Terms and Conditions

1.1 These Terms and Conditions ("Terms") apply to your use of the Wheels Mate website at wheelsmate.com.au and the services we provide through it (together, the "Platform"). The Platform is operated by Granite Griffin Pty Ltd (ABN 52 694 080 932), trading as Wheels Mate ("Wheels Mate", "we", "us" or "our").

1.2 By using the Platform, creating an account or buying anything through it, you agree to these Terms. If you do not agree, please do not use the Platform.

1.3 Our Privacy Policy explains how we handle personal information. It is a separate document and is not part of these Terms, but please read it.

1.4 Section 7 applies only to private sellers, and section 8 applies only to dealers. The rest of these Terms apply to everyone.

1.5 If you use the Platform for a business, you confirm that you are authorised to accept these Terms on behalf of that business.

2.1 Wheels Mate is an online automotive marketplace. Through the Platform we provide private and dealer vehicle listings, featured upgrades, paid vehicle-history and PPSR reports, valuations, registration and VIN look-ups, comparison tools, new-car information, articles, and messaging between users.

2.2 We sell our own services (such as listings, featured upgrades, reports, dealer subscriptions and credits) and we are responsible for them. We are not a party to any sale of a vehicle between users.

2.3 In relation to any vehicle sale, we are not the buyer, seller, dealer, broker, agent, financier, insurer, mechanic or inspection provider. We do not take possession of vehicles, hold deposits or sale proceeds, receive or process the purchase price, complete registration or ownership transfer paperwork, arrange collection, or earn a commission on any sale.

2.4 Buyers and sellers deal directly with each other. They are responsible for inspection, condition checks, payment, collection, registration, ownership transfer, finance, insurance and complying with the law. Any dispute about a sale is between the buyer and the seller. We do not mediate or decide those disputes, but you can report a listing or user to us (see section 12).

2.5 Our identity checks, licence checks and listing reviews help reduce risk, but they do not guarantee a user's identity, honesty or right to sell a vehicle, the condition of a vehicle, the accuracy of a listing, or that a sale will go ahead.

3.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or under any other law, that cannot lawfully be excluded, restricted or modified. If anything in these Terms appears to do so, it does not apply to that extent.

3.2 If you are a dealer or other business and the services you acquire from us are not of a kind ordinarily acquired for personal, domestic or household use, then, where the Australian Consumer Law allows, our liability for failing to comply with a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

4.1 You can browse the Platform without an account. To create an account, list a vehicle, buy a report or send messages, you must be at least 18 years old and able to enter into a legally binding contract.

4.2 The information you give us must be true, accurate and up to date. Please update it if it changes.

4.3 You may have only one personal account, and you must not use anyone else's account.

4.4 Keep your login details secure. You are responsible for activity on your account, except where it results from our failure to take reasonable care. Tell us straight away if you think your account has been misused.

4.5 You can delete your account at any time in your account settings (see section 14.6).

5.1 You may use the Platform and the material on it for your own personal use or, if you are a dealer, for your own dealership business, in line with these Terms.

5.2 You must not:

• (a) copy, republish, sell, sub-license or commercially exploit material from the Platform (including listings, reports, valuations and vehicle data), except as these Terms allow;
• (b) use bots, scrapers, crawlers or other automated tools to access or collect material from the Platform;
• (c) give anyone who has not paid for a report access to it;
• (d) use information from the Platform, including contact details, to harass, stalk or defraud anyone, to commit identity theft, to send unsolicited marketing, or for any other unlawful purpose;
• (e) use information from the Platform to identify, profile or track any person;
• (f) interfere with the security or operation of the Platform, for example by hacking, introducing malware or overloading our systems;
• (g) get around our safeguards, for example by opening a new account after we have suspended yours, or by giving false information to our identity or licence checks;
• (h) impersonate anyone, or misrepresent your identity, age or connection with a business; or
• (i) post or send anything that is unlawful, misleading, defamatory, offensive, discriminatory or sexually explicit, or that infringes anyone's rights.

5.3 The reports and vehicle data on the Platform are licensed to us for use in Australia. You must not store, use or give access to them outside Australia, including through staff or contractors located overseas.

