Purchasemart is an online concierge service to manage the buying process when purchasing a motor vehicle, boat or caravan. In order to provide you with the best user experience and protect your interests and the interests of other members on our Site and/or App, we require all users of the Site and/or App to comply with the following Terms of Use and the Privacy Policy.

In these terms and conditions, "us", "we" or "our" means Donflinn Investments Pty Ltd ACN 617 574 204. It is important to us that you understand these terms and conditions which relate to your use of www.purchasemart.com.auand the App (the "Site &/or App"). If you have any questions, please contact us via the Contact Us page.

1) Agreement

a)By accessing and using the Site &/or App, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Site &/or App relating to your use of the Site &/or App ("Terms of Use").

b)We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site &/or App. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site &/or App after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of the Site &/or App, your only remedy is to immediately:

i)discontinue your use of the Site &/or App; and/or

ii)terminate your membership in accordance with the Terms of Use.

2) Membership and subscription

a)You must be at least 18 years old to become a member of the Site &/or App. You must not attempt to register if you are under 18 years old.

b)When you create a member profile, you must be ready, willing and able to purchase the type and quality of vehicle, boat or caravan you are inquiring about, which includes having adequate financial means to do so.

c)There is no charge for creating a member profile however we will charge you a one-off fee of $250 including GST (the “Establishment Fee”) for using the tendering process on the Site &/or App. The Establishment Fee may be paid online prior to being provided with any tender information and is non-refundable.

d)If we cannot find you the best deal in the market within 3 months of your payment of the Establishment Fee and providing all relevant information we require, then we will refund you the Establishment Fee in full.

e)When registering as a member of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to promptly inform us of any changes to that information and update your membership profile as necessary. You may do this at any time by accessing your Account page on the relevant Site &/or App.

f)As a member of the Site &/or App, you are permitted to create one profile for yourself on that Site &/or App. You must not create multiple member profiles or fake member profiles on the one Site &/or App.

g)All personal information you provide to us will be treated in accordance with our Privacy Policy

3) Vehicle Purchase Service

a)We will act as your buying agent to secure you a competitive offer for the type of vehicle, boat or caravan you are looking to purchase.

b)To commence the process, you will be required to set up your member profile and pay the Establishment Fee.

c)The Vehicle PurchaseService involves the following process (“Vehicle Purchase ServiceProcess”):

i)You provide us with the details about the type of vehicle you are looking to purchase in the Vehicle PurchaseService Form (your “Purchase Requirements”);

ii)The dealers will consider your Purchase Requirements and provide us with photos of the available vehiclesand we will make these available to you via the Site &/or App in searchable format including detailed information on each vehicle (the “Vehicle Purchase Material”);

iii)If your Purchase Requirements change during the Vehicle Purchase Service Process, you must advise us straight away so that we can change our brief to the dealers. If the change to your Purchase Requirements are substantial such that the type of vehicle, boat or caravan is completely different from the original material submitted to the dealers, then we reserve the right to treat this as a second service and charge a second Establishment Fee, and you agree that this is fair and reasonable, and agree to make such further payment if requested.

iv)We will provide you, via your membership profile, each quote and that particular dealer’s terms (“Vehicle Purchase Quote”) as we receive them.

v)You are entitled under the Consumer Law to rely on the Vehicle Purchase Material and Vehicle Purchase Quote provided by the dealer which you receive in your member profile, as a fair and reasonable description of the vehicle.

vi)You then make your selection and notify us in your membership profile by clicking on the Accept button, at which point we will formally accept the dealer’s Vehicle Purchase Quote.

d)You understand and acknowledge that once you click the Accept button, you are entering into a legally binding contract to sell your vehicle, boat or caravan to the dealer whose Vehicle Purchase Quote you selected.

e)You understand and acknowledge that you have the right to seek independent legal advice on the terms submitted in the Vehicle Purchase Quote and are under no obligation to select any of the Vehicle Purchase Quotes.

