Global Carz Pty Ltd trading as Dealer 2 Dealer Auction (D2D) operates an online auction platform that facilitates transactions between independent, licensed motor vehicle dealer-sellers and dealer-buyers. D2D is not the seller, owner, or supplier of any vehicle listed or sold on the Website. D2D does not independently verify vehicle condition reports and makes no representation as to the quality, condition, title, roadworthiness, or description of any vehicle. The contract for the sale and purchase of each vehicle is made directly between the dealer-seller and the dealer-buyer. Any claims relating to a vehicle’s condition, quality, or description should be directed to the relevant dealer-seller.
1. Introduction
1.1. These Standard Terms and Conditions (Terms) apply to Bidders who are participating in an online auction to buy a vehicle and govern Your use of the website at www.d2dauction.com.au and any associated digital channels or online auction platform (Website) offered by Global Carz Pty Ltd (ACN 641 236 768) trading as Dealer 2 Dealer Auction (D2D, We, Us or Our).
1.2. The Website provides a platform for approved, licensed motor vehicle dealers and traders to participate in online auctions to buy and sell vehicles. D2D facilitates those transactions as a platform provider only. D2D is not a party to any vehicle sale contract between a dealer-seller and a dealer-buyer.
1.3. By accessing, browsing, or using the Website, or by selecting the “I Accept” or “I Agree” button when prompted, You, as a Bidder, agree to be bound by these Terms, Our Privacy Policy, and any other notices or procedures published on the Website.
1.4. The terms and conditions of any third-party system integrated with the Website (including Webtron or any replacement auction technology) may also apply when You use the Website. In the event of a conflict between those terms and these Terms, these Terms prevail to the extent of the inconsistency, unless otherwise stated.
2. Eligibility and Accounts
2.1. The Website is available to approved and verified automotive dealerships and licensed motor vehicle traders only. By registering for an Account, You represent and warrant that You hold a current, valid motor vehicle dealer licence (or equivalent) as required by the laws of your State or Territory.
2.2. You must maintain a current, valid dealer licence throughout Your use of the Website. You must notify Us immediately in writing if Your dealer licence is suspended, cancelled, or not renewed. We may suspend or terminate Your Account upon receiving such notice or upon becoming aware of any change to Your licensing status.
2.3. You may use the Website to:
(a) view Content published on the Website;
(b) complete an Application Form to apply for Online Bidding Access;
(c) register an Account for Online Bidding Access;
(d) access auction information, services, and tools provided by Us; and
(e) use such other functions as We make available from time to time.
2.4. If Your Application Form for Online Bidding Access is approved, We will issue You with Login Details for the purpose of creating and accessing an Account.
2.5. You warrant that all information provided in Your Application Form and/or when creating or maintaining an Account is accurate, current, and complete. You agree to keep that information up to date.
2.6. You are responsible for maintaining the confidentiality and security of Your Account Details and Login Details, and for all activity conducted under Your Account. We recommend that You do not store Login Details in a manner that may compromise their confidentiality or security.
2.7. You must notify Us immediately at contact@d2dauction.com.au of any unauthorised use of Your Account or Login Details, or any actual or suspected security breach. D2D is not liable for any loss or damage arising from unauthorised or improper use of Your Account or Login Details where You have not promptly notified Us.
2.8. You consent to receiving notices, invoices, and documentation from Us electronically, including through links published on the Website or sent to Your registered email address.
3. Platform Role – D2D not the Seller
3.1. D2D is a platform facilitator only. D2D provides the Website as a technology platform to connect independent dealer-sellers and dealer-buyers. D2D does not sell, supply, transfer title to, or take possession of any vehicle listed on the Website.
3.2. Each vehicle listed on the Website is offered for sale by a dealer-seller who is an independent third party. The contract for sale of each vehicle (“vehicle sale contract”) is formed directly between the dealer-seller and the successful Bidder (dealer-buyer). D2D is not a party to that contract.
3.3. D2D does not independently inspect, verify, or warrant the accuracy of any vehicle listing, description, photograph, or condition report provided by a dealer-seller. Condition reports are provided by or on behalf of the dealer-seller and are not independently verified by D2D.
3.4. Any dispute relating to a vehicle’s condition, quality, title, roadworthiness, description, or post-sale obligations must be raised directly with the relevant dealer-seller. D2D has no obligation to mediate, arbitrate, or otherwise resolve vehicle-specific disputes between dealer-sellers and dealer-buyers, and involvement in any such dispute is at D2D’s sole discretion.
3.5. Nothing in these Terms limits any rights You may have against the dealer-seller under the vehicle sale contract or applicable law.
