Terms and Conditions
By using this website, you agree that you have read and understood all of these Terms and Conditions (Terms).
These Terms and Conditions apply to your use of this website (Website) owned by Autotrak Vehicle Broking Pty Ltd (Car Hoot) (referred to below as “Car Hoot”, “us”, “we”, “our”) and applies to any information provided by us on this Website, and any messages sent to or from us electronically.
By using this Website, you (the user) confirms your agreement to comply with all of the Terms. We can update our Terms at any time without prior notice and, if we do, we will provide an updated version on this Website.
If you choose not to agree to any of our Terms, you must immediately cease use of the services offered on our Website.
The content on or accessible through www.carhoot.com.au is for informational purposes only and does not constitute technical advice related to your new car quote.
Agreement
1. Our Service
(i) Car Hoot is not a party to, responsible for, or liable in any way for any service provided by a Dealer to you.
(ii) Car Hoot will not be a party to any disputes between the Dealer and you.
(iii) Car Hoot is not liable in any way for any service delivered or service failure by any Dealer for any reason.
(a) Car Hoot grants to users of its web service a limited, revocable right to access and use the Website as stated in these Terms and to print pages from the Website for your personal and informational purposes only.
(b) Except as expressly permitted in these Terms and as allowed by applicable laws, no portion of our Website may be reproduced, adapted or transmitted in any form or by any process, without the explicit written consent by Car Hoot.
(c) You agree to accept “cookies” and other similar devices used by this Website to perform our services. You furthermore agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website.
(d) Car Hoot may terminate your licence to use this Website at any time for any reason at Car Hoot’s sole discretion, including but not limited to:
(ii) Violation by the user of any law or rights of a third party, including but not limited to third party intellectual property rights;
(iii) Posting by the user of material on the Website which promotes non Car Hoot authorised commercial activity;
(iv) Misuse by the user of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
(v) Misuse by the user of any content posted on the Website, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
(vi) Conduct by the user that we consider damaging to our business and our other Website users.
(a) By using our service, you agree you have not been persuaded by any representation by Car Hoot and that, without limiting the foregoing, Car Hoot gives no warranty or representation as to:
(ii) the accuracy, reliability or otherwise of any information displayed on this Website;
(iii) the Website being accessible at any time or at all;
(iv) the Website being error free;
(c) To the highest extent permitted by law, you agree to completely indemnify, keep indemnified and not hold liable Car Hoot and its employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, expenses (including legal expenses), drawbacks or suits arising out of or consequential upon:
(ii) any disagreement between you and a Dealer;
(iii) any negligence by a Dealer in the provision of any product or service to you;
(iv) any loss or damage suffered by or through you arising from or related to the provision of any service by a Dealer; and
(v) any forfeiture or damage suffered by or through you arising from or related to the use of the Website.
(d) Car Hoot accepts no liability for any loss or damage occurred from any third party content displayed on the Website, including any information provided by or relating to Dealers and other information which appears on the Website. Information displayed on the Website may be:
(ii) erroneous in whole or in part; or
(iii) the result of duplication or confusion between Dealers where two or more Dealers have the same or similar name.
(e) Car Hoot is not liable for liability, costs or damages suffered or incurred by you resulting from any communication or miscommunication directly between you and the Dealer.
4. User Supplied Content
Subject to Car Hoot’s legal obligations with respect to privacy:
(a) Any information or material submitted by you through any facility on our Website (User Material) will be considered as having been willingly submitted by you for use by Car Hoot and is protected by our Privacy Policy
(ii) agree to indemnify and hold Car Hoot and its directors, agents and employees from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and assume in favour of Car Hoot never to bring any claim against Car Hoot associated to User Material or your name that you post on the Website.
(b) You represent and warrant in favour of Car Hoot that you are authorised to submit any User Material you submit to Car Hoot and that Car Hoot is free to use any such User Material without any constraint or prior notice to you, whether for Car Hoot commercial or non-commercial purposes and without any compensation to any person or entity.
5. Review of content and Linked Third Party Websites and Information
(a) Car Hoot reserves the right to cooperate with any legal authority in any jurisdiction in respect of any lawful request to disclose the identity or other data in respect of anyone posting any materials which violate any valid or relevant law on the Website.
(b) If you would like Car Hoot to review any material on our Website, please contact us by email at [email protected].
(c) The Website may contain links to third party information and products. Such third-party content and links are not owned, operated or maintained by Car Hoot and they are not endorsed by or affiliated with Car Hoot in any way, unless otherwise indicated on the Website.
(d) Car Hoot is not responsible for the material displayed by any third party appearing on the Website or any third party sites linked to the Website. All information, advertisements or links are purely for informational purposes only and are not commendations by Car Hoot as to the quality, accuracy or completeness of any and all third party information or third party websites.
(e) If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, Car Hoot accepts no liability or responsibility for your actions or omissions on the linked sites.
6. Copyright in Website Content
Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by Car Hoot or used by Car Hoot under licence.
7. How we are paid
Our service is free for you to use. We receive payment from the third party product providers when you use our service to purchase products from them.
8. Third party incentives and promotions
(a) Car Hoot will integrate Program Partners into the Website at its discretion.
