Welcome to the AutoBank Platform – a new and refreshing way of buying and selling all things Automotive.

Terms and conditions of use

AutoBank is excited to provide its users with access to the Platform accessed via a website browser and or Smart-Phone App on Android and iOS (not tablet or iPad), for the purpose of searching and buying, listing and selling items on the platform (“AutoBank”) including, but not limited to www.autobank.com.au and the search functions database that underpins the service.

By accessing or using the AutoBank Platform, 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 AutoBank Platform - each as amended from time to time.

1. About the AutoBank Platform

(a) AutoBank publishes or makes available on the platform called AutoBank information, advertisements, products and services and vehicle data (‘Product(s)’).

(b) AutoBank does not warrant or endorse the accuracy or completeness of, or the representations made in, the Product(s), or any information received as a result of using the AutoBank (including via links to third party websites). You are responsible for assessing the accuracy of the Product(s) and any such information and rely on it at your own risk.

(c) Unless expressly stated by AutoBank, AutoBank does not provide any warranty in relation to any goods or services advertised for sale on the AutoBank Platform 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 AutoBank, use of the AutoBank is for your personal and non-commercial use only. Except for the Product(s) held in your computer’s cache or a single permanent copy of the Product 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 AutoBank do any of the following or authorise a third party to do that thing on your behalf:

  1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Product(s);

  2. use or attempt to use any Product(s) to create any website, publication or searchable database;

  3. mirror or frame any website or Product(s) from the AutoBank Platform;

  4. use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Product(s) or generate or compile any document, index or database based on the Product(s);

  5. use any manual process to make multiple copies of Product(s) or to compile any document, index or database based on the Product;

  6. publish, transfer or sell any Product(s), information or functionality derived from the AutoBank Platform; or

  7. 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 AutoBank considers that you or any party related to you has acted contrary to these Terms, then AutoBank may immediately terminate your right to access and use AutoBank and reserves its right to take any action it deems necessary or desirable to prevent such repeated action.

3. You are responsible for use of the AutoBank

(a) The Product(s) made available on (or via) the AutoBank Platform is provided as general information only. The Product(s) are not professional, expert or other advice and it is not a substitute for such advice. The Product(s) 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 AutoBank against any liability, loss, claim or demand if AutoBank (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.

(c) You must keep your username and password to access the AutoBank Platform 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.

4. Goods and services provided by AutoBank

Any goods or services offered by AutoBank (beyond access to the AutoBank Platform) 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 AutoBank Platform by third parties (sellers):

  1. vehicle prices often exclude delivery, government and statutory charges (always check with the seller);

  2. 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);

  3. AutoBank 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

  4. AutoBank 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) AutoBank 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 AutoBank from third parties (for example original equipment manufacturers). Whilst AutoBank requests that sellers check this information, such information may still be inaccurate. AutoBank 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. AutoBank’ liability to you is limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied warranties in respect of any goods or services provided by AutoBank are hereby excluded.

(b) Subject to subclause 6(c), and except to the extent that liability cannot be excluded under applicable laws, AutoBank will not be liable to you for claims arising out of or in connection with your access and use of the AutoBank Platform and related services howsoever arising, including in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

(c) To the full extent permitted by the law, AutoBank 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 AutoBank is limited, at AutoBank’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply.

(d) To the full extent permitted by law, AutoBank 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.

(e) For the purposes of this section, the term AutoBank means AutoBank, its officers, employees, contractors and agents, whether individually or collectively.

(f) This clause 6 will survive any expiry or termination of these Terms.

(g) Where you have purchased a specific product or service from AutoBank, please check your additional specific product or service terms for liability provisions which may prevail over this clause.

7. Copyright, trademarks and licence

(a) Product on the AutoBank Platform is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by AutoBank. Unless otherwise indicated on the AutoBank Platform, the Product is owned by or licensed to AutoBank and is subject to copyright (the "Copyright Product").

(b) You may:

  1. only copy or reproduce the Copyright Product for the purpose of browsing the AutoBank Platform 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

  2. not alter or modify the Copyright Product in any way or remove any legal notice associated with it.

