Terms and Conditions

Terms & Conditions for Carmada (AUS) Pty Ltd

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Article I: Introduction and General Provisions

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Section 1.01: Ownership and Operation

Carmada (AUS) Pty Ltd, hereinafter referred to as "Carmada," "Company," "we," "us," or "our," is the proprietor and operator of the online platform accessible at www.carmada.com.au, including, but not limited to, all functionalities, services, software, and applications provided thereunder (collectively, the "Website"). Carmada is incorporated under the laws of Australia, bearing the Australian Business Number (ABN) 72 651 543 029.

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Section 1.02: Purpose

The Website is designed to offer general information, content, and services related to car brokerage, primarily serving as a conduit between potential buyers and sellers of vehicles. It is emphasised that the information provided on the Website is for general informational purposes only.

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Section 1.03: Disclaimer of Warranties

Carmada exerts reasonable efforts to ensure the accuracy, completeness, and reliability of the information available on the Website. However, the Company does not guarantee the accuracy, completeness, or reliability of such information, including any content supplied by third parties. No representations or warranties, either express or implied, are provided regarding the Website's content's accuracy, completeness, or reliability.

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Section 1.04: Limitation of Liability

By accessing and utilising the Website, users acknowledge and agree that Carmada shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or connected to the use of or reliance on the Website's information or content. Prospective clients are advised to conduct their own diligence and seek independent professional advice to assess the suitability of the products and services offered via the Website.

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Section 1.05: Exclusion of Warranties

Except as explicitly stated herein, Carmada disclaims all warranties, express or implied, to the fullest extent permitted by law. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

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Article II: Use and Access

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Section 2.01: Compliance with Terms and Applicable Laws

Users must only utilise the Website in a manner consistent with these Terms and Conditions and in compliance with all applicable laws. The Website may feature links to third-party websites ("Linked Sites"), which are not under the control or management of Carmada. The inclusion of any links does not imply endorsement of the Linked Sites by Carmada.

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Section 2.02: Prohibited Uses

Users of the Website are expressly prohibited from engaging in the following actions:

(a) Committing or inciting criminal offences;
(b) Participating in fraudulent, abusive, or illegal activities;
(c) Distributing viruses or any malicious software;
(d) Unauthorised access or interference with the Website's operations;
(e) Data corruption;
(f) Annoying other users;
(g) Infringing upon proprietary rights of others;
(h) Spamming;
(i) Disrupting the performance or functionality of any computer resources accessed through the Website;
(j) Unauthorised reproduction or distribution of Website material;
(k) Uploading Website material to other sites without authorisation;
(l) Framing Website material with other material on different websites.

Violations of this provision may lead to criminal prosecution, and Carmada will cooperate with law enforcement authorities by disclosing the identity of the violators.

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Section 2.03: Liability for Technological Damages

Carmada shall not be held liable for any damages resulting from cyber-attacks, viruses, or other technologically harmful materials that may infect user equipment, data, or other proprietary materials due to the use of the Website or downloading content from it or Linked Sites.

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Section 2.04: Temporary Access and Modifications

Access to the Website is granted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Website without notice. We may also terminate access to the Website at any time, without any obligation to provide justification or explanation for such termination. Carmada shall not be liable for any costs, losses, or damages arising as a result of such termination or access restriction to the Website.

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Section 2.05: No Warranty for Website and Server Availability

Carmada does not warrant that the Website, or any content thereon, will always be available or uninterrupted. Access to the Website is permitted on an "as is" and "as available" basis. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

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Section 2.06: Indemnification

Users agree to fully indemnify, defend, and hold harmless Carmada (AUS) Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates against all third-party claims, demands, actions, damages, losses, costs, liabilities, and expenses, including but not limited to legal fees arising out of or related to:

(a) The user’s breach of these Terms and Conditions;
(b) The user’s use or misuse of the Website;
(c) The user's violation of any applicable law, regulation, or rights of another, including but not limited to intellectual property rights;
(d) Any content the user posts, uploads, or transmits through the Website;
(e) The user’s interaction with any third party through the Website, including but not limited to transactions, communications, and disputes.

