Terms and Conditions

A. Website Terms & Conditions

ClickCar Australia Pty Ltd trading as Carma

Carma’s mission is to revolutionise the way Australians buy cars. Buying a car should be easy. In fact, everything about it should be a joy. We sell pre-loved cars that feel good as new. With a state-of-the art reconditioning facility, first-class customer service and free delivery to your door. It's car buying made easy.

This website (Website) is operated by ClickCar Australia Pty Ltd (ABN 34 648 842 362) (we, our or us). The Website is available at www.carma.com.au and may be available through other addresses or channels.

These are the terms and conditions (Terms) governing the use of the Website. The purchase of a vehicle is subject to a separate contract of sale and terms and conditions.

If you access or use the Website, you are taken to have agreed to these Terms. Please read these Terms carefully – if you don’t agree to them, then you must cease using the Website immediately.

We may change these Terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

Acceptance of terms

By using this Website, you unreservedly accept these Terms and the Carma Privacy Policy. You agree that these Terms and our Privacy Policy will apply whenever you visit the Website.

Materials and information on this Website (Content) are subject to change without notice. We do not undertake to keep the Website up-to-date, and we are not liable if any Content is inaccurate or out-of-date.

Registration and user requirements

You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, valid mobile phone number and a valid email address (which will be handled and stored by us in line with our Privacy Policy). You must ensure this information is accurate and current.

By using the Website and its associated functionality, you grant your express consent to us to communicate with you regarding your purchase and/or account.

To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us. If you are under 18 years old, you need permission from your parent or legal guardian to access and use the Website, and they must accept these Terms on your behalf.

It is your sole responsibility to keep your account login details secret, and you are fully responsible for any activity that occurs on your account when accessed with those credentials.

Access and use

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not:

interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our Website;
interfere (or attempt to interfere) with security-related or other features of our Website; or
use, copy or distribute (or attempt to use, copy or distribute) content without our express written permission.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Website by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the Australian Consumer Law applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the Australian Consumer Law. You agree that our liability for the Website provided to an entity defined as a consumer under the Australian Consumer Law is governed solely by the Australian Consumer Law and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Website) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

If you purchase a vehicle from Carma, that sale is subject to the separate terms and conditions for sale.

Intellectual property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Third party websites

The Website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

We may link you to, or ask you to use third-party services for the purposes of completing your purchase with us. When this occurs, any collection notices or terms are subject to the terms of the third party in addition to these Terms.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about the Website, our Content, or content provided by third parties, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.

Liability and indemnity

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Website and/or our Content and/or any inaccessibility of, interruption to or outage of the Website and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of the Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

General

Relationship of parties

These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Governing law and jurisdiction

The agreement formed when you accept these Terms is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

B. Terms & Conditions for Sale of Used Car

These Terms dictate the entire Agreement between you (Purchaser) and us (Carma). Carma, we, us or our means ClickCar Australia Pty Ltd (ABN 34 648 842 362). Carma is a licensed motor car trader under New South Wales Motor Cars Dealer Licence Number MD087139 and a licensed motor vehicle repairer under New South Wales Motor Vehicle Repairer Licence Number MVRL59465.

1. Purchaser's Legal Rights

The Purchaser's purchase of the Car is subject to certain laws including, without limitation, the Australian Consumer Law and the Motor Dealers and Repairers Act 2013 in New South Wales (Motor Car Traders Legislation).

The Australian Consumer Law provides you as the Purchaser with certain rights that cannot be excluded, including that the Car must be of acceptable quality, reasonably fit for any disclosed purpose or the purpose that Carma represents that it will be fit for and that the Car will correspond with any relevant description.

The Motor Car Traders Legislation provides the Purchaser with certain rights including the cooling-off rights (described below), which apply in some circumstances to cars bought from licensed motor car traders.

Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy granted or implied by law which cannot by law be excluded, restricted or modified, including the Australian Consumer Law and the Motor Car Traders Legislation.

2. Terms of Purchase

The Purchaser warrants that they have legal capacity to enter into this Agreement and are above the age of 18 years.

