THESE TERMS GOVERN ALL ACCESS TO, AND USE OF, OUR WEBSITE AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND THE PRIVACY POLICY.
1. Access and our role
1.1 Subject to these Terms, We grant to each:
(a) Seller a non-exclusive, non-transferable, non-sub-licensable limited licence to access Our Website to offer Items for sale (Seller Access); and
(b) Buyer a non-exclusive, non-transferable, non-sub-licensable limited licence to access Our Website to bid for, and accept a Seller's offer to sell, Items (Buyer Access).
1.2 We provide an online marketplace that uses an auction-style bidding format for a Seller and a potential Buyer to agree terms to sell Items. In respect of those Items, We:
(a) are not an auctioneer, and We do not ourselves conduct the sale of any Item;
(b) do not act as agent for any Seller or any Buyer, unless expressly agreed otherwise in writing;
(c) are not the seller of, and do not own, buy, sell or exchange, any Item listed by a User;
(d) are not a party to the contract of sale between a Buyer and a Seller;
(e) do not take possession of, store, test or inspect any Item at any stage;
(f) do not receive the purchase price for Items — the purchase price must be paid directly by a Buyer to a Seller as described in these Terms;
(g) do not guarantee the accuracy, quality, safety, roadworthiness, legality, authenticity, description or ownership of any Item; and
(h) do not represent or warrant that any Buyer or any Seller will engage in, or complete, the sale of any Item, and do not endorse or guarantee any User Materials.
1.3 Nothing in clause 1.2 limits Your rights under the Australian Consumer Law where they apply (see clause 10). Where a listing clearly states that Plater is the Seller, that Item is sold by Us and clauses 3.4–3.7 (Seller obligations) and clause 10 apply to Us as Seller for that Item.
2. Your account
2.1 To use the functionality of Our Website You must become a Seller or a Buyer. To become:
(a) a Seller, You must: be at least 18 years of age; ordinarily reside in Australia; and provide Us with Your information (including Your name, full address and email address); or
(b) a Buyer, You must: be at least 18 years of age; ordinarily reside in Australia; and provide Us with Your information (including Your name, full address, email address and payment card details).
2.2 Trade status. When registering, and again when listing any Item, You must tell Us truthfully whether You are acting as a consumer or in trade (in the course of a business), and in particular whether You are, or are required to be, a licensed motor car trader or motor vehicle dealer. You must keep this information current. You are responsible for holding any licence, registration or authorisation the law requires for the way You use Our Website.
2.3 Your use of Our Website requires a user name and password, which You must keep secret and secure. You are responsible for all activity on Your account. You agree to notify Us immediately of any unauthorised use or security breach.
2.4 For security reasons We may require You to re-authenticate from time to time. We are not responsible for information lost if We terminate a browser session due to inactivity.
3. Listing and sale process
3.1 To offer an Item for sale, a Seller must provide to Us the information We require about the Item, including a full description, photographs, and details of any Security Interest over the Item.
3.2 If We accept an Item for sale:
(a) the Seller agrees the Item will be listed exclusively on Our Website for 21 days, during which the Seller must not list it for sale elsewhere unless We consent in writing; and
(b) one or more potential Buyers may accept the Seller's offer for the Item by bidding as described in these Terms.
3.3 Seller general warranties. A Seller represents and warrants to Us, and to all other Users, that:
(a) the Seller has clear title to, and possession of, each Item offered, and the Item is free of, and will remain free of, all Security Interests while listed;
(b) the Seller has the right to sell the Item and will comply with all applicable Laws in connection with the sale;
(c) all information provided about the Item is true, correct and not misleading, and all material facts have been disclosed; and
(d) the Seller has accurately declared its trade status under clause 2.2, and holds every licence, registration and authorisation the law requires for the sale.
