Cash Offer Seller
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 Seller. You are only entitled to use the Platform in accordance with these Terms if you are a private party or non-commercial advertiser.
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. There are no seller fees for the use of the Caroo platform. 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, 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 Seller, you acknowledge and agree that your personal information, including contact details, may be disclosed to Buyers 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 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).
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. You must notify us immediately if the advertised vehicle is sold or withdrawn from sale.
6.7. 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.
6.8. 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. Seller Listings
7.1. A Seller Listing must not:
- (a) list any vehicles located outside of Australia;
- (b) list any vehicles not immediately available for sale;
- (c) list any vehicles that you are not the owner of, or that you do not have a right to sell;
- (d) be misleading or deceptive;
- (e) include your personal contact details in any comments section.
7.2. The seller must describe the vehicle condition accurately and declare any known faults.
7.3. Photographs uploaded with advertisements must be current photographs of the actual vehicle for sale, and must not include any images of people, be digitally altered or contain any watermarks.
7.4. We may review your Seller Listing before presenting it to Buyers, and may, in our sole discretion, accept or reject a Seller Listing. If we reject your Seller Listing, we will notify you via email.
7.5. We may in our sole discretion add to, edit or remove information within your listing including without limitation the Vehicle Identification Number (VIN) and/or registration number.
7.6. You can cancel your Seller listing at any time by notifying us.
7.7. The presentation of your Seller Listing to Buyers 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 Seller Listing to Buyers in the form requested by you.
8. Trade-in valuation estimates
8.1. Cash offer or trade-in value ranges/estimates provided on the platform are obtained from third-party data providers. These values are best estimates calculated by the data providers based on certain market data available at the time.
8.2. Caroo are not responsible for the accuracy of these values provided to sellers. These estimates from data providers are general estimates only and the market value of the seller’s vehicle may vary based on the specific characteristics of the vehicle and market demand for the vehicle at the time. Sellers should perform their own research and due diligence to determine market values of their vehicles in assisting them in making decisions around the acceptance of offers from buyers or the sale of their vehicles.
9. Buyer offers and final inspection
9.1. 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.
9.2. Once an offer is made by a buyer and communicated to the seller, the offer will only 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.
9.3. The seller can select one offer from the offers provided to the seller. Once an offer has been accepted by the seller, 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.
9.4. Notwithstanding any representations by or communication from an employee or representative of Caroo, or on any website or in promotional material, you acknowledge and agree that we make no warranty or representation for the following:
- 1) That sellers will be provided with buyer offers for their vehicles;
- 2) That buyer offers are reasonable, and market related for their vehicles;
- 3) That the buyer will buy the vehicle once an offer has been submitted by the buyer and accepted by the seller (offers are subject to an inspection of the vehicle at the buyer’s premises);
- 4) That the buyer will buy the vehicle for the offer price as the buyer might adjust the offer price after inspection at the buyer’s premises due to previous undisclosed vehicle issues or other issues or reasons.
10. Communication
10.1. The Seller must notify Caroo about the following:
- 1) If the seller has decided not to go ahead with the sale (after accepting the offer) and not to take the vehicle to the buyer for the inspection, the seller must immediately inform Caroo and the buyer.
- 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 sold by the seller, the seller must notify Caroo immediately of the sale and sales price. Caroo will then remove the vehicle from its sales system.
- 3) If a final price is not agreed between the seller and buyer and the sale falls through, the seller must immediately notify Caroo. Caroo will then provide the seller with another offer if available.
11. Warranties
11.1. 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) where you are the Seller, you have the necessary rights and title to sell the motor vehicle;
- (c) the vehicle will be free of any encumbrances at the time of transfer other than those encumbrances that have been notified by the seller;
- (d) where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the motor vehicles in your Seller Listings;
- (e) we do not provide any guarantee that your vehicle will be sold via our Platform or the Caroo Services.
12. Termination
12.1. 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.
12.2. Either Party may terminate this Agreement, by providing the other Party with 30 days’ written notice.
12.3. The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
12.4. This clause 12 will survive the termination or expiry of this Agreement.
13. Terms and conditions and Privacy policy
13.1. 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.