1300 551 051 Ext. 0000

Dealer 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 in writing with 90 days notice.
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 Product or Related Service using our on-line quote request platform provided by CarbonBlack.
(ii)           Service Providers respond by placing a Quote setting out the price and other essential terms for the Request. Service Providers must not register as Users or submit “dummy” requests to elicit responses from other Service Providers.
(iii)          Service Providers may make either 1, 2 or 3 Quotes per sales lead.  
(iv)          Service Providers must place their Quotes within a defined Period. We may limit the time available for service providers to quote.
(v)            When the Quoting period ends the User accepts a Quote (although a User may decide to accept no Quote) and will have 30 days to complete the transaction.
(vi)          We do not guarantee that you will receive any Requests or that you will be successful in quoting.
(vii)         We are not responsible for any transactions any disputes between Service Providers and Users.
(viii)         Service Providers are entitled to send Messages to Users advising them of offers available. CarbonBlack does not warrant the performance of any contract.
 
1.                Definitions and Interpretation
1.1       Definitions
  Quoting Process means the process in which Service Providers make Quotes for the opportunity to sell to Users Products or Related Services in response to a Request.
  Quoting Expiry Date means the date the Quoting Process ends and Service Providers may no longer Quote on your Request. All Quoting Processes expire at 11 PM AEST on the Quoting Expiration Date.
  Quote means the information submitted by a Service Provider identifying the price, any service provider delivery charges, stamp duty and government charges and any other terms at which the Service Provider 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.
  Fees mean the Fees payable for your use of the Service, in accordance with our costs agreement.
  Service Provider, you and your means a provider of a Product or Related Services who may use the Site to place Quotes.
  Messages means a message from Service Providers or other businesses via the Internet (using the Network) or mobile phone (in the form of SMS or MMS messages) in accordance with clause 12.
  Network includes this website (Site) together with any other websites owned or operated by us or any of our affiliates.
  Product means automotive performance parts, replacement parts and accessories.
  Related Services means a service that is related to Products, including, but not limited to tyre rebalancing, tyre rotation, handbook servicing and inspections.
  Request means a request from a User to Service Providers to place Quotes for a Product or Related Service.
  Service means the online service provided by CarbonBlack in which Users and Service Providers may be brought together through emails, SMS, 1 300 numbers, click-throughs to Service Provider’s web pages, Service Provider’s own websites, CarbonBlack’s directory and Quoting 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 is a person who has registered or visits CarbonBlack website to seek automotive Products and Related Services from Service Providers. A Service Provider must not be a User.
  Selected Service Provider means that Service Provider whose quote a User has chosen to accept. The choice may be based on any number of considerations including, but not limited to: price, service provider review, or service provider 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 as a Service Provider if
  (a)     you are a commercial supplier of Products or Related Services in Australia;
  (b)     you hold any necessary licences or consents to lawfully operate your business;
  (c)     you validly register to use the Service.
 
3.                Registration
3.1               Purpose
  The Service enables you to place Quotes in response to Requests made by Users for a Product and/or Related Service in a Quoting Process. If a User accepts a Quote, a contract will form between you and the User. You will have obligations to the User under that contract, in accordance with its terms. Also, you are able send Users Messages in accordance with our privacy policy and User consent.
3.2               Account information
  (a)     When you register for the Service you must create a CarbonBlack account (Account) by validly providing the information requested in the CarbonBlack registration screens. Subject to availability, you can select your own 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 Service Provider 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 are 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 on registration to enable you to use the Service. Your information will be provided to Users upon you placing a Quote in response to a Request, and be used to notify you about the progress of a Quoting Process 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;
  (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 not use the Service to send Spam;
  (d)     you must not use anyone else's Account;
  (e)      you must not take any actions that may undermine the integrity of the feedback system;
  (f)     you agree to send Messages in accordance with this Agreement; and
  (g)     You must not use the Service as a User.
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 Requests, 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 respond to Requests made by Users. 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 Service Providers. We do not guarantee that you will receive any Requests for the provision of your Products or Related Services.
  (b)     In order to use the Service, you need to observe the information and follow the instructions relating to the Quoting Process set out on the Site.
  (c)     It is your responsibility to ensure that any Quote placed by you includes where relevant the conditions for any transportation, scheduling of Related Services, pick up or delivery (possibly including any costs) of Products or Related Services.
  (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 Service, or the ability of a User to complete any transaction. CarbonBlack does not validate any User reviews of the Service or Service Providers 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. Service Providers 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 Quote.
 
5.                Quoting Rules
  (a)     If you wish to use the Service, you may submit a Quote in response to a Request identifying the characteristics of a Product and/or Related Services, the price and all other relevant information in relation to the terms on which you are prepared to fill the Request..
  (b)     Prior to submitting your Quote you will be provided with a Quote overview which, among other things, summarises your Quote and asks you to confirm that it is accurate.
  (c)     You are not able to submit more than 3 Quotes in any Quoting Process.
  (d)     CarbonBlack has the discretion to close a Quoting Process early or to refuse any Quote.
  (e)     Users may view your Quote immediately, but may only accept a Quote after the Quoting Process Expiration Date.
  (f)      When a Quoting Process conducted in response to a Request closes and your Quote is accepted by the User, CarbonBlack will notify you of the name and contact information of the User and will provide your name and contact information to the User.
 
6.                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;
  (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.
 
7.                Limitation of Liability
7.1               Extent of Liability
  (a)     Because we are not involved in the transaction between you and a User, if you have a dispute with a User, 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 User.
  (b)     Nothing in these terms and conditions is intended to limit or exclude any liability of CarbonBlack where and to the extent that any applicable law prohibits such exclusion or limitation.
  (c)     You acknowledge that the Internet can be unstable and, sometimes, insecure. At times the Service may not be available or Requests may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility.
  (d)     CarbonBlack gives no warranty in relation to the Service. Under no circumstances is CarbonBlack or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:
    (i)    Any Related Service or Product supplied by you.
    (ii)   Any failure or delay by a User in completing a transaction.
    (iii)   Any failure to comply with any terms of a Quote.
    (iv)           Any technical or non-technical failure of any Related Service or Product supplied by you.
    (v)   Any content or information accessed via the Service with or without your authorisation.
 
8.                Service Provider Obligations
8.1               Responsibility for payment
  You are obliged to complete the transaction with the User who accepts your Quote in accordance with the terms of your Quote, unless the transaction is prohibited by law.
8.2               Access and Interference
  Our Site contains robot exclusion headers. You must not use any device, software, routine or manual process to bypass our robot exclusion headers, to interfere or attempt to interfere with the proper working of our Site, or to monitor or copy the Site or any of its content without our prior written permission. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
8.3               Export
  You acknowledge that your feedback is combined with comments left by others and a composite feedback number compiled by CarbonBlack, and that the composite number without the comments does not convey your full user profile. Because feedback is not designed for any purpose other than for facilitating trading between Users and Service Providers, you must not market or export your CarbonBlack feedback in any venue other than a CarbonBlack operated website.
 
9.          Termination
9.1  
     
Termination by CarbonBlack
  CarbonBlack may terminate this Agreement or suspend your Account immediately if you:
  (a)     do not pay the Fees when required;
  (b)     provide CarbonBlack information which is untrue, inaccurate or incomplete;
  (c)     breach any  warranties, conditions or other terms of this Agreement;
  (d)     if CarbonBlack becomes aware that you have engaged in any fraudulent activity, including bid manipulation or collusion.
  (e)     you fail to supply any Product or Related Services once your Quote has been accepted as the Selected Service Provider by a User;
  (f)      you send Spam using the Network; or
  (g)     you act against the interests or reputation of CarbonBlack,
  and you will forfeit any and all benefits to which you were or may have become entitled relating to the use of the Service. If CarbonBlack terminates this Agreement, your access to the Service will be refused and you may not register again.
9.2   
    
Termination without notice
  CarbonBlack may terminate your Account at any time without cause and without notice.
9.3   
   
Cancelling your use
  You may cancel your use of the Service at anytime in writing with 90 days notice. Before confirming the termination of your Account you will be given the opportunity to use the credits in your Account in accordance with these terms. If a Withdrawal Request is made and your Account shows an amount less than $25.00, CarbonBlack may charge you an administrative fee for processing any payment of that amount to you. Once you have confirmed your Account deletion, your Account will no longer be accessible and you will forfeit all benefits to which you were or may have become entitled relating to the use of the Service.
9.4     
  
No waiver
  A failure or delay by CarbonBlack to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by CarbonBlack does not preclude its future exercise or the exercise of any other power or right.
 
10.          Content
10.1          Use of the service
  As a condition of your use of the Service or of any service on the Network, you warrant that you will not use the Network for any purpose that is unlawful or prohibited by these terms or any other terms, conditions or notices appearing anywhere on the Network. You agree to abide by all applicable laws and regulations. In particular, you agree not to:
  (a)     use, post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law including any information or material which CarbonBlack considers does, or is likely to, damage CarbonBlack;
  (b)     use, post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works, without first obtaining permission from the owner or relevant rights holder;
  (c)     use, post or transmit any material of any kind which contains or elicits a computer or software virus or other harmful component;
  (d)     impersonate any person or entity;
  (e)     in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  (f)      use the Network to send Spam; or
  use the Network to engage in any other forms of Internet abuse, including tampering, hacking, spoofing, using robots or scripts, copying, distributing, modifying or otherwise interfering with the administration, security or proper function of the Service or any part of it. Violations of these terms may result in cancellation of your Account.
10.2          Review of content
  CarbonBlack may from time to time monitor or review content of the Network and we reserve the right to edit, refuse to post or to remove any information or materials (in whole or in part) that in CarbonBlack's sole discretion is objectionable or in violation of any applicable law or these terms. However, CarbonBlack has no obligation to monitor any content or to edit, delete or refuse to post such contents, nor is CarbonBlack responsible for any content provided by Users or Service Providers. You expressly acknowledge and agree that any communications you make using the Network is a public and not private communication. CarbonBlack reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
 
11.          Ownership and Disclosure of Information and privacy
11.1          Your information and ownership of information
  (a)     The information you provide in the CarbonBlack registration screen, forming part of a completed Message or from any other interaction with the Service and CarbonBlack is, unless notified otherwise, your information (Information). Subject to these terms, you can update, alter or delete your Information at any time. CarbonBlack may keep a record of your Information (but does not guarantee that it will do so), and may alter, update, or delete your Information, at any time by accessing your Account. For the purposes of providing the Service, and in respect of your Information, we distinguish between:
    (i)    personally identifiable information such as individuals’ names, contact details, mobile phone numbers, bank accounts and credit or debit card details and other identifying personal information which you provide on the CarbonBlack registration screens and payment process (Personal Information); and
    (ii)   business information, information about Products or Related Services non-identifiable personal information which you may provide or your Personal Information that has been de-identified (Service Provider Information).
  (b)     Privacy is an essential element of the Service. CarbonBlack uses the most effective technology and practices to protect your privacy. However, because of the nature of the Internet, unforeseeable breaches are possible and we cannot guarantee that you Information will be free from unauthorised access, disclosure or corruption. We use all reasonable precautions to maintain the confidentiality and privacy of you Information. We will treat your Personal Information in accordance with our Privacy and Security Statement which forms part of these Terms.
11.2        Disclosure and use of User information
  We may provide you with access to aggregated and anonymous profile or other non-identifying information of Users for the purpose of identifying groups of Users according to specified profiles. As a condition of your use of the Service, you agree that you will only access, disclose and use that information or any personal information of Users obtained through the Service in accordance with our Privacy and Security Statement.
 
