Pay through carsales - Terms of Use

By accessing or using the ‘pay through carsales’ service, you agree to be bound by these Terms of Use.

Terms

1. Introduction

   1.1

   (Pay through carsales) The ‘pay through carsales’ payment option enables private buyers and sellers to send or receive funds (as the case may be) relating to the sale of a Vehicle advertised on the carsales Network (carsales Pay). carsales Pay is provided by carsales services Pty Ltd (ABN 92 672 434 650) (carsales, we, us or our)

   1.2

   (Acceptance of Terms) By accessing or using carsales Pay, you agree to be bound by these Terms.

   1.3

   (Contact us) If you experience any issues with carsales Pay, or have any questions about these Terms, please contact us.

   1.4

   (Pay through carsales) Selling or buying a Vehicle with carsales Pay involves the following steps:

   (a‌)

   The Buyer and Seller must meet the eligibility requirements (see clause 2);

   (b‌)

   The Buyer and Seller must each verify an identity document (see clause 3);

   (c‌)

   The Seller must verify their bank account (see clause 4)

   (d‌)

   The Buyer may make an offer to purchase the Vehicle (see clause 5)

   (e‌)

   The Seller may accept or reject the Buyer’s offer (see clause 6.8 and 6.9); and

   (f‌)

   The Buyer may release funds to the Seller, and collect the Vehicle (see clause 6.12)

2. Your use of carsales Pay – General terms

   2.1

   (Eligibility requirements) To use carsales Pay, you must be:

   (a‌)

   a natural person (i.e. not a company, trust or other type of legal entity);

   (b‌)

   aged 18 years or over; and

   (c‌)

   transacting in your own capacity, and not on behalf of any other person or entity.

   2.2

   (Usage limits) carsales Pay is intended for use by Sellers and Buyers who are purchasing or selling a Vehicle for private domestic use in Australia. Accordingly:

   (a‌)

   you must only use carsales Pay for private domestic purposes, and not for business or commercial purposes;

   (b‌)

   you must not use carsales Pay more than twice within a twelve-month period (calculated cumulatively when you use carsales Pay either as a Buyer or Seller);

   (c‌)

   you must use an Australian bank account to send or receive funds (as applicable);

   (d‌)

   carsales Pay is only available for selected Vehicles, as identified on carsales.com.au; and

   (e‌)

   without limiting clause 2.2, we reserve the right to otherwise reasonably limit or restrict your use of carsales Pay, including to the extent reasonably necessary to meet our legal obligations.

   2.3

   (No fees charged by carsales) We will not charge you a separate fee to use carsales Pay. However, we make no representations, or provide any warranties, about fees that may be charged by third parties (e.g. fees or charges imposed by your bank).

   2.4

   (Permitted use of carsales Pay) Subject to your compliance with these Terms, you may use carsales Pay for the sole purpose of buying or selling a Vehicle via the carsales Pay platform.

   2.5

   (Prohibited activities) Without limiting clause 2.4, you must not use carsales Pay:

   (a‌)

   for any unlawful purpose, or to further any illegal activity;

   (b‌)

   to engage in fraud, theft, money laundering or illegal gambling;

   (c‌)

   to transmit any information or material which is incorrect, misleading or deceptive;

   (d‌)

   to transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material reasonably deemed by carsales to be inappropriate;

   (e‌)

   to transmit spam or other mass messaging;

   (f‌)

   to post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;

   (g‌)

   to upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user’s computer or damage any system;

   (h‌)

   in a manner that carsales reasonably considers may negatively impact carsales’ reputation; or

   (i‌)

   in an excessive manner, which may hinder or prevent carsales from providing carsales Pay, or other services, to any other person or which may threaten the integrity or use by any person of carsales Pay or other services.

   2.6

   You must not authorise, aid, abet, encourage or incite any person to do any of the acts referred to in clause 2.5.