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Section 2.07: Age Requirement and Capacity

The Website and its services are intended solely for individuals who are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements. Users under the age of eighteen (18) may access or use the Website and services only with the involvement, supervision, and consent of a parent or guardian.

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Section 2.08: Accurate Information

In order to engage the services offered by Carmada, users must provide accurate, truthful, and up-to-date personal information as requested. This may include but is not limited to the user's name, date of birth, email address, and billing information.

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Article III: Linked Sites and Website Information

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Section 3.01: Linked Sites

Carmada provides links to third-party websites for convenience only. The presence of such links does not imply endorsement of the Linked Sites. Carmada is not responsible for the content or material available on these Linked Sites.

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Section 3.02: Information Accuracy and Variability

While Carmada endeavours to ensure that information and services provided on the Website are accurate and up-to-date, the company cannot guarantee such accuracy. Information may vary due to changes in market conditions or vehicle availability. Users are encouraged to conduct their own research and verify information independently.

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Section 3.03: Disclaimer of Warranties

Carmada explicitly disclaims all warranties and representations of any kind, whether express or implied, to the fullest extent permissible under applicable law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, the accuracy of vehicle listings, the condition of vehicles, and the successful outcome of transactions facilitated by the Website. Users are advised to conduct their own diligence and not solely rely on information provided by Carmada.

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Section 3.04: Purpose of the Website

The Website is made available for the primary purpose of providing car brokerage services. Carmada does not warrant the accuracy, reliability, or timeliness of information contained on the Website and recommends users conduct their own due diligence.

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Article IV: Orders and Payment

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Section 4.01: Service Engagement

Carmada operates as a car brokerage, facilitating the procurement of vehicles for clients. Users wishing to engage Carmada's services must follow all instructions provided on the Website regarding the submission or amendment of service requests.

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Section 4.02: Payment Terms

Upon engagement confirmation, payment for services rendered by Carmada is required to be made in full, utilising the accepted payment methods specified on the Website. The acknowledgment of a service request by Carmada does not constitute acceptance of the request or the formation of a contract. A contract is formed only upon Carmada's confirmation of engagement and detailed provision of the service to be rendered.

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Article V: Pricing and Availability

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Section 5.01: Price Variability

Prices for vehicles may fluctuate due to factors beyond Carmada's control, including but not limited to changes in manufacturer pricing and market conditions. Carmada endeavors to provide clients with the most competitive pricing available.

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Article VI: Limitation of Liability

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Section 6.01: Service Limitations

Carmada's liability to users for any services provided under these Terms and Conditions is limited to the amount of fees paid by the user for such services. Carmada shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from the use of Carmada's services.

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Section 6.02: Disputes with Third Parties

Carmada is not liable for disputes, claims, or controversies arising between users and any third-party sellers, service providers, or other clients in connection with the use of Carmada's brokerage services.

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Section 6.03: Indemnification

Users agree to indemnify and hold Carmada, its directors, officers, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses, including legal fees, arising from their use of Carmada's services or breach of these terms and conditions.

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Section 6.04: Maximum Liability and Exclusions

(a) Scope of Liability: Carmada (AUS) Pty Ltd (hereafter "Carmada"), including its directors, officers, employees, affiliates, or agents, acknowledges its liability to users or third parties for claims arising out of or in connection with the use of its services, the Website, or these Terms and Conditions. Liability encompasses contract, tort (including negligence), breach of statutory duty, or otherwise, subject to the limitations and exclusions set forth herein.

(b) Limitation on Aggregate Liability: Notwithstanding the generality of the foregoing, Carmada's total aggregate liability under any circumstances for all claims, damages, liabilities, or losses, shall not exceed the total fees paid by the user to Carmada for the services provided in the twelve (12) months immediately preceding the event giving rise to such liability. This limitation applies irrespective of whether Carmada has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

(c) Direct Losses: For direct losses or damages incurred by the user, Carmada's liability shall be limited to the total amount of fees paid by the user for the services out of which the liability arose, during the twelve (12) month period immediately preceding the date on which the claim arose.

