Terms & Conditions

To make it easier for you to understand the terms and conditions under which we provide our services, we've tried to make these terms and conditions of use (Terms) as simple as possible by using plain English. When we refer to "CarYardBard," "we," "our," or "us" in these Terms, we're referring to Global Sales Solutions Pty Ltd with ABN 82 164 749 786. Please note that CarYardBard is not owned by, or affiliated with, ChatGPT, Google Apprentice Bard, OpenAI, or any other app or service. When we talk about the "Services" in these Terms, we're referring to our AI-powered car ad generator and any additional services we offer, as described on our website at https://caryardbard.com. We've also used some capitalised words and phrases as shorthand for recurring concepts. These are defined in bold and in brackets after the concepts are first mentioned or are defined in clause 17 of these Terms.

(a) These Terms outline the rules that apply when you use the Services. (b) Please take the time to read these Terms carefully before using the Services. If you don’t agree with these Terms, please don’t use the Services. (c) We may change these Terms from time to time. If you continue to use the Services after we make changes to the Terms, you will be deemed to have accepted the amended Terms. (d) You agree to not use the Services illegally, fraudulently, or in a way that facilitates illegal or fraudulent activity. You must also ensure that your employees, sub-contractors, and other agents who you have authorised to use the Services comply with these Terms.

(a) To use the Services, you must create a CarYardBard Account. (b) When registering for a CarYardBard Account, you must provide accurate and up-to-date information. (c) You are solely responsible for maintaining the confidentiality and security of your CarYardBard Account information, password and any activities carried out through your account, whether authorised by you or not. We will not be liable for any costs, losses, damages, or expenses resulting from a failure to keep your CarYardBard Account information and password secure.

We will make every effort to keep the confidentiality of your Personal Information secure while it is under our control. All information you provide will be stored on our secure servers and protected from unauthorised access. Credit card information is encrypted during transmission and is not stored on our servers. To enable us to deliver our Services, we may need to transfer your Personal Information, including Personal Data, across borders to other countries for storage and processing. If your Personal Information is transferred and processed outside of Australia, it will only be transferred to countries with adequate privacy protections. We will retain your personal information for as long as it is necessary to provide our Services to you and as otherwise required to comply with our legal obligations, resolve disputes, and enforce our agreements. In the event of a security breach and compromise of your Personal Information, we will promptly notify you in accordance with applicable laws.

4.1 Ad Credits: If the Services include "Ad Credits", the following conditions apply: (a) Each generated car ad will consume 1 Ad Credit; (b) Ad Credits reset on the first day of each billing cycle; (c) Unused Ad Credits will expire at the end of each billing cycle and do not carry over. 4.2 Shared Library: The "Shared Library" feature is only available to "Enterprise" accounts. If the "Shared Library" is part of the Services, the following conditions apply: (a) All generated car ads will be added to the Shared Library; (b) All users within your "Enterprise" account will have access to all ads generated by all users; (c) If a user deletes an ad from the Shared Library, it will be deleted for all users. Users must exercise caution when making changes to the Shared Library, as this affects all users. (d) CarYardBard takes no responsibility or liability for any loss, damage or inconvenience caused by the use of the Shared Library feature, including but not limited to the deletion of ads by any user. No Ad Credits will be reimbursed for any loss or damage resulting from the use of the Shared Library feature. 4.3 Premium Support: If the Services include "Premium Support", the following conditions apply: (a) We are available to assist you in resolving technical issues related to the Services from 9 AM to 5 PM (AEST), Monday to Friday, on 1300 896 535. We will make every effort to help you resolve these issues, but you must first make an effort to resolve any issues internally. We will not assist with issues beyond our reasonable control. (b) You are responsible for all internal administration and management of access, including storing backup passwords and helping your employees, contractors, and/or agents access and use the Services.

(a) Although we will make every effort to provide the best possible AI-generated content for your car dealership, we do not guarantee a specific rate of return or performance from the Services, including any specific results. (b) Due to the continually evolving nature of AI technology, we cannot guarantee the accuracy of all AI-generated content. (c) We do not accept liability for any issues related to the use of AI-generated content. (d) You acknowledge that the Services may rely on services provided by third parties, including OpenAI. If these third parties make any changes to their product offerings or discontinue their services, we will not be liable (to the fullest extent permitted by law) for any loss or damage you may incur as a result, and you will not be eligible for any refunds. (e) It is your responsibility to comply with all relevant regulations, including industrial relations laws and privacy laws, that apply to your business.