   2.7

   (Suspension or termination of your access to carsales Pay) We reserve the right to suspend or terminate your access to carsales Pay (or elements of carsales Pay) where:

   (a‌)

   you are using, or have used, carsales Pay for a purpose described in clause 2.5;

   (b‌)

   you are subject to sanctions imposed by a nation state;

   (c‌)

   you are not complying, or have not complied, with the Terms;

   (d‌)

   you may cause us, or our Processors, to breach an applicable law, or commit, aid, abet or procure an unlawful act; or

   (e‌)

   you do not pass our identification or compliance checks to our reasonable satisfaction (such as those required under applicable laws).

   Subject to applicable laws, where we terminate your access to carsales Pay, we will refund any funds currently held in a carsales Pay wallet in accordance with clause 5.4.

3. Verifying your identity document (for both Buyer and Seller)

   3.1

   (Identity verification) We are required by applicable laws to carry out certain identity checks prior to you sending or receiving funds via carsales Pay. You agree that we may verify your identity document(s) in accordance with this clause 3.

   3.2

   (Authorisation to conduct identity verification) By participating in the identity document verification process via carsales Pay, you agree that we may submit identity verification requests (which includes the provision of your personal information) to one or more of the following entities:

   (a‌)

   Equifax Australia Pty Ltd (ABN 76 609 501 180);

   (b‌)

   Experian Australia Credit Services Pty Ltd (ABN 12 150 305 838),

   (c‌)

   IVXS UK Limited (trading as ComplyAdvantage);

   (d‌)

   Commonwealth of Australia, acting and represented by the Department of Home Affairs, which operates the Document Verification Service; and

   (e‌)

   Related Bodies Corporate of the entities listed above, who will use your personal information to perform identity verification services and will otherwise handle your personal information in accordance with their own privacy policies.

   If you do not wish for your personal information to be provided to a credit reporting agency, please contact us prior to using carsales Pay.

   3.3

   (FrankieOne) You acknowledge and agree that we may utilise our identity verification partner Frankie Financial Pty Ltd (ABN 61 623 506 892) (FrankieOne) to assist with the identity verification process, and that FrankieOne, and its Related Bodies Corporate, may directly liaise with the entities listed in clause 3.2 to facilitate the identity verification process, including handling and distributing your personal information to these entities for this purpose.

   3.4

   (Identity document verification requirements) Where you participate in the identity verification process, you represent and warrant that:

   (a‌)

   you are submitting your own details;

   (b‌)

   you are acting in your own capacity, and not on behalf of another person;

   (c‌)

   you are authorised to provide your identification information to us;

   (d‌)

   the information you provide is accurate, correct and up-to-date; and

   (e‌)

   you have read and accept Annexure B - Identification information FAQ.

   Further, you acknowledge and agree that:

   (a‌)

   in order to identify yourself, you will need to provide the type of identity documentation specified by us from time to time, such as an Australian passport or Australian driver’s licence; and

   3.5

   (Purpose for which the information is sought and used) During the identity verification process, we will request personal information from you, including your name, residential address, date of birth and information about your identification documents. You acknowledge and agree that:

   (a‌)

   the personal information you provide to us will be used by us for the purpose of seeking to verify your identity, which may include making an Information Match Request in relation to relevant Official Record Holder Information, and will be handled in accordance with our Privacy Policy;

   (b‌)

   the Information Match Request, the Information Match Result and other Information Match Data, and our access to and use of the Document Verification Service, may involve use of third-party systems and services; and

   (c‌)

   The name you supply may be provided to the counterparty to the carsales Pay transaction.

   Defined terms used in this clause that are not otherwise defined in this document have the meaning given to them in the Document Verification Service Business User Terms and Conditions of Use.

   3.6

   (Additional information) We may request additional information or documentation from you that is reasonably needed to verify your identity document. Where you fail to provide such information or documentation in a timely manner, we may refuse to provide you with access to carsales Pay.

