Audi Online Reservation Form Terms of Use

1. (Terms of Use) These terms of use (Terms) set out the terms and conditions that apply with respect to your access to and use of the Audi online reservation form (Online Reservation Form). The Online Reservation Form is made available to you by Audi Australia Pty Ltd, ABN 86 077 092 776) (Audi Australia) for the purpose of enabling you to:

(a) browse the Audi vehicles available for sale from participating Audi dealers via the New Audi Stock Locator website portal;

(b) indicate to those dealers your interest in purchasing one of their vehicles; and

(c) pay a reservation fee to a dealer to reserve a vehicle for a minimum of 3 business days while you negotiate the terms of purchase with the dealer.

2. (Acceptance of Terms of Use) By using the Online Reservation Form you accept and agree to be bound by these Terms which set out Audi Australia’s obligations to you, and your obligations to Audi Australia, in relation to the use of the Online Reservation Form.

3. (Vehicle Availability) The Online Reservation Form gives you two options in relation to a vehicle of interest: you may elect to "Make an enquiry" to notify the selling dealer of your interest in a particular vehicle (Online Enquiry) or you may elect to "Reserve now" to request that the selling dealer reserve the particular vehicle for a minimum of 3 business days (subject to confirmation of availability) in exchange for your payment of a $500 reservation fee to the selling dealer (Online Reservation). Availability of vehicles listed on the Audi Stock Locator is based on Audi Australia records at the time of publication. Submitting an Online Enquiry or an Online Reservation does not guarantee that you will be able to purchase the vehicle selected by you and vehicle availability is subject to confirmation by the selling dealer on receipt of your Online Enquiry or Online Reservation.

4. (Online Reservation Process) The Online Reservation Form is a convenient communication method with the relevant participating dealer made available to you by Audi Australia for the purposes described in paragraph 1 above. Audi Australia is not party to your interactions with your chosen dealer, is not party to any transactions entered into between you and dealer (including payment or refund of reservation fee and any final sale) and does not warrant the accuracy of any representations made or information provided to you by dealer in response to your Online Enquiry or Online Reservation made via the Online Reservation Form. Subsequent to your use of the Online Reservation Form, Audi Australia expects that the following process will occur:

(a) Following your submission of an Online Enquiry, a member of the selling dealer's team will contact you regarding your enquiry and to answer any questions you may have regarding the next steps towards purchasing a new Audi vehicle.

(b) Following your submission of an Online Reservation (including payment of the $500 reservation fee):

(i) you will receive an email confirming that your Online Reservation and $500 reservation fee has been sent to the selling dealer and providing a link to download your receipt;

(ii) a member of the selling dealer's team will contact you to confirm whether the selected vehicle remains available for sale from the dealer and to discuss next steps;

(iii) if your selected vehicle is not available, your dealer will issue you with a full refund of your $500 reservation fee;

(iv) if your selected vehicle is available:

(A) the dealer will reserve the selected vehicle for a minimum of 3 business days and a maximum of 7 business days from the time that you submitted your Online Reservation via the Online Reservation Form (unless you cancel the reservation earlier or the dealer agrees to extend the reservation period beyond 7 business days) to enable you to negotiate the purchase of the vehicle from the dealer (including final sale price, any trade-in value and financing options);

(B) if you require more time to finalise the purchase of your vehicle, you may request that the dealer extend the reservation period for such additional period as may be agreed between you and the dealer;

(C) if you decide to move ahead with the purchase, your $500 reservation fee will become a partial deposit towards the final purchase price that you agree with your dealer for your new Audi vehicle;

(D) if at any time you decide not to move ahead with the purchase, you may request a refund of the reservation fee and the dealer will issue to you a full refund of your $500 reservation fee and release the reservation on your selected vehicle;

(E) on expiry of the minimum 3 business day reservation period, your dealer may, at its discretion, advise you that your reservation will be cancelled within 24 hours, (unless you request an extension of the reservation period and the dealer agrees to that request), and a refund of your $500 reservation fee will be issued;

(F) 24 hours prior to the expiry of the maximum 7 business day reservation period (or such longer reservation period as agreed with the dealer), your dealer will advise you that your reservation will be cancelled on expiry of the reservation period and a refund of your $500 reservation fee will be issued.

5. (Not an Agreement to Purchase) Nothing in these Terms constitutes an agreement governing any matter arising subsequent to your use of the Online Reservation Form, including to purchase a vehicle the subject of an Online Enquiry or Online Reservation, nor is this an offer by Audi Australia to sell any vehicle to you. Audi Australia does not sell any of the Vehicles directly to you and is not party to any transactions between you and the selling dealer (including in relation to payment of the $500 reservation fee, which is paid via the Online Reservation Form to the selling dealer and not to Audi Australia). Any purchase agreement for a Vehicle must be entered between you and your preferred Audi Dealer either in person at the dealership or by online correspondence between you and your preferred Audi Dealer (Dealer Sales Contract). If you decide to enter into a Dealer Sales Contract, that Dealer Sales Contract will set out all terms and conditions on which you purchase the Vehicle from the selling Dealer.

