TERMS AND CONDITIONS

Effective Date: 15 January 2026

Welcome to www.carface.com.au ("Carface", "we," "our," or "us"). By accessing or using our website, mobile application, or any services we offer (collectively, the "Services"), you ("you," "your," or "User") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Services.

IMPORTANT: PLATFORM NATURE AND LIMITATIONS

Carface is an online marketplace platform that connects vehicle buyers and sellers. We are NOT a motor vehicle dealer, and we do NOT own, sell, inspect, or guarantee any vehicles listed on our platform. We are NOT a party to any transaction between buyers and sellers. All vehicle sales transactions are conducted directly between buyers and sellers (whether private sellers or licensed motor vehicle dealers).

We operate solely as a platform operator and marketplace facilitator, providing technology infrastructure and services to enable buyers and sellers to connect and communicate. We charge platform fees for our services but do NOT receive any portion of vehicle sale proceeds.

1. Acceptance of Terms

By using the Services, you agree to these Terms and all applicable laws and regulations. If you do not agree with these Terms, you may not use the Services.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you confirm that you are 18 years or older and have the legal capacity to enter into these Terms.

3. Registration and Account

• Account Creation: To access certain features, you need to create an account. You agree to provide accurate, current, and complete information during registration.
• Account Security: You are responsible for maintaining the confidentiality of your account login details. Notify us immediately if you suspect unauthorized use.
• Account Responsibility: You are responsible for all activities under your account.

4. Use of the Services

• Buyers: You can search for, inquire about, and negotiate vehicle purchases. However, all transactions are between you and the seller directly. Carface is NOT responsible for the condition, authenticity, legality, or quality of vehicles listed.
• Sellers: You can list vehicles for sale, provide descriptions, and interact with potential buyers. Sellers may be private individuals or licensed motor vehicle dealers. You are solely responsible for the accuracy of your listing and compliance with all applicable laws.
• Platform Role: Carface provides the technology platform, communication tools, and listing services only. We do NOT verify vehicle condition, ownership, or legal compliance. We do NOT inspect vehicles. We do NOT guarantee any transaction.
• Lawful Use: Use the Services only for lawful purposes. Do not engage in fraudulent, deceptive, or misleading activities.

5. Listing and Selling Vehicles

• Accuracy: Sellers must provide truthful and complete details about vehicles listed for sale. Sellers are solely responsible for the accuracy of all information provided, including vehicle condition, history, specifications, and pricing.
• Seller Types: Sellers on our platform may be either (a) private individuals selling their personal vehicles, or (b) licensed motor vehicle dealers. Carface does NOT operate as a dealer and does NOT sell vehicles.
• Verification: We do NOT verify the accuracy of listings, vehicle condition, vehicle history, ownership, or legal compliance. We do NOT inspect vehicles. We are NOT responsible for any misrepresentations, defects, or issues with vehicles listed on the platform.
• Removal: We reserve the right to remove or suspend listings that violate these Terms or applicable laws.
• Platform Modification Rights: Carface reserves the right to edit, modify, enhance, or update any vehicle listing, advertisement, or associated content (including descriptions, specifications, pricing, and photos) at any time without prior notice. This includes but is not limited to: (a) adding, removing, or replacing photos to ensure listing quality and accuracy; (b) correcting errors, inconsistencies, or missing information; (c) updating vehicle details to match verified information; (d) enhancing listing presentation for improved customer experience; (e) automatically updating ads through system processes to maintain quality standards. By submitting a vehicle listing, you expressly consent to such modifications and acknowledge that Carface may make changes to ensure listings meet our quality standards, comply with our policies, and accurately represent vehicles to potential buyers. Carface is not liable for any modifications made in good faith to improve listing quality, accuracy, or compliance. We will make reasonable efforts to maintain the integrity of your original listing information while ensuring quality standards are met.
• Buyer Due Diligence: Buyers are responsible for conducting their own inspections, obtaining vehicle history reports, verifying ownership, and ensuring legal compliance before purchasing any vehicle. Carface strongly recommends professional inspections for all vehicles.