   3.7

   (Credit reporting bodies) You acknowledge and agree that your name, residential address and date of birth may be provided by us to a Credit Reporting Body, for the purpose of the Credit Reporting Body providing an assessment of whether the personal information disclosed matches (in whole or part) personal information held by the Credit Reporting Body, as part of the identification process. You further acknowledge and agree that:

   (a‌)

   we may make a verification request with a Credit Reporting Body in relation to you for the purpose of verifying your identity for use of carsales Pay;

   (b‌)

   we may request that the Credit Reporting Body provide an assessment of whether your name, residential address and date of birth matches (in whole or part) personal information held by the Credit Reporting Body;

   (c‌)

   the Credit Reporting Body may provide to us the assessment described in clause 3.7(b);

   (d‌)

   the Credit Reporting Body may use the name, residential address and date of birth that we provide to it, and personal information held by the Credit Reporting Body, for the purpose of preparing the assessment described in clause 3.7(b); and

   (e‌)

   you agree to us making the request and disclosing the information as foreshadowed in this clause.

   3.8

   (Limitations of identity document verification process) You acknowledge and agree that the identity document verification process is limited in nature and cannot verify that the person is who they say to be. You agree that you will manually check the counterparty’s identity documents prior to funds being released to pay for the Vehicle.

   3.9

   (Failure to verify after commencing use of carsales Pay) carsales Pay (e.g. sending an offer) prior to completing identity document verification, you acknowledge and agree that:

   (a‌)

   you will be required to complete the identity document verification process before being able to add, send or receive funds via carsales Pay; and

   (b‌)

   if you do not or cannot complete the identity document verification process, this may be communicated to the other party (e.g. if you submit an offer but then fail the identity document verification process, the seller may be advised that the offer cannot be accepted because the buyer has not been able to verify their identity document).

4. Bank account verification (Seller only)

   4.1

   (Seller to provide bank account details) As a Seller, you must nominate a bank account for funds from the Sale of the Vehicle to be deposited by us.

   4.2

   (Bank account requirements) Where you nominate a bank account for funds arising from the Sale to be deposited, you represent and warrant that the bank account:

   (a‌)

   is owned by you;

   (b‌)

   is in your name (which is the same name as you provide to us for the purpose of identity verification);

   (c‌)

   details are accurate and up-to-date;

   (d‌)

   is provided to you by an Australian authorised deposit-taking institution; and

   (e‌)

   is compatible with the New Payments Platform (“NPP”).

   4.3

   We may transfer a small amount of funds to your bank account to verify your ownership of the account, and where we do this, you must verify your ownership of the bank account by completing the ‘penny test’ process described during the carsales Pay onboarding process.

5. Adding funds to, and removing funds from, a carsales Pay wallet (Buyer only) As a Buyer, you can choose to add and remove funds from a carsales Pay wallet.

   5.1

   (What is a carsales Pay wallet?) We generate a unique carsales Pay wallet for each Vehicle. Funds stored in a carsales Pay wallet can only be used for the sole purpose of paying the Seller for the Vehicle. Funds stored in a carsales Pay wallet cannot be used for any other purpose, including:

   (a‌)

   to pay any other person;

   (b‌)

   to purchase any other item, including any other vehicle advertised on the carsales Network; or

   (c‌)

   to buy any product or service from us.

