In this Dealer Agreement, ‘2me Corporation’ refers to 2me Corporation Pty Ltd and ‘You’ or ‘Your’ refer to you or your company (if you are representing your company).
1.1. This Dealer Agreement governs the terms between 2me Corporation and You regarding CARDEALS2ME.
1.2. Please read these terms carefully and keep a copy of these terms for your records. By accepting these terms, You are entering into a legally binding agreement with 2me Corporation. If You do not agree with these terms or do not have authority to represent Your company, do not use CARDEALS2ME.
1.3. Please also note that 2me Corporation reserves the right to review and change any of these terms at its sole discretion. If You accept these terms, 2me Corporation will take reasonable steps to provide You with notice of any changes to these terms.
2.1. A key feature of CARDEALS2ME is to introduce vehicle dealerships with potential buyers. The details of this service are set out in clause 3.
2.2. CARDEALS2ME is operated by 2me Corporation.
3.1. If You accept and comply with these terms, 2me Corporation will provide the services set out in this clause 3.
3.2. 2me Corporation will notify You by email of any requests for quotes submitted through CARDEALS2ME where the request matches:
3.3. When You are notified of a request for quotes, 2me Corporation will provide You with a time-limited opportunity to respond through CARDEALS2ME according to the subscription type that applies to You.
For clarity, a drive away offer means the offered sell price of the car including duty, twelve (12) months private registration and compulsory third party insurance (if applicable).
3.4. 2me Corporation will also send You an email containing a monthly report of statistical information,
3.5. CARDEALS2ME is solely intended to introduce vehicle dealerships with potential buyers. 2me Corporation will not provide You with:
4.1. To access the services described in clause 3 and be a subscriber of CARDEALS2ME, You must:
4.2. You may make payment of the subscription fee using the services provided by Stripe Inc. You agree to be bound by Stripe Inc’s terms regarding payment, which are located at -https://stripe.com/au/checkout/legal.
4.3. You acknowledge that:
4.4. You acknowledge that:
4.5. As part of the process set out in clause 4.1, You must provide personal information about You, such as Your:
We will handle this personal information as set out below in clause 9.
5.1. To maintain the integrity of CARDEALS2ME for dealerships and potential buyers, You must only use CARDEALS2ME as permitted by the terms of this Dealer Agreement.
5.2. You must ensure that any information you give through CARDEALS2ME and to 2me Corporation is and will always be current, accurate and true.
5.3. Where a request for the payment of a subscription fee is denied or returned for any reason, you agree to be liable for any costs, including banking fees and charges, associated with the subscription fee.
5.4. You are not permitted to:
5.5. You agree to prevent unauthorised access to Your account. You acknowledge that You are solely responsible for:
6.1. The integrity of CARDEALS2ME is paramount and You acknowledge that 2me Corporation will suffer from any breach of these terms by You, including clause 5. If You breach any of the terms in clause 5, You agree to indemnify 2me Corporation and keep 2me Corporation indemnified for any loss, damage or injury to 2me Corporation resulting from the breach.
6.2. In addition to clause 6.2, 2me Corporation may terminate this Dealer Agreement with You and/or suspend the services if:
To the extent permitted by law, 2me Corporation will only provide you with a refund of the subscription fee in the event that 2me Corporation is unable to provide its services through CARDEALS2ME. This refund will be the proportional amount of the subscription fee that is unused.
8.1. Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2. Subject to clause 8.1 and to the extent permitted by law:
8.3. To the extent permitted by law, 2me Corporation's total liability arising out of or in connection with the services or these terms will not exceed the resupply of the services to You.
9.1. 2me Corporation takes your privacy seriously and any personal information provided through Your use of CARDEALS2ME. You acknowledge that any personal information that You provide to 2me Corporation directly or through CARDEALS2ME:
9.2. You acknowledge that 2me Corporation may also collect and use information about You that is not personal information to improve the operation of CARDEALS2ME. This includes statistical information regarding Your use of CARDEALS2ME.
10.1. 2me Corporation owns all rights in CARDEALS2ME, including copyright in CARDEALS2ME and trademark rights in CARDEALS2ME trademarks. These rights are protected under the laws of Australia and internationally through international treaties.
10.2. All rights are reserved in CARDEALS2ME, which include text, graphics, logos, button icons, code, scripts, design elements and interactive features.
11.1. If a dispute relates to these terms (Dispute), a party may not commence any Tribunal or Court proceedings relating to this dispute unless the following clauses have been complied with or where urgent interlocutory relief is sought.
11.2. A party claiming a Dispute must give written notice to the other party with details of the dispute, the desired outcome and the action required to settle the Dispute. On receipt of the notice, the parties must endeavor to resolve the dispute in good faith within thirty (30) calendar days of the notice being sent.
11.3. If a Dispute has not been resolved according to clause 11.2, the Parties must agree to appoint a mediator (or request the President of the Australian Mediation Association or his or her nominee to appoint a mediator) and attend a confidential mediation in Victoria, Australia. Each party must pay their own costs associated with the mediation.
If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force. 2me Corporation may assign its rights under this Dealer Agreement to a third party without Your consent.
The laws of Victoria, Australia govern these terms and You submit to the jurisdiction of the courts there for resolving any dispute under this Dealer Agreement.