6. Payment and Fees

6.1 Seller Listing Packages

Carface offers three (3) listing packages for sellers to advertise vehicles on the platform:

• Free Package: Basic listing with limited features, photos, and visibility. This package is provided at no cost to the seller.
• Sale Package: Enhanced listing with additional features, more photos, increased visibility, and premium placement. This package requires payment of the advertised fee.
• Premium Package: Premium listing with maximum features, unlimited photos, highest visibility, featured badge, analytics, and priority placement. This package requires payment of the advertised premium fee.

Package details, features, and pricing are displayed at the time of package selection during the listing process. Package features and pricing are subject to change at our discretion.

6.2 Platform Fees - NOT Vehicle Purchase Prices

IMPORTANT CLARIFICATION: All fees charged by Carface are platform service fees (listing fees, subscription fees, enhanced visibility fees, etc.) paid by sellers to advertise vehicles on our platform. These fees are NOT payment for vehicle purchases. Vehicle purchase payments are made directly between buyers and sellers outside of the Carface platform.

• Platform Fees: We charge fees for listing vehicles, promoting listings, premium services, enhanced visibility, and featured placement. These fees are clearly disclosed at the time of selection and purchase.
• Vehicle Transaction Payments: Payments for vehicle purchases are processed directly between buyers and sellers. Carface does NOT process vehicle sale payments. Carface does NOT hold funds in escrow. Carface does NOT facilitate vehicle purchase transactions. Buyers and sellers must arrange secure payment processes independently.
• Payment Processing: Platform fees (for listing packages and services) are processed through our third-party payment processor (Stripe). By purchasing a package or service, you agree to the payment processor's terms and conditions.

6.3 NON-REFUNDABLE POLICY - ALL PACKAGES

CRITICALLY IMPORTANT: ALL CARFACE PACKAGES AND SERVICES ARE COMPLETELY NON-REFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES.

• No Refunds: Once you purchase any listing package (Free, Sale, or Premium), the purchase is final and NON-REFUNDABLE. This policy applies regardless of whether:
• You change your mind about selling your vehicle
• You sell your vehicle quickly or slowly
• You do not receive the inquiries or results you expected
• You experience technical difficulties or user error
• You select the wrong package by mistake
• You decide not to complete your listing
• The vehicle is sold through another channel
• You are dissatisfied with the service or results
• You violate these Terms and your listing is removed
• No Cancellations: You may not cancel a package purchase after payment is processed. Package purchases are immediately activated upon payment.
• No Exchanges: Packages cannot be exchanged for different packages or transferred to other vehicles or users.
• Acknowledgment Required: By selecting and purchasing any package, you explicitly acknowledge and agree that the purchase is final and non-refundable. You should carefully review package features and pricing before purchase.
• Australian Consumer Law Exception: This non-refund policy is subject to your rights under the Australian Consumer Law (ACL). If our services fail to meet a consumer guarantee under the ACL, you may be entitled to a remedy as provided by law.

6.4 Package Duration and Expiration

Each package has a specified duration (e.g., 30 days, 60 days, 90 days) as displayed at the time of purchase. After the package duration expires, your listing may be automatically downgraded or removed. You may purchase a renewal or upgrade package at any time, subject to the non-refundable policy.

7. Prohibited Activities

You agree not to:

• Post unlawful, offensive, harmful, fraudulent, deceptive, or misleading content
• List vehicles that are not for legitimate sale or are not related to car sales
• Provide false, inaccurate, or misleading information about vehicles, pricing, or specifications
• Post content that violates Australian Consumer Law (ACL), motor vehicle regulations, or other applicable laws
• Create suspicious listings or engage in activities that appear fraudulent or deceptive
• Impersonate or misrepresent your identity, credentials, or affiliation
• Engage in spamming, phishing, distribute harmful software, or abuse platform features
• Violate intellectual property rights or post content you do not have rights to use
• Harass, threaten, or abuse other users
• Attempt to manipulate search results, ratings, or platform algorithms
• Use the platform for any purpose other than legitimate vehicle sales and purchases

7.1 Platform Enforcement Rights

Carface reserves the absolute right to take immediate enforcement action without prior notice if we determine, in our sole discretion, that a listing, user, or activity violates these Terms, applicable laws, or platform policies, or is suspicious, harmful, or inappropriate.