6.1 Each listing must:

• (a) be for a real vehicle that is available for sale and that you own or are authorised to sell;
• (b) be accurate, current and not misleading, including its price, odometer reading, registration number or VIN, condition and history;
• (c) use photos of the actual vehicle, or clearly label any stock or illustrative images;
• (d) comply with all laws that apply to advertising and selling vehicles; and
• (e) not infringe anyone's rights. You must own, or have permission to use, all photos and other content in your listing.

6.2 You must not list a stolen vehicle, or a vehicle you are not entitled to sell.

6.3 You must update or remove your listing promptly if the vehicle is sold or is no longer available.

6.4 You keep ownership of the content you post, such as descriptions and photos. You give us a non-exclusive, royalty-free licence to host, store, copy, display, format (including resizing and cropping) and publish that content on the Platform, and to use it to promote your listing, while your listing is on the Platform and for a reasonable time afterwards for backup and record-keeping. You confirm that you have the right to give us this licence, and you consent to us formatting your content in these ways even if that would otherwise infringe your moral rights.

7.1 Identity verification. Before you can list a vehicle, you must verify your identity, either through the automated check or by uploading an image of your current driver licence for a manual check. Our Privacy Policy explains how we handle this information. If we cannot verify your identity, you will not be able to list the vehicle, and we will refund any listing fee you have paid (see section 11).

7.2 Ownership. You must confirm whether you are the vehicle's legal owner. If you are not, you must upload a signed authority letter from the owner before we approve the listing.

7.3 No trading as a dealer. Private listings are for people selling their own vehicles, or vehicles they are authorised to sell. If you buy and sell vehicles as a business, you may need a motor dealer licence, and you must use a dealer account. We may ask you questions, or pause your listings, if it appears you are trading as a dealer.

7.4 Review before publication. We review every private listing before it is published. If we find a problem that can be fixed, such as an incorrect registration number or VIN, we will ask you to correct it before publication at no extra cost. If we reject a listing before it is published, we will refund the listing fee (see section 11).

7.5 Standard listings.

• A standard listing runs for 45 days.
• We send you a performance update every 7 days.
• On day 40, we ask whether the vehicle has sold, is no longer for sale, or is still for sale.
• If you confirm it is still for sale, we extend the listing by 30 days. We ask again before the end of each extension, and the same 30-day extension applies each time you confirm.
• If you do not respond before the listing period ends, the listing expires. To advertise the vehicle again, you will need to create and pay for a new listing.

7.6 Featured listings.

• You can buy a featured upgrade when you first list your vehicle or at any time while your listing is live.
• The upgrade replaces the rest of your standard listing period. Your listing then runs for 90 days from the date of the upgrade, and the day-40 question no longer applies.
• We continue to send you a performance update every 7 days.
• On day 85, we ask whether the vehicle is still for sale. If you confirm it is, we extend the listing, with featured placement, by 60 days at no extra cost. We ask again 5 days before the end of each extension.
• If you do not respond, the listing expires. To advertise the vehicle again, you will need to create and pay for a new listing.

7.7 What is shown publicly. Your listing shows your initials, or your first name or last name only; your suburb; and your phone number only if you choose to display it.

8.1 Who can open a dealer account. Dealer accounts are available only to businesses that hold a current motor dealer licence (or equivalent licence, such as a motor car trader licence) in an Australian state or territory. Each location you list vehicles from must be covered by a current licence. The person opening the account must be authorised to act for the business.

8.2 Verification. We verify your business and licence details before we activate your dealer account and your listings go live. We may ask you for more information, and we may decline an application. If we do, we will let you know.

8.3 Your licence. You must tell us immediately if a licence is suspended, cancelled or not renewed, or if new conditions are placed on it. If a location's licence is not current, we may put that location's listings on hold until it is.

8.4 Advertising and sales laws. You must comply with all laws that apply to motor dealers and vehicle advertising, including any requirement to show your licence number and other details in your listings, price display rules, and the consumer guarantees and statutory warranties that apply to your sales. Your listings must not state or suggest that buyers have no rights (for example, "sold as is" or "no warranty") where that would be misleading.

8.5 Stock feeds and bulk uploads. If you use a stock feed or bulk upload, you are responsible for the accuracy of the information and for your feed provider. You must have the right to use all content you send us, and you must remove vehicles promptly once they are sold or no longer available.