(d) Indirect or Consequential Losses: Carmada shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any other indirect or consequential loss or damage.

(e) Exclusions from Liability: Specifically excluded from liability are damages related to:

• The reliability, accuracy, or completeness of AI-generated content;
• Disputes arising from transactions or interactions between users and third-party sellers or service providers facilitated through Carmada's services;
• Unauthorised access to, or alteration of, user transmissions or data;
• Any liability which cannot legally be excluded or limited, including liability for death or personal injury caused by Carmada's negligence, fraud, or fraudulent misrepresentation.

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Section 6.05: Force Majeure Events

Carmada shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from events beyond its reasonable control, including but not limited to:

(a) Acts of God, such as natural disasters, floods, earthquakes, and weather conditions; (b) War, terrorism, civil unrest, embargo, or national emergency; (c) Strikes, labor disputes, or interruptions of utility services; (d) Cyber-attacks, hacking, or significant disruptions to Internet services; (e) Actions, legislation, or restrictions of a governmental authority; (f) Pandemics, epidemics, or outbreaks of infectious disease.

In the occurrence of any such force majeure events, the performance of affected obligations under these Terms and Conditions shall be suspended for the duration of the event, and Carmada will make reasonable efforts to mitigate the impact and resume performance as soon as possible.

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Article VII: Governing Law

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Section 7.01: Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Australia.

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Article VIII: AI-Generated Content

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Section 8.01: Use of AI Technologies

Carmada may utilise artificial intelligence (AI) technologies to generate various forms of content, including but not limited to text, images, videos, and marketing materials. The AI-generated content, attributed to Carmada, remains the intellectual property of Carmada (AUS) Pty Ltd.

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Section 8.02: Intellectual Property Rights

All content produced by AI technologies under Carmada's direction is the exclusive property of Carmada. The Company reserves the right to modify, distribute, sublicense, and utilise this content for both commercial and non-commercial purposes.

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Section 8.03: Limitations on Use

Users acknowledge that AI-generated content may not always align with real-world events or factual accuracy. Carmada is not liable for any inaccuracies, errors, or omissions in AI-generated content. Reproduction, distribution, or modification of AI-generated content without Carmada's prior written consent is strictly prohibited and may result in legal action.

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Section 8.04: Compliance and Reporting

Carmada ensures that AI-generated content complies with applicable laws, regulations, and ethical standards. Users are encouraged to report any concerns regarding AI-generated content for review and potential corrective action.

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Section 8.05: Continuous Improvement

Carmada is committed to enhancing the user experience through innovative solutions and continually evaluates and updates its AI systems to improve performance and mitigate risks.

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Section 8.06: Privacy and Data Protection

Carmada respects the privacy and data protection rights of individuals involved in the creation of AI-generated content. Personal data used in AI training datasets is handled in accordance with Carmada's Privacy Policy.

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Article IX: Intellectual Property

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Section 9.01: Ownership

The intellectual property rights in all software and content made available to users on or through the Website, including but not limited to photographic images, specifications, and design, remain the property of Carmada (AUS) Pty Ltd or its licensors. All rights are reserved.

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Section 9.02: Use of Material on the Website

Material from the Website may be downloaded for personal, non-commercial use, provided that copyright and trademark notices remain intact. Users are prohibited from using Carmada's logos, trademarks, or any similar marks without prior written consent.

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Section 9.03: Prohibitions on Modifications and Use

Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website. Unauthorised use may violate copyright, trademark, and other laws.

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Section 9.04: Linking to the Website

Users may link to the home page of the Website, provided the link does not portray Carmada, its services, or products in a false, misleading, derogatory, or otherwise offensive manner. The Website must not be framed on any other site, nor may users create a link to any part of the Website other than the home page without prior written consent.

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Article X: Privacy and Data Protection

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Section 10.01: Privacy Policy

Carmada's Privacy Policy outlines how personal information is collected, used, and protected. By using the Website, users consent to the collection and use of their information as described in the Privacy Policy.