f)We leverage our relationships built with the dealerships to achieve the competitive quotes which may not be afforded to individual sellers who cannot offer a volume of sales to dealerships. As such, the Vehicle Purchase Quote provided to you during the Trade-In Process is exclusive to us, and will only be honoured if your trade-in is completed using our Site &/or App.

g)You are solely responsible for taking into consideration your best options in terms of comparing your potential to obtain a private sale to any Trade-In Quote that you may achieve for selling your current vehicle (in any) and how this will impact your financial position regarding the Vehicle Purchase Quote, should you choose to Accept the terms. We do not give financial advice nor any advice regarding the value of the vehicle, boat or caravan Quoted by the dealers.

h)When effecting the Vehicle Purchase Service, we are merely acting as your broker and not responsible for any issues that arise between you and the dealer after you have entered into the legally binding contract by clicking the Accept button.

i)You are wholly responsible for providing accurate information about, and not hiding any defects regarding, the vehicle, boat or caravan and ensuring that you have full, unencumbered rights to sell the vehicle prior to you entering into the legally binding contract. You release us and hold us forever harmless for any liability, loss, cost or claim made against you, the dealer or a third party as a direct or indirect result of your breach of this clause.

4) Trade-In Service

a)Upon your payment of the Establishment Fee, you will be entitled to use the Trade-In Service also at no extra cost.

b)The Trade-In Service involves the following process (“Trade-In Service Process”):

i)You provide us with the details about your vehicle for trade-in requested in the Trade-In Service Form;

ii)You upload photos of your vehicle in the format advised on the Trade-In Service Form;

iii)We use these details and photos (the “Trade-In Material”) and present this to several relevant dealers to ascertain quotes from each for your consideration;

iv)We advise you, via your membership profile, of each quote and that particular dealer’s terms (“Trade-In Quote”) as we receive them;

v)You make your selection and notify us in your membership profile by clicking on the Accept button, at which point we will formally accept the dealer’s Trade-In Quote.

c)You understand and acknowledge that once you click the Accept button, you are entering into a legally binding contract to sell your vehicle, boat or caravan to the dealer whose Trade-In Quote you selected.

d)You understand and acknowledge that you have the right to seek independent legal advice on the terms submitted in the Trade-In Quote and are under no obligation to select any of the Trade-In Quotes.

e)We leverage our relationships built with the dealerships to achieve the competitive quotes which may not be afforded to individual sellers who cannot offer a volume of sales to dealerships. As such, the Trade-In Quote provided to you during the Trade-In Process is exclusive to us, and will only be honoured if your trade-in is completed using our Site &/or App.

f)When effecting the Trade-In Service, we are merely acting as your broker and not responsible for any issues that arise between you and the dealer after you have entered into the legally binding contract by clicking the Accept button.

g)You are wholly responsible for providing accurate information about, and not hiding any defects regarding, the vehicle, boat or caravan and ensuring that you have full, unencumbered rights to sell the vehicle prior to you entering into the legally binding contract. You release us and hold us forever harmless for any liability, loss, cost or claim made against you, the dealer or a third party as a direct or indirect result of your breach of this clause.

5) Other Products and Services

a)As a member, you may in the future also have the ability to access features and services available on the Site &/or App (such as communicating with other members, subscription services or any chargeable service or feature that becomes available from time to time).

b)To make purchases online, you must be a member. We may charge you fixed fees for packages, bundles and individual items, and we reserve the right to change these fees from time to time without notification to you. The relevant fee for payment will be that fee that is current as at the time of your purchase, unless you have been provided with a Quote which has not yet expired.

b)We may in the future, provide you with a quote for the fixed fee products and/or services you request and this quote will remain valid for a period of 10 days from the date the quote is issued to you (“Quote”).

d)Your Quote will include any purchases, postage and insurance costs which are to be paid for by you prior to any products being shipped.

