Legal

Terms of Service

Please read these terms carefully. By accessing or using the DealerPulse platform, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our platform.
Contents
  1. Parties and acceptance
  2. Description of services
  3. Eligibility
  4. Accounts and registration
  5. Submitting reviews
  6. Review and content standards
  7. Dealer subscription terms
  8. Intellectual property
  9. Prohibited conduct
  10. Disclaimer of warranties
  11. Limitation of liability
  12. Indemnity
  13. Suspension and termination
  14. Dispute resolution
  15. General provisions
  16. Contact us

1. Parties and acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and DealerPulse Australia Pty Ltd (ACN 000 000 000) ("DealerPulse", "we", "us", "our"), operating at dealerpulse.com.au.

By accessing or using our platform — including our website, services, or any content — you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the platform on behalf of a business (such as a dealership), you represent that you have authority to bind that business to these Terms.

These Terms are governed by the laws of New South Wales, Australia.

2. Description of services

DealerPulse provides an online platform that allows:

DealerPulse is an independent platform. We are not affiliated with any car manufacturer, dealer group, or automotive industry body. Reviews and ratings on the platform represent the opinions of individual users, not DealerPulse.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice where practicable.

3. Eligibility

To use our platform you must:

By submitting a review, you represent and warrant that you have personally visited or transacted with the dealership you are reviewing, and that the review reflects your genuine experience.

4. Accounts and registration

You do not need to create an account to browse the platform. However, to submit a review or claim a dealer profile, you must provide a valid email address for verification.

For dealer accounts, you must:

You are responsible for all activity that occurs under your account. DealerPulse is not liable for any loss resulting from unauthorised use of your account where you failed to take reasonable steps to protect your credentials.

5. Submitting reviews

When you submit a review to DealerPulse, you:

Reviews are published only after moderation and admin approval. We aim to process reviews within 24 hours of submission. We reserve the right to decline to publish any review that does not meet our standards.

Review authenticity

DealerPulse takes fake reviews seriously. Submitting a fake, incentivised, or misleading review may constitute a breach of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) and may result in civil or criminal penalties. We cooperate with the Australian Competition and Consumer Commission (ACCC) in relation to fake review investigations.

6. Review and content standards

All content submitted to DealerPulse must comply with the following standards. Content must not:

DealerPulse may remove content that breaches these standards without notice. We are not obliged to provide reasons for removal in all cases. Repeated violations may result in account suspension or legal action.

Defamation notice

Reviewers are personally liable for defamatory content they publish. DealerPulse is a neutral platform host; however, under the Defamation Act 2005, we may be required to take down content and/or disclose reviewer information to a claimant where legally required. We encourage all reviewers to ensure their reviews are factually accurate and fair.

7. Dealer subscription terms

7.1 Plans and pricing

Dealer subscriptions are offered on the following plans:

All prices are in Australian Dollars (AUD) and inclusive of GST as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7.2 Billing and payment

Subscriptions are billed monthly in advance. Payments are processed by Stripe. By providing payment details, you authorise DealerPulse (via Stripe) to charge your nominated payment method for the applicable subscription fee on a recurring monthly basis.

If a payment fails, we will notify you and attempt to recharge within 3 business days. Continued failure may result in downgrade to the Free plan.

7.3 Cancellation

You may cancel your subscription at any time through your dealer dashboard or by contacting us. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until then. We do not provide refunds for partial billing periods except where required by law.

7.4 Australian Consumer Law rights

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified. Where we are permitted to limit our liability under the ACL, our liability is limited to resupply of the service or payment of the cost of having the service resupplied.

7.5 Dealer conduct

Dealer accounts must not:

Breach of these obligations may result in immediate suspension of the dealer account and forfeiture of subscription fees paid.

8. Intellectual property

DealerPulse content

All content on the DealerPulse platform — including the website design, logo, software, aggregated data, ratings, and reports — is owned by or licensed to DealerPulse and is protected by Australian copyright law and applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

User content licence

By submitting a review or other content to DealerPulse, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, distribute, and display that content in connection with the operation and promotion of our platform, including in aggregated or de-identified form for industry research and analytics purposes.

You retain ownership of your review content. You represent and warrant that you own the content you submit and that it does not infringe any third party's rights.

9. Prohibited conduct

You must not use the DealerPulse platform to:

Breach of this section may result in immediate termination of your access and may be referred to relevant authorities including the ACCC, Australian Cyber Security Centre, or law enforcement.

10. Disclaimer of warranties

To the maximum extent permitted by law, DealerPulse provides the platform on an "as is" and "as available" basis. We make no representations or warranties, express or implied, that:

Reviews represent the personal opinions of individual users. DealerPulse does not verify the accuracy of reviews beyond the initial authenticity checks described in Section 5. You should conduct your own due diligence before making purchasing decisions.

Nothing in this section excludes any guarantee, condition, or warranty implied by the Australian Consumer Law that cannot be excluded.

11. Limitation of liability

To the maximum extent permitted by the Australian Consumer Law and other applicable law, DealerPulse's total liability to you for any loss or damage arising from or related to your use of the platform — whether in contract, tort (including negligence), statute, or otherwise — is limited to the greater of:

DealerPulse is not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of revenue, profits, business, goodwill, or data, even if we have been advised of the possibility of such loss.

These limitations do not apply to liability that cannot be limited under the Australian Consumer Law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

12. Indemnity

You agree to indemnify, defend, and hold harmless DealerPulse, its directors, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

13. Suspension and termination

DealerPulse may suspend or terminate your access to the platform, or remove any content, at any time and without prior notice where we reasonably believe you have:

On termination, your right to access the platform ceases immediately. Provisions that by their nature should survive termination (including Sections 8, 10, 11, 12, and 14) will continue in force.

You may close your account at any time by contacting us. We will process deletion requests in accordance with our Privacy Policy.

14. Dispute resolution

Informal resolution

Before commencing formal legal proceedings, you agree to contact us at legal@dealerpulse.com.au to attempt to resolve the dispute informally. We will endeavour to respond within 10 business days.

Mediation

If the dispute is not resolved informally within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in accordance with its mediation guidelines. The cost of mediation will be shared equally unless otherwise agreed.

Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for any disputes that cannot be resolved by the above means.

Australian Consumer Law

Nothing in this section prevents you from exercising your rights under the Australian Consumer Law, including making a complaint to the ACCC or your relevant state consumer protection agency.

15. General provisions

Entire agreement

These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and DealerPulse regarding your use of the platform and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed from the Terms, without affecting the validity and enforceability of the remaining provisions.

Waiver

No failure or delay by DealerPulse in exercising any right under these Terms will operate as a waiver of that right. Any waiver must be in writing and signed by an authorised representative of DealerPulse.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. DealerPulse may assign these Terms in connection with a merger, acquisition, or sale of our business, provided the assignee assumes all obligations under these Terms.

Force majeure

DealerPulse will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

Notices

Notices to DealerPulse should be sent to legal@dealerpulse.com.au. Notices to you will be sent to the email address associated with your account.

Updates to these Terms

We may update these Terms from time to time. Material changes will be communicated by email and by posting a notice on our platform. Continued use after the effective date of changes constitutes acceptance. If you do not agree to updated Terms, you must cease using the platform.

16. Contact us

DealerPulse — Legal

DealerPulse Australia Pty Ltd
ABN: 00 000 000 000
Sydney, New South Wales, Australia

General enquiries: hello@dealerpulse.com.au
Legal & disputes: legal@dealerpulse.com.au
Privacy: privacy@dealerpulse.com.au