Dealer Drive Australia Pty Ltd (ACN 165 751 093) and its related bodies corporate (“Dealer Drive”) operate the website www.dealerdrive.com.au and Dealer Drive’s network of applications and related services (together the "Dealer Drive Network").
By accessing or using the Dealer Drive Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the Dealer Drive Network, each as amended from time to time.
1. About the Dealer Drive Network
Dealer Drive publishes or makes available on the Dealer Drive Network information, products and services, vehicle data, valuations, software and other content supplied by Dealer Drive and third parties (“Material”). Dealer Drive does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on the Dealer Drive Network or on any website that links from the Dealer Drive Network.
2. Personal and non-commercial use only
(a) Unless you have signed commercial terms with Dealer Drive, use of the Dealer Drive Network is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for accessibility), you must not without the prior written approval of Dealer Drive do any of the following or authorise a third party to do that thing on your behalf:
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material to create any website, publication or searchable database;
mirror or frame any website or Material from the Dealer Drive Network;
use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
publish, transfer or sell any Material, information or functionality derived from the Dealer Drive Network; or
undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.
(b) If Dealer Drive considers that you or any party related to you has acted contrary to these Terms, then Dealer Drive may immediately terminate your right to access and use the Dealer Drive Network and reserves its right to take any action it deems necessary or desirable to prevent such repeated action.
3. You are responsible for your use of the Dealer Drive Network
(a) Dealer Drive does not warrant the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the Dealer Drive Network. You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.
(b) The Material made available on (or via) the Dealer Drive Network is provided as general information only. The Material is not professional, expert or other advice and not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
(c) You indemnify Dealer Drive against any liability, loss, claim or demand if Dealer Drive (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms (including any warranties you provide in them).
(d) You must keep your username and password to access the Dealer Drive Network secure and confidential and not provide those details to any third party. You accept all liability for any unauthorised use of any username and password issued to you.
4. Goods and services provided by Dealer Drive
Any goods or services offered by Dealer Drive are subject to additional terms and conditions (including but not limited to the Dealer Drive Business Agreement), which will be notified separately to you where applicable. To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.
5. Dealer Drive’s liability to you is limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Dealer Drive are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, Dealer Drive will only be liable to you:
pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, any such liability of Dealer Drive is limited, at Dealer Drive’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
subject always to subclause 5(d), if your claim arises from any deliberate breach of these Terms or fraud by Dealer Drive.
(c) Subject to subclause 5(b), and except to the extent that liability cannot be excluded, Dealer Drive will not be liable to you for claims arising out of or in connection with your access and use of the Dealer Drive Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
(d) To the full extent permitted by law, Dealer Drive will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any increase in operating costs or economic loss.
(e) For the purposes of this section, the term Dealer Drive means Dealer Drive, its officers, employees, contractors and agents, whether individually or collectively.
(f) This clause will survive any expiry or termination of these Terms.
6. Copyright, trademarks and licence
(a) Material on the Dealer Drive Network is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by Dealer Drive. Unless otherwise indicated on the Dealer Drive Network, the Materials are owned by or licensed to Dealer Drive and are subject to copyright (the "Copyright Material").
(b) You may:
only copy or reproduce the Copyright Material for the purpose of browsing the Dealer Drive Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) Dealer Drive and other names of Dealer Drive’s products and services are registered or unregistered trade marks of Dealer Drive. Other product and company names mentioned on the Dealer Drive Network may be the trade marks of their respective owners. Nothing displayed on the Dealer Drive Network should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.
7. Communications Services
(a) Dealer Drive may provide you with the ability to communicate with Dealer Drive and others, including through agreements, online forms, electronic requests and other forms of electronic messaging (“Communications Services”). The Communication Services may also involve certain types of information, documents and materials being transmitted by you or on your behalf via the Dealer Drive Network.
(b) You acknowledge that certain types of Communications Services may be public and not private communications. Dealer Drive may, in its discretion, collect, store or scan communications, however you should not rely on it doing so.
(c) Use of the Communications Services is provided on the condition that you do not:
transmit any information or material which is incorrect, misleading or deceptive;
transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Dealer Drive to be inappropriate;
transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
use the Communications Services for any unlawful purpose;
post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user's computer or damage any of the Dealer Drive Network’s infrastructure;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Dealer Drive;
download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;
excessively use the Communications Services in a manner which may hinder or prevent Dealer Drive from providing services to any other person or which may threaten the integrity or use by any person of the Dealer Drive Network; or
authorise, aid, abet encourage or incite any person to do any of the above acts.
(d) Dealer Drive may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Dealer Drive may also suspend or terminate the use of the Dealer Drive Network of any person determined by Dealer Drive to be in breach of these Terms.
8. Software services
(a) Any software, including HTML code, that is made available via the Dealer Drive Network ("Software") is owned by Dealer Drive and/or its suppliers.
(b) Your use of the Software is governed by the terms of the applicable services or business agreement, if any, which accompanies or is included with the Software. You must agree to the terms of the applicable services or business agreement before using the Software.
(c) If there is no applicable services or business agreement, Dealer Drive grants you a personal, non-transferable licence to use the Software for viewing and otherwise using the Dealer Drive Network in accordance with these Terms, and for no other purpose. You must not:
copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
9. Redbook and other third party data
(a) Automotive Data Services Pty Ltd (“RedBook”) and other relevant third parties have prepared data and valuations from information gathered from a variety of sources that may be displayed on the Dealer Drive Network. Whilst all care is taken in producing the data and valuations, RedBook (and the other relevant third parties) use third party data sources and do not make any representations regarding the accuracy, completeness or fitness for purpose of its data. You should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
(b) Without limiting any other provision in these Terms, Dealer Drive, RedBook and any other relevant third parties are not liable for any loss or damage (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, valuation or data provided by RedBook or any other relevant third party.
10. Dealer Drive and your privacy
11. What law governs these Terms
This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in that State.
12. Amendments to these Terms
(a) Dealer Drive may at any time in its absolute discretion modify or amend its terms and conditions for its goods or services. Modifications of these Terms will be binding on you once displayed on this website or app. You should regularly check the terms and conditions displayed on this website or app.
(b) Dealer Drive may, acting reasonably, cease to provide you with access to the Dealer Drive Network or any of its services without notice.
(c) All rights not expressly granted are reserved.
13. Contact Dealer Drive
If you have a question, issue or need to contact us:
Location: 449 Punt Road, Richmond, VIC 3121
Postal Address: 449 Punt Road, Richmond, VIC 3121
Contact: Attention – Dealer Drive Support Team
Version 1 (August 2022)
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