Car Inspect Pty Ltd Terms and Conditions
- App means any mobile application through which the Services are made available from time to time, as amended or supplemented.
- Carinspect means Team Inspect Pty Ltd ACN 638 480 365 (trading as Carinspect and any of its assigns, successors, subsidiaries, agents, employees, representatives, officers, directors, affiliated entities and / or related bodies corporate.
- Carinspect Report means, in relation to a Vehicle, a report comprising the Inspection Report and the Car History Report.
- Car History Report means, for vehicles built after 1989, a third party report generated through the 'CarHistory' platform including VIN Validation, PPSR Certificate, stolen check, written-off check, finance check, odometer roll-back check, registration check, Takata airbag recall check.
- Claims means claims, losses, disputes, damages, differences, demands, notices, suits, actions, proceedings, expenses and liabilities, whether legal or equitable, under statute or otherwise of whatever nature and howsoever arising.
- Complaints Form means the complaints form made available on the Website or App from time to time, detailing the nature of the complaint or dispute.
- Inspection means the pre-purchase Vehicle inspection to be undertaken by the Mechanic in accordance with these Terms (and, where applicable, includes any associated road test of the Vehicle).
- Inspection Report means a third party report detailing the results of an Inspection, prepared and compiled solely by a Mechanic.
- Mechanic means a locally accredited mobile mechanic engaged as an independent contractor by Carinspect to undertake Inspections.
- Seller means the seller of the Vehicle.
- Services means an online platform for the purposes of obtaining a Carinspect Report.
- Vehicle means the used car or vehicle the subject of the Inspection and Carinspect Report.
- Website means www.carinspect.com.au
- You means You, the person accessing or using the App or the Website or otherwise permitting or facilitating the Services to be provided or an Inspection to occur (either personally or on behalf of another person or entity) and Your has a corresponding meaning. For the avoidance of doubt, You includes but is not limited to the Buyer, the Seller and the Mechanic (as the case may be).
- 1. Application
2. Use of App and Website
- 1.1 These Terms govern the use or access by You of the App, Website, Services, Inspection and Carinspect Reports, or other content provided to You by or on behalf of Carinspect.
- 1.2 These Terms constitute a legally binding agreement between You and Carinspect, to the exclusion of all other agreements, representations, terms or rules. By using or accessing the App or Website or otherwise permitting or facilitating the Services to be provided or an Inspection to occur, You agree to be bound in full by these Terms.
3. Nature of Services
- 2.2 You are responsible for ensuring all information submitted to the App or Website is current, complete, and up to date at all times. You warrant that all information submitted by You is accurate and truthful. You are responsible for all activity that occurs on Your Carinspect account (if applicable) and You agree to maintain the security and secrecy of Your account and login credentials.
- 2.3 Carinspect assumes no responsibility, and shall not be liable for any Claims arising from errors, technical issues, system outages, malfunctions or malware, viruses or other platform or system errors on account of Your access to or use of the Services, Website or App.
4. Fees and Cancellations
- 3.1 Carinspect is an online platform enabling a potential purchaser of a used Vehicle to obtain an Inspection Report and Car History Report before determining whether to proceed with the purchase of that Vehicle. Carinspect does not itself provide mechanical, engineering or quality-verification services. The Services are made available for Your private and confidential use only.
5. Inspection Report
- 4.1 In consideration of Carinspect providing You with the Services, You agree to pay the applicable fees set out in the App or Website.
- 4.2 Subject to clauses 4.3 and 4.4 below, Carinspect offers a full refund (minus a $12.50 credit card fee) for Vehicle Inspections that for any reason do not occur.
- 4.3 Where You request the Inspection be cancelled after an Inspection time and date has been set with the Seller of the Vehicle, Carinspect will retain a $60 administration fee and will refund the balance of the order.
- 4.4 Where a Mechanic attends but is unable to complete an Inspection for reasons not attributable to fault on the part of Carinspect or the Mechanic, Carinspect will retain a $150 cancellation fee and refund the balance of the order.
6. Car History Report
- 5.1 Mechanics
All Inspections will be carried out by Mechanics appointed by Carinspect. Carinspect will use its best endeavours to ensure that all Mechanics are fully qualified motor mechanics and possess their own Public Liability and Professional Indemnity Insurance.
- 5.2 Non-mechanical inspection only
The nature of the Inspection is non-mechanical only. Inspections will be performed by reference to a standard checklist of items determined by Carinspect, which may vary as between make/model of Vehicle and the type of Inspection ordered by You. Inspections will address the Vehicle's exterior, interior, engine compartment, tyres and wheels, brakes, underbody and a road test. No removal of parts or components is undertaken during the Inspection process.