3.4 Additional requirements for a Vehicle. Where an Item is a Vehicle, the Seller must also provide, and warrants the accuracy of:
(a) a current Roadworthy Certificate (Certificate of Roadworthiness) that complies with the Laws of the State in which the Vehicle is located, or a clear statement that the Vehicle is sold unregistered / without a roadworthy certificate where that is permitted and the Buyer is given lawful notice;
(b) the Vehicle's build/compliance date, odometer reading, VIN and registration details; and
(c) disclosure of any finance owing, and the Seller must ensure the Vehicle is free of any Security Interest recorded on the Personal Property Securities Register (PPSR) before completion.
3.5 Seller Vehicle warranties. A Seller of a Vehicle further represents and warrants that the Vehicle:
(a) is not a stolen vehicle and is not a statutory write-off or otherwise recorded as a written-off vehicle except as clearly disclosed in the listing;
(b) has a true and accurate odometer reading that has not been altered or wound back;
(c) has a VIN and engine/compliance details that match the Vehicle and its records; and
(d) is not subject to an open or incomplete safety recall (for example, a Takata airbag recall) except as clearly disclosed in the listing.
3.6 Requirements for a Part. Where an Item is a Part, the Seller warrants that the Part complies with all applicable product safety standards and bans, and must not list any Part that is subject to a recall or compulsory safety ban (for example, recalled airbag inflators) or any safety-critical Part that does not meet the applicable standard. Where a Part is for display, restoration or off-road use only and is not roadworthy or road-legal, the listing must say so clearly.
3.7 Requirements for Memorabilia. Where an Item is Memorabilia, the Seller warrants that the description is accurate and not misleading, and that any reproduction, replica, restored, re-issued or unsigned/unauthenticated item is clearly described as such. An item must not be represented as genuine, original, signed or authenticated unless it is.
3.8 When a sale occurs. Following bids, if the Seller has set a Reserve Price and the highest bid meets or exceeds it, or the Seller has waived or not set a Reserve Price, then: the Seller must sell and the highest Buyer is deemed to have accepted the Seller's offer; a contract is formed directly between the Seller and the Buyer to buy and sell the Item; the purchase price becomes payable by the Buyer to the Seller; and We notify the Seller, the Buyer and unsuccessful bidders.
3.9 Completion is between Buyer and Seller. Following notification of a sale: the Buyer must pay the Buyer's Premium to Us under clause 14; We notify the Buyer of the Seller's details; and the Buyer then pays the purchase price directly to the Seller and the Buyer and Seller finalise the sale privately off-site, including any inspection or verification, collection or delivery, roadworthy, registration and transfer. Requirements vary by State and are the responsibility of the Buyer and Seller, not Us. For clarity, the two payments are separate: the purchase price is paid by the Buyer to the Seller, and the Buyer's Premium is paid by the Buyer to Us (PlaterAU Pty Ltd).
3.10 Below reserve. If the highest bid is below the Reserve Price, the Seller's offer is automatically revoked, the Item is withdrawn, and no Buyer's Premium is payable.
3.11 Bids are binding. Each Buyer acknowledges that a bid may constitute acceptance of a Seller's offer, may create a legally binding contract directly with the Seller, and may not be withdrawn. If a Buyer does not complete a purchase, the Buyer's Premium remains payable to Us.
4. Conditions of use
4.1 You acknowledge that use of Our Website is at Your own risk, subject to clause 10 and any rights You have under the Australian Consumer Law that cannot be excluded.
4.2 You agree to be bound by the terms of Our Payment Processors (Stripe — https://stripe.com/en-au/legal/ssa; and/or Apple Pay — https://www.apple.com/au/legal/privacy/data/en/apple-pay/), which may be amended from time to time.
4.3 Inspection. Photographs and descriptions are a guide only and are not a substitute for inspection. We strongly recommend that a Buyer inspect an Item, or arrange an independent pre-purchase inspection, before bidding. Bidding without inspecting is at the Buyer's own risk.
4.4 You must not use Our Website in any way that infringes Our Intellectual Property or any third party's rights.
4.5 We may provide Communication Services. You acknowledge these may be public, and may be collected, stored and scanned by Us, but should not be considered reviewed, screened or approved by Us. We may (but need not) review, edit, refuse to post or remove any material.
