Welcome to the AmazingEV

Thank you for visiting AmazingEV.com.au, we are pleased to provide you with access to the our website, apps and related services operated by AmazingEV and its related bodies corporate (“AmazingEV”).  However, there are a few rules we must insist you follow, respectfully.

By accessing or using the AmazingEV.com.au, you agree to be bound by these terms and conditions of use (“Terms & Conditions”) and any other terms and conditions referred to in these Terms or notified to you on AmazingEV.com.au – each as amended from time to time.

1. About the AmazingEV

(a) AmazingEV.com.au publishes or makes available on the AmazingEV, information, advertisements, products and services, vehicle data, valuations, software and other content supplied by AmazingEV and third parties (“Material”).

(b) AmazingEV does not warrant or endorse the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using AmazingEV (including via links to third party websites).

Please remember you are responsible for assessing the accuracy of the Material and any information.

Then rely on it at your own risk.

(c) Unless expressly stated by AmazingEV, AmazingEV does not provide any warranty in relation to any goods or services advertised for sale on AmazingEV by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit or safe for the purpose intended, as described by the seller or owned by the sell

2. Personal and non-commercial use only

(a) Unless you have signed Commercial Terms with AmazingEV, use of AmazingEV is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or  a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for        accessibility), you must not without the prior written approval of AmazingEV do any of the following or authorise a third party to do that thing on your behalf:

1. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
2. use or attempt to use any Material to create any website, publication or searchable database;
3. mirror or frame any website or Material from the AmazingEV;
4. use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
5. use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
6. publish, transfer or sell any Material, information or functionality derived from the AmazingEV.com.au; or
7. undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.

(b) If AmazingEV considers that you or any party related to you has acted contrary to these Terms, then AmazingEV may immediately terminate your right to access and use AmazingEV and reserves its right to take any action it deems necessary or desirable to prevent such repeated actio

3. You are responsible for use of the AmazingEV.com.au

(a) The Material made available on (or via) AmazingEV is provided as general information only. The Material is not professional, expert or other advice and it is not a substitute for such advice.  The Material may not be appropriate, correct or sufficient for your circumstances, should not be relied on as the only reason you do or don’t do anything, and may not be continually accessible or free from errors or viruses.

(b) You indemnify AmazingEV against any liability, loss, claim or demand if AmazingEV (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms- including any warranties you provide in them.

(c) You must keep your username and password to access AmazingEV secure and confidential and not provide those details to any third party.

You accept all liability relating to unauthorised use of any username and password issued to you.

4. Goods and services provided by AmazingEV

Any goods or services offered by AmazingEV (beyond access to the AmazingEV.com.au ) are subject to additional terms and conditions.  To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.

5. Goods and services provided by third parties

(a) If goods and services are offered on AmazingEV by third parties (sellers):

vehicle prices often exclude delivery, government and statutory charges (always check with the seller);

you are responsible for making all relevant searches, enquiries and investigations in relation to the goods and services including searching any written off vehicle register or register of security interests (including the Personal Property Securities Register);

AmazingEV does not act as any person’s agent or broker, arrange any contract between you and any person, or provide any warranty in relation to any person’s goods or services (unless specifically stated); and;

AmazingEV will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person or resolving any dispute between you and any person.

For the purpose of these Terms, “person” means any legal entity, including an individual or business.

(b) AmazingEV may augment information supplied by sellers, for example by using the make, model and series provided by a seller to suggest vehicle features.  This information relies upon the seller accurately identifying their vehicle and also on information provided to AmazingEV from third parties (for example original equipment manufacturers).  Whilst AmazingEV requests that sellers check this information, such information may still be inaccurate.

AmazingEV strongly recommends that you check with the seller that all information contained in an advertisement or listing is accurate before you make any purchase.

6. AmazingEV’s liability to you is limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied warranties in respect of any goods or services provided by AmazingEV are hereby excluded.

(b) Subject to subclause 6(c), and except to the extent that liability cannot be excluded under applicable laws, AmazingEV will not be liable to you for claims arising out of or in connection with your access and use of AmazingEV and related services howsoever arising, including in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

(c) To the full extent permitted by the law, AmazingEV will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded provided that, any such liability of AmazingEV is limited, at AmazingEV’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply.

(d) To the full extent permitted by law, AmazingEV will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings, delay or for any financing costs, increase in operating costs or economic loss.

(e) For the purposes of this section, the term AmazingEV means AmazingEV, its officers, employees, contractors and agents, whether individually or collectively.

(f) This clause 6 will survive any expiry or termination of these Terms.

(g) Where you have purchased a specific product or service from AmazingEV, please check your additional specific product or service terms for liability provisions which may prevail over this clause.

