This website (Website) is operated by Carma Auto Pty Ltd (ABN 34 648 842 362) (we, our, us or Carma). The Website is available at https://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, any transaction you have with Carma, and Carma’s referral program. Carma and you will be collectively referred to as the Parties or separately as a Party throughout these Terms.
The Purchase of a Car through Carma, and the sale of a Car to Carma, are subject to the Terms, and, as appropriate:
Your Purchase or Sale may also be subject to the NRMA Partnership Terms and Conditions, available here.
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 the Terms, then you must cease using the Website immediately. We may change these Terms at any time where changes are reasonably necessary to protect our legitimate business interests, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
By using this Website, you unreservedly accept these Terms, the Carma Privacy Policy and the Carma Privacy Collection Notice. You agree that these Terms, our Privacy Policy and our Privacy Collection Notice will apply whenever you visit the Website. The documents can be found here:
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 We do not undertake to keep the Website up-to-date, and we are not liable if any Content is inaccurate or out-of-date.
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 and Privacy Collection Notice). 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.
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:
We may refer any potentially 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.
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 a Contract of Sale.
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:
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.
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:
To the maximum extent permitted by law, we are not responsible for 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 (Loss) 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 Loss suffered or incurred by us arising from or in connection with your negligent or unlawful 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 Loss before enforcing a right of indemnity under these Terms. Notwithstanding any other provision of these Terms, neither Party shall have any liability for any Consequential Loss.
Unless the context otherwise requires:
These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
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. ---
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. Carma is engaged in the business of buying and selling used cars. Any transaction with Carma is subject to the Terms, as well as a Contract of Sale (where you are purchasing a Car from Carma) or a Seller’s Declaration (where you are selling a Car to Carma).
Your Purchase of the Car is subject to certain laws including, without limitation, the Australian Consumer Law and the 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 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.
You warrant that you have legal capacity to enter into a legally binding contract and are 18 years or older. You acknowledge that, in relation to a Car purchased from Carma, the 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. You agree to share your contact details with Carma for the purposes of effecting the Purchase of the Car and the other purposes described in the Carma Privacy Policy and Privacy Collection Notice. Prior to the final resolution of the sale (Completion), Carma confirms that the Car has a current Roadworthy Certificate issued.
You understand and acknowledge:
If you or someone acting on your behalf accept the Car on Delivery, you accept the Car 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 Return (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 warrants that they have conducted their own research and made necessary independent inquiries to assess the suitability of the Car, 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 Contract of Sale before delivery if a material event occurs outside its reasonable control that prevents Completion, provided they are complying with their obligations at law and these Terms.
You 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. You understand and agree that you may also be subject to any terms and conditions required by those third party platforms. You acknowledge that all credit card fees and other applicable payment processing fees have been disclosed to you and that these amounts are non-refundable under these Terms.
For Completion to occur at Delivery, Carma will provide to you:
For Completion to occur, Carma must have received in cleared funds, the Price.
You understand and acknowledge that:
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.
It is expressly agreed between you 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 Contract of Sale. Until Carma has received full and cleared payment for the Car, Carma is entitled to the immediate possession of the Car. The Purchaser hereby authorises Carma to enter any premises owned or controlled by the Purchaser for the purpose of repossessing the Car after Carma has given the Purchaser at least 48 hours’ notice of its intention to repossess 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 any unlawful action of the Purchaser, and except to the extent that the Loss is caused by the negligent or wilfully reckless acts or omissions of Carma. If you are in default under the Contract of Sale, 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 Contract of Sale and any expenses and costs and interest incurred as a consequence of the Purchaser’s default.
You acknowledge and agree that Carma may pay commissions to third parties and receive commissions from third parties in connection with the Contract of Sale.
If you request Delivery of a Car, Carma will make reasonable effort to deliver the Car as specified in the Contract of Sale 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 you request 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:
Carma reserves the right not to deliver to areas of difficult access or other areas at its reasonable discretion. You must take Delivery of the Car within 7 days of being notified by Carma that the Car is ready for Delivery. If you fail to take Delivery within this time, Carma may terminate the Contract of Sale by notice in writing. Where Delivery is delayed by more than 14 days by no fault of you, you may terminate the Contract of Sale by notifying Carma in writing. Only the Purchaser, as the person specified in the Contract of Sale, is eligible to take receipt of the Car on Delivery. Where the Purchaser is a company, the directors may sign a Letter of Authority to authorise an individual to collect the Car. Upon Delivery of the Car, you must provide your photographic Australian driving licence (or similar form of identification) to the Carma delivery provider to verify your identity against the name specified in the Contract of Sale. Carma reserves the right not to deliver the Car if this identification is not provided when requested. If you will not be present to accept Delivery, you must contact Carma by telephone, during business hours at least 1 business day prior to the scheduled delivery time to rearrange Delivery. If you fail to notify Carma of your inability to be present for Delivery, or Delivery cannot be completed due to your absence, Carma reserves the right to charge a re-delivery fee at its absolute discretion. Carma will use reasonable endeavours to contact you on the day of the Delivery in order to complete the Delivery. Upon Delivery of the Car, you 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 Contract of Sale. You 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.
As part of your Purchase of a Car from Carma, you may offer to trade-in a used vehicle (Trade-In Car) to Carma in exchange for a deduction from the Price. Carma may accept the Trade-In Car in its sole discretion, and is under no obligation to accept the offer of a trade-in. Where Carma accepts the Trade-In Car, then the amount allowed for the trade-in (Net Trade-in Allowance) will be deducted from the Price. 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.