The Purchaser acknowledges that, in relation to a Car purchased from Carma, the purchase price for the Car is payable to Carma. Registration fees, registration transfer fees, stamp duty and any other applicable fees and charges in accordance with applicable State and Commonwealth legislation and regulations are the responsibility of the Purchaser and are payable directly to the relevant State government authority. Duties, registration fees and transfer fees (if applicable) are subject to change by the State in which the registration and transfer of the Car is to be registered.

The purchase details are specified on the Contract of Sale and includes the make, model, price and delivery details for the Car.

If a cooling off period applies to the purchase of the Car, that cooling off period is further described in these Terms.

The Purchaser agrees to share its contact details with Carma for the purposes of effecting the purchase of the Car and the other purposes described in the Carma Privacy Policy.

Prior to Completion, Carma confirms that the Car:

a. will have undergone a comprehensive mechanical inspection, road-test and detailing inside and out; and

b. have a current Roadworthy Certificate issued.

The Purchaser acknowledges that the Car may previously have had other uses including as a lease or rental car and/or have had multiple users or owners. The Purchaser acknowledges that a used car will not be free from wear and tear or imperfection, and Carma cannot be held liable for the cost of any repair of wear and tear. The Purchaser also acknowledges and understands that while Carma uses its best efforts to ensure its postings are accurate, the details and specifications of each vehicle may differ from those in the vehicle delivered to you. If the Purchaser accepts the Car on delivery, they accept the vehicle in the condition it has been delivered in and with all features it has been delivered with, and release Carma from any further action. The Purchaser retains their rights under the 7 Day Money Back Guarantee (provided they meet the criteria in these terms) as well as any statutory warranties that cannot be excluded at law.

To the extent permitted by law, Carma does not accept any liability in relation to photos of Cars. Although Carma has made every effort to display the Car accurately on its online platform, the Car's actual appearance may vary from the images and representations on the Carma online platform.

The Purchaser acknowledges that they have conducted their own research and made necessary independent inquiries to assess the suitability of the vehicle, and have not relied on the Carma online platform as the sole basis for any decision to purchase the Car. Carma does not make any representation, warranty or undertaking that any Car is, or will not be, subject to a manufacturer's recall notice at the point of sale or at any time in the future.

Carma may cancel the agreement for sale at any time and for any reason, provided they are complying with their obligations at law and the terms of this Contract. The Sale Agreement is governed by and is to be construed under the laws in force in New South Wales.

3. Price and Payments

The Purchaser can only pay for the Car by the credit cards and/or other payment methods agreed by Carma.

Carma uses third party platforms including Adyen (adyen.com) as a credit card payment gateway. The Purchaser understands and agrees that they may also be subject to any terms and conditions required by those third party platforms. The Purchaser acknowledges that all credit card fees and other applicable payment processing fees have been disclosed to the Purchaser before the Purchaser acknowledges acceptance of the terms of the Sale Agreement and that these amounts are non-refundable under the Sale Agreement.

4. Completion

For completion to occur at Delivery, Carma will provide to the Purchaser

the Car;
any necessary documentation (if any) required in order to transfer the ownership and registration of the Car to the Purchaser;
all of the Car’s keys in possession of Carma at the time of Purchase (master/s and copies);
the service history, owners' manual and service books for the Car (if available);
any accessories; and
any other documents or items reasonably required by the Purchaser in relation to the transfer of the Car.

For completion to occur, Carma must have received in cleared funds, the Total Including GST.

5. Odometer Reading

The Purchaser acknowledges that:

a. the Car is a second-hand vehicle that has been owned by third parties and may have had multiple users that are not Carma; and

b. Carma is unable to confirm with absolute certainty that the odometer:

i. reading is true and correct and correctly evidences the distance travelled by the Car; or

ii. has not been previously replaced.

c. the Car may have a different odometer reading on delivery than that listed at the time of purchase, though Carma will endeavour to provide accurate and timely readings.

To the fullest extent permitted by law, Carma makes no representation, warranty or undertaking with respect to the accuracy of the odometer reading or whether the odometer has been replaced.

6. Retention of Title

It is expressly agreed between the Purchaser and Carma that the title to the Car in no circumstances passes to the Purchaser until Carma has received full and cleared payment for the Car as provided in the Sale Agreement.