4.6 You must not use Our Website or Communication Services in any manner which is unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading or deceptive; to transmit spam or mass marketing except as approved by Us; to advertise or sell goods or services except as permitted by Us; or to misuse, copy, resell or scrape information from Our Website.
4.7 Except as permitted by Law or these Terms, You must not copy, adapt, modify, reproduce, distribute, publish or create derivative works of any part of Our Website; interfere with or disrupt Our Website or other Users' use of it; decompile or reverse engineer Our Website; use any robot, spider, scraper or automated means without Our written approval; or impose an unreasonable load on Our infrastructure.
4.8 You must ensure Your access to and use of Our Website is not illegal or prohibited by any applicable Laws.
4.9 Prohibited Items. You must not list, and We may remove, any Item that is: stolen or not owned by the Seller; a statutory write-off or recalled/safety-banned Part offered without lawful disclosure; counterfeit, or memorabilia misrepresented as genuine; or otherwise unlawful to sell. Listing a Vehicle, Part or Memorabilia item does not transfer any obligation on Us to verify it.
5. Outages and changes
5.1 You acknowledge Our Website may not be free from fault or interruption and may be unavailable during planned or unplanned outages or maintenance. We will take reasonable steps to notify You.
5.2 We may make any changes to Our Website We consider necessary or desirable, including updates and new releases.
6. Consent to communications
6.1 You acknowledge that We, and Our Payment Processor, may communicate with You for the purposes of: Your use of Our Website; news and relevant industry information; responding to Your requests; administering and operating Our Website; notifying You of changes, enhancements or outages; and (where You opt in) promotional material and participation in new features.
7. User Materials
7.1 Each User may provide User Materials to Us, and grants Us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, display, adapt, make derivative works of and otherwise commercialise the User Materials.
7.2 Each User represents and warrants that it has the right to grant that licence; that the User Materials do not infringe any third party's rights (including Intellectual Property); that they are free of malware; that the User will comply with all applicable Laws for any User Materials; and that it has all necessary consents for any Personal Information included.
7.3 We may remove or refuse to publish any User Materials that violate these Terms.
8. Privacy
8.1 To the extent We collect Personal Information, We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy applies to Your use of Our Website.
8.2 By using Our Website, You consent to the collection, use, disclosure and storage of Your Personal Information in accordance with the Privacy Policy.
9. Intellectual property
9.1 We own, or have all rights to, the Intellectual Property in Our Website. Nothing in these Terms grants You any ownership or Intellectual Property rights in Our Website.
10. Australian Consumer Law and consumer rights
10.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty, liability or remedy You have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified (a Non-excludable Right). If these Terms would do so, they are read down, or that provision is severed, to the extent necessary so the Non-excludable Right continues to apply.
10.2 Because We operate a marketplace and are not the seller of Items listed by Users (clause 1.2), where a Seller sells an Item in trade, the consumer guarantees under the Australian Consumer Law are owed by that Seller to the Buyer, not by Us. Where an Item is sold by a private Seller who is not in trade, some consumer guarantees (such as acceptable quality and fitness for purpose) may not apply to that sale, but the guarantees as to clear title, undisturbed possession and no undisclosed Security Interests, and the law against misleading or deceptive conduct, continue to apply.
10.3 To the extent We supply services to You (access to Our Website), and those services come with Non-excludable Rights, and We are permitted to limit Our liability for failing to comply, Our liability is limited, at Our option, to supplying the services again or paying the cost of having them supplied again.
10.4 Other than Non-excludable Rights, Our Website is provided on an "as is" and "as available" basis, and We exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute. We do not warrant that Our Website will meet Your requirements, be uninterrupted, timely, secure or error-free, or be free of viruses, and We are not responsible for third-party websites You access via links.
11. Liability and indemnity
11.1 You represent and warrant on a continuing basis that You are authorised to enter into these Terms and any contract of sale; that You will comply with all Laws and industry codes related to Your use of Our Website; that You will use up-to-date security systems; and that Your use of Our Website does not breach any Laws or any person's rights.