- 5.3 Road tests
Where deemed safe to do so, Vehicles are road-tested to the speed limit of the local area which may affect the Mechanic's ability to draw an accurate conclusion on some of the checklist items detailed in the Inspection Report. It remains at the sole discretion of the Mechanic whether the Vehicle is safe and reliable enough to perform a road test within the surrounding area of the Inspection location. A road test will not be performed if the Vehicle is unregistered or if it is otherwise deemed unsafe by the Mechanic to do so. It is the responsibility of the Mechanic to ensure the accuracy, safety or completeness of the Inspection, including any road test.
- 5.4 As-is basis
Inspections will be performed on an 'as-is' basis, based upon the condition of the Vehicle and surrounding environment as at the specified time and date of the Inspection. Where the Mechanic is unable to make a conclusive determination in relation to the checklist of items (based on external factors such as weather, cleanliness of Vehicle, location of Vehicle or otherwise) this will be specified in the Inspection Report.
- 5.5 Exclusions
You acknowledge and agree that the Inspection and issuing Inspection Report will not cover the following:
- a) condition of fuel and oil consumption;
- b) timing belts or chain, alarm/ security systems, trip meters;
- c) computers;
- d) head units;
- e) navigation / GPS systems;
- f) TV, cassette or disc player;
- g) auto wipers;
- h) adaptable lights;
- i) water leaks or moisture ingress;
- j) any filters including diesel particulate filters and catalytic converters;
- k) engine internals (including fuel injectors, EGR valves, sludge or carbon build up);
- l) suitability of tyres including size and age (other than to the extent of noting the tread wear);
- m) load rating;
- n) manufacturer recall notices;
- o) confirmation of the manufacturer's specified and approved oils, fluids and coolants are fitted to the Vehicle; or
- p) other mechanical, functionality or performance indicators in relation to the Vehicle.
- 5.6 Results
The Inspection Report provided to You, the condition assessment of the Vehicle and the checklist responses in the Inspection Report are the opinion of the Mechanic only, and in no way reflect those of Carinspect.
- 5.7 Detection of faults
You acknowledge that while the Mechanics apply industry standard methodologies for the detection of any faults relating to a Vehicle, there is no guarantee that an Inspection will identify any or all faults with a Vehicle. Carinspect strongly recommends You consider the age, mileage and overall condition of the Vehicle prior to purchase, and make Your own enquiries with respect to matters covered and not covered by the Inspection Report.
7. Carinspect Report
- 6.1 Prior to issuing the Carinspect Report, Carinspect will conduct a search to obtain a Car History Report in relation to the Vehicle.
- 6.2 If a Car History Report is available in relation to the Vehicle, the results of the search will be enclosed with the Carinspect Report.
- 6.3 You acknowledge and agree that the Car History Report is a compilation of data and information pertaining to a Vehicle, which is held and maintained by third parties.
- 6.4 Carinspect makes no guarantee as to the accuracy of the information comprised in the Car History Report, and strongly recommends You make your own enquiries in relation to the accuracy of its contents before deciding whether to proceed with the purchase of the Vehicle.
- 6.5 No Claim shall arise in relation to any facts, matters or circumstances which occur or arise in relation to a Vehicle after the Inspection.
- 7.1 The contents of the Inspection Report and Car History Report (if available) in relation to a Vehicle form the Carinspect Report, and will be supplied to You in accordance with these Terms.
- 7.2 You acknowledge and agree that in providing the Carinspect Report, Carinspect will be presenting information and results obtained by third parties. Carinspect makes no warranty, representation or guarantee as to the contents of the materials enclosed in the Carinspect Report including the accuracy or suitability of the same. No Claims shall arise as against Carinspect for or in relation to the findings or results expressed in the Inspection Report or the Car History Report.
- 7.3 You understand and agree that the Inspection Report is not, and should not be considered to be a recommendation to purchase or not purchase a vehicle. Any decision to purchase a vehicle is Your own having regard to such matters as You consider relevant having regard to Your own circumstances, investigations and enquiries.
- 7.4 The Carinspect Report does not act as a roadworthy certificate or safety certificate, and Carinspect makes no representation that an Inspected Vehicle would pass a road authority inspection.
9. Intellectual Property Rights
- 8.1 Where You wish to make a complaint regarding an Inspection Report, You must complete a Complaints Form.
- 8.2 Upon receipt of a Complaints Form, Carinspect will review the Inspection Report.
- 8.3 Where the complaint relates to the findings set out in the Inspection Report, Carinspect shall provide the details of the Mechanic to You. The continuation of the complaint (including resolution of the same) shall be as between the Mechanic and You, and Carinspect shall not be liable to You for any Claims arising from the complaint.
