By Registering to use this application YOU admit and agree that you have read, understood, accept and are legally and contractually bound by all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below.

Your use of this Application is subject to the following terms and conditions.

 

Terms and Conditions

THIS AGREEMENT is a legal document that sets out your rights and obligations in respect of the services offered by FLICAR PTY LTD (ACN 642 211 158) (“Flicar”).

By registering, accessing and using this Application you agree to be and are bound by the Terms and Conditions of this agreement.  Flicar may amend this agreement at any time in Flicar’s absolute discretion by posting the amendments to the terms on the Application.

 

BACKGROUND

The Parties to this Agreement are Flicar and you.
Flicar is the legal owner of the Application used to sell and/or purchase vehicle/s by third parties.
By registering to use the Application, you have requested and Flicar has agreed to licence you the use the Application for the sole purpose of buying and/or selling vehicles.

 

OPERATIVE PROVISIONS

1.      DEFINITIONS & INTERPRETATIONS

1.1    In this Agreement except where the context otherwise requires:
“Agreement” means the terms and conditions contained in this agreement and Flicar’s Privacy Policy that forms the entire agreement between you and Flicar regarding the use of the Application by you;

“Application” means the software program/s owned by Flicar and downloaded by you through an Application Store to your device, websites or otherwise, named Flicar;

“Application Store”  means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Applications can be downloaded by you;

“Buyer” means a user registered on the Application for the purpose of purchasing a Vehicle;

“Buyer Fee” means the fee payable to Flicar by you when purchaser a vehicle using the Application as a Buyer.

“Claims” includes any claim, proceeding, suit or demand of any nature howsoever arising including in relation to or in connection with this Agreement or your use of the Application whether present or future, fixed or  unascertained, actual or contingent, whether at law, in equity, under statute or otherwise.

“Content” refers to all content posted, uploaded, linked or otherwise made available by a Seller to the Application, regardless of the form of that content and includes text, images and any other information included solely by the Seller.

“Licence” means a revocable, exclusive, non-transferable, and limited license to download, install and use the Application strictly in accordance with the terms of this Agreement

“Loss” includes direct and indirect losses, damages, liabilities, costs, expenses, Claims, remedies, matters or actions inclusive of all legal fees and disbursements (on a full indemnity basis) however arising, directly or indirectly.

“Offer” means an offer, conditional or otherwise, by a Buyer to pay an amount for a vehicle listed on the Application;

“Seller” means a user of the Application who lists a vehicle for sale on the Application;

“Third-Party Services” means any services or content (including but not limited to any data, valuations, information, applications and other products services) provided by a third-party that may be displayed, included or made available through the Application.

“User/s” means all persons who download and register to use the Application and includes you, the seller and buyer;

“Vehicle” means any car, truck, motorbike, or other motorized vehicle which is listed on the Application for sale.

“You” (referred to as either “You” or “Your” in this Agreement) means the individual, company, association, partnership or any other legal entity using the Application.

 

2.     Registration

2.1    A User must register to use the Application and provide to Flicar the User’s legal name, address for service, a valid mobile telephone number, a             valid email address, and a current Australian Business Number (“ABN”) and/or Australian Company Number (“ACN”).

2.2    Flicar may validate your mobile telephone number, email address ABN and/or ACN and if so validated Flicar will issue you with a username and       password enabling you to use the Application.

2.3     Your user name and password is personal to you and you must not divulge your user name or password to any other person or entity.

2.4     By the issue of your user name and password, Flicar licences you to use the Application strictly in accordance with the terms and conditions contained in this Agreement.

 

3.      Users Warranties

By you accessing and using the Application you represent, warrant and agree that:

3.1    all information, text, material, graphics and advertisements on this site is protected by Australian and International copyright and trademarks;

3.2    this Application contains hyperlinks and other pointers to Internet websites and applications not owned, used or operated by Flicar;

3.3    linked websites are not under the control of Flicar, and Flicar is not responsible for information and/or representations contained in linked websites;

3.4    Flicar does not endorse or warrant any statement, representation made by a user of the Application or a product or service contained on or advertised by any website or application linked to the Application;

3.5     you access any link, hyperlink or pointer to any such website or application at your own risk;

3.6    Flicar relies on your observance of the Terms and Conditions and that Flicar will suffer loss and/or damage and incur costs in connection with any breach of the Terms and Conditions by you;

3.7    you irrevocably indemnify Flicar, its assigns and successors for any and all loss, damage and costs of whatever nature incurred in connection with any breach of the Terms and Conditions by you;

3.8    unless otherwise stated, Vehicles listed for sale on the Application do not and have never belonged to Flicar;

3.9    the Content posted by you on the Application is true and accurate in every particular and is not unlawful, defamatory, threatening nor does it contain any viruses or malware of any type or nature which may damage or disrupt the functioning of Flicar’s or any other users software, hardware, devices or other like telecommunication equipment;

3.10    Flicar has not and does not make any representations as to the Content you post, or the condition, functionality, purpose, merchantability or otherwise of any Vehicle listed on the Application;

3.11    Flicar does not warrant or represent that the Vehicle listed on the Application will correspond to the description of the Vehicle on the Application;

3.12    Flicar expressly excludes all other representations and warranties, expressed or implied, in respect of the Vehicle/s and to the extent permitted by law Flicar specifically disclaims any implied and/or statutory warranties and/or guarantees of     merchantability, fitness for a particular purpose, title or legal ownership of the Vehicle/s listed on this Application.

