Marketplace terms
Last updated: 26th May 2023
1. These terms
1.1 EvalExpert Marketplace is a marketplace that allows users to offer, sell and buy used cars ("Products"). These terms and conditions govern your use of our website, software and applications provided by us (collectively, our "Platform").
1.2 Please read these terms carefully before you submit any order on our Platform. These terms tell you who we are, the conditions on which you may be a seller or a buyer on our Platform, what to do if there is a problem, and other important information. If you think there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2. Information about us and how to contact us
2.1 We are AlgoDriven Pty Ltd, a company registered in Australia, trading as AlgoDriven. Our Australian company number is 603 165 466 and our registered office is at 157 Given Tce, Paddington, Qld, 4064.
2.2 For any questions or problems relating to our Platform, our Products or these terms, you can contact our customer service team on 1800 404 997, email support@algodriven.xyz, or write to us at PO Box 910, Paddington, Qld, 4064.
2.3 Please see clause 14 and our privacy policy for information about what personal data we collect and what we do with it. It's important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights you have about it.
2.4 If we have to contact you, we will do so by telephone or by writing to the email or postal address you provided us. When we use the words "writing" or "written" in these terms, this includes emails.
3. Contracts for sale
3.1 We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.
3.2 We have no control over and do not guarantee the existence, quality, safety or legality of items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.
3.3 We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
3.4 We are not an agent of any buyer or seller.
3.5 We may (at our discretion, but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
3.6 A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order takes place when the seller emails the buyer to accept it, at which point a contract comes into existence between the seller and the buyer.
3.7 Our Platform is solely for the sale and promotion of Products in Australia. We currently do not accept orders from addresses outside Australia.
4. Terms and conditions for sale
4.1 If you list a car on our Platform, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.
4.2 We have full discretion in determining the appearance, placement and order of listings in search and browse results, considering factors such as the buyer and seller's respective location, the search terms used, and their respective history on the Platform.
4.3 All sellers must clearly state the terms and conditions of sale ("Seller's Terms") in their listings, including: forms of accepted payment (if not customary); taxes and applicable government-imposed fees; availability of the car if not immediately available; a return policy; and a refund or replacement policy.
4.4 You are responsible for keeping any content and information posted accurate and up to date, and for deleting listings that are no longer available.
4.5 You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.
5. Terms and conditions for purchase
5.1 When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or bidding on any Product.
5.2 Any order placed or bid submitted is deemed irrevocable and unconditional. In placing an order or bid you agree to the Seller's Terms set out in the seller's listing.
5.3 You enter into a legally binding contract to buy a Product when you commit to buy it, your order is accepted, or you have the winning bid (or your bid is otherwise accepted).
5.4 We do not transfer legal ownership of Products from seller to buyer, nor guarantee clear title. This is the responsibility of the buyer and seller.
6. Content
6.1 When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for providing the Products to you and promoting our Platform.
6.2 For all content you provide, you warrant that: it is accurate, up to date and not misleading; you own or otherwise control all necessary rights regarding it; and its use does not infringe any third-party intellectual property rights.
6.3 While we try to offer reliable information, we do not promise that any content on our Platform will be accurate, complete, up to date or always available.
6.4 If you are buying Products, you agree that we are not responsible for examining or warranting any listings provided by other users. If you are selling, it is your responsibility to review your listing content for accuracy.
6.5 We do not take responsibility, nor assume liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
7. Buyer's rights to make changes
7.1 If a buyer wishes to change a Product ordered, please contact the seller. The seller has full discretion whether to accept the change, and will advise of any resulting changes to price, timing or otherwise. If the change can't be made, or its consequences are unacceptable to the buyer, the buyer may request to end the contract.