11.2 You acknowledge the availability and functionality of Our Website may depend on factors beyond Our control (including telecommunications and Payment Processor issues), and We cannot guarantee it will always be available or free from faults or interruptions.
11.3 Subject to clause 10 and to any Non-excludable Right, and to the maximum extent permitted by law, We:
(a) exclude all liability to You for any Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special, exemplary or punitive loss) arising in any way in connection with these Terms or Your use of Our Website; and
(b) limit Our aggregate liability to a User, in connection with these Terms or that User's use of Our Website, to: for a Seller, $100; and for a Buyer, the greater of the Buyer's Premium paid for the relevant Item and $100.
11.4 Subject to clause 11.5, You agree to indemnify and hold Us and Our officers, employees and agents harmless against all Loss suffered or incurred in connection with: any claim in respect of the contract of sale between a Buyer and a Seller; any breach of these Terms by You; any wilful misconduct by You; any unlawful or negligent act or omission by You; or any Item You list (including its condition, description, safety, roadworthiness, title, authenticity or recall status).
11.5 The indemnity in clause 11.4 does not apply to the extent of Our own material breach of these Terms, Our wilful misconduct, or Our unlawful or negligent act or omission, or to any liability that cannot lawfully be excluded.
12. Suspension and termination
12.1 We may terminate these Terms for any reason on ten (10) Business Days' notice.
12.2 We may suspend, disable or terminate Your access on reasonable notice (where reasonably possible) if: it is reasonably required for maintenance, support, operation or security of Our Website; We believe on reasonable grounds You are in breach of these Terms; We believe You lack necessary authorisations; We believe You have engaged in conduct that may bring Us or Our Website into disrepute; a Payment Processor or Government Agency requires it; or a Buyer does not pay Our Fees when due.
12.3 We may terminate immediately by notice if You breach these Terms and fail to remedy a remediable breach within five (5) Business Days of written notice.
12.4 On termination or expiry: a Buyer must pay any outstanding Fees; Your user name and password expire after 20 Business Days; and clauses 7, 8, 9, 10, 11, 12.4, 13, 14, 16 and 17 continue.
13. Dispute resolution
13.1 Any dispute relating to these Terms (Dispute) must, before a party starts litigation (other than for urgent or interlocutory relief), be dealt with as follows: the affected party notifies the other with details; nominated representatives meet within 10 Business Days to try to resolve it; if unresolved within 20 Business Days it is escalated to a senior executive; if still unresolved within a further 20 Business Days, either party may refer it to mediation under the rules of the Australian Commercial Disputes Centre, and the parties participate in good faith and share the mediator's fees equally.
13.2 Any dispute about the sale of an Item must be resolved solely between the Buyer and the Seller without Our involvement.
14. Fees
14.1 Following a sale and Our notification under clause 3.8, the Buyer's Premium is immediately due and payable by the Buyer to Us. On payment We will issue a tax invoice and provide the Seller's contact details to the Buyer.
14.2 If, during the sale process, the Seller sells the Item elsewhere in breach of clause 3.2(a), or a sale does not complete due to the Seller's breach, or the Seller fails to complete the sale, the Seller must pay the Cancellation Fee to Us on demand.
14.3 We may modify Our Fees from time to time under clause 16, but a changed Fee will not apply to Items already listed at the time of the change.
14.4 Following a sale, if a Buyer demonstrates to Our reasonable satisfaction that a Seller breached its representations or failed to complete the sale, We may, at Our discretion, refund any Buyer's Premium paid by that Buyer.
14.5 Buyer's Premium rates. The Buyer's Premium is 10% of the purchase price of the Item, subject to the following minimum and maximum fees for the relevant auction type (all amounts in AUD, inclusive of GST):
(a) Plate auctions: minimum fee of $500 where the purchase price is under $10,000, and $1,000 where the purchase price is $10,000 or more; maximum fee of $20,000.
(b) Car auctions: minimum fee of $2,000; maximum fee of $20,000.
(c) Car parts and memorabilia auctions: minimum fee of $300; maximum fee of $20,000.
