Terms and Conditions

1. About these terms

1.1 These terms and conditions (Terms) govern access to and use of the Autofocus website, accounts, and Confidence Pack, Ease Pack and Concierge services (Service).

1.2 By creating an account, submitting an enquiry, clicking "I agree", or otherwise using the Service, you enter a contract with us on these Terms. Clicking "I agree" on a website can form a legally enforceable contract.

1.3 If you do not agree to these Terms, do not create an account or use the Service.

1.4 These Terms apply together with any order confirmation, package description, or written scope we give you for a particular job. If there is a conflict, the written scope for that job prevails for the description of deliverables, and these Terms prevail for everything else.

1.5 We may update these Terms from time to time. If we make a change that is more than minor, we will give you reasonable notice by email or by a notice on the website. The updated Terms apply from the stated effective date. If you do not agree, you may stop using the Service and close your account. Continued use after the effective date means you accept the updated Terms.

1.6 These Terms are written in reasonably plain language so they are clear and not hidden. Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

2. Who we are

2.1 The Service is operated by Autofocus Media trading as Autofocus.

2.2 ABN: 98 774 092 139

2.3 We operate from Melbourne, Victoria, Australia.

2.4 Contact: support@autofocus.net.au

2.5 Website: autofocus.net.au.

3. What Autofocus is, and is not

3.1 AutoFocus provides three levels of private-sale support. You remain the seller and approve the final sale.

3.2 Confidence Pack provides the eight-step guide, worksheets and tools. Access is included with Ease Pack and Concierge.

• Ease Pack: a circa two-hour meeting, listing photos, advertisement copy, assistance creating listings on Carsales, Gumtree and Facebook, and guidance on conducting the sale. You manage ongoing buyer messages, inspections and the sale afterwards.
• Concierge: everything in Ease Pack plus ongoing sale monitoring, buyer enquiries, negotiation and inspection bookings, with the option of up to three test drives with prospective buyers, conducted by us on your behalf. Permission, safety arrangements and appropriate insurance cover must be confirmed before a drive.
• Optional detailing and a full video of the car may be requested. These extras are quoted separately and agreed before work begins.

3.3 We confirm appointment availability, location, scope and any marketplace advertising fees before paid work starts. Listings use your accounts and remain subject to platform eligibility, approval and rules. We do not guarantee platform acceptance or bypass platform restrictions.

3.4 No package guarantees a sale, sale price, sale timeframe or number of enquiries. We do not take buyer payments, hold deposits or transfer ownership, and do not provide mechanical inspection, roadworthy certification, legal, tax or finance advice.

3.5 We are not a motor car trader, dealer, broker, auctioneer, or party to any sale between you and a buyer. We do not buy, sell, or offer to sell motor cars. You remain the seller. Any contract for the vehicle is solely between you and the buyer.

3.6 We do not hold a Victorian motor car trader's licence and these Terms do not authorise us to carry on business as a motor car trader. We will not provide activities that require a licence we do not hold. Vehicle ownership, the final sale decision and sale contract remain with you; where licensed services are needed, we will direct you to an appropriate professional.

4. Eligibility

4.1 You must be at least 18 years old and capable of entering a binding contract.

4.2 The Service is intended for people in Australia who are selling a vehicle they are legally entitled to sell.

4.3 You must not use the Service if you are a motor car trader using it to avoid licensing, disclosure, or other legal obligations that apply to licensed traders.

4.4 We may refuse to open an account, decline a job, or stop work if we reasonably believe you do not meet these eligibility rules, the vehicle is outside the scope of the Service, or providing the Service would be unlawful or unsafe.

5. Accounts

5.1 You need an account to use Confidence Pack tools and saved worksheets. You may pay for Confidence Pack as a guest first, then create or sign in to an account to claim that purchase. Each paid purchase can be claimed by one account only. The public calculator and service enquiry forms do not require an account.

5.2 When you create an account you must give us:

• your name
• your email address
• a password, or complete any other sign-up step we reasonably require
• any other information we reasonably need to open the account

5.3 You must make sure the name and email you give us are accurate, current, and yours to use. You must update them if they change.

5.4 You are responsible for keeping your login details confidential and for all activity on your account that you authorise or that happens because you failed to keep your login details secure. Tell us promptly at support@autofocus.net.au if you think someone has used your account without permission.

5.6 We may suspend or close an account if you materially breach these Terms, we reasonably suspect fraud, misuse, or unlawful activity, we are required to do so by law, or we stop providing the Service. Where it is reasonable and lawful to do so, we will give you notice and a chance to respond before we close your account.

5.7 You may close your account at any time by emailing support@autofocus.net.au. Closing your account does not cancel fees already payable, undo work already delivered, or affect rights or obligations that are intended to continue, including intellectual property, confidentiality, liability, and privacy provisions.

5.8 If your account is closed, we will stop providing the Service to you. We may retain records as described in clause 10 and as required by law.

