Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and QualCars Australia ("QualCars," "we," "us," or "our") concerning your access to and use of the qualcars.com.au website and our services.

By accessing or using our website and services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using our services under Australian law
• Provide accurate and complete registration information
• Maintain the security of your account credentials

3. User Accounts

3.1 Account Creation

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason we deem appropriate.

4. Listing Vehicles for Sale

4.1 Seller Responsibilities

When listing a vehicle, sellers must:

• Provide accurate and truthful information about the vehicle
• Have legal ownership or authorisation to sell the vehicle
• Ensure the vehicle is not stolen, written-off, or encumbered
• Disclose all known defects, damage, or issues with the vehicle
• Provide accurate registration details
• Upload genuine, unedited photographs of the actual vehicle
• Set a fair and reasonable price

4.2 Prohibited Listings

You may not list:

• Stolen vehicles or vehicles with fraudulent documentation
• Vehicles that are subject to finance or other encumbrances (unless disclosed)
• Vehicles with tampered odometers or falsified documentation
• Unsafe or unroadworthy vehicles without proper disclosure
• Vehicles you do not have the right to sell

4.3 Listing Approval

QualCars reserves the right to review, approve, reject, or remove any listing at our sole discretion. We may require additional information before approving a listing.

5. Purchasing Vehicles

5.1 Buyer Responsibilities

Buyers are solely responsible for:

• Conducting their own due diligence and inspecting vehicles before purchase
• Verifying all vehicle information and documentation directly with the seller
• Obtaining independent mechanical inspections if desired
• Obtaining their own Personal Property Securities Register (PPSR) check and any other vehicle history reports they consider necessary
• Ensuring they have the financial means to complete the purchase

5.2 Transactions

QualCars is a platform that connects buyers and sellers. We are not a party to the transaction between buyers and sellers. All sales are directly between the buyer and seller. However, we may facilitate payment processing and documentation through third-party service providers.

6. Vehicle History and Verification

QualCars does not conduct Personal Property Securities Register (PPSR) checks, vehicle history checks, or any other form of vehicle verification on listings, and does not collect or display vehicle identification numbers (VINs) as part of our services. Any vehicle history, condition, or ownership information displayed on a listing is provided solely by the seller and has not been independently verified by QualCars.

Buyers are strongly encouraged to obtain their own independent PPSR check (available via the PPSR government website) and conduct their own due diligence before purchasing any vehicle.

7. Fees and Payment

7.1 Platform Fees

We may charge fees for listing vehicles, premium features, or successful transactions. All applicable fees will be clearly disclosed before you commit to any transaction.

7.2 Payment Processing

Payment processing is handled through secure third-party payment processors. You agree to comply with their terms of service and payment policies.

7.3 Refunds

Platform fees are generally non-refundable. Vehicle purchase refunds and returns are subject to the agreement between buyer and seller and applicable consumer protection laws.

8. Prohibited Conduct

You agree not to:

• Use our services for any illegal purpose or in violation of any laws
• Post false, misleading, or fraudulent listings or information
• Engage in any fraudulent, deceptive, or manipulative conduct
• Harass, abuse, or threaten other users
• Attempt to circumvent our security measures or access restricted areas
• Use automated tools (bots, scrapers) to access our services
• Interfere with or disrupt our services or servers
• Infringe upon intellectual property rights of QualCars or third parties
• Collect or harvest user information without consent

9. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, software, and design, is the property of QualCars Australia or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

10. User-Generated Content

By posting content (including vehicle listings, photos, reviews, or comments), you grant QualCars a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with our services.

You represent and warrant that you own or have the necessary rights to all content you post and that such content does not violate any third-party rights or applicable laws.

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure.

11.2 Vehicle Disclaimer

QualCars does not own, sell, or inspect the vehicles listed on our platform, and does not conduct PPSR checks, vehicle history checks, or any other form of vehicle verification. We make no representations or warranties about the condition, quality, safety, ownership status, or legality of any listed vehicles. All vehicle information is provided by sellers and has not been independently verified. Buyers must conduct their own due diligence, including obtaining their own PPSR check, before purchasing.

11.3 Limitation of Liability

To the maximum extent permitted by law, QualCars shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of our services or any transactions conducted through our platform.

12. Indemnification

You agree to indemnify, defend, and hold harmless QualCars Australia, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of third parties.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees under the Australian Consumer Law (ACL) or other applicable consumer protection legislation that cannot be lawfully excluded.

14. Dispute Resolution

In the event of a dispute between you and QualCars, we encourage you to first contact us at contact@qualcars.com.au to seek an informal resolution. If the dispute cannot be resolved informally, it shall be resolved through binding arbitration in accordance with the laws of Queensland, Australia.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: