Pickles DIYinspect Service Terms and Conditions
Online User Terms and Conditions
DIYInspect is the name of a mobile application service created and owned by Pickles Auctions Pty Limited. There Terms and Conditions are specific to the mobile application service DIYInpsect.
- You covenant not to disclose, divulge, publish, transmit, communicate to or otherwise place at the disposal of any person or organisation, any confidential information in any form, by any means and will keep any confidential information in the strictest confidence.
- Your Username and Password must be kept strictly confidential. They should not be disclosed to any other person or organisation. Any loss or damage sustained to Pickles Auctions and/or to you due to the misuse or negligent use of your password will be borne by you.
- Under no circumstances should you provide your password to any other person or organisation. If you discover someone else is using or is about to use your password, it is your responsibility to reset the password using the forgot password option on the login page of the mobile application or make a request to us in writing to cancel the user account to avoid any loss or damage.
- You must immediately notify us in writing if any person has disclosed or is suspected of disclosing or intending to disclose any confidential information to any other person.
- The user warrants that it is responsible for the correctness of information it inputs into DIYinspect. The user acknowledges it is responsible and liable for the information it inputs into DIYinspect and no responsibility is taken by Pickles Auctions for the user's negligence in the information it inputs into DIYinspect.
- The user shall be responsible for and shall indemnify Pickles Auctions against liability for all loss and or damage caused by the user and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by Pickles Auctions in respect of any such loss and or damage and shall be made good at the user’s expense.
- The user warrants that its mobile device is adequate and can facilitate the use of DIYinspect. No responsibility is taken by Pickles Auctions for any loss and or damage caused to the user's mobile device due to the use by the user of DIYinspect.
- That any information completed by the user can be used for direct marketing and that Pickles Auctions retains this information in its database.
- The entry by electronic means of the Username and/or other identifiable information of the user in DIYinspect shall be binding on the user. DIYinspect together with these Terms and Conditions of use of the application shall constitute the whole of the relationship between Pickles Auctions and the user.
Sale of Asset Terms and Conditions
1. What is the Effect of this Agreement
1.1 This Agreement applies to Your use of the DIYinspect Service (Service) made available by Pickles Auctions Pty. Limited (Pickles) to You via pickles.com.au or the App Store.
2. Eligibility for use of the Offer Service
2.1 In order to be eligible to use the service, You must:
a. be 18 years or over;
b. be an Eligible Seller – You may not be considered an Eligible Seller if You hold a motor vehicle dealer licence or are required to hold a motor vehicle dealer licence; and
c. complete and submit the online application form via the DIYinspect App (Application).
3. What You Must Do
3.1 You must:
a. comply with the terms and conditions set out in this Agreement;
b. provide all information requested by DIYinspect in the form required;
c. describe Your vehicle truthfully and accurately; and
d. maintain the confidentiality of all Your email and password information required to access Your DIYinspect account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password.
4. What You Must Not Do
4.1 You must not submit any vehicle for sale via the Service:
a. that is not located in Australia;
b. that is not immediately available for sale;
c. that You are not the owner of; or
d. in all other cases, which You do not have the right to sell.
4.2 You must not submit any material via the Service regarding a vehicle which does not comply with all the relevant laws or is misleading or deceptive or likely to mislead or deceive.
4.3 You must not utilise the Service, including any data, information, pricing or other material made available via the DIYinspect App or Pickles website for commercial purposes including that You must not use any process of any sort (automated or otherwise) to query, access, retrieve, scrape, data-mine or copy or generate or compile any document, index or database based on the any material made available by DIYinspect or Pickles.
5. Specific Terms for Your use of the Service
5.1 The Service enables Eligible Sellers to receive a quote inclusive of GST (Quote) for the purchase of their vehicle from Pickles within 1 Business Day from the date we receive Your submission. The price set out in the Quote inclusive of GST (Quote Price) will be provided subject to Your vehicle meeting the Offer Conditions as set out in the item 5.5 below, including that the vehicle is in Good Condition (as defined in 5.4 below).
5.2 The Quote Price has been determined based on information supplied by You in relation to Your vehicle and other information which is supplied by motor vehicle dealers, motor vehicle manufacturers and other private sellers including sales data of similar vehicles. You should undertake Your own investigations and enquiries to determine whether the Quote Price provided to You is a fair and reasonable price for the sale of Your vehicle in the circumstances. You acknowledge that Pickles Valuation are not making any recommendation to You to take any action regarding the sale of Your vehicle.
5.3 The Quote will be valid for 4 Business Days from the date of issue and will expire at the date notified to You in the Quote (Acceptance Period). If You accept the Quote, Pickles will initiate a process to collect Your vehicle at a convenient time for You. The Quote is confidential to You and must not be disclosed to any person without Pickles prior written approval.
5.4 Pickles reserves the right to inspect Your vehicle at the agreed location. Pickles will agree to purchase Your vehicle for the Quote Price unless Pickles determines (in its absolute discretion) that it has not satisfied the following “Offer Conditions” and the vehicle is not in Good Condition. Good Condition means the vehicle:
a. is free of existing damage (interior and exterior) including but not limited to hail damage;
b. is free of mechanical and electrical/electronic issues;
c. is free of rust;
d. is free of structural repairs involving cutting or welding; and
e. would pass a roadworthy inspection;
5.5 In addition to the requirements of 5.4 a- e, Your vehicle is not in Good Condition if any of the following apply:
a. there are issues with the title to Your vehicle;
b. Your vehicle is recorded on the Written Off Vehicle Register (WOVR);
c. Your vehicle is not an Original Equipment Manufacturer (OEM) import to Australia;
d. the vehicle is not of standard specifications and has modifications;
e. the vehicle is unregistered;
f. the vehicle does not have complete stamped service records; or
g. Your vehicle is not as described by You (whether by act or omission) in any description, photograph or recording submitted to DIYinspect or Pickles.
5.6 If Pickles determines that Your vehicle has not met the Offer Conditions, then Pickles may elect to withdraw its offer for the purchase at the Quote Price and may (but is not obliged to) provide You with a revised offer inclusive of GST to purchase Your vehicle at a new price based on either the cost of repairs (if Your vehicle is not in Good Condition) or the accurate details of the vehicle (if the vehicle has not satisfied the conditions set out in item 5.4 or 5.5) or any other failure to satisfy any condition in 5.4 or 5.5, which is likely to have a material impact on the value of the vehicle to a purchaser (Revised Price).
5.7 If Pickles agrees to proceed with the purchase, Pickles will arrange for the vehicle to be picked up from an agreed location. Pickles will collect Your vehicle for free if it is within 30 kilometres of the nearest Pickles branch. Additional transport charges will apply if the vehicle is outside the 30 kilometre radius of the nearest branch.
6. Cancellation of a Quote (including Quote Price and Revised Price)
6.1 Pickles reserves the right to cancel a Quote (including Quote Price and Revised Price) for any reason and at any time prior to You concluding Your sale.
6.2 Pickles will notify You in writing if Your Quote (including Quote Price and Revised Price) is cancelled. If your Quote (including Quote Price and Revised Price) is cancelled after Your vehicle has been transported to Pickles You may be liable to reimburse Pickles the costs of any transport if the reason Your Quote (including Quote Price and Revised Price) was cancelled was because you failed to disclose something which is likely to have a negative impact on the value of the vehicle.
6.3 Pickles generates a Quote Price by relying mainly on data and systems and also uses input from a human operator. Pickles takes reasonable steps to ensure that its data is accurate and its systems are operating correctly, but in the rare circumstances the data and systems may generate Quote Prices that are unexpectedly high or otherwise inconsistent with the terms and conditions. Pickles may cancel a Quote (including Quote Price and Revised Price) which has been generated using inaccurate data or systems operating incorrectly or in an unexpected manner.
7.1 If Pickles agrees to proceed with the purchase, You will receive payment within 2 Business Days of Your vehicle being collected.
8. Intellectual Property Rights
8.1 You hereby grant DIYinspect and Pickles in respect of all materials submitted by You, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.
9. Your Warranties
9.1 You represent and warrant to DIYinspect and Pickles that:
a. You are the owner of all vehicles which You have submitted for sale via the Service;
b. You have the authority to sell those vehicles;
c. You have the authority to grant to Pickles the licence contained in clause 8 of these Terms and Conditions;
d. Your contact and other details provided to Pickles are accurate; and
e. Your use of the Pickles network will comply with the Terms and Conditions set out in this Agreement, the Pickles Terms and Conditions of Use and any other requirements or directions issued by Pickles from time to time.
10. Your Indemnity
10.1 You indemnify DIYinspect and Pickles against all actual or threatened loss, damage, actions, claims and/or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against DIYinspect or Pickles arising out of:
a. a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
b. any wilful, unlawful or negligent act or omission by You in relation to Your use of the Service
c. the sale or offering for sale of any vehicle through the Application.
11.1 You acknowledge that DIYinspect and Pickles may send You communications in relation to Your use of the Service, to provide You with further quotes for the purchase of Your vehicle and to conduct surveys in relation to Your use of the Service.
13. What Laws Govern this Agreement
13.1 This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.
14. The Entire Agreement
14.1 These Terms and Conditions, the Application and any warranties implied by law which cannot be excluded, constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law.
15.1 DIYinspect or Pickles may, in their absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once You use the Application or Service. You should regularly check these Terms and Conditions displayed within the Application. All rights not expressly granted are reserved. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply. Any delay of failure by DIYinspect or Pickles to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice DIYinspect or Pickles’ rights in any way. No waiver by DIYinspect or Pickles will be effective unless it is in writing and signed.