Until Carma has received full and cleared payment for the Car, Carma is entitled to the immediate possession of the Car without notice to the Purchaser and the Purchaser hereby authorises Carma to enter any premises owned or controlled by the Purchaser for the purpose of repossessing the Car. For this purpose the Purchaser irrevocably licenses Carma to enter such premises and also indemnifies Carma from and against all Loss by any party arising from such action except to the extent that the Loss is caused by the negligent or wilfully reckless acts or omissions of Carma.

If the Purchaser is in default under the Sale Agreement, Carma may, notwithstanding that title in the Car has not passed to the Purchaser and insofar as is possible by law, claim and recover the balance of any monies outstanding under the Sale Agreement and any expenses and costs and interest incurred as a consequence of the Purchaser’s default.

7. Commission

The Purchaser acknowledges and agrees that Carma may pay commissions to third parties and receive commissions from third parties in connection with the Sale Agreement.

8. 7-Day Money Back Return

If the Purchaser has a change of mind in respect of the Car that it purchases from Carma and Carma determines that it is eligible for the “7-Day Money Back Return”, Carma may offer to purchase such Car back from the Purchaser (the “7-Day Money Back Return”).

Eligibility for the “7-Day Money Back Return”, is determined as follows:

a. Carma must have received the Total Including GST in cleared funds;

b. the Purchaser must give Carma notice within 7 days of Delivery that the Purchaser wishes to exercise the 7-Day Money Back Return benefit (Notification Date);

c. the Car must not have travelled more than 500 kilometres since the time of Delivery. If the Car has travelled more than 500 kilometres since the time of Delivery, Carma may either charge an excess mileage fee of $1 per kilometre in excess of 500 kms, or Carma may determine that the Car is not eligible for the 7 Day Money Back Return;

d. there must be no changes to the condition of the Car, compared to the condition evidenced by the condition report at the time of Delivery (and have not been in any serious accidents, or show signs of significant wear and tear). The re-inspection will happen at the place agreed by Carma and the report will be shown for transparency;

e. the Purchaser must return all Car keys, any accessories, the Car's log-book and all other original documentation in relation to the Car;

f. the Purchaser must not be in breach of any provision of the Sale Agreement;

g. the Car must not have been involved in any criminal activity;

h. the Purchaser must not have requested more than two 7 Day Money Back Returns in a 12 month period;

i. the Purchaser must have complied with each of the Purchaser Obligations detailed below.

If a Purchaser does not satisfy any provision of this clause, Carma may determine in its absolute discretion (but acting reasonably) whether the Purchaser is eligible for the 7-Day Money Back Return.

Where the Purchaser is deemed eligible for the 7-Day Money Back Return and Carma originally arranged the finance for the vehicle’s purchase through one of Carma’s preferred financiers, then Carma may, in its sole discretion, cover some or all of the cost of cancellation fees (and associated charges) charged by that financier to administer the cancellation of the finance contract. These charges may include administration fees and accrued interest. For the avoidance of doubt, if Carma has not arranged the financing for the Purchaser, then Carma will not pay any cancellation fees and charges, even if the financier is one of the lenders on Carma’s panel. Carma does not operate as a licensed financier.

9. Purchaser Obligations during the 7-Day Money Back Return period

a. The Purchaser is responsible for any infringements of road or traffic laws (including parking fines, tolls, speeding fines, mobile phone laws, seatbelt laws) committed while the Purchaser has possession of the Car.

b. The Purchaser must ensure the Car is comprehensively insured during the 7-Day Money Back Return period and the Car must remain registered (either in the name of the Purchaser or Carma).

c. The Purchaser must not:

i. transfer or purport to transfer registration of the Car; or

ii. grant or issue any charge, security or other encumbrance over the Car other than as notified in advance to Carma.

d. The Purchaser must advise Carma of any repaired damage to the Car.

e. The Purchaser will provide Carma with all documents reasonably requested by Carma including identification documents, bank account details and details of third party financing arrangements.

