Please read these Terms and Conditions ("Terms") carefully before submitting your vehicle. By clicking "Get Offer" (or equivalent), you agree to be bound by these Terms.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, imposed by the Australian Consumer Law, (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”)) that cannot lawfully be excluded or restricted.
1. About the Service
1.1 Fast Car Offer is a digital referral platform operated by Gumtree Group. It connects private vehicle sellers with participating licensed motor vehicle dealers ("Buyers") who may wish to purchase their vehicles.
1.2 No Cost to Sellers: Our service is free for individuals looking to sell their vehicles ("Sellers" or “you”). We do not charge you a fee to submit your details or receive an offer.
1.3 Commission Disclosure: You acknowledge and agree that Gumtree Group may receive a referral fee or commission from Buyers for introducing Sellers to them to you and facilitating the connection. This commission is paid by the Buyer, not by you. Gumtree has a commercial interest in transactions being completed through the platform, which is disclosed to you in the interest of transparency. This interest does not mean that Gumtree is acting as your agent, adviser, or representative in relation to any sale.
1.4 No Guarantee: We do not guarantee that a Buyer will make an offer, nor do we guarantee the price, timing, or suitability of any offer received. Offers are subject to physical inspection of your vehicle and are at the Buyer's sole commercial discretion.
1.5 Platform scope. Fast Car Offer is accessible through the following Gumtree Group platforms: Gumtree, CarsGuide, Autotrader. These Terms apply to your use of the service regardless of which platform you access it from.
2. Information Sharing & Consent
2.1 By clicking "Get Offer" (or equivalent), you expressly authorise Gumtree Group to:
- (a) share your provided contact details (name, phone number, email) and vehicle specifications (including registration and odometer reading) with our network of participating Buyers; and
- (b) allow those Buyers to contact you directly via phone, SMS, or email to discuss your vehicle and arrange inspections or offers.
2.2 Your personal information is shared with Buyers for the purpose of:
- (a) enabling the Buyer to assess your vehicle and determine whether to proceed with an inspection or offer;
- (b) arranging inspection logistics; and
- (c) completing any transaction for the purchase of your vehicle.
2.3 Once your personal information is shared with a Buyer, that information will be stored, used and disclosed in accordance with the Buyer's Privacy Policy. The Buyer will then be responsible for handling it in accordance with the Privacy Act 1988 (Cth) including the Australian Privacy Principles (“Privacy Act”) where applicable. Gumtree Group is not responsible for a Buyer's use of your personal information following disclosure.
2.4 Gumtree Group's collection and handling of your personal information is governed by the Privacy Act and CarsGuide’s Privacy Policy (available here).
2.5 If you withdraw your consent to the sharing of your personal information with Buyers, Gumtree Group will not be able to provide the service to you. Withdrawal of consent does not affect any sharing that has already taken place.
3. User warranties and Representations
3.1 When providing information to Fast Car Offer, you represent and warrant that:
- (a) you are the registered owner of the vehicle or have the legal right to sell it;
- (b) the vehicle is located in Australia;
- (c) all information provided regarding the vehicle’s condition, accident history, and encumbrances (e.g., finance owing) is accurate and not misleading;
- (d) the vehicle is not subject to any registered or unregistered security interest under the Personal Property Securities Act 2009 (Cth) that has not been disclosed to Gumtree Group or the matched Buyer; and
- (e) your use of the service and any sale of the vehicle complies with all applicable Commonwealth, state, and territory laws, including those governing the private sale of motor vehicles.
3.2 You acknowledge that Gumtree Group and matched Buyers will rely on your representations and warranties in clause 3.1 when engaging with your submission and proceeding with any inspection or offer.
3.3 You further agree to:
- (a) make your vehicle reasonably available for inspection at an agreed time and location; and
- (b) comply with the terms and conditions set out in these Terms, CarsGuide’s Conditions of Use and any other reasonable requirements or directions issued by Gumtree Group or Buyer from time to time.
- (c) not engage in misleading, deceptive, or unconscionable conduct in connection with your use of the service or any sale.
4. Third-Party Transactions
4.1 Independent Parties: Buyers are independent businesses and are not agents, employees, or partners of Gumtree Group.
4.2 Contract of Sale: Any sale agreement reached is strictly between you and the Buyer. Gumtree Group is not a party to that contract, does not handle payment for the vehicle, and does not take possession of the vehicle at any time.