- 8.4 Subject to these Terms, if Carinspect determines that the Carinspect Report does not comply with Australian Consumer Law, Carinspect will refund to You the cost of the Services, and thereafter Your complaint will be finalised and You will have no further rights or Claims against Carinspect in relation to the provision of the Services.
10. Social Media
- 9.1 All rights in and to the App, the Website and the Services belong to Carinspect and Your use of them does not constitute any transfer or assignment of proprietary rights to the same. Carinspect owns all intellectual property rights in and to the App, the Website and the Services, including all trade marks, copyright, branding and other indicia.
- 9.2 You must not use, remove or republish such intellectual property other than as expressly set forth in these Terms. You must not attempt to reproduce, reverse engineer, or obtain access to any aspect of the system or network underlying the App, the Website or the Services. You must not, either directly or indirectly, authorise any third party to do any of the things set out in this clause.
- 9.3 You may use the “share” feature that Carinspect may make available on the Carinspect Report, the App or Website to share on social media or with email recipients.
11. Limitation of Liability
- 10.1 You must not publish, on or in connection with the App, the Website or the Services, anywhere in the world any comments or statements which are false, defamatory, abusive, or which constitute harassment or contain offensive language concerning Carinspect or the Services. The above applies to any social media or other publicly available profiles held or maintained in relation to Carinspect.
12. Third-Party Business Associates
- 11.1 Carinspect does not:
- a) warrant the accuracy, safety or completeness of the Inspection and / or the Inspection Report (including but not limited to any representations made in the Report);
- b) guarantee or ensure the availability, safety or condition of the Vehicle or any transaction between prospective or actual buyers and sellers;
- c) collect or process payment for or transfer title to any vehicle; or
- d) warehouse, store, ship or deliver any vehicles.
- 11.2 To the maximum extent permitted by law and unless otherwise set out in these Terms:
- a) Carinspect disclaims all responsibility and liability in relation to any Claims arising out of or in any way connected with Your use of the Services, the Inspection and Inspection Report, and the Car History Report;
- b) Carinspect disclaims all responsibility and liability in relation to any Claims arising out of or in any way connected with any damage caused to the Vehicle during the course of the Inspection (including, but not limited to, the road test);
- c) all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Carinspect are hereby excluded;
- d) Carinspect will not be liable for any Claims for indirect, punitive, special or consequential losses arising out of Your use of the Services (including the Inspection and Report);
- e) Carinspect's liability to You, if any, will be reduced or limited by Your contribution to the loss or damage suffered and shall in any event be limited to sum paid by You for the Services supplied; and
- f) You indemnify and hold harmless Carinspect from any and all Claims arising out of or in connection with Your use of the Services (including the Inspection and Report).
- 12.1 The third-party business associates of Carinspect identified on the Website or App (including, but not limited to, the Mechanics, external report data sources and payment gateways) are independent contractors of Carinspect. The third-party business associates are not joint ventures or partners of Carinspect. No employee or representative of the business associates is under the control of Carinspect and Carinspect is not liable for any acts or omissions thereof.
- 12.3 Prixcar Transport Services Pty Ltd (ABN 18 158 361 72) is a third-party service provider recommended by Carinspect. By using the services of Prixcar, You enter into an agreement with Prixcar and by doing so are agreeing to their terms and conditions of service. All liability thereof is the responsibility of Prixcar Transport Services Pty Ltd. Car Inspect is inno way affiliated with Prixcar Transport Services and take no responsibility for any dealings between You and Prixcar.
- 13.1 Amendment
These Terms may be updated or amended from time to time. Amendments or updates will be published at this location or notified via email and will be effective upon publication. Your continued use of the Services constitutes Your acceptance of any amendments or updates to the Terms.
- 13.2 Assignment
Your rights and obligations under these Terms are personal and cannot be assigned, without the prior written consent of Carinspect. Carinspect may assign, encumber or otherwise deal with its rights and obligations under these Terms to any third party without prior notice to or consent from You.
- 13.3 Waiver
No failure, delay, relaxation or indulgence on the part of Carinspect in exercising any power or right conferred upon it by these Terms will operate as a waiver of such power or right nor will any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
- 13.4 Severability
If anything in these Terms is unenforceable, illegal or void, then it is severed and the rest of the Terms remain in force.
- 13.5 Governing Law
These Terms are governed by and must be construed in accordance with the laws of Victoria. Subject to Your obligations to adhere to the dispute resolution processes set out above, You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and all courts which have jurisdiction to hear appeals from those courts, and waives any right to object to proceedings being brought in those courts for any reason.
If You have a question, problem or complaint or need to contact us please do so at the below:
Team Inspect Pty Ltd
38 York Street
South Melbourne, VIC 3205