(b) Car Hoot reserves the right to change the terms of any promotion offered with or through any Program Partners at any time. Car Hoot is not responsible for changes to or discontinuation of any program.
(c) Car Hoot is not responsible or liable for any promotions or representations made by Program Partners as they are made by the Program Partner only. Car Hoot does not give any warranties, guarantees or representations regarding the quality of any merchandise, products or services offered or provided by any Program Partner. Car Hoot is not responsible or liable to you for any losses you may suffer if the Program Partner fails to comply with its obligations to you.
9. Linking to the Website
(a) You may not redistribute any part of the Website as part of another website in any way such as inline imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of Car Hoot.
(b) You will be liable for any direct or indirect damages to or loss suffered by Car Hoot due to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify Car Hoot in respect of any loss or damage suffered by Car Hoot due to such actions.
10. Limitation of Liability
(a) While Car Hoot takes all reasonable care to ensure accurate and up-to-date information on the Website, the information provided should not be assumed error-free or accurate and Car Hoot makes no representation or warranty as to the timeliness, accuracy, suitability or comprehensiveness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions.
(b) As far as legally possible, Car Hoot accepts no legal responsibility for the actions or oversights of any other users of the Website in relation to the content contained herein.
(c) All material provided on the Website is generic in nature and does not constitute as technical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.
(d) In no event will Car Hoot be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
(e) Car Hoot is not responsible for the removal, failure to store, misdelivery or untimely delivery of any material accessed through the Website or external sites and will not be liable for any impairment or loss whatsoever resulting from any users of the website downloading or accessing any information or material through the Website.
(f) Car Hoot does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.
(g) Car Hoot does not guarantee that files or programs executed and/or downloaded from this Website or provided via this Website are free from viruses and other unauthorised or malicious code or corruption that could harm or interfere with data, hardware or software and Car Hoot is not liable for any such damage or interference which may be suffered in connection with use of our online services.
(h) Car Hoot does not guarantee the security of any material sent to the Website via the internet and such information is sent at the user’s own risk.
(g) Car Hoot does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.
11. Changes to the Website
(a) Car Hoot reserves the right to revise, alter, amend, or remove the content of any part of the Website, including any service available through the Website, at any time in its sole discretion and without prior notice.
(b) Car Hoot reserves the right to terminate or limit access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.
12. Intellectual Property
(a) You recognize that all intellectual property contained on or within the Website is, and always remains, the property of Car Hoot or any other credited parties. You agree not to use the material or data on the Website for any purpose or in any manner that would, in any way, infringe Car Hoot’s intellectual property rights. Except for the temporary copy held in your computer’s cache, the material referred to above may not otherwise be used, imitated, replicated, published, stored in a retrieval system, changed or transmitted in any form or by any means in whole or part without prior written approval from Car Hoot or the approval of the relevant copyright owner.
(b) Nothing displayed on the Website grants any licence or right to use of any logo presented without the explicit written permission of the owner.
13. Updates
Car Hoot reserves the right to revise, alter or amend these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the up-to-date Terms by which you must abide
14. Dispute Resolution
(a) All queries or disputes in reference to the Website including these terms should be submitted to Car Hoot to resolve directly with you.
(b) Car Hoot will aim to resolve any disputes expeditiously.
(c) The User acknowledges that any complaints or enquiries in relation to any good or services supplied by any Dealer will be directed to the Dealer in question.
15. Applicable Laws
These Terms are governed by the laws of the State of Western Australia, Australia.
16. Car Hoot Policies
These Terms must be read with any policy we post on the Website, which policies form part of these Terms.
(a) We will use and share personal information we have collected about you to provide our service and for our business purposes.
(b) We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
(c) Our third party service providers, including Dealers, may contact you from time to time as required to provide our service and to improve our service.
(d) Our Privacy Policy (posted on the Website) governs how we use information we collect about you. If you do not agree to our Privacy Policy, you may not use our service.
(e) You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website.
(f) The Website contains links to other sites that are not affiliated or associated with, or controlled by Car Hoot and Car Hoot has no responsibility for their privacy practices and our Privacy Policy applies only to those parts of the Website within the control of Car Hoot.
(g) Car Hoot may change its Privacy Policy from time to time at its discretion and without notice. If any such changes are made, Car Hoot will make all reasonable efforts to bring those changes to the attention of users of its website services by posting the revised policy on the Website.
Until such time as you unsubscribe, you authorise Car Hoot to send marketing and promotional materials regarding the Website, to you.
Car Hoot’s handling and use of your personal information is governed by our Privacy Policy.
In this Agreement, unless the subject or context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subsidiary legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, firm partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to this Agreement;
(f) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
(h) a reference to any party to this document or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns;
(i) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
(j) a reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols in written form;
(k) a reference to a time is that time in Perth, Western Australia;
(l) except as otherwise provided, a reference to a period of time (including without limitation, a year or a month) is to calendar period;
(m) a reference to the Corporations Act is to the Corporations Act 2001 (Cth);
(n) a reference to an “associate” of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, “control” means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
(o) a reference to “dollars” or “$” is to Australian currency.