1. RAC Car Buying Service
2.1 Delivering the Car Buying Service
4.1 Service standards
5.1 Collection of Personal Information
In these Terms:
- (a) Welcome to the RAC Car Buying Service website located at: rac.com.au/buyacar (Website). These Terms set out the terms and conditions on which RAC makes the Car Buying Service available to you.
- (b) RAC is pleased to provide Members access to a comprehensive vehicle purchasing service which includes the following guidance and support through the end-to-end vehicle purchasing journey:
- (i) vehicle identification and options based on the information you provide to RAC and the Supplier;
- (ii) vehicle sourcing including obtaining quotes;
- (iii) vehicle test drive(s);
- (iv) vehicle trade-in valuation and completion (if required); and
- (v) execution of vehicle sale and completing the purchasing experience, (the Car Buying Service).
- (c) The Car Buying Service is delivered to Members by RAC’s chosen Supplier. If you request or accept performance of the Car Buying Service:
- (i) you must accept these Terms in accordance with clause 6 below; and
- (ii) RAC will refer you to the Supplier for your vehicle purchasing needs.
- (d) You acknowledge and agree that:
- (i) a separate contract is formed between you and the Supplier for receipt of the Car Buying Service delivered by the Supplier on behalf of RAC and RAC is not a party to the agreement between you and the Supplier;
- (ii) the Supplier is not acting as RAC's agent in connection with the Car Buying Service; and.
- (iii) RAC is not liable for any acts or omissions of the Supplier in connection with the Car Buying Service.
2.1 Delivering the Car Buying Service
- (a) If you elect to accept performance of the Car Buying Service from the Supplier, specialist Car Buying Service consultants engaged by the Supplier will contact you to identify your requirements and provide you with your options.
- (b) Subject to vehicle availability, you will be provided with vehicle choices based on the information you have provided.
- (c) You may request an indicative valuation for a trade-in and the Supplier will use reasonable endeavours to procure such valuation. You acknowledge and agree that vehicle trade-ins may not always be possible using the Car Buying Service.
- (d) If you agree to purchase or trade-in a vehicle using the Car Buying Service, it will be the Supplier's responsibility to arrange and execute the relevant sale and purchase contact and associated documentation necessary for you to gain legal title to the vehicle.
- (e) Members may only purchase vehicles with an ANCAP safety rating of at least 4 stars using the Car Buying Service. Members may, however, purchase brand new vehicles using the Car Buying Services that are in the process of gaining a ANCAP rating. These vehicles will be classified as “unrated”.
- (f) You acknowledge that neither RAC or the Supplier represents or guarantees in any way that your chosen vehicle will be available to purchase using the Car Buying Service.
- (g) If the Supplier is unable to source your preferred vehicle in connection with the Car Buying Service, you will be advised of this as soon as reasonably practicable and provided with an opportunity to opt out of the Car Buying Service.
- (h) There is no obligation to purchase any vehicle using the Car Buying Service and you may opt out at any time by contacting the relevant Car Buying Service consultant or by phone on: 1300 192 605.
- (i) If you elect to purchase a vehicle using the Car Buying Service, the sale agreement for that vehicle will be between you and the Supplier. RAC is not responsible for any acts or omissions of the Supplier, or the Supplier's representatives in connection with the sale or potential sale (including any pre-purchase interactions, such as any vehicle inspections or test drives).
- (a) If you would like to inspect and test drive any of the vehicles offered to you by the Supplier, you will need to contact the Supplier to arrange a time for you to do so at the premises of the relevant dealer within the Supplier’s network. Inspections and test drives can only be arranged during that dealer's standard opening hours.
- (b) Each dealer (within the Supplier's network) will have its own set of terms and conditions in relation to test driving vehicles located at that dealer's premises. It is your responsibility to read and understand those terms and conditions prior to any test drives.
- (c) Dealers (within the Supplier's network) are authorised by and operate within their own regulatory framework and are not subcontractors of RAC. RAC is not responsible for any act or omission of the Supplier, or the Supplier's personnel and subcontractors (including the relevant dealer), in connection with the inspection or test drive.
- (d) Nothing in these Terms excludes any statutory warranties you are entitled to from dealers (within the Supplier network) in accordance with the Motor Vehicle Dealers Act 1973 (WA).
- (a) Subject to clause 2.3(b), you may request, and the Supplier will arrange, transportation services from an address nominated by you to the premises of the relevant dealer in order for you to collect your purchased vehicle (Vehicle Collection Services).
- (b) The Vehicle Collection Services are provided to Members at the Supplier's cost, up to the value of $70 (inclusive of GST). You agree to pay the Supplier's costs directly incurred in provision of the Vehicle Collection Services to you where those costs exceed $70.
- (a) If you request insurance or financing in relation to the purchased vehicle, the Supplier will refer you to RAC Insurance or RAC Finance, as applicable (the Referral Services).
- (b) There is no obligation to purchase insurance or obtain finance from RAC Insurance of RAC Finance, as applicable.
- (a) Other than as expressly set out in these Terms, the Car Buying Service is offered at no cost to Members.