   5.2

   (Adding funds to a carsales Pay wallet) You may send funds to a carsales Pay wallet by using one of the transfer methods specified in carsales Pay. You acknowledge and agree that:

   (a‌)

   payment processing times are subject to various factors, and you have read and accept Annexure C - Payment processing times;

   (b‌)

   it is your responsibility to ensure that you transfer the funds to the correct carsales Wallet, by using the relevant payment information specified within carsales Pay (e.g. BSB and account number, PayID address etc);

   (c‌)

   we are unable to recover payments made to the incorrect account

   (d‌)

   the speed of transfer may be subject to factors outside our reasonable control (e.g. your bank’s security procedures, which may impose a delay on the transferring of funds to a new recipient);

   (e‌)

   whilst transfers from an Australian bank account to carsales Pay usually occur within 3 business days, we do not guarantee the speed of any transfer to carsales Pay;

   (f‌)

   any interest earned on the funds stored in a carsales Pay wallet will be retained by us, and you have no entitlement to such interest;

   (g‌)

   in order to substantiate that you have funds available to pay for the Vehicle, we may alert the Seller that you have added funds to your account and the value of those funds;

   (h‌)

   real-time gross settlement (RTGS) fund transfers are not supported by carsales, and any costs incurred by a user in relation to a RTGS transaction will not be refunded by carsales; and

   (i‌)

   international fund transfers via intermediary Australian bank accounts arranged by foreign financial institutions are not supported. Funds must be transferred directly from your Australian bank account;

   (j‌)

   you will only be able to add funds to a carsales Pay wallet once your Offer has been sent.

   (k‌)

   You must not add funds to your carsales Pay wallet using any method that requires carsales to create, hold, or register accounts with third‑party payment or remittance platforms in order to receive your funds. Any attempts to add funds using such methods will not be accepted. carsales is not responsible for any delays, reversals, fees, losses or other consequences arising from your use of such payment methods.

   5.3

   (Methods for adding funds to a carsales Pay wallet) carsales provides multiple options to add funds to a carsales Pay wallet. Where you utilise one of the following payment options specified in this clause, the terms applicable to that payment method described in this clause apply (in addition to the other terms set out in this document):

   (a‌)

   Fast direct debit option (ie Payment via PayTo^®): By opting to use PayTo via carsales Pay, you acknowledge and agree that:

   1. to use PayTo, you must provide your bank account number and BSB, or PayID;
   2. you wish to make a one-off transfer of the amount specified in the carsales Pay interface, from your nominated bank account to the carsales Wallet, immediately upon your acceptance of the payment agreement described in paragraph (iii) below;
   3. you must view and approve the payment agreement via your financial institution’s app/website within the time specified in the carsales Pay interface;
   4. it is your responsibility to ensure that there are sufficient funds available in your bank account;
   5. this payment method is not possible with some bank accounts, and you may need to use an alternative payment method if your bank account is not compatible with PayTo;
   6. you authorise our Processors, and your financial institution, to collect, store and use personal information (amongst other information) in connection with your use of PayTo, including for purposes of constructing payment messages and enabling payments to the carsales wallet; and
   7. PayTo is a registered trademark of NPP Australia Limited.

   5.4

   (Removing funds from a carsales Pay wallet) You may remove funds from a carsales Pay wallet at any time prior to you releasing funds to the Seller. Where you request to remove your funds, you acknowledge and that:

   (a‌)

   we will return the funds to the same account from which the funds were originally;

   (b‌)

   we will not return the funds to a different account nominated by you; and

   (c‌)

   removing funds prior to releasing the funds to the Seller will cancel the purchase process, and terminate the Purchase Agreement.

   5.5

   (Closing a carsales Pay wallet) carsales Pay wallets are intended to store funds for a short period of time until the Seller has sold the Vehicle to the Buyer. We will close the carsales Pay wallet on the earliest of:

   (a‌)

   completion of the Sale; or

   (b‌)

   withdrawal of the funds by the Buyer.

   Any funds in a carsales Pay wallet at the time it is closed will be automatically remitted to the Buyer into the same account from which the funds were added.

   5.6

   (Timing of fund transfers) Transfer of funds from the carsales Wallet to Australian banks that utilise the New Payments Platform are typically instant, however, we do not guarantee the processing time, as it may be affected by factors outside our control.