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Section 10.02: Collection and Use of Personal Information

Carmada may collect personal information from users in various ways, including but not limited to, when users visit the Website, register on the site, or fill out a form. This information is used to personalise the user experience, improve the Website, and communicate with users.

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Section 10.03: Disclosure of Information

Carmada may disclose user information in accordance with the Privacy Policy and applicable laws. This includes sharing information with third parties for marketing or other purposes, as consented to by the user or as required by law.

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Article XI: Cookies and Tracking Technologies

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Section 11.01: Use of Cookies

Carmada employs cookies and similar tracking technologies to enhance user experience, analyse website traffic, and personalise content and advertisements. By accessing and using the Website, users consent to the use of these technologies as detailed herein.

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Section 11.02: Types of Cookies

Cookies utilised by Carmada may include session cookies, which are temporary and deleted after closing the browser, and persistent cookies, which remain on the user's device for a predetermined period or until manually deleted, to remember user preferences and settings.

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Section 11.03: Third-Party Cookies

In addition to our own cookies, Carmada may allow certain third-party cookies on the Website to enable analytics and advertising services. These cookies are managed by the respective third parties, and users should refer to these third parties' privacy policies for information on their practices.

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Section 11.04: Managing Cookies

Users have the option to control and manage their cookie preferences through their web browser settings, including removing or rejecting cookies. It's important to note that disabling cookies may affect the functionality and features available on the Website.

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Article XII: Dispute Resolution

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Section 12.01: Negotiation

In the event of a dispute arising out of or relating to these Terms and Conditions, the parties shall first attempt to resolve the dispute through good faith negotiation.

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Section 12.02: Arbitration

Should negotiations fail to resolve a dispute within thirty (30) days, either party may initiate arbitration by providing written notice to the other party. The arbitration shall be conducted by a single arbitrator in accordance with the laws of Queensland, Australia. The arbitration proceedings will be conducted in English and held in Queensland, Australia, unless both parties agree otherwise. The initiating party must submit a request to the President of the Law Society of Queensland for the appointment of an arbitrator if the parties cannot agree on one within fifteen (15) days of initiating arbitration.

The arbitration must be initiated within one (1) year after the claim or cause of action arises. The arbitrator's decision shall be final and binding on both parties, and enforceable in any court of competent jurisdiction.

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Section 12.03: Legal Actions

Nothing in this section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction pending the outcome of arbitration proceedings.

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Article XIII: General Provisions

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Section 13.01: Modifications to Terms

Carmada reserves the right to modify these Terms and Conditions at any time. Such modifications will be effective immediately upon posting on the Website. Users are encouraged to review these Terms periodically for updates.

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Section 13.02: Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable.

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Section 13.03: Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and Carmada's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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Section 13.04: Entire Agreement

These Terms and Conditions constitute the entire agreement between the user and Carmada regarding the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

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Section 13.05: Contact Information

For any questions or concerns regarding these Terms and Conditions, users may contact Carmada via the following:

• Email: admin@carmada.com.au
• Phone Number: 1300 227 588

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Article XIV: Price Beat Guarantee

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Section 14.01: Overview and Eligibility

Carmada offers a Price Beat Guarantee to customers who finalise the purchase of a vehicle through Carmada, underscoring our commitment to providing the best possible value. Eligibility is limited to customers with a signed purchasing agreement for a vehicle that meets specified criteria, including make, model, and specifications as detailed by Carmada. These notes are an overview; customers are encouraged to seek out and read the full Terms and Conditions for this offer which are posted separately on this site.

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Section 14.02: Claim Process

Eligible customers may invoke the Price Beat Guarantee by submitting a claim in writing within 14 days of their purchasing agreement's date. Claims must be accompanied by comprehensive documentation, including official invoices and proof of offer validity from competing dealerships within a specified radius.

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Section 14.03: Comparison Criteria and Refunds

The Guarantee compares the total advertised price of competing vehicles, with eligibility limited to offers from specified local dealerships. Eligible claims may result in a refund of the price difference, subject to Carmada's discretion, or compensation scaled to the price difference, capped at a maximum value outlined in the terms.