- (b) You agree to pay all costs associated with the purchase of your vehicle to the relevant dealer (as referred to you by the Supplier).
4.1 Service standards
- (a) RAC will use reasonable endeavours to ensure that the Supplier:
- (i) provides the Services with all due care, skill and expertise and in a punctual, good, proper and professional manner; and
- (ii) takes steps to ensure that any vehicle sourced and supplied in connection with the Car Buying Service will be free from encumbrances including interests registered against it on the Personal Property Securities Register.
- (a) The limitations in this clause 4.2 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law.
- (b) RAC's liability for a failure to comply with a consumer guarantee in respect of the Car Buying Service is limited to the supply of the relevant services again, or the payment of the cost of resupplying the services.
- (c) In no event will RAC's total combined liability in connection with the these Terms or the Car Buying Service for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed $1,000.
5.1 Collection of Personal Information
- (a) The Supplier may collect your Personal Information such as your name and contact details to deliver the Car Buying Service to you.
- (b) If you do not provide the information requested, the Supplier may not be able to provide the Services to you
- (a) The Supplier will disclose your Personal Information to RAC for the purposes of RAC making the Car Buying Service available to you.
- (b) Without limiting clause 5.3, you acknowledge that:
- (i) RAC will upload and store your Personal Information provided to it in connection with the Car Buying Service in its third party data management platform (Database);
- (ii) your Personal Information may be accessed by RAC and its third party service providers including the supplier of the Database and the Supplier;
- (iii) the Supplier will use your Personal Information uploaded to the Database for the purpose of performing the Services; and
- (iv) the Supplier may need to disclose your Personal Information to other third parties who assist with the provision of the Services, including dealers within the Supplier's network.
- (a) RAC will handle your Personal Information in accordance with its privacy policy located at www.rac.com.au/privacy.
- (b) The Supplier and each dealer's privacy policies will apply to how they handle your Personal Information. These may be requested from the Supplier and relevant dealer.
- By accepting these Terms in accordance with clause 6 below you consent to the collection, use, storage and disclosure of your personal information as set out in these Terms.
- (a) To receive the Car Buying Service, you must first agree to these Terms.
- (b) By electing and continuing to use the Car Buying Service, you confirm that you have read and accepted these Terms and agree to be bound by them. These Terms are either made available to you via the Website when you submit an enquiry or, if you enquire about the Car Buying Service over the phone, via email and/or text message at the conclusion of that phone call.
- (c) Please read these Terms carefully before using the Car Buying Service If you do not understand any part of the Terms you should seek independent legal advice.
- (d) You cannot accept the Terms and access the Car Buying Service if you are under 18 years of age or you are a person barred from entering into contracts under legislation.
- (a) If you wish to make a complaint about the Car Buying Service you should contact the Supplier using the details provided to you by your Car Buying Service consultant. If the Supplier does not resolve your complaint to your satisfaction, you may contact RAC by following the prompts at the following site: https://rac.com.au/about-rac/contact-us/feedback.
- (b) RAC will use reasonable endeavours to resolve any dispute concerning the Car Buying Service, however, you acknowledge and agree that RAC is not responsible or liable for any acts or omissions of the Supplier and each dealer.
- (c) The Supplier will use reasonable endeavours to resolve any dispute concerning the delivery of the Car Buying Service.
- (a) The laws of Western Australia govern these Terms.
- (b) A term or part of a term in these Terms that is void, illegal or unenforceable may be severed from the terms and the remaining terms continue in force.
- (c) The Supplier may subcontract some or all of the Services without prior notice.
- (d) RAC reserves the right to amend these Terms at any time and will publish a new version of the Terms on the Website. RAC will provide you with at least 30 days' written notice of the changes to these Terms and any changes will take effect from the expiry of the notice period. Your continued access or use of the Car Buying Service constitutes your consent to the changes to these Terms.
In these Terms:
- (a) Australian Consumer Law means the Australian consumer laws set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- (b) Car Buying Service has the meaning given in clause 1(b).
- (c) Database has the meaning given in clause 5.2(b)(i).
- (d) Personal Information has the meaning given in the Privacy Act 1988 (Cth).
- (e) RAC means The Royal Automobile Club of W.A. (Inc), RACWA Holdings Pty Ltd (ACN 008 985 877), and their subsidiaries and Related Bodies Corporate as defined in the Corporations Act 2001 (Cth) and includes their officers, employees and agents.
- (f) Referral Services has the meaning given in clause 2.4.
- (g) Services means the services, tasks and responsibilities of the Supplier in delivering the Car Buying Service on behalf of RAC, as described in these Terms and includes the Vehicle Delivery Services and Referral Services.
- (h) Site Content means the words and images on Website.
- (i) Supplier means Autoleague Pty Ltd (ABN 19 606 360 570) including its officers, employees, agents, subcontractors, and affiliates.
- (j) Terms means these terms and conditions.
- (k) Vehicle Collection Services has the meaning given in clause 2.3.
- (l) Website means the RAC online page related to the Car Buying Service.
