Vehicle Report Terms and Conditions

 

VicRoads allows its customers and partners to purchase a report containing comprehensive information about a vehicle (Report) for the purposes of informing an individual’s decision about the purchase of that vehicle. 

By purchasing a Report, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions as updated from time to time.  If you do not agree to these Terms and Conditions, or any changes to them, please do not purchase a Report.

VicRoads means, for the purposes of this Agreement, R&L Services Victoria Pty Ltd (ABN 28 657 005 493) as trustee for the Victorian R&L Services Trust (ABN 96 342 123 072). For the avoidance of doubt, this entity is the joint venture operator of registration, licensing, custom plate and other approved matters and is not the State of Victoria.

1. Who do the Terms and Conditions apply to?

These Terms and Conditions apply to:

(a) an individual who purchases a Report (or obtains a Report purchased by a third party); and
(b) any entity or organisation that purchases a Report,

each being referred to as 'you' or 'your' in these Terms and Conditions.

2. Purchase and use of Report

2.1  VicRoads will only provide the Report to you once your payment of the applicable fee has been successfully processed. 

2.2  You acknowledge that the Report will be issued to the email address that you provide to VicRoads. It is your responsibility to verify that your email address all other transaction details are correct before you complete the transaction. 

2.3  The information contained in a Report is derived from a combination of VicRoads records (for example, information received from past and present registered operators, police, interstate road and traffic authorities) and third-party sources, including the Personal Property Securities Register (PPSR) and Automotive Data Services Pty Ltd (Redbook). Information obtained from third parties may also be subject to the terms and conditions of those parties.

3. Ownership of Report

All intellectual property rights in any text, images, information, or other data contained in a Report is owned by us (Our Content) or our third-party licensors. You acknowledge and agree that you do not acquire any ownership rights whatsoever in Our Content by purchasing a Report. All rights not expressly granted in these Terms are reserved.

4. Use of Report

4.1 By purchasing a Report, VicRoads grants you the right to download information from a Report and print out that information, and to use the Report but only for:

(a) your own private use for the purpose of informing a decision about the purchase by you or from you of the relevant vehicle; or 
(b) for your internal business operations, to the extent they relate to facilitating the purchase of the relevant vehicle by you or your customer. For example a small business may make a decision to buy a vehicle and a second hand motor dealer may pass the Report to a potential buyer to make a decision to buy a vehicle. 

4.2 No part of a Report may otherwise be reproduced, copied, published, or framed without the prior written consent of VicRoads. Without limiting the previous sentence, you must not:

(a) use or apply any material or information contained in a Report for commercial purposes or for any other purpose that could reasonably be expected to cause detriment to VicRoads;
(b) use or apply any material or information contained in a Report in a manner that interferes with the privacy of any individual;
(c) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from, sell, re-sell or otherwise exploit any information or material contained in a Report;
(d) alter, decompile, disassemble, reverse engineer or modify any material or information contained in a Report; 
(e) purchase a Report if you are directly or indirectly involved (in any capacity) in the operations of a service that competes with any of our products or services; or
(f) access this website and services in any way that could impact or disrupt the service, or lead to unauthorised disclosure of information. This includes data mining activity via software or other automatic devices to access, monitor or copy this service or its contents without written permission to do so by VicRoads.

5. Additional terms for businesses

5.1 If you purchase a Report on behalf of an organisation:

(a) you warrant that you have the authority of any entity you represent to purchase the Report on its behalf and to legally bind it to these Terms and Conditions.  
(b) you must inform any entity you represent of these Terms and Conditions and its responsibilities under these Terms and Conditions; and
(c) you, and any entity you represent, must comply with all directions and requirements of VicRoads in relation to the purchase.

5.2 If an organisation obtains a Report, it must notify any third party to whom it provides the Report that their use of the Report is subject to these Terms and Conditions.

6.1 Your access to this website depends on telecommunications and internet service providers and other external factors and VicRoads does not guarantee the availability of the site at all times or at any specific times. Notices regarding planned system outages will be made available on VicRoads' website.

6.2 While VicRoads will take all reasonable precautions to ensure that the site is secure, no data transmission over the internet can be guaranteed as totally secure. Accordingly, VicRoads cannot ensure the security of any information you transmit to or from the site, and you do so at your own risk.

