BetterDeal Terms and Conditions

WWW.BETTERDEAL.COM.AU

USER AGREEMENT

The following are the terms and conditions upon which BetterDeal Pty Ltd ACN 113 298 374 ("BetterDeal") provides the Service on the Site to Users (“you”). You are required to accept these terms and conditions before using the Service, and by accepting you agree to be bound by the terms and conditions stated below. Please note that the terms and conditions may be amended in the future and you should review them every time you wish to use the Site and/or the Service.

1. DEFINITIONS AND INTERPRETATION
(a) “Agreement” means these terms and conditions.
"Auction" means the process in which a Dealer makes Bids for the opportunity to sell its Products in response to a Request.
"Bid" means the information submitted to BetterDeal and confirmed by the Dealer identifying the price (including dealer delivery charges, stamp duty and government charges) at which the Dealer is prepared to sell the Product the subject of a Request.
“Business Day” means a day which is not a Saturday, Sunday or public bank holiday in Australia.
“Dealer” means a dealer of a Product who may use the Site to place Bids.
“Intellectual property” means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
“Lowest Bid” means the Bid representing the lowest price submitted by a Dealer in an Auction, which is at or below the Auction Start Price.
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Site.
“Other Dealer” – Any other dealer other than the Winning Dealer who is authorised to sell the same make and model.
“Request” means the information submitted to BetterDeal and confirmed by a User identifying the Product they wish to purchase, and which will be the subject of an Auction.
“Request Overview” means the summary of specifications relating to a Product which are accessed by the User prior to making a Request for that particular Product.
“Auction Start Price” determined by the first bid placed by a dealer on a submission from the User.
“Product” means a motor vehicle.
"Service" means the online service provided by BetterDeal in which a Users and Dealers may be brought together by way of an on-line auction process.
"Site" means the internet site located at http://www.betterdeal.com.au.
“User” means any person who accesses the Site or registers for the Service other than a Dealer.
“User Fee” means an amount equal to $350 and payable by a User in accordance with clause 6 of this Agreement.
“Winning Dealer” means that Dealer who has made the Lowest Bid.
(b) Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any Act or Statute includes any Act or Statute which supersedes, replaces or modifies any earlier Act or Statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2. ELIGIBILITY
You are only permitted to use the Service if
(a) you are legally capable of entering into binding contracts under applicable law, including, without limitation, the requirement that you are over the age of 18 years;
(b) you have a valid credit card accepted by BetterDeal; and
(c) you validly register to use the Service.
3. REGISTRATION
(a) When you register for the Service, you will require an e-mail address and submit information about yourself. BetterDeal will provide you with a password. You must notify BetterDeal immediately if you become aware of any unauthorised use of your password or of any other security breach.
(b) BetterDeal will use information provided by you on registration to enable you to use the Service. Your information may therefore be provided to a Winning Dealer, and be used to notify you about the progress of an Auction in which you are participating. Our privacy policy can be viewed on the Site.
4. SERVICE
(a) BetterDeal provides the Service to bring Users and Dealers together. By placing a Request in an Auction, Users are requesting that Dealers place Bids for the opportunity to sell that Product to the User at or below the Auction Start Price for the Product.
(b) In order to use the Service, you will need to observe the information and follow the instructions relating to the Auction process set out on the Site.
(c) BetterDeal only provides access to Dealers in metropolitan areas or surrounding areas. You acknowledge that it is your responsibility to arrange for any transportation or delivery (possibly including any costs) of Products.
(d) BetterDeal does not sell or acquire any Products shown on the Site and is not directly involved (whether as agent or principal) in the transactions between Users and Dealers save as the provider of the Site and the Service. BetterDeal cannot guarantee any transaction contemplated by a User through the use of the Service will be completed.
(e) BetterDeal can not and will not make enquiries as to the nature and suitability of any Product, the accuracy of any description of a Product, or the ability of a Dealer to complete any transaction.
5. AUCTION RULES
(a) If you wish to use the Service, you may identify the characteristics of a Product and submit this Product description to an Auction on the Site.
(b) Prior to submitting your Request you will be provided with a Request Overview which, among other things, summarises your Request and asks you to confirm that it is accurate.
(c) An Auction will open at 9am on the Business Day following the day on which your Request is made, and will conclude at 4pm on that day. All times are as close as possible to Australian Eastern Standard time (AEST or AEDT)).
(d) BetterDeal has the discretion to close an Auction prior to 4pm.
(e) You cannot change your Request once an Auction is open.
