Cash Offer Buyer
Terms & Conditions
Welcome to Caroo! We provide a Platform that connects sellers of motor vehicles with potential buyers. These are the terms and conditions for registering and using our Platform. Please read these terms carefully, as they contain important information.
1. Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you use our Platform are set out below:
- We may amend these Terms at any time, by providing written notice to you;
- Our Liability under these Terms is limited to us resupplying the Caroo Services to you and we will not be liable for Consequential Loss;
- We will have no Liability for any aspect of the Buyer and Seller interaction including the motor vehicles offered by the Seller, the description of the motor vehicles requested or offered, any advice provided, supply and delivery of motor vehicles and any event outside of our reasonable control;
- We will handle your personal information in accordance with our Privacy Policy;
Nothing in these terms limit your rights under the Australian Consumer Law.
2. Introduction
2.1. These terms and conditions (Terms) are entered into between Caroo Holdings Pty Ltd ABN 83 631 419 433 (we, us or our) and you, together the Parties and each a Party.
2.2. We provide a platform where vendors of motor vehicles (Sellers) and purchasers of motor vehicles (Buyers) can connect (Platform).
2.3. In these Terms, you means (as applicable) the person registered with us as a Buyer.
2.4. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s Personnel to these Terms.
3. Acceptance and Platform use
3.1. You accept these Terms by registering on the Platform, or using the Platform or the Caroo Services.
3.2. You must be at least 18 years old to use the Platform.
3.3. We may amend these Terms at any time, by providing you with the updated Terms via the Platform. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
4. Service fees
4.1. Caroo will charge you (the buyer) a success fee if you purchase the vehicle. Payment terms will be 7 days from invoice date. The amount of the success fee will be as advertised on the Caroo platform or per e-mail correspondence. Caroo reserves the right to amend its pricing at any time.
5. Registration for the service
5.1. You must provide basic information when registering for the service including your contact name, buyer suburb location, contact number (Australian contact numbers only), and email address.
5.2. All personal information you provide to us will be treated in accordance with our Privacy Policy.
5.3. If you are a Buyer, you acknowledge and agree that your personal information, including contact details, may be disclosed to Sellers in order to facilitate your introduction.
6. Platform summary
6.1. Caroo provides a Platform where sellers and buyers of motor vehicles can connect. We provide the Platform to users (including hosting and maintaining the Platform), and provide promotional opportunities for Buyers and Sellers (together the Caroo Services).
6.2. A Seller wanting to sell a motor vehicle for a cash offer posts an accurate and complete description of specifications of the motor vehicle they can provide, and any other information they deem necessary (Seller Listing). Car details provided to buyers for cash offers are based on data extracts provided by third-party data providers based on the vehicle’s registration plate, as well as further details provided by the seller.
6.3. Buyers interested in purchasing these vehicles can make cash offers on these vehicles, that are then communicated to the sellers.
6.4. You acknowledge and agree that we are not a party to any transaction between the Buyer and Seller, and we accept no liability for any aspect of the Buyer and Seller interaction, we have no control over the conduct of Sellers, Buyers or any other users of the Platform, including but not limited to the accuracy of any Seller Listing, the quality of any motor vehicle listed on the Platform, or the exchange of any funds between the Buyer and Seller.
6.5. Buyers and Sellers may enter into written agreements in relation to the sale of the motor vehicles. To the extent there is inconsistency between any additional terms and conditions separately entered into between buyers and sellers and these Terms, these Terms will prevail.
6.6. The buyer will pay the seller the full agreed purchase price directly in the manner and to the relevant bank account agreed between the buyer and seller.
6.7. You must notify us immediately if you have purchased the vehicle.
6.8. For disputes between Buyers and Sellers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
6.9. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, valuation data providers or cloud storage providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform or any of its features due to a failure of the Third Party Services.
7. Buyer offers
7.1. All offers have to be made before 11:59pm the same day of receiving Caroo’s invitation to make an offer on the vehicle. The offer period will close at 11:59pm the same day and Caroo will not consider any more offers for those vehicles, unless otherwise agreed between Caroo and the buyer.
7.2. An offer can only be withdrawn during the offer period, which is until 11:59pm the same day as the offer was made. After the offer period, an offer for a vehicle cannot be withdrawn unless a clear unintended error has been made. If a clear unintended error has been made, Caroo will cancel the offer and inform the seller of the cancelled offer if the offer was presented to the seller.
7.3. Caroo may only provide selected offers to sellers in its own discretion. Caroo does not guarantee that a buyer offer will be presented to the seller. Caroo considers the monetary value of the offer compared to other offers and market data, as well as the proximity of the buyer to the seller’s location, and other factors deemed relevant to the offer.