Our enforcement actions may include, but are not limited to:

• Ad Deactivation: Temporarily or permanently deactivating vehicle listings that violate policies or appear suspicious
• Ad Removal/Deletion: Immediately removing or deleting listings that contain false information, violate laws, are not related to legitimate car sales, or fail to meet Australian Consumer Law compliance requirements
• Account Suspension: Temporarily suspending user accounts pending investigation of suspicious activity, policy violations, or legal compliance issues
• Account Termination: Permanently terminating accounts and banning users who engage in fraudulent activities, repeatedly violate policies, provide false information, or pose risks to the platform or other users
• Content Removal: Removing photos, descriptions, or other content that violates policies, contains misleading information, or is inappropriate
• Feature Restrictions: Limiting access to certain platform features for users who misuse them
• Legal Reporting: Reporting violations to law enforcement or regulatory authorities when activities appear illegal or fraudulent

You acknowledge and agree that:

• We may take enforcement action immediately without warning or prior notice
• We are not required to provide specific reasons for enforcement actions
• Enforcement decisions are final and at our sole discretion
• No refunds are provided for suspended or terminated accounts (subject to Australian Consumer Law)
• We are not liable for any losses resulting from enforcement actions taken in good faith
• You remain responsible for compliance with all laws regardless of platform actions

8. Intellectual Property

All content on our platform is owned by us or our licensors and protected by intellectual property laws. Do not copy or reproduce without permission.

9. Privacy and Data Collection

Your use of the Services is governed by our [Privacy Policy](insert link to Privacy Policy). By using the Services, you consent to the collection and use of your personal data as outlined.

9A. Call Recording and Communication Tracking

Important Notice: When you contact dealers through our platform using any communication method, we record, track, and share your communications and personal information with the dealer. By using any contact feature (phone calls, SMS, or message forms), you expressly consent to the following:

a. What We Record and Track:

• Phone Calls: All phone calls between you and dealers made through our platform are recorded in their entirety using dual-channel recording technology. Calls are recorded from the moment the call connects until it ends.
• Call Transcripts: All recorded calls are automatically transcribed using artificial intelligence (AI) technology provided by OpenAI. These transcripts capture the content of your conversation with the dealer.
• SMS Messages: All text messages (SMS) you send to dealer proxy phone numbers are captured and stored.
• Contact Forms: All messages you submit through website contact forms are stored, including message content, your name, phone number, and email address.
• Interaction Metadata: We record the date, time, duration, vehicle of interest, and other technical details about each communication.

b. What We Share With Dealers:

• Your Contact Information: Your phone number, name, and email address are shared with the specific dealer you contact.
• Call Recordings: Complete audio recordings of your phone conversations are provided to the dealer you contacted.
• Call Transcripts: AI-generated transcripts of your conversations are provided to the dealer.
• Message Content: The content of your SMS messages and contact form submissions are forwarded to the dealer.
• Vehicle Interest: The specific vehicle you are inquiring about is shared with the dealer.

c. Purpose of Recording and Sharing:

• To facilitate your vehicle inquiry and enable the dealer to respond effectively to your interest.
• To provide dealers with complete communication history to improve customer service.
• For quality assurance and training purposes.
• For dispute resolution between buyers and dealers.
• To verify legitimate business inquiries and prevent fraudulent activity.
• To comply with legal and regulatory requirements.
• To track leads and bill dealers for qualified customer inquiries.

d. Your Consent:

By initiating contact with a dealer through our platform using any method (clicking "Call" button, sending SMS to our proxy numbers, or submitting contact forms), you explicitly consent to:

• Recording and transcription of all your communications.
• Sharing your contact details (name, phone number, email) with the specific dealer you are contacting.
• Providing the dealer with recordings, transcripts, and message content of your communications.
• Storage and processing of this information for the purposes stated above.
• Use of third-party services (Twilio for call handling, OpenAI for transcription) to process your communications.