(a) To use the Services, you must pay a monthly fee to CarYardBard, payable in advance. The amount of the monthly fee is stated on our website when you create your CarYardBard Account or as agreed to by email. A one-time setup fee may also be charged, which will be clearly stated on our website. (b) All fees must be paid in advance and are non-refundable, including if you change your mind. (c) Unless otherwise agreed in writing, the monthly fees are due and payable on the first day of each billing period and must be paid until you cancel your CarYardBard Account in accordance with clause 14. The first payment is due on the day you create your CarYardBard Account, and the setup fee, if applicable, must be paid in full before onboarding and verification. (d) Your CarYardBard Account will renew every month until you cancel it in accordance with clause 14. If you do not cancel, we will continue debiting your account's applicable monthly fee. By choosing a recurring payment plan, you acknowledge that your CarYardBard Account has an initial and recurring payment feature, and you accept responsibility for all recurring charges before cancelling your account. (e) We use third-party payment providers, such as Stripe, to process fees. The processing of payments is subject to the payment provider's terms, conditions, and privacy policies, and CarYardBard is not responsible for the security or performance of the payment provider. We reserve the right to correct or instruct the payment provider to correct any payment errors or mistakes. (f) All fees include Goods and Services Tax (GST) unless otherwise indicated. (g) We may charge credit card surcharges if payments are made using a credit, debit, or charge card (including Visa, MasterCard, or American Express). (h) We may change the fees from time to time and will give you advance notice if we do. (i) If fees are not paid on time, we may suspend or revoke your CarYardBard Account and withhold the delivery of Services until full payment is received. CarYardBard is not liable for any loss or damage suffered by you as a result of your failure to pay.

Except as stated on our website or as required by law, including the Australian Consumer Law outlined in the Competition and Consumer Act 2010 (Cth), we do not typically offer refunds. Any refunds granted will be at our sole discretion. However, if you encounter any issues with the Services that you believe should qualify you for a refund, please let us know, and we will assess your situation.

8.1 PRIVACY The parties agree to comply with their respective obligations under the Privacy Act 1988 (Cth) and our privacy policy, if applicable. 8.2 CONFIDENTIALITY (a) A party must not, and must not permit any of its officers, employees, agents, contractors or related companies, to use or disclose any Confidential Information disclosed by the other party, except as required by these Terms or with the prior written consent of the disclosing party. (b) This clause does not apply to: (i) information that is publicly available (other than as a result of a breach of these terms or another obligation of confidence); (ii) information required to be disclosed by law; or (iii) information disclosed by us to our subcontractors, outsourced workers, employees, cloud storage providers or agents for the purpose of performing the Services or fulfilling our obligations under these Terms.

9.1 YOUR CONTENT By providing us with Content, you represent and warrant that: (a) you have the right to provide the Content; (b) the Content is free from any harmful, discriminatory, defamatory or maliciously false content and does not contain any offensive or explicit material; (c) the Content does not infringe any Intellectual Property Rights; (d) the Content is accurate and true at the time of provision; (e) any Content in the form of a review or feedback is honest, accurate, and presents a fair representation of the relevant person and/or your experience; (f) the Content does not contain any viruses or other harmful code, and does not compromise the security or integrity of any network or system; and (g) the Content does not breach or infringe any applicable laws, regulations, or orders. 9.2 IP LICENCE You grant CarYardBard (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide, and royalty-free licence (including the right to sub-license) to use, copy, modify, reproduce, and adapt any Intellectual Property Rights in your IP and/or Content to enable CarYardBard to provide the Services to you. 9.3 OUR IP (a) Unless indicated otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings, and software) are subject to Intellectual Property Rights owned or licensed by us, and we retain ownership at all times of such materials. (b) You may only access and use these materials for the sole purpose of using the Services, except where permitted by law or with prior written approval from us.

(a) By using the Services, you acknowledge and agree that third party terms & conditions (Third Party Terms) will apply, including OpenAI's Service Terms, Sharing & Publication Policy, Usage Policy, Terms of Use, and Privacy Policies. (b) You agree to adhere to all applicable Third Party Terms, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

We take reasonable steps to ensure the security of the Services and the information you provide us. However, we do not guarantee that unauthorised access, destruction, loss, damage, or alteration to your data or information (including Your IP and Content), computer systems, mobile phones, or other electronic devices won't occur. As such, we do not accept responsibility for any such unauthorised use that may arise in connection with the use of our Services.

(a) To the fullest extent allowed by law, CarYardBard limits all liability for any loss or damage, regardless of the cause (whether in contract, tort, statute, equity, indemnity, or otherwise), related to the Services, to the total fees paid by you to us in the previous 1 month before the event causing the liability (or, if there are multiple events, the date of the first such event). (b) You agree to compensate CarYardBard and its employees, contractors, and agents for all liabilities resulting from loss, damage, or injury that any person may experience due to your use of the Services and/or violation of these terms. (c) All implied or expressed representations and warranties made by us are, to the fullest extent allowed by law, excluded. (d) These terms are not intended to restrict the operation of the Australian Consumer Law (ACL). Under the ACL, you may be entitled to certain remedies (such as a refund) if there is a problem with the Services we provide. (e) To the fullest extent allowed by law, under no circumstances will CarYardBard be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business, or business opportunity, goodwill, anticipated savings, profits, or revenue arising from or in connection with the Services, these terms or their subject matter (except to the extent that this liability cannot be excluded under the ACL).

