CarRecord.com.au (Site) with the trading name CARRECORD.COM.AU PTY LTD (ABN 79 612 877 791) (we, us) and provides users of the Site (Users) with vehicle information and reports (Reports) through our online information service (Vehicle Information Service).
These terms and conditions were last updated on Tuesday 14th September, 2016 at 12:49pm AEST.
1) Application of Terms
You will have the right to request that we provide you with particular Reports depending on the type of CarRecord Reports Pack you have purchased during the period specified upon purchase of the CarRecord Reports Pack. No refunds will be given for any unused Reports. CarRecord Reports Packs are non-transferrable.
You will not be given any notice that the period within which you may order Reports is about to lapse.
Your use of the Site is evidence of your consent to the collection, storage, use and dissemination or disclosure of any Personal Information (as defined by the Privacy Act 1988 (Cth)) you provide to us (including name, email address, date of birth, gender and postcode).
4) Collection and Use of Personal Information for Other Purposes
You agree that we may collect and use your Personal Information as a User and other information about the activities of Users on the Site. We may also collect anonymous depersonalised information (i.e. information that does not identify a User). We use anonymous and Personal Information about the activities of individual Users of the Site by tracking their username (Collected Information). The Collected Information (all or some of it) may be used for marketing purposes. Where that occurs, the Collected Information will be disclosed to our corporate partners. You consent that we and our corporate partners can use and disclose your Personal Information to contact you about other goods and services offered by CarRecord or its corporate partners and use that information for direct marketing purposes. You consent to receive communication via email, SMS or other electronic communication, or by phone or mail.
You expressly agree that:
(a) we can use the Collected Information for our own statistical analysis purposes, such as (i) to determine the most popular Reports and results on the Site and (ii) to assist us enhance the functionality of the Site; and
(b) where you have consented to your information being passed on to Corporate Partners, CarRecord will receive a fee for this.
5) Ownership of Content on the Site
You acknowledge that all materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks (including the word “Car Record”) on the Site (Content) are owned by us or licensed to us and are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. You must not use, adapt, modify, reproduce, store, distribute, print, display, publish, create derivative works, download onto a computer, upload to a third party, post, transmit or distribute the Content.
Even if Content is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not a grant of permission to modify that Content unless expressly noted at the time of delivery.
6) Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of the Content without modification solely for your own personal use, information, research or study. You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by these Terms.
You must take your own precautions to ensure your use of the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your use of the Site.
VEHICLE INFORMATION SERVICE
You acknowledge that the Vehicle Information Service is supplied online over communications links and other networks, and that the availability of the Site and the Reports rely on the availability of those links and networks. We will take reasonable steps to ensure that any Vehicle Information Service that we choose to provide is available, but we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that the Site, the Vehicle Information Service or the Reports will be continuously available.
You agree to comply with these Terms and follow any procedures and other instructions we provide when you use the Vehicle Information Services. You agree to keep any user name, password or other identifier we give you for the Site and/or the Vehicle Information Service (Identifier), confidential and secure. You agree that any Identifier will not be transferred or disclosed to any third party and you will tell us if it is no longer required. You are responsible for all use of any Identifier and any liability that is incurred or arises through use of your Identifier. If we ask you to, you agree to stop using an Identifier or use a replacement Identifier we give you.
9) Supply of Reports
We will supply each Report to you after we accept your request for the particular Report.
10) Ownership of Reports
11) Use of Reports
You agree that the Reports are provided to you strictly for your personal use and solely for the purpose for which they are supplied.
If we deliver Reports to you electronically, you are permitted to retain one electronic copy of the Report on your personal computer. You are also entitled to print one hard copy of the Report for your file. Other than the permissions granted in this paragraph, you may not use, reproduce, modify, adapt, transfer, re-sell, re-package or otherwise re-use all or any part of a Report in any way or for any purpose.
If you are a business entity, in addition to the permissions granted in the paragraph above, you may print three copies of the Report for display at your premises and provide hard copies of the Report to potential purchasers.
12) Our Charges
You acknowledge that we have no obligation to provide Reports to you until:
(a) you submit your order for a Report using the [online form]; and
(b) you complete payment with PayPal; and
(c) your payment for that Report is successfully processed.
Car History access for account holders is billed on a monthly basis in arrears via direct debit method of payment.
You acknowledge that your payment details for Reports ordered through the site are received by us and we may provide them to a third party solely for the purpose of processing your payment. That third party will process your payment and you must agree to the terms and conditions of any third party payment processor before your payment will be accepted.
• The Site may link to third party sites or collect from those third parties which in turn may contain hyperlinks to further third party sites (collectively Linked Sites). These are provided for your convenience only. You acknowledge that Linked Sites are not under our control and we are not responsible for the content of any of them. The inclusion of any link does not imply any endorsement of the link by us.
• You acknowledge that we source information from third parties. You agree that you are responsible for assessing the value of the information we provide you, and for the decisions that you make, regardless of whether you base them on the information we supply.
• You acknowledge that the services on CarRecord.com.au are catered towards cars. We provide no guarantee that our services will work for searches of motorcycles, trucks or other vehicle types and are not obligated to provide refunds for reports generated due to incorrect use of our services.
• You acknowledge that in some cases there may be a delay between when an event occurs and when that information is provided to us to record and that we have no control over when third parties choose to report information or events. We do take steps to record the information provided as soon as we can.
• You acknowledge that we may not have the complete history of the vehicle on which you order a report. Accordingly, we will not be liable for the refund of any fee paid if the report in question does not provide a full history of the vehicle.
In particular, where information comes from one or more of the named suppliers or reports below the following additional disclaimers apply to the information from that supplier or in respect of that report, as required by those suppliers:
• Glass’s Information Services has exercised all reasonable care and skill in producing this information. Glass’s Information Services gathers its information from independent sources within the motor trade, unconnected with it, and as a result can accept no responsibility for the accuracy or completeness of information. Furthermore, information on valuations supplied are intended as a guide only to current market value; they can not be considered in any way a substitute for a full and detailed inspection of any vehicle.
• Personal Property Securities Register (PPSR) – To the extent permitted by law, the PPSR and PPSR Information is made available without any representation or warranty of any kind (without limitation in respect to the accuracy of PPSR Information) and we have no liability to you in respect of any loss or damage that you might suffer no matter how arising (including negligence) that is directly or indirectly related to the PPSR, or PPSR Information.
14) Limitations on Liability
If in our supply of the Vehicle Information Service we are liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 or is implied by any state or territory law that cannot be excluded, our liability under that legislation is limited, to the extent permitted by law, to the re-supply of the relevant Vehicle Information Service or the payment of the costs of having the Vehicle Information Service supplied again, whichever we elect. In our absolute discretion and instead of either of the foregoing two options, we may elect to refund to you the amount you have paid us for the Vehicle Information Service to which your claim relates.
To the extent permitted by law, we are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) which arises or might arise if it were not for this clause.
16) Governing Law