If you do not consent to recording and sharing of your communications, please do not proceed with contacting dealers through our platform. You may contact dealers directly using publicly available contact information if you prefer not to have your communications recorded.

e. Your Rights Regarding Recorded Communications:

• Access: You may request access to recordings, transcripts, and messages related to your communications. Contact us at privacy@carface.com.au.
• Correction: You may request correction of any inaccurate information captured in your communications.
• Deletion: You may request deletion of your communication records, subject to our legal retention obligations and business requirements. We may need to retain certain records for dispute resolution or legal compliance.
• Complaints: If you have concerns about how your communications are handled, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

f. Data Retention Period:

• Call Recordings: Retained for 24 months from the date of the call.
• Transcripts: Retained for 24 months from the date of the call.
• Contact Information: Retained until you request deletion or the dealer relationship ends, whichever comes later.
• Message Content: Retained for 12 months or until deletion is requested.
• We may retain information longer if required by law or for legitimate business purposes such as ongoing disputes or investigations.

g. Security Measures:

• All recordings are stored securely with encryption.
• Access to recordings and transcripts is restricted to authorized personnel and the specific dealer you contacted.
• Dealers are contractually bound by confidentiality obligations regarding your information.
• We implement industry-standard security measures to protect your communications from unauthorized access.

h. Third-Party Service Providers:

We use the following third-party providers to handle your communications:

• Twilio: Provides call handling, recording, and SMS services. Your communications pass through Twilio's infrastructure.
• OpenAI: Provides AI-powered transcription services. Audio recordings are sent to OpenAI for conversion to text.

These providers are bound by data protection agreements and process your information only as necessary to provide services on our behalf. They do not use your information for their own purposes.

i. Australian Privacy Law Compliance:

This communication recording and sharing practice complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), specifically:

• APP 3 (Collection): We notify you at the time of collection about recording and sharing.
• APP 5 (Notification): This disclosure provides comprehensive information about what we collect and how we use it.
• APP 6 (Use and Disclosure): Your communications are used only for the stated purposes and shared only with the dealer you contacted.

For more detailed information about how we handle your personal information, please refer to our Privacy Policy.

10. Disclaimers

10.1 Platform Role - NOT a Dealer or Transaction Party

CARFACE IS SOLELY A TECHNOLOGY PLATFORM AND MARKETPLACE OPERATOR. WE ARE NOT:

• A motor vehicle dealer or automotive retailer
• An agent, broker, or representative of any buyer or seller
• A party to any vehicle sale transaction
• Responsible for vehicle condition, authenticity, or legality
• Responsible for seller representations or warranties
• A vehicle inspector, appraiser, or certifier
• A payment processor or escrow service for vehicle transactions
• Liable for any actions, omissions, or conduct of buyers or sellers

10.2 No Verification or Inspection

WE DO NOT:

• Verify, inspect, or authenticate any vehicles listed on the platform
• Verify vehicle ownership, title, or registration
• Verify vehicle history, accident history, or repair history
• Verify the accuracy of vehicle descriptions, specifications, or pricing
• Verify seller identities, licenses, or credentials (beyond basic account registration)
• Verify buyer identities or financial capability
• Check for liens, encumbrances, stolen vehicles, or written-off vehicles
• Guarantee the safety, roadworthiness, or compliance of any vehicle

10.3 No Responsibility for Seller/Buyer Interactions

CARFACE IS NOT RESPONSIBLE FOR:

• Any interactions, communications, negotiations, or disputes between buyers and sellers
• The conduct, safety, or actions of any buyer or seller
• Meeting arrangements, test drives, or vehicle inspections conducted between parties
• Payment disputes, fraud, or non-payment between buyers and sellers
• Delivery or transportation of vehicles
• Title transfer, registration, or legal documentation
• Warranty claims, defects, or mechanical issues discovered after purchase
• Misrepresentations, fraud, theft, or illegal activities by users

10.4 No Warranties

• Platform "As Is": The platform is provided "as is" and "as available" without warranties of any kind, whether express or implied.
• No Accuracy Guarantee: We do not guarantee the accuracy, reliability, completeness, or timeliness of any vehicle listings, user content, or platform information.
• Security: We do not guarantee the platform will be free from errors, viruses, malware, or security vulnerabilities. We do not guarantee uninterrupted access to the platform.
• Results Not Guaranteed: We do not guarantee that sellers will sell vehicles or that buyers will find suitable vehicles. Package purchases do not guarantee any specific results, inquiries, or outcomes.

