CarHistory Drive Promotion Terms and Conditions

vedaauto.carhistory.com.au (Site) is owned and operated by Veda Advantage Information Services & Solutions Limited (ABN 26 000 602 862) (we, us) and provides users of the Site (Users) with vehicle information and reports (Reports) through our online information service (Vehicle Information Service).
Drive.com.au (Drive) is a website owned and operated by Fairfax Media Publications Pty Ltd (ABN 33 003 357 720 (Fairfax) which provides motor vehicle classified advertising and other information.

GENERAL

1) Application of Terms
These terms and conditions constitute the terms of use (Terms of Use) which govern the supply of Reports as part of the Drive Car History Promotion and your access to, and use of, the Site and the Vehicle Information Service in connection with those Reports. Any other use of the Site, the Vehicle Information Service and Reports is governed by our standard terms and conditions, available at http://www.carhistory.com.au/home/terms.dot.   

Your request for a Report as part of the Drive Car History Promotion and your subsequent use of the Report, Site and the Vehicle Information Service indicates you accept these Terms of Use, which constitute a binding legal contract between you, us and Fairfax. We may change the Terms of Use by publishing those changes on the Site. If you do not agree with the Terms of Use and/or any changes to them that we publish, you must not use the Site or the Vehicle Information Service.

These terms and conditions apply in addition to Fairfax's Advertising Terms and Conditions (available at http://adcentre.fairfaxdigital.com.au/dotAsset/11739.pdf) and the Conditions of Use for all Fairfax Digital sites (available at http://www.fairfax.com.au/conditions.html).
These terms and conditions prevail to the extent of any inconsistency between them and any of those other terms.

2) Privacy Policy Acknowledgement
You agree you have read and understood our Privacy Policy. You must comply with the Privacy Policy (as revised by us from time to time). However, the Privacy Policy does not form part of these Terms of Use. To the extent of any inconsistency, these Terms of Use prevail.

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).

3) Collection and Use of Personal Information for Other Purposes
You agree that we may collect and use your Personal Information supplied when you request a Report and use the Site. We may also collect anonymous or 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 is being collected for the sole purpose of running the Drive Car History Promotion and will not be used for any marketing purposes.  You expressly agree that 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.

4) THE PROMOTION
In order to be entitled to receive a complimentary Report from us, you must place a new classifieds advertisement on Drive during the Promotion Period through the webpage drive.com.au/sell-your-car. You must also be a private seller and not a car dealer.

By ticking the relevant box when you place your advertisement, you will be deemed to have requested a Report from us. You acknowledge that we have no obligation to provide Reports to you until all necessary information to run the Report is received.

If you provided the VIN of your vehicle when you placed your advertisement on Drive, you will receive an email from us with your Report attached. If you didn't provide the VIN with your advertisement placed on Drive, we will contact you to complete your Report.

You will be sent the Report in pdf format. In addition, you will receive an image that you can upload to your listing, to promote to buyers that a free CarHistory report is available for this vehicle and to contact the advertiser to obtain a copy.

THE SITE
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 History") 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
7) Availability
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.

8) Procedures
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
You acknowledge that we, together with our licensors, own all intellectual property rights (including without limitation all copyright in the layout and manner in which the information in the Reports is compiled) and nothing in these Terms of Use transfers any ownership in the Reports to you. You acknowledge that the Reports may include information that is licensed to us by third parties.

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 and to email the Report to potential purchasers of your vehicle. You are also entitled to print hard copies of the Report to retain with your file and to give to potential purchasers of your vehicle. You may also provide the 5-digit vehicle certification number to potential purchasers to enable them to view the Report on the Site. 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.

12) Disclaimer
The Site may contain links to third party sites 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 understand 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.

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 and may vary from other valuation reports. They cannot be considered in any way a substitute for a full and detailed inspection of any vehicle.

QLD REVS report – THE STATE OF QUEENSLAND acting through the Office of Fair Trading, Department of Employment, Economic Development and Innovation ABN 24 830 236 406 owns all Intellectual Property Rights in the QLD REVS report and you may not use that report in a manner that infringes the provider's Intellectual Property Rights in the QLD REVS Report including using for a commercial purpose, downloading the QLD REVS Report or storing the QLD REVS Report for any purposes other than the legitimate purpose for which it was supplied and the maintenance of associated records.

Vcheck – You acknowledge and agree that the you do not own or become the owner of the Vcheck report or any Intellectual Property Rights in the Vcheck report or in any database or register from which the Vcheck report is obtained and agree not to use, and do not use, the Vcheck report in a manner that infringes Intellectual Property Rights in the Vcheck report or any database or register from which the Vcheck report is obtained, whether such Intellectual Property Rights belong to Transport and Main Roads or any other person; and will not download the Vcheck report or store the Vcheck report for any other commercial purpose.

13) Limitations on Liability
Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent.   These Terms of Use must be read subject to those statutory provisions.

To the extent permitted by law, we exclude all express or implied representations, guarantees, conditions, warranties and terms relating to the use of the Site and the Vehicle Information Service that apply under or are implied by statute, custom, law or otherwise, except those set out in these Terms of Use. 
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.

You acknowledge that the Reports are supplied by us and not Fairfax and that Fairfax makes no warranty, representation or undertaking in relation to the Reports or the sale of your vehicle on Drive, including as to any price that may be offered. You release, indemnify and hold harmless Fairfax, its related bodies corporate, and their officers, employees and agents from and against any and all losses, costs, expenses, claims, damages and other liabilities arising in connection with your use of the Reports, the Site and the Vehicle Information Service.

14) Termination
We may terminate your access to this Site at any time without reason and without notice. The Terms of Use survive any such termination.

15) Governing Law
The Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.