   5.7

   (Third Party Payment Provider) carsales utilises Monoova Payments Pty Ltd (Monoova) to facilitate payments made with carsales Pay. All payments facilitated by Monoova are cleared and settled by Cuscal Limited ABN 95 087 822 455 (Cuscal) and other interchange parties, pursuant to Cuscal’s sponsorship of Monoova, and Cuscal’s authorised deposit-taking institution (ADI) authorisation. You agree that (a) Monoova and its Related Bodies Corporate may carry out payment-related activities as contemplated by this Agreement on behalf of carsales; (b) we may share your personal information with Monoova for this purpose; and (c) Monoova will handle your personal information in accordance with its own privacy policy.

   5.8

   (Nature of funds) By adding funds to a carsales Pay wallet, you represent and warrant that the funds have not been derived from, or relate to, terrorism, money laundering, or other illegal activities.

6. Selling and buying process using carsales Pay

   6.1

   (carsales Pay payment option) A Seller may opt to enable the carsales Pay payment option for their Listing where the Vehicle meets eligibility criteria for carsales Pay.

   6.2

   (Other payment options) In addition to the carsales Pay payment option, a Seller may opt to accept other methods of payment for their Vehicle. We do not have any visibility or control over payment methods other than carsales Pay (such as payment by cash, bank cheque, direct bank transfer etc.), as such methods are all handled by Buyers and Sellers independently of carsales (Other Payment Method). You acknowledge and agree that, where an Other Payment Method is used:

   (a‌)

   we make no representations or warranties, or provide any guarantees, about Other Payment Methods (including in relation to availability, speed or security); and

   (b‌)

   it is solely the responsibility of the Buyer and Seller to arrange payment via an Other Payment Method, and we are not involved in this process.

   6.3

   (Seller’s Vehicle) Where you are a Seller, you agree that

   (a‌)

   your Listing will comply with the carsales Network Advertising Terms and Conditions;

   (b‌)

   without limiting clause 6.3(a), you agree that the Listing, and any other Vehicle description you provide, is complete, accurate and up-to-date;

   (c‌)

   you have all necessary rights to sell the Vehicle; and

   (d‌)

   the sale of the vehicle to the Buyer will comply with all applicable laws.

   6.4

   (Vehicle condition) We do not warrant that the information disclosed by the Seller to the Buyer is accurate or complete. Without limiting the foregoing, you acknowledge and agree that:

   (a‌)

   we have not verified the accuracy or completeness of the Vehicle; and

   (b‌)

   it is the Buyer’s responsibility to undertake appropriate due diligence prior to entering into an agreement with the Seller to purchase the Vehicle.

   6.5

   (Buyer may make an Offer to purchase the Vehicle) Where you are a Buyer, you may offer to purchase the Vehicle and pay for the vehicle using carsales Pay interface. Where you make an offer you agree that:

   (a‌)

   your offer is to purchase the Vehicle for the price, as specified in the offer you make via carsales Pay (Offer Price); and

   (b‌)

   subject to the Buyer’s acceptance of your Offer, you agree to by legally bound by the terms of the Purchase Agreement (See Annexure A).

   6.6

   (Offer expiry) As a Buyer, you agree that your Offer will be open for acceptance by the Seller until the earliest of:

   (a‌)

   you withdrawing the offer via the carsales Pay portal;

   (b‌)

   14 days elapsing after making the Offer (until midnight AEST/AEDT on the 14th day);

   (c‌)

   the Seller removing the Vehicle from sale via carsales Pay or selling the Vehicle to a third party; or

   (d‌)

   the seller rejecting the Offer (as described in clause 6.8), upon which the Offer will be deemed to have expired and no longer have any effect.

   6.7

   (Offer expiry after Seller acceptance) If the Seller has accepted the Offer (as described in clause 6.9), the Buyer must release the funds to the Seller (as described in clause 6.12) within 21 days from the date of the Seller’s acceptance (until midnight AEST/AEDT on the 21st day). If you do not initiate a transfer within this timeframe, the Offer will be deemed to have expired and no longer have any effect.

