Dealer Agreement

This Dealer Agreement is between Carified (ABN 57 876 988 566) (“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.
• Send us your renewed licence with Request a Change… before it expires. We aim to review a renewed licence within 2 business days. Once the expiry date you gave us passes, the dealership can’t put more cars on sale or renew them until our team approves the updated licence, except while a renewal with a later expiry date is waiting for our review. Cars already on sale stay up. Licences in Victoria, South Australia and the Northern Territory don’t have an expiry date, so this doesn’t apply there.
• Ask for changes to your trading name, licence or yard address with Request a Change… in the dealer dashboard’s Settings → General. 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, enquiries, 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.

The owner can hand the dealership to a Manager in Settings → Team. Before the hand-over completes, the new owner must verify their identity and email address, confirm that the ABN and dealer licence still belong to the business and that it has authorised them to take over, and accept this agreement for it. The outgoing owner then becomes a Manager. The card on file stays on the plan until the new owner replaces it.

If the owner can no longer act for the dealership (for example, they’ve left the business or can’t be reached), we may, on evidence from the business, offer ownership to a member of its team. We’ll tell the current owner when we make the offer, and they can contact us to object before it’s accepted. A change of owner doesn’t change the business this agreement is with. If the business is sold, or its ABN or dealer licence changes (other than a renewal), the new business needs to apply again.

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.
• Advertise every car at a drive-away price: one that includes registration (including compulsory third party insurance), stamp duty, transfer and every dealer charge. A price is shown as drive-away only once you confirm this, which you do when you put a car on sale, and the dealership is responsible for it being true. Until you confirm it, the price is shown without an on-road cost estimate, and buyers are told to ask the dealership what it includes. A car from a feed whose price doesn’t include those charges is listed without a price.
• 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).
• Handle buyers’ information as the Australian Privacy Principles would require, even if the Privacy Act 1988 doesn’t apply to the dealership.
• Keep any information taken off Carified to complete a sale secure, and delete it once it’s no longer needed for the sale or to meet the law.
• Tell us within 72 hours of becoming aware that a buyer’s information may have been misused or exposed.

Team notes and lost-enquiry 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 or at support@carified.com.au 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.

Prices are in Australian dollars. Carified isn’t registered for GST, so no GST is charged. If Carified becomes registered for GST, prices will include it. 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 → 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. Any credit left when the plan ends is refunded to the card.
• 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 give at least 30 days’ notice of a new price in an announcement on the dealer dashboard. It applies from the first billing period after the notice ends, and the owner can cancel before then. If the dealership ends its plan because of the new price during the notice, we’ll refund the unused part of the month (see Changes & Ending This Agreement).

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. Requests over a limit are refused until it resets. We may also pause or revoke access that breaks these limits or puts the security or stability of Carified at risk, and we’ll tell the owner where we can.

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.
• We reasonably believe 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, and we refund the unused part of the month, whatever the reason. If you think we’ve got a suspension or revocation wrong, email support@carified.com.au within 14 days; someone who wasn’t involved will review it and reply within 10 business days.

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, and each side’s total liability to the other under this agreement is limited to the plan fees the dealership paid in the 12 months before the claim. These limits don’t apply to fraud, to the dealership’s breach of its duties about buyers’ information, or to amounts owed under this agreement.

Where the law lets us, our liability for breaching a consumer guarantee is limited to supplying the services again or paying for them to be supplied again. Nothing in this agreement excludes, restricts or modifies rights the dealership has under the Australian Consumer Law that can’t be excluded.

We may update this agreement, but only for a legitimate reason: a change in the law, a change in how Carified works, or to protect buyers. Before a material change takes effect, we’ll give the owner at least 30 days’ notice by email and on the dealer dashboard, explaining what has changed, and ask the owner to accept the new version there. A change that isn’t material won’t reduce the dealership’s rights.

Until the owner accepts a new version, the version they last accepted keeps applying, up to the day the new one takes effect, 30 days after we publish it. From that day, the new version applies, and the dealership can’t put more cars on sale or renew them until the owner accepts it. Cars already on sale stay up. Earlier versions, and the day each one took effect, are listed with this page’s version picker.

If the dealership doesn’t accept a change to this agreement, or to plan prices, the owner can cancel its plan during the notice period. If the dealership ends its plan because of that change, the owner can ask us via the Support page or at support@carified.com.au to end it straight away, and 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. If we stop offering Carified to dealerships, we’ll give the owner at least 60 days’ notice and refund the unused part of the month. 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.

We send notices under this agreement to the email address on the owner’s Carified account, so keep it current. The dealership sends notices to us at support@carified.com.au.

We may transfer this agreement to a business that takes over Carified, such as a company we set up to run it. We’ll tell the owner first, and the dealership can then cancel its plan and get a refund of the unused part of the month. The dealership can’t transfer this agreement without our written consent.

Questions about this agreement or your dealership’s obligations? Contact us via the Support page or at support@carified.com.au.