e)Risk passes to you upon your payment of anyproducts. Therefore, you are responsible for any damage incurred during shipping and you elect to take out insurance cover or otherwise at your own risk. To the extent permitted by law, we disclaim any liability for items damaged after risk has passed, where the goods are not insured, or fall outside the scope of the insurance policy.

f)Where you make purchases online, you agree to abide by the terms of use of the payment gateway or facility that we use to facilitate such payments. We are entitled to pass on the fees for your use of the payment gateway or facility and any credit card surcharges relating to your purchase. In the event that you do not wish to pay fees of this nature, you will not be able to make a purchase online.

g)To the extent permitted by law, we do not warrant that the products will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds from the third-party supplier for change of mind so please choose carefully.

h)Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use.

i)Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site &/or App or terminate your membership in accordance with the Terms of Use.

j)In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.

k)While we use reasonable endeavours to ensure that the Site &/or Appand Social Pages are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or Appand Social Pages may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

l)We reserve the right to change or discontinue any service or feature of the Site &/or Appand Social Pages in whole or in part any time.

m)You understand that we are not a supplier but an intermediary agent for you. As such, you agree to hold us harmless and indemnify us against any costs, claims, liability, legal action and any issues caused (including any consequential loss) as a direct or indirect result of your purchasing products from third parties suggested to you through our service. Although we will provide you with reasonable customer assistance where a third-party dispute arises, we are in no way liable for the actions and/or any loss caused by a third party, and by using our service, to the full extent permitted by the law, you agree that you will not join us in any claim or seek compensation from us at any point of time. We agree to facilitate returns for defective goods, however will not be liable for the value of the defective goods, as your contract of purchase will be directly with the third-party supplier.

6) Secure access

a)You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

b)We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.

7) Intellectual property

a)We own and retain all proprietary rights in and relating to the Site &/or Appor Social Pages. Proprietary rights in and relating to the Site &/or Appor Social Pages must not be used in any way without our prior written consent.

b)You warrant that any Content that you post or transmit on the Site &/or Appor Social Pages, or otherwise transmit to any other member of our Site &/or Appor Social Pages by any other means, will not infringe the intellectual property rights of any third party.

c)Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

d)No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on our Site &/or Appor Social Pages, or otherwise transmitted to any member of our Site &/or Appor Social Pages, other than their own Content, without the express written permission of the relevant owner.

e)If you believe that any Content has been posted or transmitted on the Site &/or Appor Social Pages, or otherwise transmitted to any member of our Site &/or Appor Social Pages by any other means, in violation of your rights, please send us an email via the Contact Us page.

8) External activities

a)From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).

b)External Activities may be subject to separate terms and conditions.

c)You acknowledge that you participate in any External Activities entirely at your own risk.

d)In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

e)In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

9) Third party websites and advertising

a)From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.

b)From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

10) Content

a)Any images, sounds, or text (Content) that you transmit or post on the Site &/or App or any of our social media pages (“Social Pages”), or otherwise transmit to any other member of the Site &/or App by any other means, must be complete and accurate.

b)You agree not to post or transmit on the Social Pages, or otherwise transmit to any other member of the Social Pages by any other means, Content that:

i)is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

ii)is false or misleading in any way;

iii)infringes the rights of any third party;

iv)you do not have a right to make available under any law or contractual obligation;

v)is sexually explicit or contains sexual references / innuendo;

vi)pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;

vii)contains restricted or password only access pages, or hidden content; or

viii)contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

c)Without limiting the above, you must not transmit or post on the Site &/or App or Social Pages, or otherwise transmit to any other member of the Site &/or App or Social Pages by any other means, any images that contain:

i)images of any person other than you (without their consent);>

ii)material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or

iii) nudity.

d)You are solely responsible for Content that you transmit or post on the Site &/or Appor Social Pages, or otherwise transmit to any member of our Site &/or Appor Social Pages by any other means.

e)We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Site &/or Appor Social Pages, or otherwise transmitted to any member of the Site &/or Appor Social Pages by any other means, by any person.

f)We reserve the right, but have no obligation, to review Content transmitted or posted on the Site &/or Appor Social Pages, or (where possible) otherwise transmitted to any member of the Site &/or Appor Social Pages by any other means.

g)Without limiting your responsibilities under the Terms of Use, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person.

h)We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Site &/or Appor Social Pages, or otherwise transmitted to any other member of the Site &/or Appor Social Pages by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the Site &/or App or Social Pages, or otherwise transmitted to any other member of the Site &/or App or Social Pages by any other means.