12.          Messages
12.1          Messages
  We may allow you to send Messages to Users in accordance with these terms.
12.2          No Recommendation
  All content contained in a Message (Message Content) is your responsibility and is not a recommendation or an endorsement by CarbonBlack or its directors or employees or any related party. You are solely responsible for the accuracy and suitability of the Message Content and any offer. Users may contact you for any additional information regarding any Message.
  It is your responsibility to deal with any complaints or enquiries in relation to Messages or Message Content. You acknowledge that we provide information to Users to allow a User with a complaint or enquiry to contact you directly.
12.3          User Initiated Messages
  We may encourage you to establish further communications with Users by opening up an email response channel. The response email is initiated by the User and maintained by CarbonBlack as an anonymous communication from the User to the Service Provider, in accordance with our Privacy and Security Statement.
 
13.          Other programs
13.1          General
  (a)     From time to time, you may be given the option to offer reward or similar programs to allow Users to obtain certain products or services provided by you and promoted on the Site. Participation in those programs will be governed by separate terms and conditions that you must agree to as part of your agreement to participate.
  (b)     CarbonBlack will integrate these programs into the Service at its discretion. CarbonBlack reserves the right to change the range of products and services available through any program at any time. CarbonBlack is not responsible for changes to, or discontinuance of any program.
14.          Processing and Technology Issues
  In the event of errors in processing or Site downtime or any other errors or delays caused to the Site or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, CarbonBlack reserve the right to take such action as it considers necessary in relation to any Quoting Process, the Site or the Service. 
 
15.          Hyperlinks
15.1          No liability
  (a)                Links to other websites are provided by agreement between us and third parties as a courtesy to you. CarbonBlack has no control over the content on these third party websites. CarbonBlack makes no express or implied warranties, concerning the content of these other sites, including the accuracy, completeness, reliability or suitability of the site for any particular purpose. CarbonBlack does not warrant that any site or content is free from any claims of copyright, trade mark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
  (b)                By providing links to other sites or allowing other persons to display their logos or otherwise advertise their products or services on the site does not imply either directly or indirectly that CarbonBlack endorses those sites, products, services or entities in any way. CarbonBlack has no control over such sites, products, services or entities and is not liable for any loss or damage incurred by you as a result of, or in connection with, your entry to or use of such sites, products or services.
 
16.          Intellectual Property
16.1          Ownership
  You acknowledge that all intellectual property contained on the Site is and remains at all times the property of CarbonBlack or the other parties identified on the Site. You agree not to use the information or other material on the Site for any purpose or in any manner that would, in any way, infringe our intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without our prior written approval or the approval of the relevant copyright owner.
16.2          Trade mark notices
  "CarbonBlack TyreXchange" and the CarbonBlack logo are the registered trademarks. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners. Nothing displayed on the Site grants any licence or right of use of any logo, or trade mark displayed without the express written permission of the relevant owner.
 
17.          Dispute Resolution
  All questions or disputes relating to the Service including these terms should be submitted to CarbonBlack. We will endeavour to resolve any disputes expeditiously. All interpretations of the terms of Service shall be at our sole discretion. In the event that we make an error such error shall not constitute a breach of these terms of Service. You acknowledge that any complaints or enquiries in relation to any Products or Related Services will be directed to you. Any false claims may lead to termination of your Account.
   
18.          Refund Policy
  Refunds on credit card payments will be made at the discretion of management.

 
19.          Governing Law
  These terms of Service, access to and use of this Site and the terms of any disclaimer of warranties and liability are governed by and construed in accordance with the laws of Australia.
 
20.          Thank You
  We are very grateful to you for taking the time to familiarise yourself with these terms and for being part of this world first service. We at CarbonBlack will always honour your contribution.