8.6 Buyer enquiries. When buyers contact you through the Platform, you receive their personal information. You must use it only to respond to their enquiry and deal with them about the vehicle, keep it secure, and comply with the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) where they apply to you. You must not add buyers to marketing lists or send them marketing unless they have agreed to it directly with you.

8.7 Your login. Each dealer account has one login. You are responsible for everyone who uses it, so keep it secure and share it only with your authorised staff (and see section 5.3).

8.8 Dealer listings. Dealer listings have no fixed end date. They stay live until you remove them or we remove them under these Terms. A dealer featured upgrade lasts for 3 months.

8.9 Packages. There are two dealer subscription packages. Each has its own monthly fee and its own per-listing fee. One package allows a maximum of 10 live listings at any one time; the other has no limit. We show you the current fees before you subscribe. The monthly fee does not include listing fees: a per-listing fee applies to each vehicle you list, at your package's rate.

8.10 Changing packages. You need an active package to list vehicles. If you are on the 10-listing package and try to add an 11th live listing, we will ask you to upgrade. To move to the 10-listing package, you must first reduce your live listings to 10 or fewer.

8.11 Billing and renewal.

• (a) We charge your first monthly subscription fee when we approve your dealer account.
• (b) Your subscription then renews automatically each month until you cancel. By subscribing, you authorise us to charge the monthly fee to the business card you nominate each month until you cancel, and to charge any per-listing fees, featured upgrades, reports or credits you choose to pay for by card.
• (c) You can update your card or cancel at any time through your account or by contacting us.

8.12 Cancelling. Cancellation takes effect at the end of your current paid month. Your listings stay live until then and are removed when the cancellation takes effect. We do not refund or pro-rate the month in which you cancel, even if you cancel early in the month, unless the Australian Consumer Law requires us to. After you cancel, you can still use any unused credits (for example, to buy reports) until they expire, but you need an active package to list vehicles.

8.13 Price changes. We will give you at least 30 days' notice by email before we increase your monthly fee or your per-listing fee, or reduce your package's listing limit. The change applies from your first billing date after the notice period ends. You can cancel before the change takes effect.

8.14 If a payment fails.

• 1. We charge the monthly fee to your nominated card on the due date.
• 2. If the charge fails, a 5-day grace period starts. We will email you, and you can update your card or pay the amount.
• 3. If the fee is still unpaid at the end of the grace period, we take it from your credit balance.
• 4. If your credit balance is not enough to cover the fee, your listings are put on hold and are no longer publicly visible.

We email you at each step. While your listings are on hold, we do not charge further monthly fees. You can restore your listings at any time by paying the outstanding monthly fee. They then go live again at no extra cost, and you do not pay the per-listing fee again.

8.15 Credits.

• (a) Credits are available to dealers only. One credit is worth A$1.00.
• (b) You can use credits to pay listing fees and to buy vehicle-history reports and featured upgrades. We also use credits to pay your monthly fee if your card payment fails (see section 8.14).
• (c) Each purchase of credits expires 365 days after the date you buy it, and each purchase has its own expiry date. We will email you 30 days before a purchase of credits expires.
• (d) Credits cannot be refunded or exchanged for cash, except where the Australian Consumer Law requires it or section 14.5 applies.
• (e) If your motor dealer licence is cancelled or suspended, or if we suspend or close your account, you can ask us to transfer your unused credits to another verified dealer account. We may refuse a transfer if we reasonably suspect fraud, or if the transfer would breach the law.
• (f) If you delete your dealer account, any unused credits are cancelled.

9.1 Reports. You can buy vehicle-history reports and PPSR reports. We show you the price before you buy.

9.2 Where report information comes from. Vehicle-history reports are built from information supplied by our licensed vehicle-data providers. PPSR reports are based on searches of the Personal Property Securities Register. A report shows the information held by those sources at the time of the search. It will not include events that were never recorded, and it may be affected by information that was recorded late or incorrectly by the source.

9.3 Our responsibility. We provide reports with due care and skill. If you think a report is wrong because of a mistake we made, please contact us. You may be entitled to a remedy under the Australian Consumer Law.

9.4 Use reports as part of your checks. A report is one source of information. Before buying a vehicle, inspect it (or have it independently inspected), check its paperwork, and make any other enquiries you need.