15. GST
15.1 Expressions in this clause have the meaning given in the GST law. Amounts payable under these Terms for a taxable supply We make are stated inclusive of GST unless expressed to be exclusive, in which case the payer must also pay the GST. Each party will provide tax invoices and documentation needed to claim input tax credits. We warrant We are registered for GST and will notify You if that ceases.
16. Amendments to Terms
16.1 We may amend these Terms at any time, effective on notification on Our Website. Your continued use after notification is agreement to the amended Terms.
17. General provisions
17.1 You must not release any publicity relating to Us without Our prior written consent.
17.2 Notice must be in writing in English and may be given by email, deemed received on the next Business Day after sending.
17.3 These Terms are the entire agreement between You and Us regarding use of Our Website.
17.4 You must not assign Your rights without Our prior written consent (not unreasonably withheld). We may assign or novate Our rights and obligations by notice to You.
17.5 A waiver on one occasion does not waive any right on another occasion.
17.6 If any provision is invalid, unenforceable or illegal, it is read down or severed, and the remainder continues in full force.
17.7 These Terms are governed by the Laws of Victoria, Australia, and You submit to the non-exclusive jurisdiction of its courts.
18. Definitions
In these Terms, unless the context requires otherwise:
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced.
- Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria.
- Buyer means a registered User with Buyer Access who accepts these Terms.
- Buyer's Premium means Our fee of 10% of the purchase price of an Item, inclusive of GST, subject to the minimum and maximum fees for the relevant auction type set out in clause 14.5, payable by the Buyer under clause 14.
- Cancellation Fee means the greater of $400 (exclusive of GST) and 2% of the Reserve Price, payable under clause 14.2.
- Communication Services means the messaging, forms, enquiry and forum functions of Our Website.
- Fee means the Buyer's Premium and/or the Cancellation Fee.
- Government Agency means any government or governmental, administrative, fiscal or judicial body or authority.
- GST / GST law have the meanings in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- In trade means in the course of carrying on a business.
- Intellectual Property means all current and future registered and unregistered rights in copyright, designs, trademarks, trade and business names, trade secrets, know-how, confidential information, patents, inventions and discoveries, and similar rights anywhere in the world.
- Item means an item located in Australia made available for sale on Our Website, including a Vehicle, a Part, Memorabilia, a number plate or registration right, or other goods.
- Laws means any statute, rule, regulation, proclamation, order, ordinance or by-law, whether Commonwealth, State, Territory or local, including the Motor Car Traders Act 1986 (Vic) and equivalent State legislation, the Australian Consumer Law and road/transport legislation.
- Loss means loss or damage of any kind, including liability to a third party.
- Memorabilia means automotive memorabilia, automobilia and collectables.
- Part means a vehicle part, component or accessory.
- Payment Processor means Stripe Payments Australia Pty Ltd ACN 160 180 343 and/or Apple (via Apple Pay).
- Personal Information has the meaning in the Privacy Act 1988 (Cth).
- PPSR means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
- Privacy Policy means Our privacy policy at plater.com.au/privacy, as updated from time to time.
- Reserve Price (also Minimum Price) means a minimum price for an Item nominated by a Seller.
- Roadworthy Certificate means a certificate of roadworthiness under the applicable State law.
- Security Interest means a mortgage, charge, lien, pledge, security interest, title retention, encumbrance or set-off right, including a security interest within the meaning of the Personal Property Securities Act 2009 (Cth).
- Seller means a registered User offering an Item for sale who accepts these Terms.
- Trader means a User who sells in trade, including a licensed motor car trader or motor vehicle dealer.
- User means a Seller or a Buyer.
- User Materials means photographs, data, content and other materials provided to Us by Users.
- Vehicle means a motor car or motor vehicle within the meaning of the applicable road/transport Laws, offered for sale on Our Website.
- We, Us, Our means PlaterAU Pty Ltd ABN 76 663 373 993.
- Website means Our website, its subdomains and mobile sites.
- You, Your means any person or entity using, or intending to use, Our Website.