   6.8

   (Offer may be rejected by the Seller) The Seller may reject an Offer made by the Buyer. Where the Seller rejects an Offer, a reason may be specified by the Seller via carsales Pay, and this reason may be provided to the Buyer.

   6.9

   (Offer may be accepted by the Seller) As a Seller, you may accept the Offer of a Buyer. Where you do so, you accept and intend to be legally bound by the Purchase Agreement (see Annexure A).

   6.10

   (Government charges) In addition to payment of the Offer Price by the Buyer, the Buyer may also be required to pay additional government charges as part of the Sale process, such as motor vehicle duty. It is the responsibility of the Buyer to determine what additional fees are payable, and to pay those fees directly to the relevant government entity.

   6.11

   (Deposits) In this clause, a Deposit refers to a payment of funds by a Buyer to a Seller that is a partial contribution towards the total sale price of the Vehicle. Deposits may be made either through carsales Pay (after an Offer is accepted) or outside of carsales Pay (e.g. in cash). You acknowledge and agree that:

   (a‌)

   a Buyer may include a Deposit amount when making an Offer. If the Offer is accepted, the Buyer will have the option to transfer the Deposit amount into the carsales Pay wallet. The Buyer cannot transfer the Deposit amount into the carsales Pay wallet if the Seller has not accepted the Offer;

   (b‌)

   a Buyer may also reduce the Offer Price to reflect a Deposit that has already been paid by the Buyer to the Seller outside of carsales Pay;

   (c‌)

   Deposits transferred into the carsales Pay wallet are held in the same carsales Pay wallet as the balance of the payment, but are displayed separately. The carsales Pay wallet will automatically calculate the outstanding Offer Price to reflect any Deposit amount received;

   (d‌)

   Deposits transferred into the carsales Pay wallet are not paid to the Seller until the Buyer releases the total funds to the seller in accordance with 6.12;

   (e‌)

   Transferring a deposit into the carsales Pay wallet does not constitute reservation of the listed vehicle, nor does it create any binding agreement between the buyer and the seller. Deposits paid via carsales Pay can be withdrawn at any time before the Buyer releases the outstanding funds to the Seller (as explained in clause 6.12);

   (f‌)

   Deposits paid outside of carsales Pay are handled independently of carsales by the Buyer and Seller, and we are not involved in, nor responsible for, this process;

   (g‌)

   carsales makes no representations or warranties about Deposits paid outside carsales Pay, including about the security or enforceability of such arrangements;

   (h‌)

   where the Offer Price has been reduced due to the pre-payment of a Deposit outside of carsales Pay, it is the Seller’s responsibility to check and verify that the deposit amount specified by the Buyer has already been received by the Seller;

   (i‌)

   the terms of the Deposit paid outside of carsales Pay (e.g. the circumstances in which deposit may be refundable), are purely a matter for the Buyer and Seller, and carsales makes no representations or warranties in this regard; and

   (j‌)

   any disputes relating to Deposits paid outside carsales Pay are purely a matter between the Buyer and Seller, and we will not be involved in resolving such disputes.

   6.12

   (Releasing funds to the Seller) In order to receive funds from the Buyer, the Buyer must initiate a transfer, and the Seller must accept the funds transfer to finalise the Sale. You acknowledge and agree that it is important for the Buyer to undertake their own due diligence relating to the Sale and the Vehicle prior to releasing funds to the Seller, such as:

   (a‌)

   physically inspecting the vehicle to confirm it matches the Seller’s description;

   (b‌)

   obtaining an independent vehicle inspection to assess the condition and features of the Vehicle;

   (c‌)

   test driving the Vehicle;

   (d‌)

   confirming the identity of the Seller (eg by asking for a copy of the Seller’s identity documentation);

   (e‌)

   checking the Vehicle has a clear title (such as by performing a PPSR check);

   (f‌)

   obtaining motor vehicle insurance that takes effect from the time the Buyer purchases the Vehicle from the Seller; and

   (g‌)

   Being physically located with the Vehicle and Seller at the time of releasing the funds via carsales Pay to complete the Sale.