10.5 Fraud and Theft Disclaimer

CARFACE IS NOT RESPONSIBLE FOR ANY FRAUD, THEFT, SCAMS, OR ILLEGAL ACTIVITIES INVOLVING VEHICLES, PAYMENTS, OR USER INTERACTIONS:

• We implement reasonable security measures and listing moderation, but we cannot prevent all fraudulent or illegal activity
• Users are responsible for conducting their own due diligence, background checks, and verification
• We are not liable for stolen vehicles, fraudulent listings, fake documents, or payment scams
• We are not liable for identity theft, data breaches caused by user negligence, or phishing attempts
• Users should report suspicious activity to appropriate law enforcement authorities
• We cooperate with law enforcement investigations but are not responsible for investigating or resolving fraud claims

10.6 Vehicle Quality and Condition Disclaimer

CARFACE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:

• Vehicle condition, quality, safety, or roadworthiness
• Vehicle defects, mechanical issues, or accident damage (disclosed or undisclosed)
• Vehicle compliance with Australian Design Rules (ADRs) or safety standards
• Odometer accuracy or tampering
• Vehicle history, including previous accidents, floods, hail damage, or repairs
• Title clarity, liens, or encumbrances
• Stolen vehicle status or written-off (repairable write-off or statutory write-off) status

Buyers are strongly advised to:

• Conduct professional pre-purchase inspections
• Obtain vehicle history reports (PPSR, NEVDIS, Carfax, etc.)
• Verify ownership and check for liens
• Test drive vehicles thoroughly
• Review all documentation carefully
• Seek legal advice if necessary

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

• No Liability for Vehicle Transactions: Carface is NOT liable for any losses, damages, injuries, deaths, or disputes arising from vehicle transactions, including but not limited to vehicle defects, misrepresentations, fraud, theft, accidents, mechanical failures, or title issues.
• No Liability for User Conduct: We are NOT liable for the actions, omissions, negligence, fraud, or illegal conduct of any buyer, seller, dealer, or other platform user.
• No Liability for Payment Disputes: We are NOT liable for payment fraud, non-payment, chargebacks, or financial disputes between buyers and sellers.
• No Liability for Third-Party Services: We are NOT liable for services provided by third parties (payment processors, shipping companies, inspection services, etc.).
• No Liability for Fraud or Theft: We are NOT liable for fraud, theft, scams, identity theft, or security breaches caused by user negligence or third-party actors.
• Limited to Platform Fees: Our total liability to you for any claim related to the platform or services SHALL NOT EXCEED the total platform fees you paid to Carface in the 12 months preceding the claim (excluding vehicle purchase prices paid to sellers).
• No Indirect Damages: We are NOT liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or reputational harm.
• Platform Availability: We are NOT liable for service interruptions, downtime, technical errors, or data loss.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot be lawfully excluded. If the ACL applies and we breach a consumer guarantee, our liability is limited to (at our option): resupplying the services, or paying the cost of resupplying the services.

11.1 Public Contact Information Disclosure and User Responsibility

IMPORTANT NOTICE: When you choose to publicly display your contact information on our platform (including phone numbers, email addresses, or other contact details), you are voluntarily exposing this information to the public internet and all platform users. This applies to:

• Premium and Seller Package Listings: Private sellers who select premium packages or seller packages that include public phone number display
• Display Phone Publicly Option: Users who enable the "display phone publicly" setting on their vehicle listings
• Additional Comments Fields: Users who include phone numbers, email addresses, or other contact information in vehicle descriptions, additional comments, or any other text fields
• Dealer Listings: Dealers whose contact information appears on their vehicle listings or dealer profiles

BY PUBLICLY DISPLAYING YOUR CONTACT INFORMATION, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS:

• Spam and Unsolicited Contact: Your publicly displayed contact information may be harvested by third parties and used for spam calls, text messages, emails, or other unsolicited marketing communications.
• Scams and Fraud: You may be contacted by scammers, fraudsters, or malicious actors attempting to defraud you, obtain personal information, or engage in illegal activities.
• Phishing and Identity Theft: Your contact information may be used in phishing attempts, identity theft schemes, or other security threats.
• Harassment and Unwanted Contact: You may receive unwanted, inappropriate, or harassing communications from any member of the public.
• No Screening of Contacts: Carface does NOT screen, verify, or control who contacts you when your information is publicly displayed. Anyone with internet access can view and use your publicly displayed contact information.