f. The Purchaser must provide all reasonable assistance to Carma to facilitate collection of the Car. Carma will only arrange the collection of the Car from the same location as the Car was delivered. In the event that Carma arranges the collection and the Purchaser is unable to attend at the agreed time and place, the Purchaser may be liable for a redelivery fee. If the Car is not available for recollection within 14 days of the Purchaser indicating that it wishes to return the Car, Carma may refuse the return of the Car.

g. The Purchaser is responsible for ensuring all personal belongings are removed from the Car prior to collection, including removing personal data from the Car’s systems.

h. If the Purchaser has paid for the Car by using funds provided by a third party financier, the Purchaser must ensure the car is returned unencumbered, including the cancellation of any financing arrangement if applicable. The Purchaser is responsible for all Loss, costs and charges associated with cancelling the financing arrangement and providing Carma with clear title to the Car, including ensuring that the Car is free from all charges, securities or other encumbrances over the Car. Where possible, Carma will provide all documentation to the Purchaser or financier (as required) to enable the Purchaser to cancel the financing arrangement.

Provided that the Purchaser meets its obligations under this clause and provided that the Purchaser has allowed Carma to collect the Car and completes any required documentation the Purchaser (or its third party financier where relevant) will be refunded an amount in accordance with the terms of the 7 Day Money Back Return (excluding any fees, costs or charges that are incurred by Carma as part of the transaction due to an act or omission of the Purchaser which, for the avoidance of doubt, will not be refunded). Payment will be processed within 7 days from the date the Car is collected, subject to the conditions of this clause being satisfied.

10. Refunds

Where Carma determines that the Purchaser is eligible to receive a refund, the refund will only be effected in accordance with the following requirements:

Credit card / debit card - refunds for payments made via credit or debit will only be refunded to the credit or debit card used to make the purchase. Refunds to credit cards are exclusive of any merchant fees, and Carma cannot be held responsible for the charging and/or return of these fees.
Electronic Funds Transfer (EFT) - refunds for payments made via EFT will only be refunded to the bank account used to make the purchase via EFT.
Third party financier - refunds for payments received via a third party financier will be only refunded to that third party financier.

The Purchaser indemnifies Carma for all Loss that Carma directly or indirectly sustains or incurs as a result of:

a breach of the Purchaser’s obligations during the 7 Day Money Back Return period; and
any act or omission of the Purchaser whilst the Car is in its possession during the 7 Day Money Back Return period.

If the Purchaser provided a trade-in vehicle as part of the purchase, the trade-in vehicle will not be returned as part of the 7 Day Money Back Return and as such remains the property of Carma. Carma will instead refund the original Total price of the vehicle (less any charges and costs as per above).

If Carma determines to honour the 7 Day Money Back Return and the Car being returned requires damage repair due to an accident or otherwise, Carma may accept the return of the Car however the Purchaser acknowledges and agrees that the amount required to rectify the repair, as well as loss in value as a result of such damage, may be offset, at the discretion of Carma, against the Total Including GST or Net Trade In Allowance (as applicable) to be paid by Carma to the Purchaser in favour of Carma.

For the avoidance of doubt, nothing in the 7-Day Money Back Return affects, modifies or excludes the rights and remedies available pursuant to the ACL. The 7-Day Money Back Return is in addition to the other rights and remedies and will apply where the Purchaser is not otherwise protected under the ACL.

11. Trade in Conditions

Where the purchase involves a Trade-in Car (provided Carma has accepted the Trade-in, in their absolute discretion) then the amount allowed for the trade-in (Net Trade-in Allowance) must be deducted from the Total Including GST. The Net Trade-in Allowance will be the amount allowed on the Trade-in Car less any amount to be paid by Carma to discharge the interest of any other person or entity in the Trade-in Car.

The Trade-in Car must be delivered to Carma no later than the date of Delivery otherwise Carma will not deliver the Car to the Purchaser. The Purchaser’s interest in the Trade-in Car must pass to Carma:

a. on Completion; or

b. when the Purchaser has delivered the Trade-in Car to Carma and Carma has paid the Net Trade-in Allowance to the Purchaser or acknowledged in writing that this amount has been credited towards the Total Including GST, whichever occurs first.