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Section 14.04: Limitations and Exclusions

The Price Beat Guarantee does not apply to negotiated deals, auctions, trade-ins, private sales, or demo models. Claims based on insufficient or unverifiable evidence, or from customers who cancel their purchasing agreement, are not eligible.

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Section 14.05: Liability and Dispute Resolution

Carmada's liability under this Guarantee is capped, with disputes subject to arbitration. The Guarantee emphasises Carmada's discretion in verifying and processing claims, aiming to prevent abuse and ensure fairness.

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Section 14.06: Modification and Termination

Carmada reserves the right to modify or terminate the Price Beat Guarantee at any time, with changes not affecting claims submitted prior to modifications.

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Section 14.07: Full Terms and Conditions

The full Terms and Conditions for this offer are posted separately for your consideration on this website.

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Article XV: Consumer and Commercial Vehicle Procurement Services

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Section 15.01: Service Overview

Carmada offers specialised vehicle procurement services for both consumer and commercial clients. This service facilitates the identification, negotiation, and acquisition of vehicles according to client specifications and needs.

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Section 15.02: Process and User Obligations

Clients engaging Carmada for vehicle procurement services must provide detailed specifications for their desired vehicle(s). Carmada commits to leveraging its industry connections and expertise to secure these vehicles at competitive terms. Clients are obligated to fulfil their commitments as agreed upon in service engagement terms, including any deposits or fees.

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Section 15.03: Carmada's Responsibilities

Carmada shall provide clients with comprehensive support throughout the vehicle procurement process, including market research, negotiation with sellers, and facilitating transaction completion. Carmada aims to secure the best possible deal within the client's specifications and budget.

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Section 15.04: Due Diligence

‍Carmada commits to employing comprehensive market analysis and due diligence in sourcing vehicles for our customers. This process includes verification of vehicle specifications, history, and market pricing to ensure customer satisfaction. Customers acknowledge that vehicle availability and procurement timelines may vary based on market conditions.

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Article XVI: Service Specific Disclaimers and Limitations

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Section 16.01: General Disclaimers

While Carmada endeavours to ensure client satisfaction through its vehicle procurement services, it does not guarantee the availability of any specific vehicle or the success of any negotiation. Service outcomes may vary based on market conditions and availability.

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Section 16.02: Limitations of Liability

Carmada's liability in connection with its procurement services is limited to the service fee paid by the client. Carmada is not liable for indirect losses or damages incurred due to service outcomes.

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Article XVII: Intellectual Property in Service Delivery

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Section 17.01: Ownership of Intellectual Property

All intellectual property, including AI-generated content, negotiation strategies, and proprietary methodologies used or created during service delivery, remains the sole property of Carmada.

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Section 17.02: Use of Service Materials

Clients may use the information and materials provided during service delivery solely for the purpose of their vehicle procurement process. Unauthorised distribution, reproduction, or commercial use is prohibited.

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Article XVIII: Amendments Related to Future Services

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Section 18.01: Service Expansion

Carmada may periodically update its service offerings to include new areas such as used vehicle procurement and trade-ins. Such expansions will be communicated to clients through updates to these Terms and Conditions.

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Section 18.02: Amendments to Terms

In line with service expansions, Carmada reserves the right to amend these Terms and Conditions to reflect new services accurately. Clients will be notified of any significant changes to terms or services.

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‍Section 18.03: Vehicle Trade-In Policy

‍Trade-ins are subject to evaluation based on vehicle condition, market value, and Carmada's procurement needs. Carmada reserves the right to refuse trade-ins that do not meet our standards or criteria as determined at our discretion.

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Section 18.04: Financial Partner Relationships

‍Carmada may facilitate introductions to preferred dealerships, financing and insurance providers, but is not directly involved in the offering or provision of these services. Carmada disclaims any liability related to the financial services offered by these third parties.

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Article XXII: Service Fees and Refunds

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Section 19.01: Fee Structure

‍Service fees, including any commitment fees, are charged to support the vehicle procurement process. These fees are non-refundable, except under conditions explicitly stated in our service agreement.

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