Dealer Drive Australia Pty Ltd (ACN 165 751 093) and its related bodies corporate (“Dealer Drive”) operate the website www.dealerdrive.com.au and Dealer Drive’s network of applications and related services (together the "Dealer Drive Network").
By accessing or using the Dealer Drive Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notified to you on the Dealer Drive Network, each as amended from time to time.
1. About the Dealer Drive Network
Dealer Drive publishes or makes available on the Dealer Drive Network information, products and services, vehicle data, valuations, software and other content supplied by Dealer Drive and third parties (“Material”). To the extent permitted by law, Dealer Drive does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on the Dealer Drive Network or on any website that links from the Dealer Drive Network.
2. Personal and non-commercial use only
(a) Unless you have signed commercial terms with Dealer Drive, use of the Dealer Drive 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 the prior written approval of Dealer Drive (such approval not to be unreasonably withheld) do any of the following or authorise a third party to do that thing on your behalf:
(b) “If Dealer Drive reasonably considers that you or any party related to you has acted contrary to these Terms, then Dealer Drive may immediately terminate your right to access and use the Dealer Drive Network and reserves its right to take any action it deems reasonably necessary or desirable to prevent such repeated action.”
3. You are responsible for your use of the Dealer Drive Network
(a) To the extent permitted by law, Dealer Drive does not warrant the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the Dealer Drive Network. You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.
(b) The Material made available on (or via) the Dealer Drive Network is provided as general information only. The Material is not professional, expert or other advice and not a substitute for such advice; 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.
(c) You indemnify Dealer Drive against any liability, loss, claim or demand if Dealer Drive (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs 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 Dealer Drive’s own acts or omissions.
(d) You must keep your username and password to access the Dealer Drive Network secure and confidential and not provide those details to any third party. You accept all liability for any unauthorised use of any username and password issued to you due to no fault of Dealer Drive.
4. Goods and services provided by Dealer Drive
Any goods or services offered by Dealer Drive are subject to additional terms and conditions (including but not limited to the Dealer Drive Business Agreement), which will be notified separately to you where applicable. 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. Dealer Drive’s liability to you is limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all implied warranties and guarantees in respect of any goods or services provided by Dealer Drive 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, Dealer Drive 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, to the extent permitted by law, any such liability of Dealer Drive 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, Dealer Drive 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 or for delay or for any increase in operating costs or economic loss.
(d) For the purposes of this section, the term Dealer Drive means Dealer Drive, its officers, employees, contractors and agents, whether individually or collectively.
(e) This clause will survive any expiry or termination of these Terms.
6. Copyright, trademarks and licence
(a) Material on the Dealer Drive Network is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by Dealer Drive. Unless otherwise indicated on the Dealer Drive Network, the Materials are owned by or licensed to Dealer Drive and are subject to copyright (the "Copyright Material").
(b) You may:
(c) Dealer Drive and other names of Dealer Drive’s products and services are registered or unregistered trade marks of Dealer Drive. Other product and company names mentioned on the Dealer Drive Network may be the trade marks of their respective owners. Nothing displayed on the Dealer Drive Network should be construed as granting you any intellectual property rights including the right to use any trade mark without the relevant owner’s express written consent.
7. Communications Services
(a) Dealer Drive may provide you with the ability to communicate with Dealer Drive and others, including through agreements, online forms, electronic requests and other forms of electronic messaging (“Communications Services”). The Communication Services may also involve certain types of information, documents and materials being transmitted by you or on your behalf via the Dealer Drive Network.
(b) You acknowledge that certain types of Communications Services may be public and not private communications. Dealer Drive may collect, store or scan communications, however you should not rely on it doing so.
(c) Use of the Communications Services is provided on the condition that you do not:
(d) Dealer Drive may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services, acting reasonably. Dealer Drive may also suspend or terminate the use of the Dealer Drive Network of any person reasonably determined by Dealer Drive to be in breach of these Terms.
8. Software services
(a) Any software, including HTML code, that is made available via the Dealer Drive Network ("Software") is owned by Dealer Drive and/or its suppliers.
(b) Your use of the Software is governed by the terms of the applicable services or business agreement, if any, which accompanies or is included with the Software. You must agree to the terms of the applicable services or business agreement before using the Software.
(c) If there is no applicable services or business agreement, Dealer Drive grants you a personal, non-transferable licence to use the Software for viewing and otherwise using the Dealer Drive Network in accordance with these Terms, and for no other purpose. You must not:
9. Redbook and other third party data
(a) Automotive Data Services Pty Ltd (“RedBook”) and other relevant third parties have prepared data and valuations from information gathered from a variety of sources that may be displayed on the Dealer Drive Network. Whilst all care is taken in producing the data and valuations, RedBook (and the other relevant third parties) use third party data sources and, to the extent permitted by law, do not make any representations regarding the accuracy, completeness or fitness for purpose of its data. You should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
(b) Without limiting any other provision in these Terms, Dealer Drive, RedBook and any other relevant third parties are not liable for any loss or damage (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, valuation or data provided by RedBook or any other relevant third party.
10. Dealer Drive and your privacy
11. What law governs these Terms
This Agreement is 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.
12. Amendments to these Terms
(a) Dealer Drive may at any time modify or amend its terms and conditions for its goods or services. Modifications of these Terms (and terms 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 prior terms and conditions.
(b) Dealer Drive may, acting reasonably, cease to provide you with access to the Dealer Drive Network or any of its services without notice.
(c) All rights not expressly granted are reserved.
13. Contact Dealer Drive
If you have a question, issue or need to contact us:
Location: 449 Punt Road, Richmond, VIC 3121
Postal Address: 449 Punt Road, Richmond, VIC 3121
Contact: Attention – Dealer Drive Support Team
Version 2 (November 2023)
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