The Customer shall, prior to receiving delivery of the Car, deliver the Trade-in Car along with any and all accessories, extras and attachments included at the time of valuation. In the event that the Trade-in Car is not in substantially the same condition as when valued by Carma, Carma may offer a reasonable variation to the Net Trade-in Allowance or else rescind the Contract.

Where the amount allowed on the Trade-in Car has been reduced by an amount to be paid by Carma to discharge the interest of any other person or entity in the Car, Carma will pay this amount to the other person or entity within 10 days of delivery of the Trade-in Car to Carma.

The Purchaser warrants that save for the finance or encumbrances set out on the Contract of Sale, the Trade-in Car including all extras and accessories now on or attached thereto are his or her sole and absolute property and are free from all or any other encumbrances whatsoever and the amount set out as payment on the Contract of Sale includes all monies owing or payable to any person, firm or corporation in respect of the Trade-in Car and all extras and accessories.

12. Delivery

If the Purchaser requests delivery of a Car, Carma will make reasonable effort to deliver the Car as specified in the Sale Agreement to the address and on or before the agreed upon delivery date and time. Carma will not be liable for any delay or loss whatsoever arising directly or indirectly from any delay or failure of delivery.

If the Purchaser requests delivery of a Car to an address outside Carma’s designated delivery area as determined by Carma’s website at the time of sale, Carma will:

a. have absolute discretion whether to accept the request and provide delivery as requested

b. if the request is accepted by Carma, Carma will make reasonable effort to deliver the Car as specified in the Sale Agreement to the address and on or before the agreed upon delivery date and time subject to the Purchaser paying the cost of shipping. Any shipping costs for delivery will be in addition to the Total Including GST and payable prior to Completion.

Carma reserves the right not to deliver to areas of difficult access or other areas at its reasonable discretion.

The Purchaser must take delivery of the Car within 7 days of being notified by Carma that the Car is ready for delivery. If the Purchaser fails to take delivery within this time, Carma may terminate the Sale Agreement by notice in writing.

Where delivery is delayed by more than 14 days by no fault of the Purchaser, the Purchaser may terminate the Sale Agreement by notifying Carma in writing, unless the delay is caused by the Purchaser.

Only the Purchaser, as the person specified in this Sale Agreement, is eligible to take receipt of the Purchaser’s Car on delivery. Upon delivery of the Car, the Purchaser must provide the Purchaser’s photographic Australian driving licence (or similar form of identification) to the Carma delivery provider to verify the Purchaser’s identity against the name specified in this Sale Agreement. Carma reserves the right not to deliver the Car if this identification is not provided when requested.

If the Purchaser will not be present to accept Delivery, the Purchaser must contact Carma by telephone, during business hours at least 1 business day prior to the scheduled delivery time to rearrange delivery. If the Purchaser fails to notify Carma of their inability to be present for delivery, or delivery cannot be completed due to Purchaser’s absence, Carma reserves the right to charge a re-delivery fee at its absolute discretion. Carma will use reasonable endeavours to contact the Purchaser on the day of the delivery in order to complete the delivery. Upon delivery of the Car, the Purchaser will be asked to confirm to the Carma delivery provider receipt of the Car and that it conforms to the details set out in the Sale Agreement. The Purchaser will be asked to sign a confirmation that the Purchaser has received and accepted the Car. Risk in the Car will pass to the Purchaser on Delivery.

13. Limitation of Liability

Nothing in this agreement is intended to have the effect of excluding:

a. any Consumer Guarantees; or

b. any other applicable law that cannot be excluded, restricted or modified by agreement of the parties, (collectively Non-Excludable Rights).

To the maximum extent permitted by law, Carma excludes any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage.

Carma excludes any liability for Consequential Loss however arising. This limitation does not apply to limit Carma's liability in respect of the Non-Excludable Rights.

To the maximum extent permitted by law, the liability of Carma in respect of a Defective Car, breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) or for any other Loss or Claim however arising, is limited to one of the following at Carma’s sole discretion:

a. the replacement of the Car or the supply of an equivalent car;

b. the repair of the Car;

c. the payment of the cost of replacing the Car or of acquiring an equivalent car; or

d. the payment of the cost of having the Car repaired.