9.5 Using your report. You may use a report you buy for your own purposes or, if you are a dealer, in your own dealership business. You must not resell, republish or share it with anyone who has not paid for it (see section 5.2), and it is licensed for use in Australia only (see section 5.3).

9.6 Valuations. Valuations are estimates based on licensed market data. They are not a formal appraisal, and they do not guarantee what a vehicle will sell for.

9.7 New-car information, comparisons and articles. This content is general information only. Prices, specifications and images can change and may not match a particular vehicle, so check details with the manufacturer or a dealer before relying on them. Manufacturer names, logos and trade marks belong to their owners, and our use of them does not mean we are affiliated with or endorsed by those owners.

10.1 Messaging lets users contact each other about listings. Use it only for genuine enquiries and discussions about vehicles on the Platform.

10.2 You must not use messaging to send anything unlawful, abusive, threatening, harassing, discriminatory or sexually explicit; to send spam, advertising or malicious links or files; to ask for or share personal or financial information for a fraudulent or deceptive purpose; or to impersonate anyone.

10.3 We store messages. We use automated tools to scan messages to help detect and block spam, scams and other content that breaches these Terms. Our staff may read messages when needed to investigate a complaint, scam report, safety concern, dispute or possible breach of these Terms, or where the law requires it. Our Privacy Policy has more details.

10.4 We may block or remove a message, or restrict your access to messaging, if we reasonably believe it breaches these Terms.

10.5 We do not control what users say or do, and we do not check every message. Please be careful before sharing personal or financial information.

11.1 Prices are in Australian dollars. We show you the price, and whether it includes GST, before you pay.

11.2 Private users pay at the time of purchase by card, Apple Pay or Google Pay. Payments are processed by Stripe. We do not store full card details. Dealers pay as set out in section 8.

11.3 We will give you a receipt for each payment, and a tax invoice where GST applies.

11.4 The table below sets out our refund positions. These are in addition to your rights under the Australian Consumer Law (see section 3).

11.5 We aim to process eligible refunds within 5 business days after we confirm you are eligible. Refunds go back to the original payment method, and your bank may take a few more days to show them. If you paid with credits, we return the credits.

12.1 To stay safe:

• inspect the vehicle in person, or have it independently inspected, before paying any money;
• check the vehicle's paperwork, and consider a PPSR check to see whether money is owed on it;
• be wary of anyone who asks for a deposit before you have seen the vehicle, asks you to pay through an unfamiliar escrow or shipping service, or pressures you to act quickly;
• meet in a safe, public place, and take someone with you where you can;
• never share your passwords or one-time codes; and
• keep conversations on the Platform where possible, so we can help if something goes wrong.

12.2 You can report a listing, message or user by emailing support@wheelsmate.com.au. If you think you have been scammed, contact your bank straight away, and report it to Scamwatch at www.scamwatch.gov.au and to the police.

13.1 The Platform, including its design, software, branding and our own written content, belongs to us or our licensors.

13.2 Listings and other content posted by users belong to the users who post them (see section 6.4). Vehicle data and reports come from our licensed data providers and the PPSR.

13.3 Manufacturer names, logos and images belong to their owners.

13.4 You must not copy or reuse content from the Platform except as these Terms allow.

13.5 If you believe content on the Platform infringes your rights, please email support@wheelsmate.com.au with the details and we will look into it.

14.1 Removing or hiding listings. We may reject, hide, suspend or remove a listing if we reasonably believe that:

• (a) it breaches these Terms or the law;
• (b) it is inaccurate, misleading or cannot be verified;
• (c) it involves suspected fraud or a scam, or creates a safety risk;
• (d) a data provider, regulator, court or the law requires us to; or
• (e) it is a genuine threat to the security or integrity of the Platform.

We will tell you why, unless the law, or a safety or fraud risk, prevents us. Where a problem can reasonably be fixed, we will usually give you a chance to fix it first. We do not edit your listing without your agreement, except to remove unlawful or prohibited content or to fix formatting.

14.2 Suspending or closing accounts straight away. We may suspend or close your account without advance notice if we reasonably believe that you have been involved in fraud or a scam, that your use of the Platform creates a risk to someone's safety or is unlawful, that your identity or (for dealers) your licence is not valid, or that a regulator, data provider, court or the law requires us to act. We will tell you as soon as we reasonably can, unless the law prevents us.

