Safe Cars
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Safe Cars website Terms of Use

The Safe Cars website (“the website”) is created and developed by the State of Queensland acting through the Department of Transport and Main Roads ("TMR").

  1. Your use of the website
    • You acknowledge and agree:
      • to only use the website to obtain information about motor vehicle safety and price ranges of new and used car makes, models and variants in order to assist you to decide on the purchase of a safe and affordable motor vehicle ("the intended purpose");
      • not to attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, material or data and information made available or accessible on the website; and
      • the website is provided free of charge and use of the website for commercial gain is strictly prohibited.
  2. Data charges and access
    • The website requires a functional internet data connection for use.
    • TMR disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.
  3. Intellectual property
    • You do not own the website or any data and information that is provided to you through the website.
    • Using the website does not, and is not intended to, grant you any interest or right with respect to any intellectual property in the website, associated services or any information or data.
    • Subject to any third party rights, TMR reserves all its rights in the intellectual property in the website and the information and data on or generated or produced by the website, including without limitation, copyright, trademarks and designs.
  4. Third party data and disclaimer
    • You acknowledge and agree that the website contains data and information licensed and provided to TMR by third parties for use on the website including by Automotive Data Services Pty Ltd (“RedBook”).
    • TMR receives third party data and information in accordance with the terms of third party licences including in accordance with the frequency of updates to that third party data and information as provided by third parties to TMR.
    • TMR does not assess, verify, edit, update or otherwise deal with third party data and information other than to make it available on the website in combination with other third party data and information for the convenience of users for the intended purpose.
    • TMR will seek to make available updated third party data and information as soon as practicable after it is received by TMR from third parties.
    • You agree to comply with the terms of use prescribed by third parties in relation to their third party data and information and acknowledge that you will use the third party data and information subject to third party terms and disclaimers including:
      1. the following RedBook terms and disclaimer:
        1. Data and Valuations Disclaimer
          “Automotive Data Services Pty Ltd (RedBook) has prepared this data and valuation from information gathered from a variety of third-party sources. Whilst all reasonable 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 any of the information provided to you 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.”
        2. Personal and Non Commercial Use Only
          “Data and valuations on this website are provided for your personal and non-commercial use only. You must not, without the written approval of the Website owner:
          • modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any data and valuations from this website;
          • use or attempt to use any data and valuations published on this website to create any web site or publication;
          • mirror or frame any data and valuations published within this website;
          • use any automated process of any sort to query, access or copy any data and valuations on this website or generate or compile any document or database based on the data and valuations published on this website; or
          • transfer or sell any data and valuations offered on this website.

          The website owner may terminate your right to access and use this website at any time.”

          The Licensee acknowledges that it will use the Information subject to the terms of the above disclaimer and notice.

      2. the following other third party terms and disclaimers:
        • While every effort has been made to ensure that information as incorporated in the website is free from material error, the information may not be accurate or up to date in all respects and no warranty is given as to the accuracy and completeness of the information as so incorporated.
        • The website may contain links to third party websites provided only for your convenience for reference purposes. The relevant third party and TMR each disclaims any liability for any loss or damage resulting from your use of the contents of any such third party website.
        • To the fullest extent permitted by law, the relevant third party and TMR and each of them accept no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation contained in the information accessed through the use of the website.
        • Your use of the website is entirely at your own risk. You are responsible for ensuring that your access to and use of information accessed through your use of the website is lawful and not prohibited by laws applicable to you.
        • The third party and TMR and each of them do not warrant or represent that a safety rated vehicle with an allocated star rating will protect the driver and any passengers in all or any crashes or collisions or that it will do so to any extent that may be inferred from the number of stars allocated to it in any safety rating to which you may have access through your use of the website.
        • You are advised that it is not appropriate to compare safety ratings accessed through the website across different categories of vehicle, in particular where there exists a disparity in weight between the vehicles compared.
  5. No warranty
    • The website is provided 'as is' and TMR does not expressly or impliedly warrant that the website is fit for any particular purpose, including the intended purpose.
    • TMR does not warrant:
      • the accuracy, reliability, currency, adequacy or completeness of the website or the data and information it contains or provides (including third party data and information available on the website);
      • that the website (including data and information) will be error or omission free or available for use at any particular time without interruption;
      • that the website (including data and information) will meet your requirements or apply to your circumstances;
      • that any website including any third party website is free from any viruses or malicious software or code which may be transmitted to a mobile device in connection with the use of the website; and
      • anything in connection with the website which is not warranted by a third party providing third party data and information for the website.
    • Your access to and use of the website is entirely at your risk. If you have any concerns in relation to the data and information provided on the website or in relation to any particular motor vehicle, you should make further enquiries and seek independent advice specific to your circumstances.
    • The information available by use of the website is for general information purposes only and should not be relied upon as advice or any recommendation including in relation to the safety, condition, quality and soundness of any particular motor vehicle.
    • It is your responsibly to undertake all inspections and enquiries necessary in relation to any particular motor vehicle you may intend to purchase to satisfy yourself of the safety, condition, quality and soundness of that particular motor vehicle.
  6. Limitation of liability and indemnity
    • To the maximum extent permitted by law, TMR disclaims and excludes all liability for any claim, liability, loss (including loss of profit, revenue, goodwill or business opportunities, damage to reputation and any indirect or consequential loss), damage or expense of any kind, however caused (including by negligence), arising out of or in connection with the website including its download, installation and use.
    • Nothing in these conditions of use should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any enactment in lieu thereof (ACL), or the right of you to make a claim in respect of any guarantees, or under any other provision, stated in the ACL. To the fullest extent permitted by law, TMR's liability for breach of any rights you might have which are not able to be excluded under the ACL will be limited to the supplying of the service again.
    • You hereby release discharge, indemnify and hold harmless TMR and each of its officers and employees from and against any claim (including by you) which may be brought against or made upon or incurred by any of them in connection with:
      • your use of the website (whether or not that use is for the intended purpose);
      • your breach of these conditions of use;
      • a breach of any law associated with the use of the website (including data and information); or
      • your infringement of the intellectual property rights or moral rights of any third party.
  7. Updates & availability
    • From time-to-time, TMR may issue updates to the website and the continued functionality of the website may depend on you downloading the relevant update.
  8. Support & communications
    • If you have any questions or comments concerning the website, please contact us and TMR will endeavour to respond to you as soon as possible.
  9. Severability
    • If any part of these conditions of use are determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, they will be severed from the rest of the conditions of use and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.
  10. Governing law
    • These conditions of use are governed by and construed in accordance with the laws of Queensland and the in the event a dispute arises from these conditions of use you submit to the non-exclusive jurisdiction of the courts of Queensland.
  11. Privacy
    • TMR abides by the Information Privacy Act 2009 when managing personal information. Although TMR does not collect any identifiable information from you, TMR may, from time-to-time, record information about your use of the website and to help improve the website and TMR services more generally. This information may include:
      • when and how the website is used;
      • the website pages accessed and the types of functions used; and
      • your device type.
    • TMR (and its contractors) may use the information recorded about your use of the website to improve the website and TMR services more generally.
    • Unless otherwise stated in these conditions of use, the website will not collect your personal information and no attempt will be made to identify you or your activities, unless TMR is required by law to do so.