14. Force Majeure Events

Carma will not be liable for any delay or failure to perform its obligations under this Sale Agreement if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, and Government sanctioned restrictions and orders, whether known or unknown at the time of entering into this Sale Agreement) (Force Majeure Event).

15. Subject to Finance

Where the Sale Agreement is subject to the Purchaser obtaining finance, the Sale Agreement is conditional upon the Purchaser obtaining finance approval.

The Purchaser agrees to take all reasonable steps towards obtaining finance approval and to notify Carma as soon as practicable of the outcome of the Purchaser’s finance application.

If the Purchaser does not obtain finance approval then either party may immediately terminate the Sale Agreement by giving the other party notice in writing.

16. Cooling Off Period – applicable only where finance arranged through Carma

This Sale Agreement is governed by the laws of New South Wales and the following prescribed cooling off rights apply to the Purchaser under the Motor Dealers and Repairers Act 2013 (NSW):

i. You are signing a contract to buy this vehicle. If finance for the purchase is being provided by Carma or Carma is arranging or facilitating the provision of credit through a linked credit provider, you may take advantage of the cooling off period. This is the period in which you may change your mind about buying this vehicle and terminate the Sales Agreement.

ii. You have the right to decide within one business day of signing the contract not to proceed with the purchase and to terminate the sale agreement. You may take this action up until the end of the cooling off period. The period ends at 5pm on the next business day after you sign the contract. If Carma closes before 5pm on the next business day after you have signed the contract, the cooling off period ends at the close of business on the next day that Carma is open for business.

iii. You may terminate the contract by giving a written notice to Carma. You will not be able to take possession of the vehicle during the cooling off period unless Carma agrees. If Carma has agreed to let you take possession of the vehicle during the cooling off period, you may still terminate the contract.

iv. If you terminate the contract during the cooling off period, you will have to pay Carma $250.00 or 2% of the purchase price, whichever is the lesser amount. You will also have to repay Carma any amount paid for a trade-in. You will also be required to return the vehicle if you have taken delivery of it.

You may waive your right to a cooling off period. Should you waive your right to a cooling off period, you will lose your right to terminate the Sale Agreement.

17. Termination

Where the Sale Agreement is lawfully terminated by Carma due to a breach of the Sale Agreement by the Purchaser then:

i. the Purchaser must forfeit the amount of 4.5% of the Sale Price (“the forfeited amount”), unless expressly waived by Carma in their sole discretion;

ii. where an amount has been paid towards the Total Including GST and that amount exceeds the forfeitable amount then Carma must:

refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and
return any Trade-in Car to the Purchaser, and

iii. where an amount has been paid towards the Total Including GST and that amount does not provide Carma with the forfeitable amount and a Trade-in Car has been delivered to Carma then the Trade-in Car may be forfeited to Carma and the Purchaser credited with the Net Trade-in Allowance. If this amount and any other amount paid by the Purchaser exceeds the forfeitable amount then the excess must be refunded to the Purchaser.

Where the Sale Agreement is lawfully terminated by the Purchaser due to a breach of the Sale Agreement by Carma then Carma must:

i. refund to the Purchaser all money paid by or on behalf of the Purchaser; and

ii. return any Trade-in Car to the Purchaser.

Where the Sale Agreement is lawfully terminated by either the Purchaser or Carma due to this clause or for any reason other than a breach of the Sale Agreement then Carma must:

i. refund to the Purchaser all money paid by or on behalf of the Purchaser; and

ii. return any Trade-in Car to the Purchaser.

Where the Sale Agreement provides for Carma to return any Trade-in Car to the Purchaser but Carma has, with the prior written consent of the Purchaser, sold or agreed to sell the Trade-in Car then the Sale Agreement will be complied with if Carma pays to the Purchaser:

i. an amount equal to the Net Trade-in Allowance; or

ii. where the Purchaser or Carma have agreed on a value as the fair market value of the Trade-in Car - that agreed value less any trade-in payout made or to be made by Carma.

iii. Where Carma returns any Trade-in Car to the Purchaser and Carma has carried out repairs on the Car, then Carma must be entitled to an amount equal to the reasonable cost of those repairs incurred by Carma (which amount will be offset against the amount being refunded to the Purchaser).