3.13    any information that Flicar sends to you in respect of your use of the Application does not represent an endorsement, warranty or guarantee of the Vehicle/s listed on this Application

3.14    Flicar does not guarantee a continuous uninterrupted or a secure access to the Application.

3.15    Flicar is not liable for lost profits or any special, incidental or consequential damages arising out of or in connection with your use of Flicar’s Application however arising;

3.16    you indemnify and forever hold Flicar indemnified for any loss or damage incurred by Flicar on account of your use of Flicar’s Application;

3.17    you agree and warrant to act in a lawful manner and in accordance with the laws that apply to you;

3.18    no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationships exists between you and Flicar;

3.19    Flicar is not a car market operator or dealer as defined in the Motor Vehicle Dealers Act 1973 (WA).

 

4.0       Buyer Fee

4.1       The Buyer shall on completion of the purchase of the vehicle, pay to Flicar, without deduction the sum of $350.00 plus GST.

4.2       Flicar shall on completion of the purchase of the vehicle by the buyer issue to the Buyer an invoice for the Buyers use of the App.

 

5.0       Breach of Agreement

5.1       Flicar relies on the information provided by you to register on the Application.  You breach this agreement if you:

a.              engage in fraudulent activity in connection with Flicar’s Application;

b.              provide information that is false, inaccurate or misleading;

c.              contravenes any law, statute, ordinance or regulation;

d.              introduce viruses, Trojan Horses, time bombs, easter eggs, worms or cancelbots or other like programme that may detrimentally interfere with, modify, surreptitiously intercept, damage, delete, access without authority or expropriate any system, data or personal information on the site;

e.              create a liability for us or cause us to lose the services of Flicar’s ISPs or other suppliers; or

f.               breach any representation or warranty made or given by you in this Agreement.

5.2       You breach this Agreement if you fail to pay Flicar’s fees for your use of the Application.

5.3       You breach this Agreement if you use any device, software or routine to bypass interfere or attempt to interfere with the proper working of Flicar’s Application or any transaction being conducted through Flicar’s Application.

5.4       You breach this Agreement if you take any action that imposes an unreasonable or disproportionately large load on Flicar’s Application infrastructure.

5.5       You breach this Agreement if you copy, reproduce, alter, modify, create derivative works, or publicly display any content from Flicar’s Application without the prior express written permission of Flicar.

5.6       You breach this agreement if you do not comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Flicar’s Application.

5.7       Flicar does not accept any responsibility for confirming that your activities are lawful.

 

6.0       Remedies

6.1       If you do not perform or comply with any obligation under this Agreement Flicar is entitled remedy your breach and to recover damages for loss caused by your breach of the agreement by:

a.         issuing a warning to remedy your breach;

b.         suspending (either temporarily or indefinitely) your registration;

c.         refusing to permit you using Flicar’s Application;

d.         terminating your use of the Application; and

e.         suing you for loss and damage.

6.2       You agree to and do indemnify Flicar and as applicable Flicar’s officers, directors, agents and employees from any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitor’s fees made to any third party due to or arising out of your breach of this agreement.

 

7.0       Privacy

The information that you provide to Flicar in the registration process is subject to Flicar’s privacy policy.  Flicar’s privacy policy is incorporated into this Agreement.  By registering to use the Application you acknowledge that you have read and accepted the terms and conditions of Flicar’s privacy policy.

 

8.0       GOVERNING LAW AND JURISDICTION

8.1       These Terms and Conditions and this Agreement and any claim or dispute arising out of or in connections with the use of the Application shall be subject to the laws of the State of Western Australia.

8.2       The Courts of Western Australia have exclusive jurisdiction to hear and determine any dispute arising from or in connection with the use of the Application, the Agreement or the Terms and Conditions.

 

9.0       UPDATES TO THE APPLICATIONS

9.1       Flicar may provide enhancements or improvements to the Application by  way of patches, bug fixes, updates, upgrades and other modifications which may change and/or delete the features and functionality of the Application.

9.1       Flicar has no obligation to provide to you:

a.     any updates Application; or

b.     continued use of deleted features and/or functionalities of the Application.

 

10.0     MAINTENANCE AND SUPPORT

Flicar shall provide you with maintenance or support for the download and use of the Application to the extent required by law.

 

11.0       THIRD-PARTY SERVICES

11.1        The Application displays, Third-Party Services are provided solely as a convenience to you and you use them entirely at your own risk and subject to such terms and conditions as the Third-Party Service providers impose.

11.2        Flicar is not liable for any Third-Party Services, and does not know and make no representation as to the fitness for purpose of any service or product provided by a Third-Party Service provider.

 

12.0       LIMITATION OF LIABILITY

12.1     In the event that terms, conditions or warranties are implied by law and cannot be excluded, then those terms, conditions or warranties are included, in this Agreement however Flicar’s liability is limited to the amount actually paid by you to Register to use the Application, notwithstanding any damages that you have incurred.

12.2     You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

13.0       COPYRIGHT

13.1     All components of this Application, including the software, design, text and graphics are owned by or licensed to Flicar and protected by copyright under the laws of Australia and other countries.

13.2     Flicar expressly retains all rights, title and interest in any source or HTML code, make-up files, proprietary software, other software, programs, tools, templates, and systems used by Flicar or our contractors and agents in providing the Application. You must not attempt to copy, reproduce, republish, transmit, reverse engineer or otherwise access or use such source or HTML code, make-up files and proprietary software.

13.3     Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.

13.4     Content once provided by you to the Application, is irrevocably licensed to Flicar.

 

14.0       ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between you and Flicar as to the subject matter of this Agreement and Flicar shall not be bound by any conditions definitions warranties or representations of whatever nature with respect of the subject matter of this Agreement other than as expressly provided herein.

 

15.0       Trademarks

The Applications may include trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks  without our consent.