(c) AutoBank and other names of AutoBank’ products and services are registered or unregistered trade marks of AutoBank. Other product and company names mentioned on the AutoBank Platform may be the trade marks of third party owners. Nothing displayed on the AutoBank Platform should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.

(d) In consideration of AutoBank allowing you to access and use the AutoBank Platform, you grant to AutoBank a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any Product you post, upload or otherwise transmit via the AutoBank Platform for such purposes as AutoBank reasonably determines from time to time (subject to AutoBank’ Privacy Policy). You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third party rights. You agree to AutoBank taking any actions that may otherwise infringe your moral rights in relation to the Product.

8. Your AutoBank Platform account

(a) If you open an AutoBank Platform account, additional products and services (e.g. fuel discounts) may be made available to you on specific supplementary terms.

(b) By opening a AutoBank Platform account, you agree to receive electronic communications from AutoBank about its products and services, however you may opt out of this via your account preference centre.

(c) If you add details of an existing vehicle into your AutoBank Platform account, you agree to AutoBank providing those details to car dealers along with any vehicle enquiry you make so that dealers can make you trade in offers. You can opt out of this at the time of enquiry.

(d) If you create a username and user profile photo connected to your AutoBank Platform account, or choose to verify your identity, AutoBank may display these publicly in your AutoBank Platform communications, including in adverts or one-to-one messages.

9. Communications services

(a) AutoBank may provide you with the ability to communicate with AutoBank, sellers, third party advertisers and other users of the AutoBank Platform through online forms, interactive voice response, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of communication (“Communications Services”).

(b) Unless stated otherwise, please assume that Communications Services are public and not private communications, and you agree to publication of your communications. AutoBank may, in its discretion, collect, store or scan communications, however you should not rely on it doing so.

(c) Use of the Communications Services is provided on condition that you do not:

  1. transmit any information or Product which is incorrect, misleading or deceptive;

  2. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any Product otherwise deemed by AutoBank to be inappropriate;

  3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;

  4. use the Communications Services for any unlawful purpose;

  5. post or upload files that contain software or other Product or information in breach of any person's intellectual property or privacy rights;

  6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user's computer or damage any of the AutoBank Platform (infrastructure or content);

  7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

  8. advertise or offer to sell any goods or services other than as approved in writing by AutoBank;

  9. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;

  10. excessively use the Communications Services in a manner which may hinder or prevent AutoBank from providing services to any other person or which may threaten the integrity or use by any person of the AutoBank Platform; or

  11. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) AutoBank may delete, edit, refuse to post or remove in whole or part any information or Product uploaded or posted using the Communications Services. AutoBank may also suspend or terminate the use of the AutoBank Platform of any person determined by AutoBank to be in breach of these Terms.

10. Software services

(a) Any software, including HTML code, that is made available to download from the AutoBank Platform ("Software") is owned by AutoBank and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You must agree to the terms of the Licence Agreement before using the Software.

(c) If there is no Licence Agreement, AutoBank grants you a personal, non-transferable license to use the Software for viewing and otherwise using the AutoBank Platform in accordance with these Terms, and for no other purpose. You must not:

  1. copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;

  2. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;

  3. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or

  4. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

11. AutoBank and your privacy

By using the AutoBank Platform, you agree to the AutoBank Privacy Policy which sets out how AutoBank collects, uses and discloses your personal information.

12. What law governs these Terms?

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.

13. AutoBank may change its terms

(a) AutoBank may modify or amend its terms and conditions for its goods or services from time to time. Modifications of these Terms (and terms and conditions linked to these Terms) take effect once displayed on this website or app, however will only apply to your use of the AutoBank Platform after that date.

(b) AutoBank may, acting reasonably, cease to provide you with access to the AutoBank Platform or any of its services without notice.

(c) All rights not expressly granted are reserved.

16. Contact AutoBank

If you have a question, issue or need to contact us:

Phone: (03) 9018-9392

Email - questions:

info@autobank.com.au

Email - complaints:

info@autobank.com.au