Where either the Purchaser or Carma wishes to terminate the Sale Agreement in accordance with this clause they must give written notice to the other party of the decision to terminate.

Nothing in these clauses affects the rights and duties conferred by applicable State or Commonwealth Legislation or Regulations.

18. Non-exclusion of Statutory Warranties and Other Rights

The benefits conferred by the Sale Agreement and by Carma’s 7 Day Money Back Return are in addition to all other rights and remedies in respect of the Car which the Purchaser has under the ACL (including but not limited to the Statutory Warranty) and any other Commonwealth, State and Territory laws.

19. If the Car is covered by the Statutory Warranty

Subject to any statutory exclusions in respect of the Statutory Warranty, Carma warrants that if a defect appears in the Car before the end of the Warranty Period, Carma at its expense—

i. will arrange for the Car to be taken to a place where it can be repaired or made good; and

ii. will repair or make good, or cause to be repaired or made good by another motor car trader or by a qualified repairer, the defect, so as to place the car in a reasonable condition having regard to its age.

To make a claim upon this warranty the Purchaser must contact Carma by telephone during business hours.

The warranty period for New South Wales is whichever of the following periods is shorter:

a. the period from when the Car is delivered to the Purchaser until it has been driven for a further 5,000 kilometres; or

b. the period of 3 months from the day after the Car is delivered to the Purchaser, (Warranty Period).

The benefits to the Purchaser given by this Statutory Warranty are in addition to other rights and remedies of the consumer under the ACL.

20. If the Car is not automatically covered by the Statutory Warranty

Carma does not have any obligation under State legislation to repair or make good any defects after delivery. However, Carma may have other obligations under other legislation including the ACL.

21. Inconsistency

If there is any inconsistency between the provisions on the Contract of Sale and the other terms and conditions of the Sale Agreement, the provisions specified on the Contract of Sale will prevail.

22. Privacy

For details regarding how Carma collects, uses, shares and otherwise processes the personal information that the Purchaser provides to Carma, please see the Carma Privacy Policy.

23. Notices

All notices required by this Sale Agreement may be given by direct communication, telephone, electronically, or post to the addresses and numbers included in this Sale Agreement.

If sent by post, a notice will be considered to have been received, unless the contrary is shown, at the time when the notice would have been delivered in the ordinary course of the post.

24. Electronic execution

A party may execute this Sale Agreement by affixing a digital signature. A party who receives a copy of this document that appears to have been executed by affixing a digital signature(s) in accordance with the Electronic Transactions Act 1999 (Cth) or any equivalent State or Territory legislation may assume that such execution was validly and lawfully performed by the other party.

25. Definitions

Unless the context otherwise requires:-

a. “7-Day Money Back Return” has the meaning given in clause 8

b. “ACL” or “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law);

c. “Car” means the car described on the Contract of Sale;

d. "Carma" means ClickCar Australia Pty Ltd (ABN 34 648 842 362) trading as “Carma” - and licensed under New South Wales Motor Cars Dealer Licence Number MD087139 and licensed under New South Wales Motor Vehicle Repairer Licence Number MVRL59465;

e. "Claim" means any claim, demand, legal proceeding or cause of action, however arising, including one that is based in contract or tort (including negligence), under common law, equity or statute and whether involving a third party or a party to the Sale Agreement or otherwise;

f. "Completion" has the meaning provided in 4;

g. "Consequential Loss" means any loss of revenue, loss of income, loss of business, loss of profits, loss of production, loss of or damage to goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, losses arising from claims by third parties, loss of or damage to credit rating, loss of anticipated savings, loss or denial of opportunity or any other loss, damage, cost or expense incurred by a party or any other person that is indirect or consequential;

h. "Consumer Guarantee" means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law;

i. "Contract of Sale" means the document setting out particulars in relation to the sale of the Car by Carma;

j. "Defective Car" means a Car that does not comply with the Sale Agreement;

k. "Delivery" has the meaning provided in clause 13;

l. "Motor Car Traders Legislation" has the meaning provided in clause 1;

m. "Net Trade-in Allowance" has the meaning provided in clause 12;

n. "Non-Excludable Rights" has the meaning provided in clause 14;