4. Vehicle Condition Reports
4.1. Condition reports published on the Website are generated by or on behalf of the dealer-seller and are provided for general information purposes only. D2D does not prepare, verify, audit, or endorse the accuracy or completeness of any condition report.
4.2. Vehicles sold for $1,000 or less are sold on a strictly as-is basis. No renegotiation of the purchase price on the basis of vehicle condition will be considered for vehicles in this price category. For the avoidance of doubt, this does not limit or exclude any rights that cannot be excluded under applicable law, including guarantees as to title and undisturbed possession.
5. Fees and Payment
5.1. All Fees are stated in Australian Dollars (AUD) and exclude GST unless otherwise indicated. GST will be added where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5.2. A successful dealer-seller must pay D2D a fixed platform success fee (Fee) for each vehicle sold through the Website:
(a) $99 (plus GST) for vehicles sold for a purchase price of less than $2,000; or
(b) $299 (plus GST) for vehicles sold for a purchase price of $2,000 or more.
5.3. The Fee is payable by the dealer-seller to D2D for the provision of the platform service. For the avoidance of doubt, Bidders are not required to pay the Fee or a purchase fee.
5.4. D2D may update the Fee from time to time. Any change to the Fee will be published on the Website.
6. Platform Disputes
6.1. This clause applies to disputes about D2D’s platform service (for example, a system malfunction during bidding). It does not apply to disputes between Bidders and dealer-sellers about vehicle condition, title, or post-sale matters — those disputes must be raised directly with the relevant dealer-seller (see clause 3.4).
6.2. If You have a dispute regarding the operation of the platform, You must submit a written notice to Us at contact@d2dauction.com.au within 14 business days of the event giving rise to the dispute. Your notice must describe the nature of the dispute, the relevant transaction details, and the remedy You are seeking.
6.3. We will acknowledge receipt of Your dispute notice within 5 business days and endeavour to resolve the dispute within 20 business days of receipt. If the dispute is not resolved within that period, either party may pursue the matter through the courts of Victoria in accordance with clause 15.
7. Suspension and Termination of Platform Access
7.1. D2D may suspend or withdraw Your Online Bidding Access in the following circumstances:
(a) You are in breach of these Terms and have not remedied the breach within 7 days of written notice from D2D;
(b) You no longer hold a current, valid dealer licence or equivalent authorisation;
(c) D2D reasonably suspects fraudulent, deceptive, or unlawful conduct by You in connection with the Website; or
(d) suspension is reasonably necessary for the security, integrity, or stability of the Website or its other users.
7.2. Where circumstances permit, D2D will provide You with reasonable advance written notice before suspending or withdrawing Your Online Bidding Access. In urgent circumstances (including security threats or suspected fraud), D2D may act immediately and provide notice as soon as practicable afterwards.
7.3. You may close Your Account at any time by providing written notice to D2D at contact@d2dauction.com.au. Closure of Your Account does not affect any outstanding obligations.
7.4. Following suspension or termination of Your Account, D2D will retain Your Account data in accordance with Our Privacy Policy and applicable law.
8. Limitation of Liability
8.1. Platform service liability only - D2D’s liability under these Terms relates solely to the provision of the platform service. D2D is not liable, in any circumstances, for any loss or damage arising from the condition, quality, title, description, or sale of any vehicle listed on the Website, which is the responsibility of the relevant dealer-seller.
8.2. To the extent permitted by law, D2D is not liable for any indirect, incidental, special, or consequential loss, loss of profit, loss of opportunity, or loss of business arising out of or in connection with the Website, these Terms, or the provision of the platform service.
8.3. Aggregate cap - subject to clause 8.4, D2D’s total aggregate liability to You for any claim arising out of or in connection with the platform service under these Terms is limited to $2,000.
8.4. Non-excludable rights - nothing in these Terms excludes, restricts, or modifies any right or remedy You have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) or any other applicable law that cannot be excluded by agreement. The limitations in clauses 8.2 and 8.3 do not apply to:
(a) D2D’s liability for fraud or wilful misconduct; or
(b) any non-excludable statutory guarantee, right, or remedy under the ACL or other applicable law.
8.5. Where the ACL applies and D2D is liable for a failure to comply with a guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic, or household use, D2D’s liability is limited, at D2D’s election, to resupplying the services or paying the cost of having the services supplied again.
9. Indemnity
9.1. To the extent permitted by law, You agree to indemnify, defend, and hold harmless Global Carz Pty Ltd, its directors, officers, employees, contractors, consultants, and agents (Indemnified Parties) from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your use of the Website or the platform service;
(b) Your breach of these Terms; or
(c) any unlawful or negligent act or omission by You in connection with Your use of the Website.