   6.13

   (Receiving funds from the Buyer) Where you receive funds via carsales Pay, you represent and warrant that the proceeds of the Sale will not be used for any illegal activity.

7. Purchase agreement

   7.1

   (Ability to terminate the Purchase Agreement) You acknowledge and agree that either the Buyer or Seller may terminate the Purchase Agreement for convenience at any time prior to completion of the Sale.

   7.2

   (Purchase Agreement arrangements) You acknowledge and agree that:

   (a‌)

   the Purchase Agreement is an agreement between the Buyer and Seller;

   (b‌)

   we are not a party to the Purchase Agreement;

   (c‌)

   the Buyer and Seller are free to vary, remove or incorporate additional terms for the Purchase Agreement (e.g. as separately agreed in writing between the Buyer and Seller). This is purely a matter for the Buyer/Seller and we are not involved in this process;

   (d‌)

   enforcement of the Purchase Agreement is purely a matter for the Buyer and Seller, and we are not involved or responsible for such enforcement or disputes;

   (e‌)

   we provide the Purchase Agreement terms as a general indicative guide only, not as legal advice;

   (f‌)

   we do not represent or warrant that the Purchase Agreement is accurate, complete or suitable for your needs, or has been executed by the counterparty in a legally enforceable manner;

   (g‌)

   you should consider seeking legal advice about the adequacy of the Purchase Agreement;

   (h‌)

   you should consider seeking financial advice about the financial implications of the Purchase Agreement; and

   (i‌)

   to the extent permitted by law, we expressly disclaim all liability in relation to your use of the Purchase Agreement.

   7.3

   (Subsequent steps required) Following the Sale, you acknowledge and agree that further steps are required to complete the Vehicle sale process, such as completion of transfer of ownership forms required by the applicable state or territory regulator. You agree to take all further steps that are reasonably necessary to complete the Sale.

8. Our liability to you is limited

   8.1

   (Non-excludable rights) Nothing in these Terms excludes, restricts or modifies any right or remedy conferred on you by an applicable statute (eg the Australian Consumer Law) that cannot be excluded, restricted or modified.

   8.2

   (Exclusion of warranties) Subject to clause 8.1, all implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, these Terms are excluded.

   8.3

   (Exclusion of liability for types of loss) Subject to clause 8.1, carsales is not liable for any indirect, special or consequential loss, loss of profits, loss of anticipated savings, loss of use, loss of reputation, loss of opportunity, loss of data or business interruption suffered or incurred by you in connection with these Terms or your use of carsales Pay.

   8.4

   (Our liability to you) Subject to clause 8.1 and to the extent permitted by law, our maximum cumulative liability for all loss, damage, liability and expense suffered or incurred by you in connection with these Terms or your use of carsales Pay, whether under contract, statute, in tort (including negligence) or otherwise, is limited to the greater of: (i) $1000; and (ii) where you are a Seller, 4 times the fees you paid us for the Listing.

9. You are responsible for your use of carsales Pay

   9.1

   In this clause 9, Indemnified Entity means us and our Related Bodies Corporate, our Processors and their Related Bodies Corporate, and the officers, representatives, employees and agents of each of the foregoing entities.

   9.2

   You indemnify each Indemnified Entity, against any liability, loss, claim or demand if an Indemnified Entity suffers any loss or damage, or incurs any cost, in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms, including a breach of warranty, except to the extent such loss or damage is caused by the acts or omissions or an Indemnified Entity.

   9.3

   Your maximum liability arising under clause 9.2 shall not exceed $10 million.