8. A seller's rights to make changes
8.1 Sellers may make minor changes to their Products to reflect changes in relevant laws, or to implement minor technical adjustments (including odometer changes of less than 1,000km). If a seller makes significant changes to a Product or its Seller's Terms, the seller will notify the buyer before the changes take effect; if the buyer does not accept them, the buyer may end the contract before the changes apply and receive a refund for any Products paid for but not received.
9. A seller's rights to end the contract
9.1 A seller may end the contract for a Product at any time by writing to a buyer if the buyer does not, within a reasonable time, allow delivery or collection of the Product; or does not make payment when due and still hasn't within seven days of a reminder.
9.2 If the seller ends the contract on these grounds, they will refund any money paid in advance for Products not provided, but may deduct reasonable compensation for net costs incurred as a result of the buyer breaking the contract.
10. Price and payment
10.1 The price of the Product is the price indicated on the purchase pages when the buyer places their order. Sellers must take all reasonable care to ensure the advertised price is correct.
10.2 If a Product is incorrectly priced, and the correct price is lower than shown, the seller will charge the lower amount; if higher, the seller will contact the buyer for instructions before accepting the order.
10.3 A buyer must pay for Products by the time and in the manner specified in the Seller's Terms, or no later than seven days if none is specified.
10.4 If a buyer believes an invoice is wrong, please contact the seller promptly.
11. Our responsibility for loss or damage suffered by you
11.1 Subject to clause 11.2: all warranties, conditions or terms relating to fitness for purpose, quality or condition of Products (express or implied) are expressly excluded; we are not liable for any loss of profit or indirect/consequential loss arising from the provision of Products; and our total liability to you is limited to the price of the relevant Products sold to you on our Platform.
11.2 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any matter which it would be unlawful to exclude or restrict liability for.
12. Use of your personal information
12.1 When you register or otherwise use our Platform, you provide personal data collected and used in accordance with our Privacy Policy. Please read it to understand how we use your information and your rights.
12.2 If you process personal data relating to a buyer or seller to effect a transaction or otherwise use the Platform, you confirm you will only process such data for participating in the marketplace and (where applicable) supplying Products to buyers, and will take reasonable measures to keep it secure.
13. Permitted use
13.1 You agree to use the Platform solely for your internal business purposes and will not: license, sell, rent, lease, transfer or otherwise commercially exploit the Platform to third parties (except as expressly permitted); send spam or unsolicited messages; send or store unlawful, infringing or malicious material; interfere with the integrity or performance of the Platform; or attempt unauthorised access to the Platform or related systems.
13.2 You further agree not to: modify, copy or create derivative works based on the Platform; frame or mirror its content; reverse engineer or decompile it; scrape or use automated data collection tools against it; or access it to build a competitive product, copy its ideas or features, or permit a third party to do any of the foregoing.
13.3 You agree that all data you transmit through the Platform will be free from malicious software of any kind.
13.4 You will not use any device, software or routine to interfere with the proper working of the Platform, nor take any action that imposes an unreasonable or disproportionate load on its infrastructure.
14. Entire agreement
14.1 These terms constitute the entire agreement between any user and us regarding use of the Platform, superseding all prior agreements, promises, assurances and representations, whether written or oral.
14.2 You acknowledge you will have no remedies for any statement or representation not set out in these terms.
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation and will notify you if we plan to. If you do not wish to continue, you may contact us to end the contract within one calendar month of notice, and we will refund any advance payments for Products not provided.
15.2 You may only transfer your rights or obligations to another person if we agree in writing.
15.3 If a court finds part of this contract illegal, the rest continues in force — each paragraph operates separately.
15.4 Even if we delay in enforcing this contract, we can still enforce it later.
16. Governing law and dispute resolution
16.1 These terms are governed by and construed in accordance with the laws of Queensland, Australia.
16.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it without going to court. If you are unhappy with how we've handled a complaint, you may contact the alternative dispute resolution provider we use.
16.3 In the event of a dispute between a buyer and a seller, our full arbitration policy can be found at algodriven.xyz/marketplace-arbitration-policy.