6. Your information and vehicle details

6.1 To deliver the Service we need information from you. That will usually include:

• your name and email address
• account login details
• details about the vehicle, its condition, history, ownership, finance, service records, and your sale process
• any documents, photos, or other materials you choose to upload or send us

6.2 You must only give us information that is true, accurate, and not misleading. You must not omit a fact that would make the information misleading. This includes known faults, accident history, finance owing, written-off status, odometer issues, missing service history, and anything else a reasonable buyer would expect to be told.

6.3 You warrant that you are entitled to sell the vehicle, or you have the owner's authority to instruct us, that you own or have the right to provide the materials you give us, that using those materials to prepare listing content will not infringe anyone else's rights, and that the vehicle information you provide may lawfully be used in a public listing.

6.4 We prepare listing materials from the information you provide. We are not obliged to independently verify that information. If you later find an error, you must tell us promptly so we can update unused materials. You are responsible for checking the final listing before you publish it and for correcting it if anything is wrong.

6.5 We may edit your information for clarity, structure, and tone. We will not invent facts about the vehicle. If we need more information, we may pause work until you respond.

6.6 You remain responsible for the listing you publish, for messages you send to buyers, and for the sale itself.

7. Fees, payment, and refunds

7.1 Some parts of the website, including account creation and an initial enquiry, may be free. If a fee applies, we will show the price before you confirm.

7.2 We will not charge you without your confirmation.

7.3 Prices are in Australian dollars and include GST unless we say otherwise.

Confidence Pack is a one-time payment of $4.99. Ease Pack is $449, currently reduced to $399 under the new release promotion. Concierge is $998 in total: $499 when the listing is created and $499 when the car sells. Confidence Pack access is included with both services. Any optional extras or platform fees are confirmed separately before you agree.

7.4 Payment is due as stated at checkout or in the job confirmation. We may use a third-party payment provider. Their terms apply to the payment process.

7.5 Ordinary online purchases do not have an automatic cooling-off period. That is separate from your rights under the Australian Consumer Law.

7.6 If you change your mind after paid work has started, we are not required to give a change-of-mind refund for work already performed. We may, at our discretion, refund any unused portion if little or no work has been done.

7.7 Nothing in this clause limits your rights under the Australian Consumer Law. If the Service fails to meet a consumer guarantee, you may be entitled to a remedy such as having the problem fixed, cancelling, a refund for the unused portion, or compensation, depending on whether the failure is major or minor.

8. Australian Consumer Law

8.1 If you are a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded.

8.2 Those guarantees include that we will provide the Service with due care and skill, that the Service will be reasonably fit for any purpose you make known to us, and that the Service will be provided within a reasonable time if no time is agreed.

8.3 When you buy a product or service, certain consumer rights always exist under the law, and the terms of a contract cannot take those rights away.

8.4 For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

8.5 We do not promise that using the Service will result in a sale, a particular price, or any particular buyer response. Those outcomes depend on the vehicle, the market, your listing photos, your price, and how you handle buyers.

9. Personal information

9.1 We collect personal information to operate accounts and provide the Service. The main information we collect is name, email address, account credentials, communications you send us, vehicle and sale information you submit, which may include personal information, and technical information reasonably needed to operate the website, such as device or log data.

9.2 We collect this information because it is reasonably necessary to create and manage your account, identify you and communicate with you, assess whether we can take your job, prepare listing materials, process payment if a fee applies, improve the Service, and comply with the law and resolve disputes.

9.3 We collect this information directly from you when you create an account, complete a form, or email us. We will not collect more personal information than we reasonably need.

9.4 We do not sell your personal information.

9.5 We may share personal information with service providers who help us operate the website, accounts, email, hosting, or payments. Some of those providers may store or access information outside Australia. If that happens, they must handle the information under their contract with us and applicable law.

9.6 We may also disclose information if the law requires it, or if it is necessary to protect our rights, safety, or the rights of others.

9.7 We keep personal information only as long as we need it for the purposes above, or as required by law. You may ask us to correct your name or email, or to close your account.

9.8 If you ask us to delete your personal information, we will delete or de-identify it where we reasonably can. We may retain information we need to keep for legal, tax, accounting, dispute, or security reasons.

9.9 A small business with annual turnover of $3 million or less is often not covered by the Privacy Act 1988, unless an exception applies, such as trading in personal information without consent. We still treat personal information carefully and will publish a Privacy Policy that explains this in more detail.

9.10 For privacy questions or requests, email support@autofocus.net.au.

10. Emails and other messages

10.1 We may email you about your account, your enquiry, your job, these Terms, or other service messages. These are operational messages, not marketing.

10.2 We will only send marketing emails if you have consented, or if the law otherwise allows us to. The best way to consent is a separate unticked box at sign-up.

10.3 Every marketing message will identify Autofocus, include our contact details, and include a clear unsubscribe option. You can unsubscribe without logging in or creating an account. We will process an unsubscribe request within 5 working days.

10.4 You cannot unsubscribe from operational messages we need to send about your account or an active job, except by closing your account.

11. Intellectual property

11.1 We own the website, our branding, templates, methods, systems, and the wording we create, unless we agree otherwise in writing.

11.2 You own the raw facts, photos, and documents you provide to us.

11.3 When we deliver listing materials, we grant you a perpetual, non-exclusive, royalty-free licence to use those materials to advertise the relevant vehicle on listing platforms and in related sale communications. You may edit the materials as needed for that sale.