10. Privacy

    10.1

    (Providing Personal Information) In order to access and use carsales Pay, you will be be required to provide certain personal information to us (such as your contact details and identification details).

    10.2

    (How we handle your Personal Information) We will handle any personal information we collect about you in accordance with these Terms and our Privacy Policy.

11. Our support services

    11.1

    (Support) Support for carsales Pay is available between 9am and 5pm AEST/AEDT, Monday to Friday, by contacting us.

    11.2

    (What we support) We provide support and guidance about use of carsales Pay, including payment processing issues.

    11.3

    (What we do not support) We do not provide support about:

    (a‌)

    disputes between the Buyer and Seller regarding the Vehicle or the Sale (which is solely a matter between the Buyer and Seller), including the terms of the Purchase Agreement; or

    (b‌)

    Other Payment Methods.

12. Updates to terms

    12.1

    We may update these Terms from time to time by updating this website. Any updated Terms will apply in relation to any new Listings where the Seller enables carsales Pay as a payment option after the date on which the changes are made. To avoid doubt, changes to the Terms do not affect any carsales Pay transactions that occurred prior to the date of such changes.

    12.2

    We may discontinue or modify any aspect of carsales Pay or the carsales Network, in which case we will use reasonable endeavours to provide you with prior notice and finalise any existing transactions on the current Terms.

13. Definitions

    Buyer

    means a person who buys, or takes steps to buy, a Vehicle using carsales Pay.

    Listing

    mean the Seller’s carsales Network listing for the Vehicle, where the Seller has enabled an option to pay for the Vehicle using carsales Pay.

    Credit Reporting Body

    has the meaning given to it in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and includes without limitation Experian Australia Credit Services Pty Ltd (ABN 12 150 305 838), and Equifax Australia Pty Ltd (ABN 76 609 501 180).

    Offer

    means an offer of the Buyer to purchase the Vehicle from the Seller, on the terms described in clause 6.5.

    Processors

    mean third party entities utilised by us to provide carsales Pay, and include FrankieOne (as defined in clause 3.3) and Monoova.

    Purchase agreement

    means an agreement between the Buyer and Seller as set out in Annexure A and described in these Terms.

    Related Bodies Corporate

    has the meaning given to the term in the Corporations Act 2001 (Cth).

    Sale

    means the sale of the Vehicle by the Seller to the Buyer, involving the release of funds equal to the Offer Price by the Buyer to the Seller via carsales Pay.

    Seller

    means a person who sells, or takes step to sell, a Vehicle using carsales Pay.

    Vehicle

    means a specific vehicle (identifiable by its Vehicle Identification Number) specified in a Listing.

    Defined terms that are not otherwise defined in these Terms have the meaning given to them in the terms and conditions available at https://www.carsales.com.au/info/terms-conditions.

14. General

    14.1

    (Additional terms) These Terms incorporate the following additional terms, which you accept:

    (a‌)

    Where you are a Seller, the carsales Network Advertising Terms and Conditions; and

    (b‌)

    for all users, the carsales Network Terms and Conditions of Use.

    To the extent of inconsistency between the terms in this document and the terms described in paragraphs (a) and (b), the terms in this document prevail.

    14.2

    (Survival) On termination or expiry of these Terms any provisions of the Terms which by their nature survive termination or expiry, continue in full force and effect.

    14.3

    (Compliance with laws and legal obligations) Nothing in these Terms and Conditions shall be construed to prevent carsales from taking any action it considers necessary to comply with applicable laws, regulations, or legal obligations.

    14.4

    (Governing law and jurisdiction) These Terms are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.

    14.5

    (Entire understanding) These Terms, including any additional terms and documents referenced in this document, contain the entire understanding between the parties as to the subject matter of this document. All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect.

    14.6

    (Severability) If any part of these Terms is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these Terms will remain in full force and effect.

    14.7

    (Waiver) A single or partial exercise or waiver by carsales of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.

v4 (September 2025)