seller the final amount within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to CAROX in accordance with clause 11.
d) If your bid is successful, you will pay to the Seller the final amount within 10 working days of the bidding ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller within the 10 working days, or within the timeframe agreed with the Seller, you will lose the right to purchase the Lot and the fees paid and payable to CAROX will not be refundable.
e) It is for the Buyer and Seller to agree a suitable payment method for the Lot. If you want to protect your funds for purchasing a Lot, you may opt to use an escrow agent. The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed.
f) CAROX may at its discretion remove any bid made by a Buyer bidding for an Lot if:
i) you have not provided us with a valid payment method for our fees, either because we could not pre-authorise your payment card, or for any other reason;
ii) you have made a clear typographical error;
iii) we believe the Seller is bidding for the relevant Lot, or we believe you are bidding on behalf of the Seller; or
iv) you did not pass one or more of the backgrounds checks we have made on you.
g) You warrant that the funds you use for your purchase of a Lot, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.
9 Process and Sales Outside CAROX
a) We have the right, at our absolute discretion, to withdraw any Lot from Listing. We are not required to provide any reason for exercising this right of withdrawal.
b) Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of a Lot outside of the App. If any sale of a Lot is concluded outside of the App in any event, the Seller will be obliged to pay the fees to CAROX in accordance with clause 11 that would have been paid by the Buyer/Seller had the Lot been sold via the App, calculated on the List Price inclusive of GST.
10 Dispute relating to a sale
a) Any dispute with respect to the sale of any Lot shall be resolved between the Buyer and Seller and without the participation of CAROX.
11 Our Fees
a) Using the App is free for Buyer/Sellers until vehicle transaction price agreed, except where otherwise stated in these Terms. Clauses 5.g and 6.d require the Buyer/Seller to pay to us the fee, and the provisions of this clause 11 shall apply to the Buyer/Seller in those circumstances.
b) When you bid on a Lot, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee payable if you are the successful bidder. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.
c) For the Buyer/Seller who has reach on price agreement on the Lot, both buyer and seller will pay to us a fee equivalent to a commission of 1% inclusive of GST (if chargeable) calculated on the final selling price of the Lot each side.
d) The fee will be processed by Stripe on our behalf.
e) Your credit card or debit card will only be charged if transaction is agreed in which case immediate payment shall be taken by CAROX for our fees. The fees payable to CAROX are non-refundable; your legal rights as a consumer or, if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected.
f) Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. It is your responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, your bid may be cancelled by us.
g) We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the price agreement reached, make payment of the outstanding amount in one of the currencies specified in clause 11.h and in immediately available funds during normal banking hours to such bank account as we shall specify. If we do not receive this fee within 24 hours of the price agreement reached, the fees payable to CAROX will remain payable.
h) The fees for our service will be charged in Australian dollars (AU$) and are inclusive of GST (if chargeable). Our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.
i) If your payment is not received by us under this clause 11, we may also charge interest on any balance outstanding at the rate of 4% a year above the Reserve Bank of Australia base rate.
12 Your privacy and personal information
a) Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
b) Our privacy policy is available here.
c) Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website at Stripe.
13 Cancelling this contract
a) Consumers’ right to cancel:
i) Cancelling your account:
ii) You can cancel your account membership with us at any time by informing us of your decision by using the form below as a template.
14 Submitting information to the App
a) While we try to make sure that the app is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
b) Whenever you make use of a feature that allows you to upload Content to CAROX or the App, or to make contact with other users of our App, you must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
c) You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
d) Any Content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in clause 15.a.
e) You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
f) We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.
g) We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the App and/or CAROX.
h) We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards posted on the App.
i) The views expressed by other users on our App do not represent our views or values.
15 Ownership, use and intellectual property rights
a) When you upload or post content or submit material to CAROX or the App, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Lot in connection with the service provided by the App and across different media and for the purposes of marketing and promotion of the App and CAROX. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
b) The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
c) Nothing in these Terms grants you any legal rights in the App other than as necessary to enable you to access the App. You agree not to adjust to try to circumvent or delete any notices contained on the App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the App.
16 Trademarks
a) “CAROX” and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
17 Accuracy of information and availability of the App
a) While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the App will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
b) We may suspend or terminate operation of the App at any time as we see fit.
c) News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
d) While we try to make sure that the App is available for your use, we do not promise that the App is available at all times nor do we promise the uninterrupted use by you of the App.
18 Hyperlinks and third-party sites
a) The App may contain hyperlinks or references to third party websites other than the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
b) You may create a link to our App from another website without our prior written consent provided no such link:
i) creates a frame or any other browser or border environment around the content of our App;
ii) implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our App; or
iii) displays any of the trademarks or logos used on our App without our permission or that of the owner of such trademarks or logos.
c) We reserve the right to require you to immediately remove any link to the App at any time, and you shall immediately comply with any request by us to remove any such link.
19 Warranties Disclaimer
a) This clause applies to you if you are an Australian Consumer.
b) To the extent that you acquire services from us as an Australian Consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement. Nothing in the Terms operates to exclude, restrict or modify the application of any provision, condition or warranty, the exercise of any right or remedy or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, where to do so would contravene that statute or cause any part of the Terms to be void (“ Non-excludable Consumer Obligations”).
c) Except in relation to Non-excludable Consumer Obligations, and otherwise to the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the common law that impose any liability or obligation on us are excluded from the Terms.
d) To the maximum extent permitted by law, our liability for breach of any Non-excludable Consumer Obligations is limited to:
i) supply of the services again; or
ii) paying the cost of having the services supplied again.
20 Limit on our responsibility to you
a) Limit on our responsibility to you if you are a consumer or an Australian Consumer:
i) If you are a consumer or Australian Consumer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(1) losses that:
i. were not foreseeable to you and us when these Terms were formed; or
ii. that were not caused by any breach on our part;
(2) business losses; and
(3) losses to non-consumers.
b) Limit on our responsibility to you if you are not a consumer:
i) If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 20.b.
ii) Subject to clause 20.b.v, our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
iii) Subject to clause 20.b.v, we shall not be liable for consequential, indirect or special losses.
iv) Subject to clause 20.b.v, we shall not be liable for any of the following (whether direct or indirect):
(1) loss of profit;
(2) loss or corruption of data;
(3) loss of use;
(4) loss of production;
(5) loss of contract;
(6) loss of opportunity;
(7) loss of savings, discount or rebate (whether actual or anticipated);
(8) harm to reputation or loss of goodwill.
v) Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
(1) death or personal injury caused by negligence;
(2) fraud or fraudulent misrepresentation; or
(3) any other losses which cannot be excluded or limited by applicable law.
c) A sale contract for a Lot is between a Seller and a Buyer. CAROX does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Lot. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.
d) We cannot guarantee the continuous operation of or access to our App. Bid update and other notification functionality via our App may not occur in real time. The functionality of our App is subject to delays, interruptions and errors beyond CAROX’s control.
e) CAROX shall have no liability for any such delays, interruptions, errors or other problems referred to in clause 20.d.
21 Events beyond our control
a. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
22 Rights of third parties
(a) No one other than a party to these Terms has any right to enforce any of these Terms.
23 Variation
a. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 23. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
24 Unenforceable provisions
a) If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
25 Jurisdiction and Applicable Law
a) The Federal court of Australia will have non-exclusive jurisdiction in relation to these Terms and Australian law will apply to these Terms.