(f) When an Auction conducted in response to your Request closes and a Bid is at or below the Auction Start Price:
(i) the User Fee is payable to BetterDeal;
(ii) subject to clause 6(b), BetterDeal provide your name and contact information to the Winning Dealer.
(g) When an Auction conducted in response to your Request closes and no Bid is at or below the Auction Start Price, BetterDeal will notify you that your Request has been unsuccessful and you will not be charged the USER fee.
6. USER FEE
(a) When the User Fee is due and payable to BetterDeal under clause 5(f) you authorise BetterDeal to debit the User Fee from your nominated credit card.
(b) BetterDeal will not perform the notifications in clause 5(f)(ii) until a successful payment has been confirmed.
(c) The User Fee payable to BetterDeal is in addition to any amount you may agree to pay to a Dealer for any Product and is not refundable.
(d) BetterDeal may receive a fee from the Dealer between $1 and $500.
(e) Should BetterDeal not beat your genuine quote and you wish to obtain a refund for the USER FEE,
(i) If your auction is submitted with a quote you must supply that exact figure on a written quote that is dated before the auction start date.
7. TERMINATION
(a) BetterDeal may terminate this Agreement if you:
(i) do not pay the User Fee when required;
(ii) provide BetterDeal information which is untrue, inaccurate or incomplete;
(iii) breach any of the warranties or conditions in this Agreement;
(iv) fail to perform your obligations under this Agreement; or
(v) if BetterDeal becomes aware that you have engaged in any fraudulent activity, including bid manipulation or collusion.
(b) If BetterDeal terminates this Agreement, your access to the Service will be refused and you may not register again.
8. PROCESSING AND TECHNOLOGY ISSUES
In the event of errors in processing and/or site downtime or any other errors or delays caused to the Site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, BetterDeal reserve the right to take such action as it considers necessary in relation to any Auction, the Site or the Service.
9. WARRANTIES
You are responsible for any information you provide through the Site. In particular, you warrant that such information
(i) is true, accurate and complete;
(ii) is not fraudulent or misleading;
(iii) does not infringe any third party’s Intellectual Property or privacy;
(iv) does not violate any law, statute or regulation;
(v) is not obscene or contains pornography;
(vi) does not contain any viruses, worms, or other computer programming instructions that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information of BetterDeal.
(vii) no pricing may be published on the internet or in print without written consent from BetterDeal.
(viii) no car dealer, manufacturer or mystery shopping services may use BetterDeal without prior written consent from BetterDeal. No refunds of the USER FEE will be permitted under these terms.
10. INDEMNITY
(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against BetterDeal which are connected with, arise out of, relate to or are incidental to the use of the Site or the Service.
(b) You agree to indemnify BetterDeal and keep us indemnified, and save harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by BetterDeal arising out of or in connection with the Site or the Service by any other person as a result of your, or any person using your password’s:
(i) act or omission
(ii) breach of this Agreement; or
(iii) infringement of any Intellectual Property on the Site.
11. LIMITATION OF LIABILITY
(a) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of BetterDeal (in negligence or otherwise) is limited (at the option of BetterDeal) to the resupply of services, or the cost of having the services supplied again. BetterDeal shall not be liable for any indirect or consequential loss.
(b) Nothing in these terms and conditions is intended to limit or exclude any liability on BetterDeal’s part where and to the extent that applicable law prohibits such exclusion or limitation.
(c) You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Service may not be available or Requests may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility.
12. INTELLECTUAL PROPERTY
All Intellectual Property in any Material on the Site is the property of BetterDeal, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
13. GENERAL
(a) Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
(b) A failure or delay by BetterDeal to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by BetterDeal does not preclude its future exercise or the exercise of any other power or right.
(c) This agreement is governed by and must be construed according to the law of the State of Victoria, Australia.
(d) All deliveries of vehicles are to be made within 42 days unless stated otherwise. It is the responsibility of the USER to ensure that the vehicle is in stock and /or be aware that you may have to wait for the car for an extended period due to complexity of build ie colour, options, etc. If the vehicle is not in stock BetterDeal will arrange a credit to run an auction at a later date. BetterDeal will not refund the USER FEE.
(e) BetterDeal may not always have multiple dealers available in every location for every vehicle. BetterDeal reserves the right to negotiate the best price for a buyer, even though this may only involve one dealer.
(f) While all efforts are made to check pricing and other errors, inadvertent errors do occur from time to time and BetterDeal reserves the right to decline orders arising from such errors.