Automotive Data Services Pty Ltd (RedBook) is pleased to provide you with access to www.redbook.com.au (RedBook Website), which forms part of a network of websites, apps and related services owned or operated by RedBook and its related bodies corporate (Network) on these terms and conditions (Terms).
By accessing or using the Network, you agree to be bound by these Terms (and the other terms and conditions and policies referred to in these Terms) as amended from time to time.
1. About the RedBook Website
(a) We publish or make available on the Network, information, advertisements, products and services, vehicle data, valuations, software and other content supplied by us and third parties (Material).
(b) To the extent permitted by law, we do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the Network (including via links to third party websites). You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.
2. Personal and non-commercial use only
(a) Unless you have signed commercial terms with us, use of the 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 our prior written approval (such approval not to be unreasonably withheld) 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 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 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 we reasonably consider that you or any party related to you has acted contrary to these Terms, then we may immediately terminate your right to access and use the Network and reserve our right to take any action we deem reasonably necessary or desirable to prevent such repeated action.
3. You are responsible for use of the Network
(a) The Material made available on (or via) the Network is provided as general information only. The Material is not professional, expert or other advice and it is not a substitute for such advice. The Material 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.
(b) You indemnify us against any liability, loss, claim or demand if we (or any of our officers, representatives, employees or agents) suffer any loss or damage or incur 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 - except to the extent such loss or damage is caused by our own acts or omissions.
4. Goods and services provided by RedBook
Any goods or services offered by RedBook (beyond access to the Network) are subject to additional terms and conditions. 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. Our liability to you is limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all implied guarantees and warranties in respect of any goods or services provided by us are hereby excluded. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy conferred on you by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted or modified.
(b) To the full extent permitted by the law, we 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 us is limited to the greater of (i) the fees paid by you to us for the relevant services in the 12 months immediately preceding the claim or (ii) $1000.
(c) To the full extent permitted by law, we 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, delay or for any financing costs, increase in operating costs or economic loss.
(d) For the purposes of this section, the reference to "we", "us" or "our" will mean RedBook, its related bodies corporate and each of their officers, employees, contractors and agents, whether individually or collectively.
(e) This clause 5 will survive any expiry or termination of these Terms.
(f) Where you have purchased a specific product or service from us, please check your additional specific product or service terms for liability provisions which may prevail over this clause.
6. Copyright, Trademarks and Licence
(a) Material on the Network is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by us. Unless otherwise indicated on the Network, the Material is owned by or licensed to RedBook and is subject to copyright (the Copyright Material).
(b) You may:
- Only copy or reproduce the Copyright Material for the purpose of browsing the 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) RedBook and other names of RedBook's products and services are registered and unregistered trade marks of RedBook. Other product and company names mentioned on the Network may be the trade marks of third party owners. Nothing displayed on the Network should be construed as granting you any intellectual property rights including the right to use any trademark without the relevant owner's express written consent.
(d) In consideration of us allowing you to access and use the Network, you grant to us a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via the Network for such purposes as RedBook determines from time to time (subject to the RedBook Privacy Policy). You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third party rights. To the extent permitted by law, you agree to RedBook taking any actions that may otherwise infringe your moral rights in relation to the material.
7. Redbook Data
(a) RedBook has prepared data and valuations from information gathered from a variety of sources that may be displayed on the Network. Whilst all care is taken in producing the data and valuations, RedBook does not make any representations regarding the accuracy, completeness or fitness for purpose of its data to the extent permitted by law. You should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
(b) RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.
8. RedBook and Your Privacy
By using the Network, you agree to the RedBook Privacy Policy which sets out how we collect, use and disclose your personal information.
9. What law governs these Terms?
These Terms are 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.
10. RedBook may change its terms
(a) RedBook may modify or amend its terms and conditions from time to time. Modifications of these Terms (and terms and conditions linked to these Terms) take effect once displayed on the Network, however will only apply to your use of the Network after that date and will not affect any accrued rights or obligations under the prior terms and conditions.
(b) RedBook may, acting reasonably, cease to provide you with access to the Network or any of its services without notice.
(c) All rights not expressly granted are reserved.
Contact us
If you have a question, problem or complaint or need to contact us:
eMail: vasb@erqobbx.pbz.nh
Call: 1300 671 378
Version 3 (November 2023)