Your interest in the Trade-In Car must pass to Carma:
You 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 refuse to handover the Car until a reasonable variation to the Net Trade-in Allowance as determined by Carma is paid by the Purchaser, or else Carma may rescind the Contract of Sale. 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. You warrant 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 your 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.
If you have a change of mind in respect of the Car that you purchase 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:
If you do not satisfy any provision of this clause, Carma may determine in its absolute discretion (but acting reasonably) whether you are eligible for the 7-Day Money Back Return. Where you are deemed eligible for the 7-Day Money Back Return and Carma originally arranged the finance for the Car’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.
You acknowledge and agree:
Provided that you meet the Purchaser Obligations and provided that you have allowed Carma to collect the Car and completed any required documentation, you (or your 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.
Where Carma determines that the Purchaser is eligible to receive a refund, the refund will only be effected in accordance with the following:
The Purchaser indemnifies Carma for all Loss that Carma directly or indirectly sustains or incurs as a result of:
If you provided a Trade-In Car 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 you acknowledge and agree 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 Price or Net Trade-in Allowance (as applicable) to be paid by Carma to you 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 Australian Consumer Law (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.
Where the Contract of Sale is subject to you obtaining finance, the Purchase is conditional upon you obtaining finance approval. You agree to take all reasonable steps towards obtaining finance approval and to notify Carma as soon as practicable of the outcome of your finance application. If you do not obtain finance approval then either Party may immediately terminate the Contract of Sale by giving the other Party notice in writing.
The Contract of Sale is governed by the laws of New South Wales and the following prescribed cooling off rights apply to a Purchaser under the Motor Dealers and Repairers Act 2013 (NSW):
The benefits conferred by the Contract of Sale and by Carma’s 7-Day Money Back Return are in addition to all other rights and remedies in respect of the Car which you have under the ACL (including but not limited to the Statutory Warranty) and any other Commonwealth, State and Territory laws.
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:
To make a claim upon this warranty you must contact Carma by telephone during business hours. The warranty period for New South Wales is whichever of the following periods is shorter:
The benefits to the Purchaser given by this Statutory Warranty are in addition to other rights and remedies of the consumer under the ACL.
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.
Where you are selling a Car to Carma, the Sale is governed by these Terms and the applicable Seller’s Declaration.
You warrant that you have legal capacity to enter into a legally binding contract and are 18 years or older. You acknowledge that, in relation to a Car sold to Carma, the Price for the Car is receivable from Carma. The details of the Sale are specified on the Seller’s Declaration and includes the make, model, Price and pick up details for the Car. You agree to share your contact details with Carma for the purposes of effecting the Sale and the other purposes described in the Carma Privacy Collection Notice. Prior to Completion of the Sale, Carma will issue you Seller’s Declaration.
You will complete the Seller’s Declaration and warrant that the Car:
It is your responsibility to provide all relevant documentation requested (which could include registration papers, service history logbooks, finance payout letters, and other documentation as reasonably requested by Carma as the purchaser).
You warrant that you have not misrepresented the Car, its condition, its encumbrances, or its financing. You indemnify Carma for any Loss resulting from or in connection with any misrepresentation by you, and you agree that Carma may terminate the Sale immediately in the event that Carma considers, acting reasonably, that there has been a misrepresentation or incorrect statement.
Carma may cancel the Sale before delivery if a material event occurs outside its reasonable control that prevents Completion, provided they are complying with their obligations at law and the Terms.
The Parties acknowledge and agree that they have agreed to the Price in good faith, and that any valuation provided was only indicative in reaching the Price.
Carma will transfer an initial deposit amount (via bank transfer) to ensure the bank account details are correct, prior to transferring the remaining balance. Should the initial payment not be received, Carma is not responsible for paying the remaining balance and will not take possession of the Car.
For Completion to occur at handover, you will provide to Carma:
You acknowledge and warrant that:
It is expressly agreed between you and Carma that the title to the Car in no circumstances passes to Carma until Carma has paid the full Price.
Once Carma has taken possession of the Car, and it has accepted that the Car meets the expectations of the Seller’s Declaration, the Seller will not be entitled to request the return of the Car.
This section C applies in addition to section A and B as applicable to you and your association with Carma.
Nothing in these Terms 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 these Terms 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 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.
Carma will not be liable for any delay or failure to perform its obligations under these Terms 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 these Terms) (Force Majeure Event).
If there is any inconsistency between the provisions on the Contract of Sale and the Terms, the provisions specified on the Contract of Sale will prevail. Where there is inconsistency between the Seller’s Declaration and the Terms, the provisions of the Terms will prevail.
For details regarding how Carma collects, uses, shares and otherwise processes the personal information that you provide to Carma, please see the Carma Privacy Policy and Carma Privacy Collection Notice.
All notices required by the Terms may be given by direct communication, telephone, electronically, or post to the addresses and numbers included in these Terms. 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.
A Party may execute an agreement with Carma 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.
These Terms are governed by the laws of New South Wales, Australia, and are subject to the courts of New South Wales, Australia.
These terms 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 these Terms.
Referred will provide a Code to Carma during the purchase process, and Carma will apply the discount where the customer meets the relevant criteria. Carma may independently verify the prospect as a new customer and provide the Referrer with a confirmation email that the referral is approved.
Carma agrees to keep information confidential in accordance with its:
These Terms do not create any legal or fiduciary relationship between the Parties. The Referrer, its employees, servants or agents must not represent, convey or in any way make out to be an agent, partner, representative, employee, or affiliate of Carma. Neither Party shall have any right, authority or permission to legally bind the other Party to any contract, arrangement or obligation.