Welcome to the CarClimb App
We are pleased to provide you with access to the CarClimb app and related services (“CarClimb”) including, but not limited to, our website and e-commerce platform allowing the analysis of car price trends and related data (together the “CarClimb Network”).
By accessing or using the CarClimb Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the CarClimb Network- each as amended from time to time in accordance with these Terms.
1. About the CarClimb Network
(a) CarClimb publishes or makes available on the CarClimb Network information, advertisements, products and services, vehicle data, valuations, software, and other content supplied by CarClimb and third parties (“Material”).
(b) To the extent permitted by law, CarClimb does not warrant or endorse the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the CarClimb Network (including via links to third-party websites). You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.
(c) Unless expressly stated by CarClimb and to the extent permitted by law, CarClimb does not provide any warranty in relation to any goods or services advertised for sale on the CarClimb Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit or safe for the purpose intended, as described by the seller or owned by the seller.
2. Personal and Non-Commercial Use Only
(a) Unless you have signed commercial terms with CarClimb, use of the CarClimb Network is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for accessibility), you must not without the prior written approval of CarClimb (such approval not to be unreasonably withheld) do any of the following or authorise a third party to do that thing on your behalf:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, or license any Material;
Use or attempt to use any Material to create any website, publication, or searchable database;
Mirror or frame any website or Material from the CarClimb Network;
Use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index, or database based on the Material;
Use any manual process to make multiple copies of Material or to compile any document, index, or database based on the Material;
Publish, transfer, or sell any Material, information, or functionality derived from the CarClimb Network; or
Undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.
(b) If CarClimb reasonably considers that you or any party related to you has acted contrary to these Terms, then CarClimb may immediately terminate your right to access and use the CarClimb Network and reserves its right to take any action it deems reasonably necessary or desirable to prevent such repeated action.
3. You Are Responsible for Use of the CarClimb Network
(a) The Material made available on (or via) the CarClimb Network is provided as general information only. The Material is not professional, expert, or other advice, and it is not a substitute for such advice. The Material may not be appropriate, correct, or sufficient for your circumstances, should not be relied on as the only reason you do or don’t do anything, and may not be continually accessible or free from errors or viruses.
(b) You indemnify CarClimb against any liability, loss, claim, or demand if CarClimb (or any of its officers, representatives, employees, or agents) 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 any warranties you provide in them except to the extent such loss or damage is caused by CarClimb’s own acts or omissions.
(c) You must keep your username and password to access the CarClimb Network secure and confidential and not provide those details to any third party. You accept all liability relating to unauthorised use of any username and password issued to you which is due to no fault of CarClimb.
4. Goods and Services Provided by CarClimb
Any goods or services offered by CarClimb (beyond access to the CarClimb Network) are subject to additional terms and conditions. To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.
5. Goods and Services Provided by Third Parties
(a) If goods and services are offered on the CarClimb Network by third parties (sellers), to the extent permitted by law:
Vehicle prices often exclude delivery, government, and statutory charges (always check with the seller);
You are responsible for making all relevant searches, enquiries, and investigations in relation to the goods and services including searching any written off vehicle register or register of security interests (including the Personal Property Securities Register);
CarClimb does not act as any person’s agent or broker, arrange any contract between you and any person, or provide any warranty in relation to any person’s goods or services (unless specifically stated); and
CarClimb will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person, or resolving any dispute between you and any person.
For the purpose of these Terms, “person” means any legal entity, including an individual or business.
(b) CarClimb may augment information supplied by sellers, for example by using the make, model, and series provided by a seller to suggest vehicle features. This information relies upon the seller accurately identifying their vehicle and also on information provided to CarClimb from third parties (for example original equipment manufacturers). Whilst CarClimb requests that sellers check this information, such information may still be inaccurate. CarClimb strongly recommends that you check with the seller that all information contained in an advertisement or listing is accurate before you make any purchase.
6. CarClimb’s Liability to You
(a) Other than as set out in this clause, and to the full extent permitted by law, implied guarantees and warranties in respect of any goods or services provided by CarClimb are hereby excluded. Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy conferred on you by an applicable statute (e.g., the Australian Consumer Law) that cannot be excluded, restricted, or modified.
(b) To the full extent permitted by the law, CarClimb will only be liable to you pursuant to any guarantee, right, or contractual term that arises, is created, or is implied by operation of law and that cannot be excluded provided that, any such liability of CarClimb is limited to the greater of (i) the fees paid by you to CarClimb for the relevant goods and/or services or (ii) $1000.
(c) To the full extent permitted by law, CarClimb will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs, or economic loss.
(d) For the purposes of this section, the term CarClimb means CarClimb, its officers, employees, contractors, and agents, whether individually or collectively.
(e) This clause 6 will survive any expiry or termination of these Terms.
(f) Where you have purchased a specific product or service from CarClimb, please check your additional specific product or service terms for liability provisions which may prevail over this clause.
7. Copyright, Trademarks, and Licence
(a) Material on the CarClimb Network is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by CarClimb. Unless otherwise indicated on the CarClimb Network, the Material is owned by or licensed to CarClimb and is subject to copyright (the “Copyright Material”).
(b) You may:
Only copy or reproduce the Copyright Material for the purpose of browsing the CarClimb Network or making a copy for your own personal, private, or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
Not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) CarClimb and other names of CarClimb’s products and services are registered or unregistered trademarks of CarClimb. Other product and company names mentioned on the CarClimb Network may be the trademarks of third-party owners. Nothing displayed on the CarClimb Network should be construed as granting you any intellectual property rights including the right to use any trademark without the relevant owner’s express written consent.
(d) In consideration of CarClimb allowing you to access and use the CarClimb Network, you grant to CarClimb a non-exclusive, payment-free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt, and publish any material you post, upload, or otherwise transmit via the CarClimb Network for such purposes as CarClimb reasonably determines from time to time (subject to CarClimb’s Privacy Policy). You warrant that you have all necessary rights to grant CarClimb this licence.
8. Changes to these Terms
(a) CarClimb may, at any time and from time to time, change, amend, or vary these Terms (other than any additional terms and conditions which govern goods or services offered by CarClimb). You will be bound by any such changes as soon as you access or use the CarClimb Network after the changes have been made. CarClimb will take reasonable steps to notify you of any changes but it is your responsibility to review the current Terms each time you use the CarClimb Network.
(b) Additional terms and conditions which govern goods or services offered by CarClimb may be changed, amended, or varied by CarClimb at any time and from time to time in accordance with the terms set out in those additional terms and conditions.
9. General
(a) These Terms (together with any additional terms and conditions referred to in them) form the entire agreement between CarClimb and you in relation to your access to and use of the CarClimb Network and supersede all prior agreements, representations, and understandings.
(b) If any part of these Terms is found to be invalid or unenforceable, the remaining parts of these Terms will remain in full force and effect.
(c) These Terms are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
(d) CarClimb’s failure to enforce any right or provision in these Terms will not constitute a waiver of such provision or any other provision.
(e) CarClimb may assign its rights and obligations under these Terms without your consent. You may not assign your rights or obligations under these Terms without CarClimb’s prior written consent.
10. Contact Us
If you have any questions about these Terms, please contact CarClimb at:
CarClimb
info@carclimb.com
Please ensure you have read and understood these Terms before using the CarClimb Network. By accessing or using the CarClimb Network, you agree to be bound by these Terms.