CARFACE'S LIMITED RESPONSIBILITY:

• No Liability for Public Information: Carface is NOT responsible or liable for any consequences, damages, losses, or harm resulting from your decision to publicly display contact information on the platform.
• No Control Over Third Parties: We do NOT control how third parties use your publicly displayed information once it is published on the internet.
• No Protection from Scams: We are NOT liable for any scams, fraud, theft, financial loss, or criminal activity resulting from contacts made through publicly displayed information.
• No Duty to Monitor: We have NO duty to monitor all communications made using publicly displayed contact information.
• User's Sole Responsibility: You are SOLELY responsible for protecting yourself from scams, fraud, and unwanted contact when dealing with any person who contacts you through publicly displayed information.

YOUR RESPONSIBILITIES WHEN PUBLICLY DISPLAYING CONTACT INFORMATION:

• Exercise Caution: Exercise extreme caution when dealing with any person who contacts you using your publicly displayed information.
• Verify Identities: Independently verify the identity and legitimacy of anyone claiming to be interested in your vehicle or services.
• Protect Personal Information: Never provide additional personal information (bank details, passwords, ID documents, etc.) to unverified contacts.
• Report Suspicious Activity: Report any suspected scams, fraud, or illegal activity to appropriate law enforcement authorities.
• Use Platform Messaging When Available: When possible, use Carface's platform messaging system which provides better tracking and security compared to direct phone contact.
• Remove Information if Necessary: You may edit your listings to remove publicly displayed contact information at any time if you experience unwanted contact or security concerns.

ALTERNATIVE: PLATFORM-MEDIATED CONTACT: For enhanced security and tracking, Carface provides platform messaging systems that allow buyers and sellers to communicate without publicly exposing phone numbers or email addresses. We strongly recommend using these platform-mediated communication tools whenever possible to reduce exposure to spam, scams, and fraud.

DEALERS: Licensed motor vehicle dealers who publicly display contact information accept the same risks and responsibilities outlined above. Dealers are advised to implement appropriate business security measures and staff training to identify and prevent fraud attempts.

12. Indemnification

You agree to indemnify us against claims arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

13. Termination and Suspension

We may suspend or terminate your access for violating these Terms, engaging in unlawful conduct, or non-compliance with payment terms.

14. Amendments and Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time. When we make changes:

• We will update the "Effective Date" at the top of these Terms
• We will provide notice of material changes via email (to your registered email address) and/or through a prominent notice on the platform
• For material changes, we will provide at least 14 days' notice before the changes take effect
• Your continued use of the Services after changes take effect constitutes your acceptance of the modified Terms
• If you do not agree to the modified Terms, you must stop using the Services and may close your account

We encourage you to review these Terms periodically for any updates.

15. Australian Consumer Law and Unfair Contract Terms

15.1 Consumer Guarantees

IMPORTANT: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) that cannot be lawfully excluded.

Under the Australian Consumer Law, you have certain guaranteed consumer rights that cannot be excluded, including:

• Services must be provided with due care and skill
• Services must be fit for the purpose disclosed
• Services must be provided within a reasonable time
• Our services and goods come with guarantees that cannot be excluded

Remedies for Major Failures: If there is a major failure with our services, you are entitled to:

• Cancel your service contract with us and obtain a refund for the unused portion; and/or
• Compensation for any reasonably foreseeable loss or damage

Remedies for Non-Major Failures: If the failure does not amount to a major failure, you are entitled to have problems with the services rectified within a reasonable time. If this is not done, you may:

• Cancel your contract; and
• Obtain a refund for the unused portion of the contract

15.2 Unfair Contract Terms

Under the Australian Consumer Law, a term of a consumer contract may be declared void by a court if it is found to be unfair. We have drafted these Terms in good faith and believe all terms are fair and reasonable. However, if any term is found to be unfair and is declared void, that term will be removed while the remainder of these Terms will continue to apply.

