About Us
Terms and condtions of use
This is the website of Auto Select Pty Ltd (“Auto Select”) ACN 127 843 538.
1. Acceptance and variation of Terms of Use
1.1 By accessing or using this website in any way, including using any services or purchasing goods, downloading materials or merely browsing the website, you (“the User”), agree to and are bound by the terms and conditions set out in this document (the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, you are not authorised to access or use this website.
1.2 Auto Select may change the Terms of Use posted on the website from time to time at its sole discretion. The User’s continued access or use of the website, or any materials or services, constitutes acceptance of the changes. The User’s access and use of the website, materials and services will be subject to the most current version of the Terms of Use posted on the website at the time of such use. The User should regularly check the "Terms of Use" link on the website to view the current terms.
1.3 If you breach any of the Terms of Use, your authorisation to access or use this website automatically terminates, and any materials downloaded or printed from the website in violation of the Terms of Use must be immediately destroyed.
1.4 The User acknowledges these Terms of Use have been clearly brought to the attention of the User.
2. Use of this web site
The User warrants that they are 18 years of age or older. The User warrants that they have legal capacity to enter an agreement.
3. Unlawful or Prohibited Use
3.1 The User agrees not to use this website for any purpose that is in any way unlawful or in any manner which violates any rights of Auto Select or any relevant third party or associate of Auto Select or which is prohibited under these Terms of Use.
The User agrees not to:
(a) Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
(b) Use or attempt to gain access to or use another account, password, service or computer systems or networks connected to any Auto Select server or to the website without authorisation from Auto Select, whether through hacking, password mining or any other means;
(c) Remove or falsely add to any uploaded materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information;
(d) Access or attempt to access any material that you are not authorized to access or materials through any means not intentionally made available through the website;
(e) Disrupt or interfere with the security of, or otherwise cause harm to the website, or any services, systems resources, accounts, passwords, servers or networks connected to or accessible through the website or any affiliated or linked sites;
(f) Transmit unsolicited or bulk communications to any Auto Select account holder or to any AutoSelect.com.au or affiliated e-mail address;
(g) Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses or worms;
(h) Create a false identity for the purpose of misleading others;
(i) Disrupt, interfere or inhibit any other User from using and enjoying the website or other affiliated or linked sites;
(j) Access or use the website in any manner that could damage, disable, overburden or impair any Auto Select server or the network(s) connected to any Auto Select server;
(k) Prepare, compile, use, download or otherwise copy any website directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
(l) Use any Auto Select domain name as a pseudonymous return e-mail address; or
(m) Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services) through the website, unless specifically permitted to do so in writing by Auto Select.
4. Copyright
4.1 This website and its contents are subject to copyright and other intellectual property rights whether registered or unregistered. Apart from fair dealing permitted by the Copyright Act 1968, Auto Select grants visitors to the site permission to download copyright material only for private purposes (the “Permitted Use”).
4.2 Reproduction or use of Auto Select copyright material beyond the Permitted Use requires permission in writing directly from Auto Select or the relevant copyright owner.
4.3 Auto Select grants permission for the User to hyperlink to the website on the condition and provided that the User does not:
(a) represent a link to Auto Select content as being a link to content other than Auto Select content; or
(b) represent a link to another site as a link to Auto Select.
4.4 The User agrees not to use this website or any of its contents for any purpose except the permitted use. The User agrees to refrain from any modification, reproduction, transmission, performance, display for commercial purposes and/or any other unauthorized use. The User agrees not to modify, adapt, translate or create derivative works based upon the website code. The User agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website. The User agrees not to distribute, sell, rent, lease, licence or otherwise make any of the contents of the website to others.
4.5 The User acknowledges that the rights granted above are a licence and there is no grant of title.
4.6 The rights to the Permitted Use are not applicable to the design, layout or look and feel of this website, which may not be copied or imitated in whole or in part.
4.7 No mark, graphic, sound or image from the website may be copied or retransmitted unless permitted in writing by Auto Select.
5. Disclaimer
5.1 While every care is taken to ensure that all information contained within the website is correct. Auto Select does not warrant the accuracy, adequacy or completeness of the information contained in the website.
5.2 The User accepts and uses Auto Select services at their own risk. Auto Select and its officers, owners, managers employees, agents contractors and related entities do not warrant the accuracy or reliability of any service, appraisal or representation given.
5.3 Information on Auto Select websites or provided to the User by any agent of or person associated with Auto Select should not be regarded as a substitute for professional legal or financial advice.