6. (Manufacturer's Recommended Drive Away Price) The price for the Vehicle displayed on the Audi Stock Locator and Online Reservation Form is the Manufacturer's Recommended Drive Away Price (MRDP) including optional equipment fitted. The MRDP is for the vehicle in the configuration and with each of the options and other features installed in the vehicle as available for sale from the listed dealer (includes Recommended Dealer Delivery Charge, Government taxes and statutory charges) at the time of publishing and based on the State or Territory where the Dealer is located. If you register the vehicle in a different State or Territory, the MRDP may vary from that above as a result of differences in price components such as stamp duty or registration fees. The MRDP is based on the owner being a 'rating one' driver aged 40 with good driving record. Actual drive away price is subject to agreement with the selling dealer and will differ depending on choice of dealer and individual circumstances. The final drive away price payable by you for the Vehicle, as well as any trade-in value, financing options and other transaction costs, will be agreed between you and your selected Audi Dealer at the time when you enter into the Dealer Sales Contract. We note that on road costs are constantly changing and depend on many factors, such as your registration address, vehicle usage and licence plate type. The final drive away price will be set out in the Dealer Sales Contract and may be different from the MRDP shown in the Online Reservation Form (Final Purchase Price). Once you enter into the Dealer Sales Contract, the amount of the Reservation Fee will be applied towards payment of the Final Purchase Price and thereby reduce your payment obligations under the Dealer Sales Contract.

7. (Privacy Collection Statement) By using the Online Reservation Form you agree and accept that Audi Australia will collect your personal information, such as your name and contact details. Your personal information will be collected and stored in accordance with the terms of our Privacy Policy. Failure to provide your personal information may prevent the completion of your Online Reservation. We may disclose your personal information to third parties, including to the selling dealer, our service providers or as required by law. We may also share your personal information with our related bodies corporate, other Audi Dealers or entities associated with Audi Australia, some of which may be located overseas, including in Germany. Further information about our privacy practices is available in our Privacy Policy located at https://www.audi.com.au/au/web/en.html#layer=/au/web/en/privacy-policy.html

8. (Disclaimers)

(a) While every effort has been made to ensure that the information included in the Online Reservation Form is correct and up to date, some inaccuracies may be present and Audi Australia makes no representations or warranties as to the accuracy of the images or information included in the Online Reservation Form.

(b) Images for vehicles listed on the Online Reservation Form are digitally generated according to exact vehicle specifications from factory systems and may display overseas configurations.

(c) The specified fuel consumption and emission data have been derived from standardised laboratory testing in accordance with ADR 81/02. They do not refer to a particular individual vehicle and do not constitute part of any sales offering. They are intended exclusively as a means of comparison between different vehicle types. Additional equipment and accessories (e.g. add-on parts, different tyre formats, etc.) may change the relevant vehicle parameters, such as weight, rolling resistance and aerodynamics, and, in conjunction with weather and traffic conditions and individual driving style, may affect fuel consumption, electrical power consumption, CO2 emissions and the performance figures for the vehicle.

(d) Prices displayed are the Manufacturer's Recommended Drive Away Price as described in clause 6 above). Actual drive away price, trade-in value, financing options and sales transaction is subject to agreement with your chosen dealer.

(e) Audi Australia is not party to your interactions with your chosen dealer, is not party to any transactions entered into between you and dealer (including payment or refund of reservation fee and any final sale) and does not warrant the accuracy of any representations made or information provided to you by dealer in response to your Online Enquiry or Online Reservation made via the Online Reservation Form.

(f) By using the Online Reservation Form, you represent and warrant that all information you provide via the Online Reservation Form is true and accurate. If at any time Audi Australia or your selected dealer discover that any of the information that you have provided is not true and accurate, the dealer reserves the right to cancel your Online Reservation (subject to refunding of your reservation fee).

(g) To the full extent permitted by law, Audi Australia excludes all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the use of the Online Reservation Form, including but not limited to any technical difficulties or access issues with the Online Reservation Form (whether or not under our control).

(h) Audi Australia reserve the right to remove the Online Reservation Form from our websites for any reason and at any time.

(i) These Online Reservation Form Terms of Use apply alongside our general Disclaimer and Non-liability Clause which apply to all parts of the Audi Australia website, including without limitation, the Online Reservation Form.

9. (Governing Law and Jurisdiction) These Terms are governed by the laws applicable in the State of New South Wales, and the parties submit to the exclusive jurisdiction of the Courts of that State.