7.4. Caroo does not guarantee that an offer provided to a seller will be accepted by the seller. Sellers will at their own discretion decide to accept or not accept offers.
7.5. Caroo aims to notify sellers of buyer offers within 48 hours after the vehicle has been listed for a cash offer on the platform. While Caroo will make all reasonable efforts to provide offers within this time period, the notification may be delayed due to various reasons, some of which might be outside of its control.
7.6. Once an offer is made by a buyer and communicated to the seller, the offer will be valid until 11:59pm on the day after notification. If the offer is not accepted by that time by the seller and communicated to Caroo, the buyer offer will lapse.
7.7. The presentation of your Buyer offer to Sellers by us does not create any relationship of agency between you and us.
7.8. To the maximum extent permitted by law, we will not be liable for any error, omission or failure in presenting your Buyer offer to Sellers in the form requested by you.
8. Offer acceptance and final inspection
8.1. All offers made by buyers based on the vehicle data and information provided, are binding if accepted by a Seller, but subject to a final inspection of the vehicle at the buyer’s premises.
8.2. Once an offer has been accepted by the seller, the buyer will be notified by Caroo and the buyer contact details will be provided to the seller. The seller has 7 days (starting the day after the offer has been accepted and ending at 11:59pm on the 7th day after the offer has been accepted) to take the vehicle to the buyer for the inspection at the buyer’s premises. Once this period has lapsed, the buyer offer will no longer be binding, unless otherwise agreed between the seller and buyer.
8.3. The final offer should be the same as the original offer if the vehicle presents the same as per details provided previously at the time of the offer. Price adjustments are only allowed if the inspection reveals conditions that were not disclosed in the original vehicle details provided at the time of the original offer and reasonably impacts on the buyer’s assessment of the value of the vehicle. The inspection at the buyer’s premises is not an opportunity to renegotiate the offer on the vehicle based on vehicle details that were already made available to the buyer at the time of the original offer.
8.4. Caroo does not guarantee that the seller will bring his vehicle to the buyer’s premises for the inspection and final offer. The seller can still decide not to continue with the transaction (even though an offer has been accepted) and not to submit the vehicle for inspection. Caroo will notify the buyer if the seller has informed Caroo of its intention not to continue with the transaction.
9. Communication
9.1. The Buyer must notify Caroo about the following:
- 1) If the buyer has decided not to go ahead with the offer (after making the offer), the buyer must immediately inform Caroo and the Seller. An offer can only be withdrawn during the offer period, which is until 11:59pm the same day as the offer was made. After the offer period, an offer for a vehicle cannot be withdrawn unless a clear unintended error has been made. If a clear unintended error has been made, Caroo will cancel the offer and inform the seller of the cancelled offer if the offer was presented to the seller.
- 2) If a final price has been agreed between the seller and buyer after the inspection at the buyer’s premises, and the vehicle is purchased by the Buyer, the buyer must notify Caroo immediately of the sale and sales price. Caroo will then remove the vehicle from its sales system. Caroo will charge the buyer a success fee if the vehicle has been sold to the buyer.
- 3) If a final price is not agreed between the seller and buyer and the sale falls through, the Buyer must immediately notify Caroo.
10. Warranties
10.1. You represent, warrant and agree that:
- (a) we are not responsible for any aspect of the Buyer and Seller transaction or any disputes arising in respect thereof;
- (b) we are not responsible for the accuracy or completeness of vehicle data provided to Buyers and do not provide any confirmation of ownership or financial encumbrances on the vehicle. Buyers should perform their own due diligence on vehicle details and data to confirm vehicle details or data for purposes of purchasing the vehicle;
- (c) where you are a Buyer, you are responsible for complying with all laws, rules and regulations which apply to purchasing the motor vehicles;
- (d) we do not provide any guarantee that your bid will be successful in purchasing the vehicle via our Platform or the Caroo Services.
11. Termination
11.1. Should we suspect that you are in breach of this Agreement, we may suspend your Services while we investigate the suspected breach. If we suspend your Services, you will not be able to access and use the Services for the duration of the suspension.
11.2. Either Party may terminate this Agreement, by providing the other Party with 30 days’ written notice.
11.3. The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
11.4. This clause 11 will survive the termination or expiry of this Agreement.
12. Terms and conditions and Privacy policy
12.1. Any information provided through your use of the Caroo website and/or services are subject to Caroo’s Privacy policy, which is available at the Caroo Privacy policy section. The terms set out above should be read in conjunction with our general terms and conditions, which is available at the Caroo General Terms and Conditions section, and together represent the entire agreement between the parties. To the extent of any inconsistency between the terms of this agreement and the Caroo General Terms and Conditions, these terms will prevail.