Dealer Agreement

This Dealer Agreement is between Carified (“Carified”, “we”) and the business that opens a dealership on Carified (“the dealership”, “you”). It forms part of our Terms of Service. If this agreement and the Terms of Service differ on something about a dealership, this agreement applies.

The person who opens the dealership accepts this agreement for the business when they submit its application, and confirms they are authorised to do so. Every car the dealership lists is also covered by the Seller Agreement, and how we handle personal information is set out in our Privacy Policy. Each person on the dealership's team uses Carified with their own account under the Terms of Service.

A dealership on Carified must be a business that holds a current motor dealer licence in the state or territory where it trades, and an active ABN. Our team checks the licence and the ABN before the dealership can put cars on sale, and the ABN is checked against the Australian Business Register.

You agree to:

• Keep your licence current, and tell us within 14 days if it is suspended, cancelled, surrendered or made subject to conditions, or if your ABN is cancelled.
• Stop putting cars on sale on Carified while you aren't licensed to sell them.
• Ask for changes to your trading name, licence or yard address with Request a Change… in Settings → Dealership. The current details stay on Carified until our team approves the change. A new ABN means a new application.
• Keep your phone number, website, trading hours and other storefront details accurate.

Each dealership has one owner, and can invite managers and sales staff. What each role can do is shown in Settings → Team. The owner is the person Carified deals with for the dealership: they manage the team and the plan, and they can agree to things for the business.

The dealership:

• Is responsible for what its team does on Carified for it, including messages, offers, trade-in figures, listings and notes, as if the dealership did it.
• Only invites people who work for it, and removes someone from the team promptly when they stop working for it.
• Makes sure its team follows this agreement, the Seller Agreement and the Terms of Service.

The dealership's cars, listings, conversations, deals, reviews and records belong to the dealership, not to the person who created them. When someone leaves the team, they lose access, and what they handled stays with the dealership. A person can belong to one dealership at a time. To hand the dealership to a new owner, contact us via the Support page.

Every car the dealership lists must meet the Seller Agreement, including its disclosure rules. As a licensed dealer, you also agree to:

• Only list cars the dealership has in stock, or is authorised to sell, and that are genuinely available at the advertised price.
• Follow the laws that apply to dealers where you trade, including statutory warranty, cooling-off, odometer and price display rules, and the Australian Consumer Law's rules against misleading or deceptive conduct.
• Mark a car as sold, or take it off sale, promptly once it's no longer available.
• Not use Carified to collect buyers' enquiries for cars you don't intend to sell them.

Badges such as “Story complete” are worked out from what you enter about a car. They don't mean Carified has inspected it, and you remain responsible for that information being accurate. A trade-in figure you send a buyer is not binding on either of you.

When a buyer contacts the dealership, its team can see the buyer's display name, their messages, offers and viewings, how many cars they keep in their Garage, and, if they share one as a trade-in, that car's records while they keep sharing it. You agree that the dealership and its team will:

• Use a buyer's information only to respond to their enquiry, arrange a viewing, value a trade-in and complete a sale with them.
• Not add a buyer to a marketing list, or send them marketing, unless they have separately agreed to it, in line with the Spam Act 2003.
• Not copy buyers' information out of Carified in bulk, sell it, or share it with anyone else, except where the law requires or a sale needs it (for example, a registration transfer).
• Keep any information taken off Carified to complete a sale secure, and handle it as the Privacy Act 1988 requires where it applies to the dealership.
• Tell us promptly if you believe a buyer's information has been misused or exposed.

Team notes and lost-deal notes are never shown to the buyer, but they are stored by Carified and we may have to disclose them where the law requires, including when a buyer asks for the personal information we hold about them. Keep them factual and professional.

To help buyers choose, Carified works out and shows signals about the dealership from what happens on the platform: how quickly the team usually replies (once there are enough conversations to be fair), the review score and how many buyers said the car was as described, and which cars have a complete story. Reviews of the dealership's sales count towards the dealership, not the person who sold the car.

These signals can't be paid for, edited or turned off, and you must not try to influence them with fake conversations or reviews. The dealership can reply to reviews publicly as set out in our Terms of Service. If you think a signal is wrong, contact us via the Support page and we will look into it.

A dealership pays for a plan by how many cars it can have on sale at once:

• Starter: up to 10 cars, A$600 a month.
• Growth: up to 25 cars, A$1,350 a month.
• Yard: up to 50 cars, A$2,400 a month.
• Over 50 cars: by written quote.