6.3 While VicRoads has used reasonable endeavours to ensure that the site is virus free, VicRoads denies liability (to the maximum extent allowed by law) for any virus-related damage or loss resulting from your interactions with the site.

7. Your information

7.1 You agree to provide true and correct information through the website and you declare that all information you provide is true and correct.Providing false and/or misleading information or documents is a serious offence under the Road Safety Act 1986 and/or Marine Safety Act 2010 and can result in you being fined or imprisoned.Any authority or approval, given as a result of you providing such information/documents, may have no effect.

7.2 VicRoads will not be liable to you or any other person for any claim, loss, liability, damages or expense suffered or incurred as a result of the inaccuracy or incompleteness of any information provided by you or for any action taken by VicRoads in reliance on that information.

8. Disclaimer of warranties and representations

8.1 Information in a Report is provided without liability and without responsibility for its accuracy.

(a) VicRoads accepts no liability for any loss or damage incurred by anyone relying on information in this Report (including a statement that no information is recorded or that a vehicle is not recorded as stolen) or on the absence of information about any matter.

(b) The Report is based on information that VicRoads has collected from vehicle owners, insurers, and other third parties, including state government databases from the Department of Transport and Planning (DTP), the Personal Property Securities Register. The accuracy, completeness and currency of the Report depends upon the accuracy, completeness and currency of the information provided by those third parties.

(c) Neither VicRoads nor the DTP independently verify any information included in the Report and makes no representation or warranty as to the accuracy, currency, completeness or reliability of such information. Similarly, while third party providers take care, they do not guarantee or make any representations regarding the information contained in the Report.

(d) Where Redbook data is used, Automotive Data Services Pty Ltd (RedBook) prepared data and valuation from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, RedBook cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

8.2  Except as required by law, VicRoads gives no express or implied warranties or guarantees, and makes no representations, in relation to your purchase or use of a Report.In particular, VicRoads does not warrant or represent:

(a) your system will meet the minimum requirements to enable your use of a Report;
(b) information contained in the Report is accurate, complete or suitable for any purpose;
(c) the VicRoads website is free from any computer viruses or defects; or
(d) your access to the VicRoads website or any services will be continuous or uninterrupted.

9. Liability of VicRoads

9.1 If any legislation implies or applies in these Terms of Conditions any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition, warranty or guarantee, the condition, warranty or guarantee is deemed to be included in these Terms and Conditions. However, to the extent permitted by law, VicRoads' liability for failure to comply with any such condition, warranty or guarantee is limited to the replacement of the Report.

9.2 Except as specified in this section, to the extent permitted by law, under no circumstances will VicRoads be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any consequential, indirect or incidental damages) suffered or incurred under or in connection with these Terms and Conditions or any access to or use of a Report, regardless of how they arise (whether by negligence or otherwise).

10. Indemnity

10.1 You indemnify VicRoads in relation to all loss and damage which is suffered (including but not limited to indirect or consequential loss) by VicRoads as a direct or indirect result of you acting inconsistently with or breaching any part of these Terms and Conditions.

These Terms and Conditions are intended to be legally binding on the parties and are governed by the laws of Victoria. The parties submit to the jurisdiction of the courts of Victoria.

12. Changes to these Terms and Conditions

12.1 VicRoads may amend these Terms and Conditions from time to time by posting the amended version on VicRoads website. 

12.2 If any part of these Terms and Conditions is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

13. Accessibility of this website

13.1 We are working towards compliance with Level A and Level AA checkpoints of the W3C Web Content Accessibility Guidelines. We welcome any feedback you might like to give us especially where you feel we are not compliant or could provide better accessibility.

13.2 If you would like us to send you a printed copy of any document on this site, please contact us to request it from the relevant area within VicRoads.

14.1 VicRoads is supplying the Services. For the avoidance of doubt, the Services are not supplied by or on behalf of the State of Victoria.VicRoads’ related bodies corporate are each a third party beneficiary to these Terms and Conditions, and are each entitled to the rights and benefits of these Terms and Conditions, and to enforce these Terms and Conditions, as though each were party to these Terms and Conditions.