14.3 Other breaches. For any other breach of these Terms, we will tell you what the problem is and give you at least 10 business days to fix it before we suspend or close your account, if the breach can be fixed.

14.4 During a suspension. While your account is suspended, your listings are hidden and we do not charge further monthly subscription fees.

14.5 What happens to paid services.

• (a) If we remove a listing, or suspend or close your account, because you breached these Terms or the law, we do not refund listing, featured upgrade or subscription fees you have already paid. Section 8.15(e) applies to unused credits.
• (b) If we remove a listing, or suspend or close your account, for a reason that is not due to your breach of these Terms or the law (for example, because we stop offering a service), we will refund the unused part of any fees you have paid in advance for services you can no longer use, and we will transfer your unused credits under section 8.15(e) or, if a transfer is not possible, refund them.

14.6 Deleting your own account. You can delete your account at any time in your account settings. If you do, your listings are removed and any remaining listing period or featured upgrade ends without a refund. For dealers, your subscription ends without a refund for the current month, and any unused credits are cancelled (see section 8.15(f)). Our Privacy Policy explains what happens to your personal information.

15.1 Section 3 (Your consumer rights) applies to everything in this section.

15.2 We are not responsible for the conduct of users, the content of listings or messages posted by users, or the outcome of any sale between users, except to the extent that we cause or contribute to the loss (for example, by failing to take reasonable care in providing our services).

15.3 To the extent the law allows, and subject to section 15.5, our total liability to you for all claims relating to the Platform or these Terms is limited to the total fees you paid us in the 12 months before the claim arose.

15.4 If you use the Platform for a business, then to the extent the law allows, and subject to section 15.5, we are not liable to you for loss of profits, revenue, business or opportunity, or for any indirect or consequential loss.

15.5 Nothing in these Terms limits or excludes our liability for:

• (a) your rights under the Australian Consumer Law that cannot be excluded (see section 3);
• (b) death or personal injury caused by our negligence;
• (c) fraud or wilful misconduct by us; or
• (d) anything else that cannot be limited or excluded by law.

If you use the Platform for a business, including as a dealer, you must compensate us for any loss or cost (including reasonable legal costs) arising from a claim by a third party that is caused by your listings or other content, your breach of these Terms, or your breach of the law, except to the extent that we caused or contributed to it.

17.1 We may change the Platform's features from time to time. If a change removes or significantly reduces a paid service you have already bought, we will refund the unused part of what you paid.

17.2 We may update these Terms. For significant changes, we will give account holders at least 30 days' notice by email and publish the updated Terms on the Platform. Changes that do not disadvantage you, or that the law requires, may take effect sooner.

17.3 Changes do not apply to purchases made before they take effect. Dealers can cancel before a change takes effect. If you keep using the Platform after a change takes effect, the updated Terms apply to you.

18.1 If you have a complaint about our services (for example, about a fee, a refund, or a listing we removed), please email support@wheelsmate.com.au. We will acknowledge your complaint and aim to resolve it within 30 days.

18.2 If you are not satisfied with our response, you can contact the consumer protection agency in your state or territory (for example, NSW Fair Trading).

18.3 Disputes between users about a vehicle or a sale are between those users (see section 2.4). State and territory consumer protection agencies can help with disputes about vehicle sales.

19.1 Notices. We may send notices to the email address on your account, and publish general notices on the Platform. You can contact us at support@wheelsmate.com.au.

19.2 Transfer. You cannot transfer your account, or your rights under these Terms, without our consent. We may transfer our rights and obligations under these Terms to a buyer of our business or to a related company, if we tell you and the transfer does not reduce your rights.

19.3 Events outside our control. Neither of us is responsible for failing to meet an obligation because of an event beyond our reasonable control, such as a natural disaster, a widespread internet or power outage, or government action. This does not affect your rights under section 3.

19.4 Invalid terms. If part of these Terms is invalid or unenforceable, the rest still applies.

19.5 Delay. If either of us does not enforce a right straight away, we can still enforce it later.

19.6 Governing law. These Terms are governed by the law of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. This does not stop you contacting the consumer protection agency in your own state or territory.

Granite Griffin Pty Ltd, trading as Wheels Mate

ABN 52 694 080 932

Email: support@wheelsmate.com.au