7. Copyright, trademarks and licence

(a) Material on AmazingEV is protected by copyright and intellectual property laws.  All rights not expressly granted under these Terms are reserved by AmazingEV.  Unless otherwise indicated on the AmazingEV.com.au website, the Material is owned by or licensed to AmazingEV and is subject to copyright (the “Copyright Material”).

(b) You may:

only copy or reproduce the Copyright Material for the purpose of browsing AmazingEV or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and

not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) AmazingEV and other names of AmazingEV’ products and services are registered or unregistered trade marks of AmazingEV.  Other product and company names mentioned on AmazingEV may be the trade marks of third party owners.  Nothing displayed on AmazingEV should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.

(d) In consideration of AmazingEV allowing you to access and use the AmazingEV.com.au, you grant to AmazingEV a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via AmazingEV for such purposes as AmazingEV reasonably determines from time to time (subject to AmazingEV’ Privacy Policy).  You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third party rights. You agree to AmazingEV taking any actions that may otherwise infringe your moral rights in relation to the material

8. Your AmazingEV.com.au Account

(a) If you register with AmazingEV.com.au, additional products and services (e.g. fuel discounts) may be made available to you on specific supplementary terms.

(b) By opening a AmazingEV.com.au account, you agree to receive electronic communications from AmazingEV about its products and services, however you may opt out of this via your account preference centre.

(c) If you add details of an existing vehicle into your AmazingEV.com.au account, you agree to AmazingEV providing those details to car dealers along with any vehicle enquiry you make so that dealers can make you trade in offers.  You can opt out of this at the time of enquiry.

(d) If you create a username and user profile photo connected to your AmazingEV.com.au account, or choose to verify your identity, AmazingEV may display these publicly in your AmazingEV.com.au communications, including in adverts or one-to-one messages.

9. Communications services

(a) AmazingEV may provide you with the ability to communicate with AmazingEV, sellers, third party advertisers and other users of AmazingEV through online forms, interactive voice response, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of communication (“Communications Services”).

(b) Unless stated otherwise, please assume that Communications Services are public and not private communications, and you agree to publication of your communications.  AmazingEV may, in its discretion, collect, store or scan communications, however you should not rely on it doing so.

(c) Use of the Communications Services is provided on condition that you do not:

1. transmit any information or material which is incorrect, misleading or deceptive
2. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by AmazingEV to be inappropriate
3. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging
4. use the Communications Services for any unlawful purpose
5. post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights
6. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user’s computer or damage any of AmazingEV (infrastructure or content)
7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
8. advertise or offer to sell any goods or services other than as approved in writing by AmazingEV
9. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms
10. excessively use the Communications Services in a manner which may hinder or prevent AmazingEV from providing services to any other person or which may threaten the integrity or use by any person of the AmazingEV.com.au or
11. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) AmazingEV may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.  AmazingEV may also suspend or terminate the use of AmazingEV of any person determined by AmazingEV to be in breach of these Terms.

10. Software services

(a) Any software, including HTML code, that is made available to download from AmazingEV(“Software”) is owned by AmazingEV and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”).  You must agree to the terms of the Licence Agreement before using the Software.

(c) If there is no Licence Agreement, AmazingEV grants you a personal, non-transferable license to use the Software for viewing and otherwise using AmazingEV in accordance with these Terms, and for no other purpose. You must not:

1. copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;
2. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
3. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
4. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

(a) InfoAgent has prepared data and vehicle history from information gathered from a variety of sources (including third party sources such as the NEVIS) that may be displayed on the AmazingEV.com.au.  Whilst all care is taken in producing the data and valuations, InfoAgent does not make any representations regarding the accuracy, completeness or fitness for purpose of its data.  You should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.

(b) InfoAgent is not liable for any loss or damage (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, valuation or other data provided by InfoAgent.

12. AmazingEV and your privacy

By using the AmazingEV.com.au , you agree to the AmazingEV Privacy Policy which sets out how AmazingEV collects, uses and discloses your personal information

13. Send Message

(a) Send message: Where AmazingEV allows you to email the Seller a message.  The message Sender wil follow all the Conduct terms outlined in this document, as well as respect and good nature, we expect as if you were talking to the Receive

14. What law governs these Terms?

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.

15. AmazingEV may change its terms

(a) AmazingEV may modify or amend its terms and conditions for its goods or services from time to time. Modifications of these Terms (and terms and conditions linked to these Terms) take effect once displayed on this website or app, however, will only apply to your use of AmazingEV after that date.

(b) AmazingEV may, acting reasonably, cease to provide you with access to AmazingEV or any of its services without notice.

(c) All rights not expressly granted are reserved.\

16. Contact AmazingEV

If you have a question, issue or need to contact us:

Phone: (02) 85 4141 39

Email – questions: rosco@amazingev.com.au

Version 1.1 (15 September 2023)