Terms

By registering through the online registration process and your continued use of the Network you agree to these Terms of Service together with any additional terms, conditions, notices and disclaimers included on the Network. If you object to any of these Terms (including any subsequent modifications) or become dissatisfied with the Service in any way, your only recourse is to immediately:
(i) discontinue your use of the Service by deleting Your Information in the Update Your Profile page, and
(ii) terminate your Account by notifying us at support@CarbonBlack.com.au
We value your comments and opinion so we hope you will let us know if you have concerns before taking any action to discontinue the Service.
 
Summary of Terms
(i) Users place Requests for a Products or Related Services using our on-line auction platform to dealers in your area.
(ii) Dealers respond to your Request by placing Bids setting out the price and other essential terms for the Request.
(iii) We may close an Auction early.
(iv) Once the Auction Period closes you have at least 7 days to accept the Bid.
(v) We are not responsible for any transactions and disputes between Dealers and Users.
(vi) We are not liable as to the nature or suitability of and Product or Related Service.
(vii) Dealers pay a monthly subscription to us to use this service.
(viii) You may receive Messages from the Winning Dealers via the Internet or your telephone.
(ix) We handle and use any of your personal information in accordance with our Privacy and Security Statement.
 
1. Definitions and Interpretation
1.1 Definitions
  Auction means the process in which Dealers make Bids for the opportunity to sell Products or provide Related Services in response to a Request.
  Auction Expiry Date means the date the Auction ends and Dealers may no longer Bid on your Request. All Auctions expire at 11 PM AEST on the Auction Expiration Date.
  Bid means the information submitted by the Dealer identifying the price, any dealer delivery charges, stamp duty and government charges and any other terms at which the Dealer is prepared to provide the Product or Related Service the subject of a Request.
  CarbonBlack, we, us and our are, and refer to, Permission2market Pty Ltd ABN 22 114 760 664 trading as CarbonBlack TyreXchange.
  Dealer means a provider of a Product or Related Services who may use the Site to place Bids.
  Messages means a message from Dealers or other businesses via the Internet (using the Network) or your mobile phone (in the form of SMS or MMS messages) in accordance with Clause 13.
  Network includes this website (Site) together with any other websites owned or operated by us or any of our affiliates.
  Notification means the notice sent to a User regarding messages.
  Product means tyres and related automotive products.
  Related Services means a service that is related to Products, including, but not limited to tyre rebalancing and tyre rotation.
  Request means a request from a User to Dealers to place Bids for a Product or Related Service to the User.
  Service means the online service provided by CarbonBlack in which Users and Dealers may be brought together through an on-line auction process.
  Spam means the use of electronic communications addressed to any person with whom the originator does not have an existing business or personal relationship, is not sent at the request or consent of the recipient and contains unsolicited commercial information or any other material of similar nature. It also includes any offline activities which are similar in nature.
  User and you is a person who has registered for the Service.
  Winning Dealer means that Dealer whose bid you have chosen to accept. Your choice may be based on any number of considerations including: price, dealer review, or dealer location.
  Any provision of these terms which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
 
2. Eligibility/Acceptance Of Use
2.1 You are only permitted to use the Service if
  (a) you are legally capable of entering into a contract, including, without limitation, the requirement that you are over the age of 18years;
  (b) you have a valid credit card accepted by CarbonBlack;
  (c) you are a resident of Australia; and
  (d) you validly register to use the Service.
 
3. Registration
3.1 Purpose
  The Service enables you to research, search, select, compare and purchase tyres and related products and services from Dealers in a reverse auction. If you accept a Bid, a contract will form between you and the Winning Dealer. You will have obligations to the Dealer under that contract, in accordance with its terms. Also, Dealers and other businesses (eg. Automobile manufacturers) which have registered to use the Service are able send you Messages in accordance with our privacy policy. The Service and its component elements are permission based (Opt-In). That means the choice of joining and continuing to take part in the Service and level of participation is entirely a matter for you.
3.2 Account information
  (a) When you register for the Service you must create a CarbonBlack account (Account) by providing the information requested in the CarbonBlack registration screens. Subject to availability, you can select your email account and password. Your user name and email account must be unique, and cannot match an existing user name or email address.
  (b) You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for all activities that occur under your Account. Where the current account details and password are provided CarbonBlack is entitled to assume that the access is by, or authorised by, you, and you indemnify CarbonBlack completely against any fraudulent, unauthorised or other access (using the correct account details and password) to your account.
  (c) You must notify us immediately if you become aware of any unauthorised use of your password or of any other security breach. Notification should be made by email to security@CarbonBlack.com.au.
  (d) Your Account, password and user name is personal to you and is not transferable under any circumstances.
3.3 Accurate Information
  (a) You warrant that all information you provide is true and accurate and that no information given or omissions made by you are intended or likely to mislead or deceive any person. We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you.
  (b) You must inform us of any change in the information provided on the CarbonBlack registration screens (including but not limited to email address/street address) and other personal contact information as soon as practicable and must use reasonable efforts to keep any other information up to date.
  (c) CarbonBlack will use information provided by you to enable you to use the Service. Your information may be provided to Dealers, and be used to notify you about the progress of an Auction in which you are participating.
3.4 Conditions of Use
  We reserve the right to terminate your use of the Service if you fail to comply with any of the following :
  (a) you may only apply for and maintain one Account and must not join or use this Service on behalf of another or make commercial use of the Service, without our prior written consent;
  (b) the information you provide are your details and must be complete, valid, truthful and correct and you must keep this information up to date;
  (c) you must validate your e-mail address (and mobile phone number if provided) by entering the validation code sent to your e-mail address with the Site when prompted within a reasonable period of registering for the Service;
  (d) you must not use the Service to send Spam;
  (e) you must not use anyone else's Account;
  (f) You must not take any actions that may undermine the integrity of the feedback system; and
  (g) you agree to receive Messages in accordance with this Agreement.
3.5 Communications from us
  CarbonBlack may contact you using the details provided by you in the CarbonBlack registration screens for, amongst other things, Account or information verification, customer service matters, to provide details of offers or promotions, message notifications and to determine your Account activity or non-use.
 
