Terms of Use

Dealer Drive Terms of Use

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:

modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material to create any website, publication or searchable database;
mirror or frame any website or Material from the Dealer Drive Network;
use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
publish, transfer or sell any Material, information or functionality derived from the Dealer Drive Network; or
undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.

(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:

only copy or reproduce the Copyright Material for the purpose of browsing the Dealer Drive Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(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.

(d) In consideration of Dealer Drive allowing you to access and use the Dealer Drive Network, you grant to Dealer Drive a non-exclusive, payment free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via the Dealer Drive Network for such purposes as Dealer Drive reasonably determines from time to time (subject to Dealer Drive’s Privacy Policy). You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third-party rights. To the extent permitted by law, you agree to Dealer Drive taking any actions that may otherwise infringe your moral rights in relation to the material.

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.

transmit any information or material which is incorrect, misleading or deceptive;
transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Dealer Drive to be inappropriate;
transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
use the Communications Services for any unlawful purpose;
post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another user's computer or damage any of the Dealer Drive Network’s infrastructure;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Dealer Drive;
download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;
excessively use the Communications Services in a manner which may hinder or prevent Dealer Drive from providing services to any other person or which may threaten the integrity or use by any person of the Dealer Drive Network; or
authorise, aid, abet encourage or incite any person to do any of the above acts.

(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:

copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

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

By using the Dealer Drive Network, you agree to the Dealer Drive Privacy Policy which sets out how Dealer Drive collects, uses and discloses your personal information. To the extent that you provide us with any personal information, we will at all times handle and use it in accordance with any applicable privacy laws and the Privacy Policy.

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.

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

Email: support@dealerdrive.com.au

Version 2 (November 2023)