WELCOME TO THE LOOKUP WEBSITE OF
AUTOMOTIVE DATA SERVICES PTY LTD (REDBOOK)
PERMISSION TO ACCESS THE LOOKUP WEBSITE IS CONDITIONAL ON YOU AGREEING TO THE TERMS AND CONDITIONS SET OUT BELOW. DO NOT CLICK ON THE "I AGREE" BUTTON UNTIL YOU HAVE READ AND ACCEPTED ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU ACCEPT, YOU WILL BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT CLICK ON THE "I AGREE" BUTTON.
DEFINITIONS used in this agreement:
"Information" means all information contained on the Lookup website relating to the description and identification of motor vehicles, the estimated wholesale and retail value of motor vehicles and estimated future values of these motor vehicles (when new).
"Intellectual Property Rights" means
(a) all rights arising under the Copyright Act (1968);
(a) all rights arising under the Circuit Layouts Act 1989;
(b) all patents and patent applications within the meaning of the Patents Act (1990);
(c) all registered designs and applications for registered designs within the meaning of the Designs Act (1906); and
(d) all registered and unregistered trade marks, applications for registration within the meaning of the Trade Marks Act (1995) and any other names or logos or devices;
and all neighbouring rights.
"Term" means 12 months.
1.1 This is a licence. It gives you certain limited rights to use the Information on a non-exclusive, non-transferable basis. You do not become the owner of the Information and Red Book retains title to, all of the Information and any images incorporated in, or generated by the Lookup website and all accompanying data.
1.2 Except to the extent specified to the contrary in these terms and conditions, Red Book is not required to support the Information or the Lookup website, whether by providing advice, training or error-correction or other support. 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 Information.
1.3 Red Book has issued you with a password for accessing the Information via the internet. You are responsible for maintaining the confidentiality of this password and will be responsible for all activities and charges resulting from the use of this password.
1.4 One license entitles the user to 2,000 accesses per annum.
1.5 Red Book may add, or revise any aspect of the Information.
2. LICENCE CONDITIONS
2.1 The Information may only be accessed or used pursuant to this Agreement.
2.2 You must not lend, lease, distribute or in any other way provide the Information to any third party.
2.3 You will ensure that the Information is viewed and presented by you in the same manner as it was supplied by Red Book including all copyright, trade mark and other notices, and disclaimers.
2.4 During the term of this Agreement, Red Book may update the Information from time to time in its sole discretion. Such updates may appear automatically upon you accessing the Information or may occur by prompts which appear on the computer screen during access to the Information.
2.5 The terms of this Agreement will apply to all updates.
3. LICENCE FEE
You must pay the licence fee agreed between you and Red Book.
You must not modify or alter the Information without Red Book's written consent unless otherwise provided by the Copyright Act 1968 (C'lth).
5. REVERSE ENGINEERING
Except to the extent permitted by the Copyright Act 1968 (C'lth), you must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Information.
6.1 You are responsible for the supervision, management and control of the Information.
6.2 You must use reasonable endeavours to ensure that the Information is protected at all times during this Agreement from unauthorised access or use by a third party and from physical misuse, damage or destruction by any person.
6.3 You must not create a text link to the Lookup website.
7. RISK AND TITLE
You do not acquire any rights in connection with the Information other than those specified in this Agreement.
8. INTELLECTUAL PROPERTY RIGHTS:
All copyright subsisting under the Copyright Act 1968 (C'lth) resides with the Red Book. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (C'lth), no part may be reproduced, copied or transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written consent of the Red Book. Any copying for fair dealing that is permitted under the Copyright Act 1968 (C'lth), shall include a statement that the work is copyright owned by Automotive Data Services Pty Ltd. You acknowledge that the Information is the subject of copyright. You must not permit any act which infringes the copyright.
9. LIMITATION OF LIABILITY:
9.1 Red Book has provided the Information in good faith. Red Book does not represent or warrant that the Information is reliable, accurate or complete, or that the service will be uninterrupted or error-free.
9.2 All terms, conditions, warranties, undertakings or representations of any kind in relation to the Information are, to the fullest extent permitted by law, excluded. Without limiting the generality of the previous sentence, Red Book excludes all liability (other than liability which may not be lawfully excluded) 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 Information.
9.3 If any Act, whether State or Commonwealth, implies in relation to the Information any term, condition or warranty and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term, condition or warranty, that term, condition or warranty shall be deemed to be included in the terms of your use of the Information provided that the liability of Red Book for a breach of the applicable term, condition or warranty (other than a warranty implied by section 69 of the Trade Practices Act 1974 (C'lth) or any corresponding provision of any State Act) is limited to, at the option of Red Book, any one or more of the following:
(1) If the breach relates to goods:
(a) The replacement of the goods or the supply of equivalent goods; or
(b) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(2) If the breach relates to services:
(a) The supplying of the services again; or
(b) The payment of the cost of having the services supplied again.
You indemnify Red Book against all losses and liabilities incurred by Red Book 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 Information or arising directly or indirectly as a result of, or in connection with a breach by you of these terms and conditions whether express or implied.
This agreement terminates when you fail to renew your subscription. If you breach this agreement, the Red Book may terminate this licence immediately by notifying you in writing.
12. ENTIRE AGREEMENT:
These terms and conditions represent the entire agreement between you and Red Book on the subject matter of these terms and conditions.