4. Service
4.1 Provision of Services
  (a) CarbonBlack provides the Service to give you the opportunity to find Dealers prepared to respond to your Requests. CarbonBlack does not sell or acquire any Products or Related Services shown on the Site and is not directly involved (whether as agent or principal) in the transactions between Users and Dealers. We do not guarantee that you will receive any Bids or that any Dealers will offer to provide you with Products or Services. By placing a Request in an Auction, Users are requesting that Dealers place Bids for the opportunity to sell that Product and Related Services to the User.
  (b) In order to use the Service, you need to observe the information and follow the instructions relating to the Auction process set out on the Site.
  (c) It is your responsibility to arrange for any transportation, scheduling of Related Services, pick up or delivery (possibly including any costs) of Products.
  (d) CarbonBlack cannot and will not make enquiries as to the nature and suitability of any Product or Related Services, the accuracy of any description of a Product or Related Services, or the ability of a Dealer to complete any transaction. CarbonBlack does not validate any User reviews of the Service or Dealers and any opinions expressed are those only of the User submitting the review.
  (e) We reserve the right to vary the specifications, rates, rewards, rules and conditions of any element of the Service and Network facilities at any time without notice. An announcement will be issued either on the Site for a period of 3 weeks or in an authorised e-mail from CarbonBlack. Because these Terms of Service may change over time, and you remain bound by them as amended, you are urged to periodically review these Terms on this Site. The most current version may be found on the CarbonBlack Web Site here. We reserve the right to terminate any or all of the Service or this Site without prior notice. Dealers may alter, amend or withdraw Messages at any time with our prior permission. Any dated information included in the content of this Site is published as of its date only, and CarbonBlack will not have any obligation or responsibility to update or amend the information.
  (f) All provision of Products or Related Services are to be made within 30 days unless stated otherwise in a Bid.
 
5. Auction Rules
  (a) If you wish to use the Service, you may submit a Request identifying the characteristics of a Product or Related Services.
  (b) You may choose the number of days, from 3 to 7, you wish the auction to run, allowing Dealers to Bid. All Auctions expire at 11 PM AEST on the Auction Expiration Date.
  (c) Prior to submitting your Request you will be provided with a Request overview which, among other things, summarises your Request and asks you to confirm that it is accurate.
  (d) You cannot change your Request once an Auction is open.
  (e) CarbonBlack has the discretion to close an Auction early.
  (f) When an Auction conducted in response to your Request closes CarbonBlack will notify you of the Bids, including the amount and other details of the Bids, and a description of your Request. CarbonBlack will then notify you of the name and contact information of the Winning Dealer and will provide your name and contact information to the Winning Dealer. If you do not respond within that time, the Bids will lapse.
  (g) Once you accept a Winning Bid, you have 30 days to purchase your tyres from the Winning Dealer.
  (h) When an Auction conducted in response to your Request closes and there are no Bids, CarbonBlack will notify you that your Request has been unsuccessful.
 
7. Warranties and indemnity
  (a) You are responsible for any information you provide through the Site. In particular, you warrant that such information:
    (i) is true, accurate and complete;
    (ii) is not fraudulent or misleading;
    (iii) does not infringe any third party’s intellectual property or privacy;
    (iv) does not violate any law, statute or regulation;
    (v) is not obscene or offensive and does not contain pornography;
    (vi) does not contain any viruses, worms, or other computer programming instructions that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
  (b) You acknowledge that you have not relied upon or been induced by any representation by CarbonBlack and CarbonBlack makes no warranty or representation as to:
    (i) the results that may be obtained through of the Service; ·
    (ii) the accuracy, reliability or otherwise of any information obtained through the Service;
    (iii) the financial or other rewards which may be obtained through the Service;
    (iv) the Service or Network being uninterrupted, timely or error free;
    (v) the goods and/or services purchased or obtained through the Service.
  (c) You indemnify and keep indemnified CarbonBlack and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon your use of the Service.
 
8. Limitation of Liability
8.1 Extent of Liability
  (a) Because we are not involved in the transaction between you and a Dealer, if you have a dispute with a Dealer, to the extent permitted by law, you release CarbonBlack, its officers, employees, agents, subsidiaries and affiliates (in negligence or otherwise). Where our liability cannot be excluded, it is limited to the maximum allowed by law, (at the option of CarbonBlack) to the resupply of Services, or the cost of having the Services supplied again. CarbonBlack shall not be liable for any claims for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
    (i) any Messages;
    (ii) use of the Service;
    (iii) use of or inability to use the Network;
    (iv) any dispute with a Dealer .
  (b) Nothing in these terms and conditions is intended to limit or exclude any liability of CarbonBlack w