Prices are in Australian dollars. Carified isn't registered for GST, so no GST is charged. The plan is billed monthly in advance to the dealership, in its name and with its ABN on the invoices, and only the owner can start, change or cancel it.

• Cars on sale: the limit counts cars on sale right now, not cars listed during the month. A sold car frees its spot. A car that doesn't fit waits in Getting Ready.
• Moving to a bigger plan takes effect once the prorated difference for the rest of the month is paid, and the amount is shown before you confirm.
• Moving to a smaller plan takes effect straight away, with the difference credited on your next invoice. It isn't available while more cars are on sale than the smaller plan allows.
• Cancelling: the owner can cancel any time in Settings → Plan & Billing. The plan continues to the end of the month already paid for. We don't refund part of a month, except as set out in this agreement or where the law requires.
• Failed payments: if a payment fails, we'll tell the owner and try again. If it still can't be paid, the plan ends.
• When a plan ends for any reason, the dealership's cars come off sale. They stay in the Yard with their records, and can go back on sale with a new plan.
• Price changes: we'll announce a new price on the dealer dashboard and the Pricing page. If the dealership doesn't accept it, the owner can cancel, and if they do within 30 days of the change, we'll refund the unused part of the month.

Nothing in this agreement excludes, restricts or modifies rights the dealership has under the Australian Consumer Law.

The dealership can send us its stock from a feed URL or through the Stock API, directly or through a dealer management system provider it chooses. If you do:

• Keep API keys and feed links secret, and revoke a key straight away if it may have been exposed. The dealership is responsible for everything sent with its keys or feed, including by its provider.
• Only send cars the dealership has in stock, details that are accurate, and photos the dealership has the right to use. Cars from a feed wait in Getting Ready and never go on sale by themselves; what you publish is covered by the Seller Agreement like any other listing.
• Stay within the limits in the Stock API documentation. We may slow down, pause or revoke access that harms the platform, and we'll tell the owner when we do.

We may change the API. Where a change would stop a working integration, we'll give at least 30 days' notice unless it's needed sooner for security or legal reasons.

Your storefront shows buyers your trading name, logo, ABN, dealer licence, yard address, trading hours, contact details, About, cars and reviews. You confirm the dealership has the right to use every logo, photo and piece of text it uploads, and that using them on Carified doesn't infringe anyone else's rights, including a vehicle manufacturer's trademarks.

The licence the dealership gives us to show that content, and to show its name and logo in our own marketing, is in the Intellectual Property section of our Terms of Service.

We may suspend or revoke the dealership's dealer status if:

• Its licence or ABN is no longer current, or the information it gave us is false.
• It or its team seriously or repeatedly breaks this agreement, the Seller Agreement, the Terms of Service or the law.
• Continuing would put buyers at risk of harm or fraud.

Where practical, we'll tell the owner first, give the reason, and allow a reasonable time to respond or fix the problem. We may act without notice where there's a risk to someone's safety, a risk of fraud, or a legal reason not to tell you first. We can also take individual listings down, or act on an individual team member's account, under the Seller Agreement and Terms of Service.

Revoking dealer status ends the plan straight away and takes the dealership's cars off sale. We'll refund the unused part of the month, unless we revoked it because the licence or ABN lapsed or for fraud or another serious breach. If you think we've got it wrong, contact us and we will review the decision.

Carified is a marketplace. We aren't a party to any sale, trade-in or agreement between the dealership and a buyer, and we don't promise any number of views, enquiries or sales.

The dealership is responsible for loss or claims to the extent they are caused by its cars, its listings, its dealings with buyers, its team, or its breach of this agreement or the law. Carified is responsible for loss to the extent it is caused by our breach of this agreement or our negligence.

To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, such as lost profits, and Carified's total liability to the dealership under this agreement is limited to the plan fees the dealership paid in the 12 months before the claim. None of this limits liability for fraud, or rights under the Australian Consumer Law that can't be excluded.

We may update this agreement. For a material change, we'll post a notice on the dealer dashboard explaining what has changed, and ask the owner to accept the new version there. If the dealership doesn't accept a change, it can cancel its plan, and if it does within 30 days of the change, we'll refund the unused part of the month.

The dealership can stop selling on Carified at any time by cancelling its plan. This agreement ends when the dealership is closed or its dealer status is revoked. The parts about buyers' information, liability and amounts owed keep applying after it ends. This agreement is governed by the laws of South Australia, as set out in our Terms of Service.

Questions about this agreement or your dealership's obligations? Contact us via the Support page.