5.4 They should only be used as a general guide. Auto Select disclaims all liability for any loss or damage of any kind arising from any reliance placed on information provided by Auto Select, goods or services provided by third parties or other users of this website through the website or otherwise, appraisals, quotes or representations.
5.5 The User indemnifies Auto Select and its related entities, directors, officers and agents against all liability for any loss or damage arising from or incurred in connection with the use of the Auto Select website or in connection with any good or service, quote, appraisal or representation given by any third party including without limitation a vehicle dealer using this website. This indemnity is a continuing obligation and survives termination, completion or expiration of the agreement between Auto Select and the User.
5.6 Auto Select does not warrant or guarantee that vehicle dealers using this website are authorised to sell new vehicles at law. It is the responsibility of the User to identify whether the any vehicle dealer is duly authorised to sell new vehicles contained in a quote or otherwise. Liability in this regard is included in the indemnity set out in clause 5.5 above.
6. Third Party Web Sites
This website may provide links with other websites operated by third parties. Auto Select does not monitor these websites and does not make any warranty in regard to any linked website. Auto Select is not liable for any loss or damage resulting from the use any linked website.
Auto Select is not liable for any loss or damage arising from or defect in any good or service provided through or by any linked website. The User links to another website at their own risk. A display of advertising or a third party link does not imply an endorsement or recommendation by Auto Select or its related entities.
7. Viruses
Auto Select does not warrant that any files and/or programs available for download and/or execution from or via this website are free from viruses or any other condition that may damage or interfere with your data, hardware or software. The User agrees to release Auto Select from all liability for loss or damage occurring from the download or use of any programs and/or files associated with or linked from this web site.
8. Privacy
Please refer to our privacy policy.
9. Email marketing
In addition to or congruent with the privacy policy, if you wish to issue a Tender for quotes, you must provide a valid email address and agree to accept email promotions from Auto Select.
10. Limitation of liability
Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Auto Select and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
11. Applicable Law
11.1 This website (excluding linked sites) is controlled by Auto Select Pty Ltd from its offices within the state of Queensland, Australia. By accessing this website, the User agrees that all matters relating to access to, or use of, this website shall be construed and enforced by the statutes and laws of the State of Queensland without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. The User also agrees and hereby submits irrevocably and unconditionally to the exclusive personal jurisdiction and venue of the Magistrates, District and Supreme Courts at Brisbane.
11.2 Auto Select makes no representation that the contents of this website complies with the laws of any country outside of Australia. The User is responsible for complying and abiding by the laws of the country from which the User accesses this website.
12. Termination
Auto Select may terminate a User’s use of the website and its facilities immediately without notice, if you fail to comply with these terms of use in any way (or if Auto Select suspects that you have, will or may do so) or if Auto Select discontinues the operation of the website.
ISSUING & RECEIVING A TENDER FOR QUOTES
These provisions apply in addition to and/or jointly with the general terms and conditions above.
1. Information and data provided
The User will provide only true and correct information to Auto Select in all communications with Auto Select including when the User issues a tender for quotes for a new vehicle through the website
2. Freight and delivery of vehicles
All quotes provided by new vehicle dealers though the website may not include freight and/or delivery to the User’s address and such costs will be borne by the User and should be considered when choosing a new vehicle dealer who has submitted a quote.
All dealer quotes are valid for 24 hours after the tender closes.
3. Tender Reserve and conditions of purcahse
The user agrees that when placing a tender they will provide a drive away tender reserve. The user agrees that if the tender conditions and reserve are met they are obligated with the purchase of the quote of their choice within 24 hours of the tender closing.
The tender reserve must be the best quote received minus our fee, if the tender reserve is unrealistic AutoSelect can ask for the dealership who provided the quote as to confirm. If the user fails to provide such details the tender at AutoSelects decreation may be cancelled
4. Service Fee
AutoSelect's service fee ($100 including GST) plus 10% of the total saving. (Total saving is the reserve price minus the lowest quoted price) will be charged to the pre-authorised credit card only upon a successful tender, meaning a dealerships quoted price is returned lower than the reserve and meeting all conditions of purchase, or the user proceeds with a given quote by selecting and confirming a winner.
5. Warranties and representations
Auto Select provides no guarantee or warranty, and does make any representation, in relation to the quality, effectiveness or timeliness of any goods and/or services provided by any third party including any vehicle dealer providing quotes through the website. This website is a portal only designed to introduce persons requiring new vehicles with new vehicle dealers in their State or region. Auto Select takes no responsibility for any ongoing dealings between Users and vehicle dealers who are introduced through this website.