15.3 Limitation of Liability for Platform Services

Where our liability cannot be excluded by law, our liability is limited to (at our option):

• Resupplying the platform services; or
• Paying the cost of having the services resupplied

CLARIFICATION: This liability limitation applies ONLY to our platform services (listing, advertising, communication tools). It does NOT apply to vehicle transactions between buyers and sellers, as we are NOT a party to those transactions.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts, for any dispute arising out of or in connection with these Terms.

Applicable Australian Laws: These Terms are subject to and must be interpreted in accordance with:

• Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth))
• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Electronic Transactions Act 1999 (Cth)
• Spam Act 2003 (Cth)
• Personal Property Securities Act 2009 (Cth) (for vehicle finance and security interests)
• All applicable state and territory motor vehicle dealer and fair trading legislation

17. Dispute Resolution

If a dispute arises out of or relates to these Terms or the Services, you agree to follow this dispute resolution process:

Step 1: Informal Resolution

First, contact us at disputes@carface.com.au with a detailed description of the dispute. We will attempt to resolve the dispute informally within 30 days.

Step 2: Mediation

If informal resolution fails, either party may refer the dispute to mediation. Mediation shall be conducted in accordance with the Australian Disputes Centre (ADC) Mediation Guidelines or another mutually agreed mediator.

Step 3: Litigation

If mediation does not resolve the dispute within 60 days, either party may commence legal proceedings in the courts of Victoria, Australia.

Consumer Rights Not Affected: Nothing in this dispute resolution clause prevents you from:

• Seeking relief from the Australian Competition and Consumer Commission (ACCC)
• Lodging a complaint with your state or territory consumer protection agency
• Lodging a complaint with the Office of the Australian Information Commissioner (OAIC) regarding privacy matters
• Pursuing your rights under the Australian Consumer Law
• Accessing small claims tribunals in your state or territory

18. Electronic Transactions and Digital Signatures

In accordance with the Electronic Transactions Act 1999 (Cth):

• You agree that electronic communications, transactions, and digital signatures satisfy any legal requirement for communications or signatures to be in writing
• Your electronic acceptance of these Terms (by clicking "I Accept," creating an account, or using the Services) constitutes a legally binding agreement
• All contracts, agreements, notices, and disclosures provided electronically through our platform are valid and enforceable
• Records of transactions and communications stored electronically by us constitute valid evidence of those transactions and communications

You have the right to receive and retain copies of all electronic communications and agreements for your records.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions. The remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement regarding the use of our Services.

21. Refund Policy - ALL PACKAGES NON-REFUNDABLE

CRITICALLY IMPORTANT: At Carface, ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. This applies to ALL listing packages (Free, Sale, and Premium) and ALL platform services.

We do NOT offer refunds, cancellations, or exchanges under ANY circumstances, including but not limited to:

• Changes of heart or buyer's remorse
• Deciding not to sell your vehicle
• Selling your vehicle through another channel
• Not receiving the inquiries or results you expected
• Selecting the wrong package by mistake or user error
• Technical difficulties or platform issues
• Dissatisfaction with the service or platform features
• Disputes between buyers and sellers
• Vehicle condition issues or buyer complaints
• Listing removal due to Terms violations
• Account suspension or termination

By purchasing any package or service, you explicitly acknowledge and agree to this non-refundable policy. You are responsible for carefully reviewing package features, pricing, and terms before purchase.

Please note: This non-refund policy applies ONLY to Carface platform fees (listing packages and services). This policy does NOT apply to vehicle purchase transactions between buyers and sellers, as Carface is NOT involved in those transactions. Buyers and sellers must negotiate their own terms for vehicle sales, including any refund or return policies.