4.3 Buyer licensing: Buyers are required, as a condition of their participation in the Fast Car Offer platform, to hold all licences and authorisations required by law to purchase motor vehicles in the relevant state or territory. However, Gumtree Group does not warrant that any Buyer will be and remain compliant with such requirements at all times and is not liable for any failure by a Buyer to do so.
4.4 No endorsement: A Buyer's participation in the Fast Car Offer platform does not constitute Gumtree Group's endorsement, recommendation, or guarantee of that Buyer's reliability, solvency, conduct, or commercial terms.
4.5 Disputes: Any disputes regarding the final price, vehicle collection, or payment must be resolved directly with the Buyer. If you have a complaint about the Fast Car Offer platform or Gumtree Group's conduct, please refer to the complaints process in clause 7 below. Your rights under the ACL are not affected.
5. Limitation of Liability
5.1 ACL Preservation: Nothing in this clause 5 or elsewhere in these Terms excludes, restricts, or modifies any right or remedy conferred on you by the ACL that cannot lawfully be excluded or restricted. To the maximum extent permitted by the ACL and subject to clause 5.2, Gumtree Group's liability is limited as set out below.
5.2 Consumer guarantees. To the extent that any consumer guarantee under the ACL applies to the services provided by Gumtree Group, and Gumtree Group's liability for a failure to comply with that guarantee cannot be excluded, Gumtree Group's liability is limited (at its election) to the resupply of the relevant service or payment of the cost of having the service resupplied.
5.3 Buyer conduct. Gumtree Group is not liable for:
- (a) any act, omission, negligence, misconduct, or breach of contract by any Buyer;
- (b) the terms, performance, or outcome of any sale transaction between you and a Buyer;
- (c) any offer made or not made by a Buyer, or any variation or withdrawal of an offer following an inspection; or
- (d) any failure by a Buyer to comply with applicable laws, including in relation to licensing, consumer guarantees, or privacy.
5.4 Exclusion of Consequential Loss: To the maximum extent permitted by law, and subject to clauses 5.1 and 5.2, Gumtree Group is not liable for any loss of profit, loss of opportunity, or indirect or consequential damages arising from your use of the service or your dealings with a Buyer.
5.5 No Verification Warranty: While Gumtree Group requires Buyers to hold applicable licences as a condition of participation and endeavours to work with reputable Buyers it does not warrant the ongoing licence status or financial standing of any Buyer. You are encouraged to conduct your own enquiries in respect of any Buyer prior to completing a sale.
5.6 No misleading conduct. Nothing in these Terms limits Gumtree Group's liability for conduct that constitutes misleading or deceptive conduct under section 18 of the ACL, or any other non-excludable liability under applicable law.
6. Intellectual Property
All intellectual property in the "Fast Car Offer" brand, website, and technology belongs to Gumtree Group. You may not use our branding or scrape our data for any commercial purpose.
7. Complaints
7.1 If you have a complaint about the Fast Car Offer service or Gumtree Group's conduct, please contact us through the functionality at the bottom of this page. We will endeavour to resolve your issue within 5 weekdays.
7.2 If we are unable to resolve your issue, your rights and our liability are limited in accordance with clause 5.
8. Unfair Contract Terms — Severability
8.1 Gumtree Group acknowledges that the unfair contract terms provisions of the ACL (Part 2-3) may apply to these Terms. If any term is found by a court or tribunal to be an unfair contract term within the meaning of the ACL, that term will be severed to the minimum extent necessary, and the remaining Terms will continue in full force and effect.
9. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales to resolve any legal matter arising from these Terms.
10. General
10.1 Entire agreement. These Terms, together with the Gumtree Group CarsGuide Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Gumtree Group with respect to the Fast Car Offer service.
10.2 Waiver. A failure or delay by Gumtree Group to exercise any right under these Terms does not constitute a waiver of that right.
10.3 Updates to Terms. Gumtree Group may update these Terms from time to time. Where material changes are made, Gumtree Group will notify you by reasonable means before the changes take effect. Your continued use of the service following notification constitutes acceptance of the updated Terms.