Terms Of Service

Autogenie Website Terms of Use

  1. Introduction
    1. Welcome to the website of www.autogenie.com.au (Autogenie). We are not an vehicles broker or dealer. We provide this website (Website) to facilitate requests for price quotation on vehicles from vehicle dealers (the Service).
    2. By using the Website, you acknowledge and agree to these conditions of use (Conditions of Use). If you do not agree to be bound by and comply with these Conditions of Use you may not access or use our current information, services, or website.
  2. Amendment
    1. We may at any time and in our absolute discretion vary these Conditions of Use.
  3. Use of Your Information
    1. You acknowledge and agree that we may use your personal information in accordance with Autogenie’s Privacy Policy as amended from time to time.
  4. User Registration
    1. In order to purchase the Service, submit comments and access some features of the Website, you will need to be a registered user. When registering to become a registered user and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
    2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
    3. You may not use another user’s account without permission.
    4. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
  5. Request for vehicle quotes
    1. Products displayed on the Website do not constitute an offer to sell.
    2. A request for vehicle quotes placed by you represents an authorisation from you to communicate with vehicle dealers in regards to the supply of the vehicle specified by you or a substantially similar vehicle subject to the terms and conditions of that dealer.
    3. Once a request for vehicle quote is placed by you, you may subsequently cancel that request. However, any fees that have been or may become payable by you for the Service will remain payable, or if they have been paid will be non-refundable to you.
    4. We may accept or reject your request for vehicle quote at our discretion. If we reject your order, we will provide a full refund of any payment received.
  6. Service fees
    1. The fee for the Service is in Australian dollars and includes GST.

  7. Quotes from dealers
    1. Where you have submitted a request for vehicle quote and are presented with the products and prices, the:
      1. Prices of products are current at time of display but are subject to change;
      2. Prices are shown in Australian dollars and include GST, other taxes and charges and on-road costs if applicable;
      3. The price displayed for the product may not include the addition of options or accessories that can be added to the vehicle at your expense.
  8. Data and Valuations
    1. Disclaimer: Automotive Data Services Pty Ltd (Red Book) has prepared this data and valuations from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, Red Book cannot guarantee or make any representations regarding the use of, or reliance, on it. Red Book is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Red Book is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.
    2. Personal and Non Commercial Use Only: Data and valuations on this website are provided for your personal and non-commercial use only. You must not, without the written approval of the Website owner: modify, copy, distribute, transmit, display, perform, reproduce, publish or license any data and valuations from this website; use or attempt to use any data and valuations published on this website to create any web site or publication; mirror or frame any data and valuations published within this website; use any automated process of any sort to query, access or copy any data and valuations on this website or generate or compile any document or database based on the data and valuations published on this website; or transfer or sell any data and valuations offered on this website;
    3. The website owner may terminate your right to access and use this website at any time.
  9. Car Request Terms
    1. You may select only one vehicle offer to accept. Upon acceptance of a vehicle offer, you consent to Autogenie’s provision of your contact details to the dealer that had provided the offer you had selected.
    2. Upon your acceptance of a vehicle offer, the remaining offers will immediately expire. You will not have rights to reopen remaining offers without our specific approval.
    3. If you select the “No Thanks, I Decline All Offers” option on the vehicle offers page, you will no longer have rights to receive contact details for dealers providing any of your vehicle offers. You agree to release Autogenie from any obligation to provide dealer contact details for these offers once the “No thanks, I Decline All Offers” option is selected.
    4. Vehicle offers are valid only until the expiration date specified by the dealer in their vehicle offer. If a dealer is unable or unwilling to honour the vehicle offer prior to the expiration date in the offer, our customer service will work with you to try to create a replacement car request or refund the fees you have paid to us.
    5. We are not liable for damages or losses if a dealer does not honour a vehicle offer after the expiration date specified by the dealer in their vehicle offer.
  10. Purchasing the vehicle from the dealer
    1. We only facilitate requests for price quotations on vehicles from vehicle dealers. Once you select the quote from the dealer and the dealer contacts you, you will be dealing with the dealer under their terms and conditions.
    2. If you purchase the vehicle with the dealer, the purchase will be conducted under the dealer’s terms and conditions and policies and you should read these before proceeding with your booking.
    3. We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of the dealers that have provided you with a price quotation and vehicle offer that you have accepted.
  11. Delivery of Vehicle Offers
    1. Your Autogenie offers (for the vehicle specified in your car request) will be accessible via your account with Autogenie.
    2. We cannot be held liable nor responsible for any loss suffered as a result of an Autogenie offers email not being received by you, for example, because the email was blocked by a firewall or filter, or where you told us the wrong email address.
  12. Payments and refunds
    1. All payments must be received in full prior to a car request being forwarded to the Autogenie dealer network.
    2. Requests for refunds will be responded to and determined by us at our sole discretion unless:
      1. we have made a mistake;
      2. the service has failed to provide more than one vehicle offer; or
      3. we cannot provide the Services to you.
  13. Limitation of liability
    1. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited:
      1. we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or as a result of any connection with the Website or the Services;
      2. we make no warranty or representation as to the fitness or suitability of any product or service displayed on the Website or any linked site.
    2. Where our liability cannot be excluded, to the extent permitted by law such liability is limited at our option, to resupply of the goods or services supplied or the cost of resupplying the goods or services supplied:
  14. Supply of website services to You / Termination
    1. Autogenie reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
    2. We may stop (temporarily or permanently) providing access to the website to you at our discretion and without prior notice to you.
    3. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
    4. The Autogenie website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks. A Microsite means “an auxiliary website supplementary to our main website”.
  15. Use of website by you
    1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
    2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Autogenie’s prior written consent.
    3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
    4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
    5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  16. Complaints or problems
    1. We always try to settle any complaints or problems quickly and fairly. Any correspondence should be sent to Attention: Customer Service, autogenie.com.au, PO Box 4174 Sydney, NSW, 2001, Australia, or by facsimile +61 2 9112 4222, or by email to admin@autogenie.com.au
  17. Your responsibilities
    1. To make any submission or contribution to this website, you must register to become a member. You do not have to register if you only want to view content.
    2. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website by persons other than Autogenie are the sole responsibility of the person from whom such content originated.
    3. As a member, you agree that you are responsible for any content submitted, posted or made available through the website by persons other than Autogenie via your account and you must not post (or allow content to be posted through your account that):

      • you do not have the right to post;
      • ­
      • is defamatory or in contempt of any legal or other proceedings;
      • ­
      • is misleading or deceptive;
      • ­
      • incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
      • ­
      • denounces religious or political beliefs;
      • ­
      • includes religious or political material which is or is likely to be offensive;
      • ­
      • is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
      • ­
      • infringes any copyright, trade mark, patent or other intellectual property right of another person;
      • ­
      • contains any unsolicited or unauthorised advertising or promotional material;
      • ­
      • contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or<
      • ­
      • impersonates any person or misrepresents your relationship with any person.
    4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any such submitted content without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
  18. Disclaimer
    1. We do not warrant to you that the Service will be provided without fault or disruption.
    2. We do not warrant to you, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
    3. We make every effort to ensure all information displayed on the Website is accurate however information about goods and services on the website is based on material provided by suppliers and product manufacturers and we are unable to guarantee the accuracy of all or any of the information. Suppliers include automotive manufacturers supplying vehicles featured on the Website.
    4. You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by manufacturers or suppliers. Typical autogenie prices are based on average discounts received by Smartsalary customers over the previous year. Average discounts do however vary depending on the type of vehicle and time of year.
    5. You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by manufacturers or suppliers.
    6. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

These Terms of Use were last modified on 6 June, 2012.