Australian Consumer Law: This no-refund policy is subject to your rights under the Australian Consumer Law (ACL). If our services fail to meet a consumer guarantee that cannot be excluded under the ACL (such as services being provided with due care and skill), you may be entitled to a remedy. If you have any questions or concerns about this policy, please contact our support team at info@carface.com.au BEFORE proceeding with a purchase.

22. Force Majeure

Carface shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, epidemics
• War, terrorism, civil unrest, strikes, labor disputes
• Government actions, laws, regulations, or orders
• Internet service provider failures, telecommunications failures
• Power outages, server failures, cyberattacks, hacking
• Third-party service provider failures

During force majeure events, our obligations are suspended for the duration of the event, and we will not be liable for any resulting damages or losses.

23. Service Modifications and Discontinuation

We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time without notice
• Change pricing, features, or package offerings
• Impose limits on certain features or restrict access to parts of the Services
• Update or change the platform's appearance, functionality, or content

We are not liable for any modification, suspension, or discontinuation of the Services. You acknowledge that Carface has no obligation to maintain or support the Services and may cease operations at any time.

24. Tax Obligations

Platform Fees: All platform service fees displayed include GST (Goods and Services Tax) where applicable. Tax invoices are provided for all transactions.

Vehicle Sales Tax: For vehicle transactions between buyers and sellers:

• Sellers are responsible for understanding and complying with all tax obligations related to vehicle sales, including GST (if registered), capital gains tax, or income tax
• Buyers are responsible for stamp duty, registration fees, and any other taxes applicable to vehicle purchases in their state/territory
• Carface does NOT provide tax advice and is NOT responsible for users' tax compliance
• Users should consult qualified tax professionals regarding their obligations

25. Insurance and Risk Management

IMPORTANT RECOMMENDATIONS:

For Buyers:

• Obtain comprehensive vehicle insurance before taking possession
• Consider purchasing extended warranty or mechanical breakdown insurance
• Verify insurance coverage during test drives
• Understand your insurance policy exclusions

For Sellers:

• Maintain insurance coverage until ownership is transferred
• Verify buyer insurance during test drives
• Consider liability insurance for business operations (dealers)
• Document condition before sale to protect against false claims

Carface is NOT responsible for insurance matters. Users are solely responsible for obtaining appropriate insurance coverage. Carface does NOT provide insurance and is NOT liable for uninsured losses, accidents, or damages.

26. User-Generated Content and Listing Rules

By posting content (listings, photos, descriptions, reviews, comments) on the platform, you:

• Warrant that you own or have rights to all content you upload
• Grant Carface a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on the platform and in marketing materials
• Agree that Carface may modify, crop, or resize images for technical requirements
• Retain ownership of your content but allow Carface to use it for platform purposes
• Agree not to post copyrighted, trademarked, or stolen images
• Agree not to post misleading, false, or deceptive content
• Agree not to post offensive, defamatory, or illegal content

We reserve the right to remove any content that violates these Terms without notice or liability.

27. No Professional Advice

The Services and any content provided through the platform are for informational purposes only and do NOT constitute:

• Legal advice or representation
• Financial, investment, or tax advice
• Automotive, mechanical, or technical advice
• Insurance or risk management advice
• Vehicle valuations or appraisals (unless explicitly stated by licensed appraisers)

Users should seek qualified professional advice for their specific circumstances. Carface is not liable for any decisions made based on information obtained through the Services.

28. Data Breach Notification

In the event of a data breach affecting your personal information that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner (OAIC) as required by the Privacy Act 1988 (Cth) and the Notifiable Data Breaches (NDB) scheme.

However, we are not liable for data breaches caused by:

• User negligence (weak passwords, sharing credentials, phishing)
• Third-party security failures beyond our control
• Force majeure events
• Unauthorized access despite reasonable security measures

29. Waiver and Non-Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Carface. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

30. Assignment and Transfer

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder to any third party without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

31. Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity provisions, limitations of liability, dispute resolution, and intellectual property provisions.

32. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

33. Contact Information

For any questions or concerns regarding these Terms, contact us at:

• Email: info@carface.com.au
• Legal Inquiries:legal@carface.com.au
• Privacy Inquiries:privacy@carface.com.au