9.2. The indemnity in clause 9.1 does not apply to the extent that a claim arises from the Indemnified Parties’ own breach of non-excludable statutory obligations, fraud, or wilful misconduct.
9.3. For the avoidance of doubt, this indemnity does not extend to claims arising from any vehicle sale contract between You (as buyer) and a dealer-seller, which are separate to these Terms.
10. Intellectual Property
10.1. All Content on the Website (including text, images, logos, graphics, software, and auction data) is owned or licensed by D2D and is protected under the Copyright Act 1968 (Cth) and other applicable intellectual property laws.
10.2. D2D grants You a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for the purpose of participating in online vehicle auctions as a Bidder, subject to these Terms.
10.3. You must not:
(a) use the Website for any unlawful or unauthorised purpose;
(b) interfere with or disrupt the operation or security of the Website or its underlying systems;
(c) use automated tools, scripts, bots, or data scraping techniques to access, extract, or collect data from the Website without Our prior written consent;
(d) reproduce, distribute, sublicense, or commercially exploit any Website Content without Our prior written consent; or
(e) attempt to gain unauthorised access to any part of the Website, its related systems, or networks
11. Australian Consumer Law
11.1. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement.
11.2. These Terms should be read subject to the ACL. Any provision of these Terms that is inconsistent with a non-excludable right or guarantee under the ACL is void to the extent of that inconsistency.
12. Privacy
12.1. D2D may collect, hold, use, and disclose personal information in accordance with Our Privacy Policy, which is available on the Website. By using the Website, You consent to the collection and use of Your personal information in accordance with Our Privacy Policy.
12.2. D2D handles personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), which govern the collection, use, and disclosure of personal information.
13. General Terms
Disclaimer
13.1. Content on the Website is provided for general information purposes only. Unless expressly stated, Content does not constitute a recommendation, guarantee, or representation of any kind and does not imply that You will be eligible for or granted access to any service.
No Warranty as to Uninterrupted Access
13.2. D2D does not warrant that access to the Website or the platform service will be uninterrupted, error-free, or available at all times, except to the extent required by law. D2D will endeavour to provide reasonable advance notice of any planned maintenance that is likely to cause significant disruption to platform access.
Force Majeure
13.3. D2D is not liable for any delay or failure to perform its obligations under these Terms where such delay or failure is caused by events beyond D2D’s reasonable control, including natural disasters, government action, supply chain disruption, power or telecommunications failure, labour disputes, or failures of third-party technology providers (including auction platform providers).
Severability
13.4. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.
Entire Agreement
13.5. These Terms constitute the entire agreement between D2D and You in relation to Your use of the Website and the platform service, and supersede all prior representations, agreements, or understandings, whether written or oral. Nothing in this clause limits any non-excludable right You have under applicable law.
Waiver
13.6. A failure by D2D to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14. Changes to These Terms
14.1. D2D may amend these Terms from time to time. The current version will be posted on the Website at www.d2dauction.com.au.
14.2. For any material change to these Terms, D2D will provide You with at least 14 days’ written notice before the change takes effect, by email to Your registered address or by prominent notice on the Website.
14.3. If You do not wish to accept a material change, You may close Your Account by providing written notice to D2D before the effective date of the change. Continued use of the Website after the effective date of a material change constitutes Your acceptance of the amended Terms.
14.4. Non-material changes (such as corrections of typographical errors or updates to contact information) may take effect immediately upon posting.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria for the resolution of any dispute arising out of or in connection with these Terms, without limiting any right to seek urgent interlocutory relief in any jurisdiction. This clause does not exclude the application of mandatory provisions of Commonwealth law, including the ACL.
16. Definitions
Account means Your registered profile with D2D used to access the Website and the platform service.
Account Details means information associated with Your Account, including name, address, dealership information, and billing details.
ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Application Form means any digital registration or onboarding form completed by You to obtain access to the Website and the platform service.
Bidder, You or Your means any approved person or dealership representative accessing or using the Website to participate in online vehicle auctions.
Content means all information, material, images, data, auction listings, and resources published on or linked through the Website.
D2D, We, Us or Our means Global Carz Pty Ltd (ACN 641 236 768) trading as Dealer 2 Dealer Auction, and includes its related bodies corporate.
Fee has the meaning given in clause 5.2.
Login Details means Your username, password, or access credentials for Your Account.
Online Bidding Access means permission granted to a Bidder to participate in online vehicle auctions through the Website.
Website means the online auction platform operated by D2D at www.d2dauction.com.au, and any associated