o. "Loss" means any losses, liabilities, damages, costs, charges or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct or indirect (including Consequential Loss), fines and penalties;

p. "Purchaser" means you, the Purchaser described on the Contract of Sale;

q. "Sale Agreement" means this Agreement which consists of the details on the Contract of Sale and the Terms and Conditions set out;

r. "State" means a state or territory of Australia;

s. "Statutory Warranty" means the used car statutory warranty in respect of the Car (as applicable) as set out in the relevant Motor Car Traders Legislation;

t. "Total Including GST" means the total price payable by the Purchaser described on the Contract of Sale;

u. "Trade-in Car" means the Car described on the Contract of Sale; and

v. "Warranty Period" has the meaning given in clause 20.

C. Carma Referral Program

The terms and conditions of this agreement (Agreement) prescribe the terms governing the arrangement entered into between the Parties to qualify for the referral incentive (Referral Incentive) in exchange for new customer referrals to Carma.

The customer making the referral (Referrer) and the new customer who has been referred (Referred) agree to be bound by this Agreement.

1. Referral

i. The Referrer has been provided with five referral codes (Codes) to pass on to potential new customers. Each Code is valid for one (1) use and will expire 12 months after issue.

ii. A Referral will be deemed to have taken place when:

a. A Code has been provided by the Referred in conjunction with the purchase of a vehicle through Carma’s platform;

b. Carma has determined to its own sole satisfaction that the Referred is a new customer;

c. The Purchase has been completed (whether fully paid by customer or on finance);

d. The Referred has completed the 7-day Money Back Return Period without returning the vehicle to Carma and the sale is finalised.

iii. Carma is not obliged to accept any customer referred by the Referrer.

2. Method of Referral

i. Referred will provide a Code to Carma during the purchase process, and Carma will apply the discount where the customer meets the relevant criteria.

ii. Carma may independently verify the prospect as a new customer and provide the Referrer with a confirmation email that the referral is approved.

3. The Incentive

i. The Referral Incentive will be:

a. For the Referrer, an AUD$100 gift card (as selected at the absolute discretion of Carma);

b. for the Referred, an AUD$500 discount from the final purchase price of the vehicle.

ii. Carma retains the right, at its complete discretion to alter or amend the Referral Incentive.

4. Privacy Protection

Carma agrees to keep information confidential in accordance with its Privacy Policy that can be found at https://carma.com.au/privacy-policy

5. No Agency

i. This Agreement does not create any legal or fiduciary relationship between the parties.

ii. Referrer, its employees, servants or agents must not represent, convey or in any way make out to be an agent, partner, representative, employee, contractor or affiliate of Carma.

iii. Neither party shall have any right, authority or permission to legally bind the other party to any contract, arrangement or obligation.

6. Liability and Indemnity

i. Carma and its respective Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (Related Bodies Corporate) and their directors, officers, employees and agents will not be liable for any losses, claims, costs or damages suffered or incurred by Referrer or Referred arising out of or in connection with this agreement, and the performance or non-performance of the Services, whether based on an action or claim in contract, tort (including negligence), breach of statute or otherwise.

ii. The Referrer and/or Referred agrees to indemnify Carma against any loss, damage, liability or expense suffered or incurred by Carma or any of its officers, employees, agents or Related Bodies Corporate arising directly or indirectly out of or in connection with:

a. a breach of this agreement by the Referrer and/or Referred as appropriate;

b. any representation or information which is inconsistent to that made publicly available by Carma or provided to it by Carma; or

c. any act or omission of the Referrer or Referred.

iii. It is not necessary for the indemnified party to incur expense or make payment before enforcing a right of indemnity in terms of this clause 8.

iv. The indemnities in this clause 7 survive the termination of this agreement

7. General Provisions

i. Carma may amend this Agreement via their website (http://carma.com.au) at any time in their sole discretion.

ii. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable, then such provision will be fully severed and the Agreement will be construed and enforced without that severed provision.

iii. The rights created under this Agreement are non-assignable.

iv. The Referrer and Referred agree to be bound by Carma’s General Terms and Conditions and Privacy Policy.

Last updated: 11 August 2022