RedBook Web Look-Up Terms and Conditions
1. By clicking "I Agree", you agree that Automotive Data Services Pty Ltd (RedBook) will provide you with the web look-up service (Service) on the terms and conditions set out below which, together with the Order Form signed by you, form the agreement between you and Redbook in relation to the Service (Terms).
2. Your rights to use the Service will commence on the date you agree to these Terms and will run for 12 months (unless otherwise set out in the Order Form) unless terminated earlier in accordance with the Terms.
3. You agree to RedBook to pay any fees for access to the Service as set out in the Order Form on the terms set out in the Order Form. This entitles you to 2000 accesses of the Service per annum. RedBook may suspend the Service if you fail to pay any fees within the required time. RedBook may charge interest on any overdue sum payable under the Terms at the rate of 1.5% per month. The Fees are exclusive of GST. In addition to any fees, you must pay to RedBook, at the same time as the fees, all applicable GST on the goods and services to which the fees relate.
4. The information provided to you as a result of your use of this Service is based on data sourced by RedBook from a variety of sources including motor vehicle dealers, motor vehicle manufacturers, private sellers and other suppliers (Information). You should verify the accuracy of any Information before acting in reliance on any of it and you should make your own independent assessment in relation to the suitability of the Information and the fitness of the Information for your purposes.
5. By using this Service you acknowledge that RedBook does not provide any representation or warranty: (i) in relation to the nature, reliability, accuracy, currency or completeness of the Information or the fitness of the Information for any purpose intended by you; or (ii) that the Service will be uninterrupted or error-free.
6. RedBook may update the Information from time to time in its sole discretion. Such updates may appear automatically upon you accessing the Service or may occur by prompts which appear on the computer screen during your use of the Service.
7. RedBook will not provide support for the Service and you are responsible for obtaining and maintaining, at your expense, all computer hardware, software, communication equipment and access lines necessary to access and utilise the Service. RedBook is not and cannot be held responsible for the internet or any telecommunication infrastructures required to access and use the Services and RedBook does not and cannot provide any warranty that the internet, the Service or any telecommunications infrastructure will be continuously available.
8. You will only be entitled to access RedBook has issued you with a password for accessing the Service via the internet. You are responsible for keeping secure and maintaining the confidentiality of this password and will be responsible for all activities and charges resulting from the use of this password to access the Service.
9. RedBook retains full and complete title to the Information and material on this website. You must not, without the prior written approval of RedBook (such approval may be witheld by RedBook in its absolute discretion):
• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, decompile, disassemble or convert any material or Information on this website or knowingly or negligently allow any of the preceding acts to be done to any material or Information on this website by any means or in any form;
• match or combine any material or Information on this website with any other database;
• use or attempt to use any material or Information published on this website to create any website or publication;
• mirror or frame any website or page within this website;
• use any automated process of any sort to query, access or copy any material or Information on this website or generate or compile any document or database based on the material or Information published on this website; or
• transfer or sell any Information, functionality or products or services offered on this website; and
• use the Information in connection with the operation of a service bureau or an application service.
You must ensure that your systems on or through which the Information may be accessed or used do not permit or allow a user of those systems to download or extract any Information using any automated process including report writer downloads or specific systems reports.
You acknowledge that you have none, and will not assert any, intellectual property rights in the Information, apart from the rights granted to you to use the Service under these Terms, and that title to the Information remains vested in RedBook(or any of its licensors). You must not permit any act which infringes these intellectual property rights.
To the full extent permitted by law, RedBook HEREBY EXCLUDES all guarantees, terms, conditions, warranties, undertakings or representations of any kind in relation to the material and Information contained on this website and in relation to your use of the Service.
Without limiting the generality of the previous sentence, RedBook excludes, to the full extent permitted by law, all liability for loss or damage (including indirect or consequential loss or damage such as, without limitation, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use or reliance on the material or Information contained on this website or in any way connected with your use of the Service.
To the extent that any liability of RedBook cannot be excluded, that liability is, to the full extent permitted by law, limited to, at the option of RedBook, any one or more of the following: (i) if the liability relates to goods: (a) the replacement of the goods or the supply of equivalent goods;(b) the repair of the goods; (c) the payment of the costs of replacing or repairing the goods or of acquiring equivalent goods; or (ii) if the liability relates to services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
To the extent permitted by law, the aggregate liability of RedBook for any event or circumstance for which RedBook is liable under or in connection with these Terms whether in contract, tort (including negligence), pursuant to statute or otherwise, shall be limited to the fees payable by you in respect of the 3 months period ending on the date that the event or circumstance giving rise to the liability occurred provided that if the Terms have been in force for a period less than 3 months as at that date, then the liability of Re Book shall be limited to the fees payable by you in respect of this lesser period.
You indemnify RedBook against all losses and liabilities incurred by RedBook including all legal costs (on a solicitor and own client or full indemnity basis whichever is the greater) and other expenses arising, indirectly or directly, as a result of or in connection with your use of the material or Information on this website and your use of the Service.
Either party (Terminating Party) may terminate these Terms by written notice to the other if the other party: (i) commits a breach of these Terms which is incapable of remedy or fails to remedy a breach of these Terms within seven (7) days after notice requiring it to do so; or (ii) ceases to be able to pay its debts as they fall due or becomes the subject of any form of financial or insolvency administration.
RedBook may upon notice in writing to you (such notice to be satisfied by RedBook publishing an amended copy of these Terms on the website). By continuing to use this Service following RedBook posting the amended Terms on the website, you accept these Terms as amended from time to time.
Your right use this Service is automatically and immediately terminated should you breach any of these Terms.
These Terms (including and any Order Form signed by you) represent the entire agreement between you and RedBook on the subject matter of these Terms.
You may not assign or otherwise deal with its rights or obligations under these Terms without the prior written consent of RedBook.
If part or all of any provision of these Terms or its application to any person or circumstance is illegal or unenforceable, the provision will be read down to such extent as may be necessary to ensure that it is not illegal or unenforceable. If any provision or part of it cannot be so read down, the provision or part of it will be severed from these terms and conditions and the remaining provisions of these Terms continue in force.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from the courts of that state in respect of all proceedings arising out of or in relation to these Terms.