TERMS & CONDITIONS

KOGEN CAR SALES

Acceptance of Terms

By accessing or using the services provided by Kogen Car Sales, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you may not use our services.

THESE TERMS

1. These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).

2. By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.

3. You should also read our Privacy Policy which sets out how we collect and use your personal information.

ABOUT US AND HOW TO CONTACT US

1. We are Kogen Car Sales Pty Ltd, a company registered in Australia. Our ACN is 667 842 551.

2. For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by telephoning our customer service team at +61401903794 or emailing us at hello@kogencarsales.com.au.

3. Please refer to our Privacy Policy which is available at www.kogencarsales.com.au for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

5. When we use the words \"writing\" or \"written\" in these terms, this includes emails.

AVAILABILITY OF OUR SERVICES

1. We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.

2. We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.

3. We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.

4. We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

5. You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.

YOUR RIGHTS

1. You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.

2. You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

3. You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.

4. If you believe your intellectual property rights have been infringed, please contact us by emailing us at hello@kogencarsales.com.au.

OUR RIGHTS

1. All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.

2. We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.

3. Our name “Kogen Car Sales” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.

INTEGRATIONS

We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third.

party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.

LIMITATION ON LIABILITIES

1. Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

2. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;

(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;

(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and

(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

3. To the fullest extent permitted by law, Our Entities are not liable to you or others for:

(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or

(b) any loss of data, business, opportunities, reputation, profits or revenues,

4. We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.

5. If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.

6. Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

INDEMNITY

1. You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.

2. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.

ENTIRE AGREEMENT

1. These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.

2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.

2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

5. You declare that the provided information is true and correct, if not, our services may be cancelled or change with no refund of the service fee.

6. In case where your motor-vehicle has any issues, you agree to declare and make note of those, if not, our services may be cancelled or change with no refund of the service fee.

7. Making false declaration or providing false details may result in cancellation of our services with no refund of the service fee.

8. You understand and agree that upon in-person inspection of your motor-vehicle our services may change or cancelled, we are not to be help responsible for any cancellations.

Vehicle Listings

All vehicle listings on our platform are subject to availability and may be updated or removed without notice. Kogen Car Sales strives to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or reliability of any content.

Pricing and Payment

Prices listed for vehicles are subject to change without notice. The buyer is responsible for all applicable taxes, fees, and registration costs. Payment terms and methods will be specified in the sales agreement.

Vehicle Inspection

It is the buyer's responsibility to inspect the vehicle thoroughly before purchase. Kogen Car Sales recommends obtaining a professional inspection and encourages buyers to ask any questions or request additional information about a vehicle.

Ownership and Title

The transfer of vehicle ownership and title will be facilitated by Kogen Car Sales in accordance with applicable laws. The buyer is responsible for any additional fees associated with the transfer.

Kogen Car Sales values your privacy. Our privacy policy outlines how we collect, use, and protect your personal information. By using our services, you agree to the terms of our privacy policy.

Intellectual Property

All content, logos, and trademarks on the Kogen Car Sales platform are the property of Kogen Car Sales and may not be used without our express written consent.

Contact Information

For inquiries or assistance, you can contact Kogen Car Sales at hello@kogencarsales.com.au.

Kogen Car Sales reserves the right to modify these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically for updates.

Kogen Car Sales Pty Ltd

ACN 667 842 551

E: hello@kogencarsales.com.au

M: +61401903794

Last updated: 2nd November 2022