13.1 CANCELLATION BY YOU As the account holder, it's your responsibility to cancel your CarYardBard Account. If you wish to cancel, you must provide written notice to us at least 7 days prior to the end of the current billing month. If you provide less than 7 days' notice, you'll be charged for the next month and won't be eligible for any refund for that month. If you'd like to temporarily suspend your Account instead of cancelling it, let us know, and we'll consider your request fairly. 13.2 CANCELLATION BY US To the extent allowed by law, we reserve the right to terminate your access to any or all Services at any time without prior notice, for any reason. In such cases, we'll issue a refund for any unused portion of the Services you have paid for. If you breach any of these Terms, we may also cancel your access to the Services without notice or refund. 13.3 EFFECT OF CANCELLATION Upon termination of these Terms, the following will apply: (a) You'll need to pay any outstanding fees for the Services provided (or that would have been provided) up to the date of termination. (b) We'll return all account information and other data in our possession that's owned by you. (c) You must stop using our Services and any of our intellectual property immediately. (d) Each party must return or destroy if requested, any confidential information of the other party in their possession. (e) You must comply with all obligations that are intended to continue beyond the end of this agreement.

Before taking any legal action, the parties must, in good faith, make an effort to resolve any disputes that arise in connection with this agreement as soon as possible. This requirement does not apply to claims for interlocutory relief.

A notice or any other form of communication between the parties under this agreement must be sent via email to the recipient's email address specified in this agreement. The parties can update their email address by providing notice to the other party.

16.1 GOVERNING LAW AND JURISDICTION These Terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them for any proceedings arising from or in connection with these Terms. No party may object to the venue of any legal process on the grounds that it was brought in an inconvenient forum. 16.2 WAIVER - No party to these Terms may rely on the words or actions of any other party as a waiver of any right unless the waiver is in writing and signed by the granting party. 16.3 SEVERANCE - If any provision of these Terms is wholly or partially void or unenforceable, it will be severed to the extent that it is void or unenforceable, and the validity and enforceability of the remaining provisions will not be limited or otherwise affected. 16.4 JOINT AND SEVERAL LIABILITY - Any obligation or liability assumed, or right granted, to two or more parties binds or benefits them jointly and severally. 16.5 ASSIGNMENT - A party cannot assign, novate, or transfer any of its rights or obligations under these Terms without the prior written consent of the other party. 16.6 COSTS - Each party will be responsible for paying their own costs and expenses in connection with negotiating, preparing, executing, and performing these Terms unless otherwise specified. 16.7 ENTIRE AGREEMENT - These Terms embody the entire agreement between the parties and supersede any prior negotiations, arrangements, or agreements (whether expressed or implied) in relation to their subject matter. 16.8 INTERPRETATION - (a) Singular and plural words (i.e. "person" or "you") includes the plural and vice versa; (b) A reference to "$" or "dollar" is to Australian currency; (c) A reference to "party" includes their executors, administrators, successors, and assigns, including those taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (d) A reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure of these Terms and a reference to these Terms includes all schedules, exhibits, attachments, and annexures to it; (e) A reference to a document (including these Terms) refers to the document as varied, novated, ratified, or replaced from time to time; (f) Headings and bold words are for convenience only and do not affect interpretation; (g) The word "includes" and similar words in any form are not limiting; and (h) No provision of these Terms will be interpreted adversely to a party because that party was responsible for preparing these Terms or that provision.

17.1 Business Day: A day (excluding weekends and public holidays) when banks are open for general business in Sydney. 17.2 Confidential Information: Information provided by a party that is confidential in nature, designated as confidential, or is known or ought to be known as confidential (including all commercial information exchanged between the parties) but does not include information that becomes public knowledge without a breach of confidentiality. 17.3 Content: Any materials provided by you in relation to the Services, including your Motor Dealer License and any content provided under clause 9. 17.4 Fees: The fees for the Services as stated when you created your CarYardBard Account or as otherwise agreed with us in writing. 17.5 Intellectual Property Rights: All rights related to copyright, trademark, design, patent, semiconductor and circuit layout, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights, both in Australia and globally, whether created before or after the date of these Terms. 17.6 Your IP: All Intellectual Property Rights that are owned or licensed by you.