11.4 You must not resell our templates, methods, or a copy of our Service as if it were your own product.

11.5 You grant us a licence to use the materials you provide solely to deliver the Service, operate the website, and keep records. We will not publish your listing, name, or other identifying details as a case study or testimonial without your consent.

11.6 If you give us feedback, we may use it to improve the Service without paying you, provided we do not identify you without consent.

12. Acceptable use

12.1 You must not:

• use the Service for any unlawful purpose
• create an account with a false name or an email address you are not entitled to use
• try to gain unauthorised access to the website, other accounts, or our systems
• upload malware or interfere with the website
• scrape, harvest, or collect other users' information
• use the Service to prepare a listing you know is false or misleading
• impersonate another person
• abuse, threaten, or harass us or anyone else through the Service

12.2 We may remove content, suspend access, or close an account if you breach this clause.

13. Third-party platforms and tools

13.1 You may use our materials on third-party platforms such as Carsales, Facebook Marketplace, Gumtree, or similar sites. Those platforms have their own terms. We do not control them and we are not responsible for their availability, fees, ranking, or decisions to remove a listing.

13.2 Payment, hosting, authentication, and email may be provided by third parties. Their terms apply to their services.

13.3 A link on our website is not an endorsement.

14. Disclaimers

14.1 The Service is listing and communication support. It is not a valuation, mechanical inspection, legal advice, or a promise about market demand.

14.2 Market conditions change. Comparable sales, asking prices, and buyer behaviour can move after we deliver the materials.

14.3 We are not responsible for:

• the condition, history, or title of the vehicle
• whether a buyer completes a purchase
• how you conduct inspections, test drives, payment, or transfer
• loss caused by inaccurate or incomplete information you gave us
• loss caused by a third-party platform
• unauthorised access to your account that you could reasonably have prevented

14.4 This clause applies to the extent permitted by law and does not exclude the Australian Consumer Law.

15. Liability

15.1 We do not exclude or limit any liability that cannot be excluded or limited under the Australian Consumer Law or any other applicable law.

15.2 To the extent permitted by law, we are not liable for loss of profit, loss of a sale, loss of opportunity, or any indirect or consequential loss.

15.3 To the extent permitted by law, if we are liable to you in connection with the Service, our total liability is limited to the amount you paid us for the relevant job, or to supplying the Service again, at our election. If the Australian Consumer Law applies, your remedy for a failure to comply with a consumer guarantee is limited, where it is fair and reasonable to do so, to supplying the services again or paying the cost of having the services supplied again.

15.4 You are responsible for loss we reasonably suffer because you gave us false, incomplete, or misleading information, published a listing that does not match the facts, breached these Terms, or infringed another person's rights. This does not require you to cover loss caused by our own breach, negligence, or failure to meet a consumer guarantee.

16. Confidentiality

16.1 We will treat non-public information you give us about your vehicle and sale as confidential, except for information you ask us to include in listing materials, information that is already public, or information we must disclose by law.

16.2 You must not share any non-public pricing, process, or template material we give you except as needed to sell the relevant vehicle.

17. Ending the contract

17.1 You may stop using the Service and close your account at any time.

17.2 You may cancel an unpaid enquiry at any time.

17.3 You may cancel a paid job before we start work. After we start work, clause 8 applies.

17.4 We may stop work or end the contract if:

• you materially breach these Terms and do not fix the breach within a reasonable time after notice
• you do not pay a fee that is due
• you do not give us information we reasonably need, after we have asked
• we reasonably believe continuing would be unlawful or unsafe
• we discontinue the Service, in which case we will refund any unused prepaid amount

17.5 Ending the contract does not affect rights or liabilities that have already accrued.

18. General

18.1 These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

18.2 If any part of these Terms is unenforceable, the rest remains in effect.

18.3 If we do not enforce a right, that is not a waiver of that right.

18.4 You may not assign these Terms without our prior written consent. We may assign these Terms to someone who takes over the Autofocus business, and we will notify you if that happens.

18.5 These Terms, together with any job confirmation and our Privacy Policy, are the entire agreement between you and us about the Service. They replace any earlier discussions or representations about the Service, except for any right you have under the Australian Consumer Law.

18.6 We do not force or pressure anyone to enter this contract. You should read these Terms before you create an account.

18.7 Notices under these Terms may be sent by email to the address on your account, or to support@autofocus.net.au for notices to us. A notice is taken to be received on the day it is sent if sent on a Victorian business day before 5pm, otherwise on the next Victorian business day.

19. Definitions

• account means the login you create to use the Service.
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• listing materials means the copy, response bank, handover sheet, and any related documents we prepare for you.
• personal information has the meaning in the Privacy Act 1988 (Cth).
• Service means the Autofocus website, accounts, and Confidence Pack, Ease Pack and Concierge services.
• you means the person who creates an account or uses the Service.

20. Contact

Questions about these Terms: support@autofocus.net.au.

If you have a problem with the Service, contact us first and explain the issue. If we cannot resolve it, you may also contact Consumer Affairs Victoria or the Australian Competition and Consumer Commission.