1. Who, what and where

    1. Innovate Automotive Pty Ltd ABN 51 609 644 966 (“HelloCars”) grants you a non-exclusive and revocable license to use and access the website hellocars.com.au (“Site”). In these Terms & Conditions, “us”, “we” and “our” refer to HelloCars and references to “you” and “your” is to you, the end user. These Terms & Conditions is made in accordance with the laws prevalent in New South Wales, Australia.
  2. What you agree to when using this Site

    1. By using the Site you agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree with these Terms & Conditions you must immediately stop using the Site.
    2. The content on the Site is for informational purposes only and does not constitute an offer to purchase from you, or sell to you, any motor vehicle displayed on the Site.
    3. We may change, update or otherwise amend the Site at our absolute discretion and without notice.
    4. You will be required to enter into a separate legal contract with HelloCars for the purchase and/or sale of any motor vehicle.
  3. Who can use the Site & access the services

    1. You are granted a non-exclusive, limited and revocable license to access the Site on the condition that:
      1. You only use the Site for lawful purposes;
      2. You do not engage in any improper, indecent or offensive behaviour;
      3. You are not breaking any local, state or federal law in your relevant jurisdiction by accessing this Site;
      4. You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
      5. You register as a Member to use the Services.
  4. Registration & membership

    1. If you are granted an account via the Site, you must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
    2. You must maintain your username and password to access the Site. It is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
  5. Site availability

    1. By using this Site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
    2. We accept no responsibility for the unavailability of this Site, or any offers of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
    3. We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.
  6. Intellectual property

    1. All content on the Site is the copyright and property of HelloCars. Without the express written permission of HelloCars, you shall not:
      1. Replicate all or part of the Site; or
      2. Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
    2. HelloCars has moral and registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of HelloCars.
    3. You agree that by using the Site you will not copy the Site your own commercial purposes. You agree and warrant that you will not solicit the user of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
  7. Third party websites & advertising

    1. The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.
    2. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements. .
  8. Limitation of liability & indemnity

    1. You agree that you use the Site at your own risk.
    2. You acknowledge that we are not responsible for the conduct or activities of any User or Member and that we are not liable for such under any circumstances.
    3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms & Conditions.
    4. In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
    5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
      1. the re-supply of services or payment of the cost of re-supply of services; or
      2. the replacement or repair of goods or payment of the cost of replacement or repair.
  9. Termination & Cancellation

    1. Either party may end the agreement formed by Terms & Conditions immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where these Terms & Conditions has been terminated you must immediately cease using the Site or Services.
    2. Your use of the Site may be cancelled at any time, for any reason by HelloCars on a temporary or permanent basis by HelloCars giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your license to use the Site.
    3. Your deposit secures a vehicle for up to 7 days. HelloCars reserves the right to refund any customer deposit and release a vehicle back onto the market for any reason. After 7 days has elapsed without a suitable delivery time scheduled, HelloCars will refund your deposit and release the vehicle back onto the market. If you choose to continue with the purchase of a vehicle after 7 days without scheduling a suitable delivery time, the deposit will no longer be refundable.
  10. Notices

    1. You can direct notices, enquiries, complaints and so forth to HelloCars at the contact details found on the Site.
    2. We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
  11. General

    1. HelloCars shall at its absolute discretion amend this Terms & Conditions at any time, which shall become effective by giving you notice.
    2. Nothing in these Terms & Conditions shall be deemed to form a relationship between HelloCars and you of joint venture, partnership, employment or other association in any way other than parties to these Terms & Conditions.
    3. Any provision of these Terms & Conditions, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms & Conditions, so far as is reasonably practicable.
    4. These Terms & Conditions is part of an ecommerce transaction and the parties agree that these Terms & Conditions shall be accepted electronically and the agreement to these Terms & Conditions is formed & validly entered into electronically.
    5. The termination of these Terms & Conditions does not affect the parties’ rights in respect of periods before the termination of these Terms & Conditions.
    6. These Terms & Conditions are subject to the laws of New South Wales, Australia.
  12. HelloCars Price Guarantee

    1. Customer must provide proof in the form of a written offer on official corporate letterhead, signed by an official representative of the dealer for the exact same vehicle from a licenced NSW motor dealer quoted within the last 14 days. Handwritten documents will not be accepted.
    2. The offer must be genuine, unconditional and independent of any trade-in offer (as dealers will often offer more for your trade in price and add that to the price of your new car).
    3. The vehicle must have been sighted by the dealer and a thorough inspection performed prior to having produced the offer.
    4. Limit of one household per year (registered address of your vehicle).
    5. Customer cannot be in the employ or associated with a motor dealer, at the complete discretion of HelloCars.
    6. HelloCars reserves the right to offer outside the price range for any reason.
    7. To validate the independent, standalone quote or offer, HelloCars will require the Owner to provide a copy of the quote or offer to HelloCars to prove the offer is legitimate and complies to the above mentioned qualifying conditions.
    8. HelloCars reserves the right to make direct contact with the ‘authorized licensed motor dealer’ representative listed on the document to validate the offer and contact details must be provided on request.
    9. The HelloCars Price Guarantee is applicable only to vehicles where the final offer is equal to or above $9,000 or less than $45,000.
    10. As HelloCars performs a more thorough inspection than other dealers, the Price Guarantee is not applicable to vehicles with extensive panel damage, mechanical issues or incomplete service history.
  13. HelloCars Price Promise

    1. In the event that the offer falls below the most recent quote range provided by HelloCars and the vehicle meets the assumptions outlined below, HelloCars agrees to provide the customer with a $50 Woolworths Gift Card.
    2. The vehicle details supplied to HelloCars for the purpose of generating a quote must be accurate and match the vehicle at the time of inspection.
    3. The vehicle be registered for private or business use with at least 3 months of registration remaining.
    4. The vehicle must have a full and up-to-date service history.
    5. The vehicle must not have any unrepaired damage.
    6. There must be at least 30% tread remaining on all tyres.
    7. The vehicle must have two sets of keys.
  14. HelloCars Delivery Policy

    1. HelloCars will deliver the Car to the to address specified by the Buyer. The Buyer must be present to receive the Car. If the Buyer is not present, the Buyer authorises HelloCars to leave the Car at the address specified, and shall leave keys with an appropriately identified person at that address, or otherwise it shall make alternative arrangements to provide the keys to the Buyers. The Car is at the risk of the Buyer immediately from the point of delivery, and HelloCars strongly recommends that the Buyer take out a comprehensive car insurance policy prior to delivery.
      1. Delivery Fees
        1. No delivery fee will be incurred for addresses within the HelloCars Free Sydney Delivery Zone, as defined by the map presented on the HelloCars website, unless otherwise indicated in the HelloCars Sales Agreement.
        2. Delivery fees presented for addresses outside the HelloCars Free Sydney Delivery Zone are estimates only, and will be confirmed in writing by HelloCars.
        3. Advertised fixed-price delivery fees are to depot locations in capital cities only. An additional $100 (inc. GST) fee will be incurred for delivery to any other address within 30km of a depot location.
        4. All delivery fees are non-refundable.
  15. No Tyre-Kicker Guarantee

    1. HelloCars "No Tyre-Kicking Guarantee" applies to vehicles inspected at a HelloCars buying office only, where an offer to purchase the vehicle is made.
    2. The vehicle must be inspected at a HelloCars buying office in a condition ready to sell with logbooks, all available keys and registration papers present.
    3. Gift card will be provided electronically only for the amount of $25. Not redeemable for cash.
    4. Max one gift card per car.
    5. Max one gift card per customer.
    6. At the complete discretion of HelloCars.