11) Use of the Site &/or App or Social Media Pages and prohibited activities

a)You agree not to use the Site &/or App or Social Pagesto:

i)defame, abuse, harass, stalk, threaten or otherwise offend others;

ii)engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

iii)impersonate or create a profile for any person or entity;

iv)promote, or provide information about, illegal activities or conduct;

v)promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

vi)exploit any person under the age of 18, or to solicit information from anyone under 18; or

vii)solicit money, passwords or personal information from any person.

b)You also agree not to:

i)use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App or Social Pages;

ii)"frame" or "mirror" any part of the Site &/or App or Social Pages without our prior written authorization;

iii)use code or other devices containing any reference to the Site &/or App or Social Pages to direct other persons to any other web page;

iv)except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or Social Pages or cause any other person to do so.

c)The Site &/or App are for the personal use of individual members only. Businesses, groups, organizations and companies are not prohibited from registering as members, however the Site &/or App and Social Pages must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Site &/or App or Social Pages is prohibited.

d)We have no obligation to monitor any member's use of our Site &/or App or Social Pages, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

12) Safe interaction, complaints and disputes

a)Unfortunately, it is possible that other members of the Site &/or App or Social Pagesmay use the Site &/or Appor Social Pages in violation of the Terms of Use. For example, it is possible that another member may post or transmit on the Site &/or App or Social PagesContent that is obscene or offensive, or use the Site &/or App or Social Pagesto harass you.

b)We urge you to be cautious when interacting with other members of the Site &/or Appor Social Pages. You should carefully select the Content that you post or transmit on the Site &/or Appor Social Pages, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on the Site &/or Appor Social Pages, or otherwise transmit to any other member of the Site &/or Appor Social Pages by any other means, will be considered non-confidential.

c)If you are experiencing problems with any other member of the Site &/or App or Social Pagesand would like to make a complaint, please send us an email via the Contact Us page.

d)We may record and store any information relating to any complaint made against you.

e)We reserve the right, but have no obligation, to monitor disputes between members of the Site &/or Appor Social Pages.

f)You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Site &/or Appor Social Pages.

13) Termination and suspension

a)You may terminate your membership of the Site &/or App for any reason only by providing notice to us. You can provide notice of termination by:

i)selecting 'cancel account' within your Account settings and following the instructions;

ii)mailing it to our postal address listed on the Contact Us page; or

iii)emailing us via the Contact Us page.

b)We reserve the right to, without limitation, do any or all of the following in relation to your membership:

i)suspend your membership;

ii)permanently or temporarily hide all or part of your member profile;

iii)modify your member profile;

iv)terminate your membership for any reason by providing notice to you by email;

v)terminate your membership immediately without notice to you if you have committed a breach of the Terms of Use;

vi)deactivate your membership if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/or

vii)permanently or temporarily block your access to all or part of the Site &/or App.

14) Limitation of liability and indemnity

a)You acknowledge that you use the Site &/or App at your own risk.

b)You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App, or any other members' or third party suppliers’ use of or conduct in connection with the Site &/or App, in any circumstance.

c)You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App, including any breach by you of the Terms of Use.

d)To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App.

e)To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Site &/or App purchased by you during the term of your membership.

f)In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

15) General

a)No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or Appor Social Pages.

b)The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or Appor Social Pages.

c)If any provision of the Terms of Use is held to be invalid, the remainder of the Terms of Use shall continue in full force and effect.

d)You agree that the Terms of Use will be governed by the laws of Queensland.