Terms of Use
Published on 10 March 2023. These terms of use replace and supersede all prior versions, from the date of publication.
These Terms of Use (“Terms”) are an agreement between you and Car Valuations Pty Ltd (ACN 658 712 906) (“Car Valuations”, “we”, “us”, or “our”). Please read these Terms carefully as they govern your use of and access to our website (“Site”) and information about the valuations of vehicles made available on our Site (“Services”).
By accessing our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, then you must not access or use our Site and Services.
Purpose of our Site and Services
Our Site and Services are intended as a source of general information about the valuation of vehicles and must only be used for personal and non-commercial use. Valuations are based on information gathered from a range of third-party sources. Any valuation of a vehicle produced by our Site and/or Services may be out of date at any given time, and we are under no obligation to update such material.
No warranty
You understand and agree that your access to and use of our Site and Services is at your own initiative and risk. Subject to your consumer rights and except as required by law, we do not in any way represent, warrant or guarantee:
- that the content of our Site and Services are accurate, complete or up to date;
- continuous, uninterrupted, or secure access to our Site and Services;
- that our Site and Services will be fit for any particular purpose;
- that our Site and Services are free of malware or other harmful components; or
- the accuracy of any vehicle valuation generated by our Site or Services (or any third party on behalf of us).
You must not rely on the vehicle valuations produced by our Site and Services without making your own independent assessment of the valuation of a vehicle. You should consult other third-party sources of information in determining the valuation of a vehicle. We will not be liable to you or anyone else who relies on the information available on our Site or the information (including but not limited to vehicle valuations) generated by the Services. Please see the “limitation of liability” section below for a detailed explanation of the limits of our liability to you.
Prohibitions
You must not use our Site or Services:
- for any unlawful purpose or for any purpose prohibited by these Terms;
- to infringe any intellectual property or proprietary rights of any third party;
- to solicit others to perform or participate in any unlawful acts;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
- to submit false or misleading information;
- to upload viruses or other malicious code;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext or crawl;
- for any obscene or immoral purpose; or
- to interfere with or circumvent their security features.
Your consumer rights
These Terms are subject to consumer protection laws and regulations including the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law which may not be excluded, restricted or modified by agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and Australian State/ Territory fair trading authorities.
If these Terms are governed by the Australian Consumer Law, you may have certain consumer rights under that legislation. Subject to your consumer rights, and in addition to the “limitation of liability” section below, we are not liable
- for any loss that was not reasonably foreseeable to us; and
- to the extent that your loss was contributed to by you or any other matter outside our reasonable control.
Limitation of liability and indemnity
For the purpose of this section, references to “we”, “us” or “our” mean Car Valuations Pty Ltd (ACN 658 712 906), our related bodies corporate, directors, partners, representatives, officers, agents, contractors and employees, whether individually or collectively
To the maximum extent permitted by law, in no event will we be liable to you or anyone else, whether under contract, tort, statute or in equity, for any kind of loss (including any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data) incurred or suffered by you or anyone else arising out of or in connection with these Terms or your access to and use of our Site or Services.
Our aggregate liability to you under or in connection to these Terms (whether in tort (including negligence) for breach of contract or breach of statute or otherwise) is limited to the resupply of the Services or a refund of any fees paid for the Services by you.
You agree to indemnify and hold us harmless from and against all claims, losses, costs, damages and expenses (including reasonable legal fees) suffered or incurred by us arising out of or related to your breach of any of these Terms or your use of or the provision of our Site and Services.
This clause will survive the termination or expiry of these Terms.
Privacy policy
Please see our privacy policy for information about how we collect, handle, use and disclose personal information. In accessing and using our Site and Services you agree to be bound by our privacy policy as amended from time to time.
Waiver
The failure of us to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision.
Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable in any jurisdiction, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions of these Terms.
Changes to our Terms
You can review the most current version of these Terms at any time on our Site. We reserve the right, at our sole discretion, to update, change or replace any part of our Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Services following the posting of any changes to our Terms constitutes acceptance of those changes.
Governing law
These Terms are governed by and construed under the laws of Victoria.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.