Vehicle history report - Terms and Conditions

1. Fees

   1. In consideration of carsales providing you with a vehicle history report, you agree to pay the applicable fees as set out where the report is made available for purchase by you.
   2. carsales reserves the right not to provide a vehicle history report in which case you will be entitled to a refund.

2. Vehicle history report

   1. Your vehicle history report is prepared by carsales using information from the network of websites owned or operated by carsales and its related bodies corporate (carsales Network) such as Automotive Data Services Pty Ltd (RedBook), third parties (including sellers on the carsales Network), some government services, and data submitted by you.
   2. The vehicle history report service does not include an inspection of the vehicle, registration documents or service records.
   3. carsales will provide a vehicle history report based on information available to it as at the time the report is generated. carsales will not provide any updates or revisions to the report after the report has been generated notwithstanding the fact further information may become available.
   4. To the extent of any discrepancy in your vehicle history report, you should revert to the Serial Number Search Certificate from the Personal Property Securities Register (PPSR) provided as part of the vehicle history report.
   5. carsales uses its best efforts to provide correct information in the vehicle history report. You acknowledge and agree that:
      1. where you provide information which is used by carsales in providing the vehicle history report, you warrant that such information is accurate and complete and that you have a right to provide it;
      2. your vehicle history report is intended to be viewed in electronic format. The additional information provided via information buttons and disclaimer links forms an important part of the report and should be read alongside the report;
      3. your vehicle history report is provided as a guide only; is not professional, expert or other advice or a substitute for such advice; may not be appropriate or sufficient for your circumstances; and may not be continually accessible or free from errors or viruses;
      4. your vehicle history report should not be the only information on which you rely to do or not do anything;
      5. the vehicle history report does not confirm whether a seller owns the subject vehicle;
      6. your vehicle history report contains information supplied by third parties (including vehicle make and model) which may not be complete or accurate;
      7. the results of the vehicle history report service may be affected by inaccurate or incomplete information supplied by third parties (e.g. previously advertised odometer readings will only be included in the vehicle history report where the earlier advertisement includes either a VIN, or registration number and state);
      8. your vehicle history report does not represent certain data points that may be available outside the carsales Network (for example, the price at which the same vehicle may have been advertised off the carsales Network, or evidence of an odometer rollback in service records held by the seller). Where your vehicle history report states that there is no record of an event, this does not mean that the event has not occurred, merely that carsales’ data sources contain no record of it; and
      9. to the full extent permitted by law, carsales does not represent or warrant that the information contained in your vehicle history report is reliable, accurate, complete or fit for your purposes, and you should exercise independent judgement and obtain independent advice (where appropriate) to assess the accuracy, reliability and completeness of this information.

3. Intellectual Property

   1. Your vehicle history report is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by carsales. Unless otherwise indicated, the intellectual property in the vehicle history report is owned by or licensed to carsales and is subject to copyright (Copyright Material).
   2. You:
      1. may make and keep one copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth);
      2. may display a current copy with your vehicle advertisement on the carsales Network;
      3. must not sell or otherwise commercialise the Copyright Material; and
      4. must not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

4. carsales’ Liability to You

   1. These Terms do not exclude, restrict or modify any right or remedy conferred on you by an applicable statute (eg the Australian Consumer Law) that cannot be excluded, restricted or modified.
   2. To the extent permitted by law, all implied guarantees and warranties in connection with this service are hereby excluded.
   3. To the full extent permitted by the law, carsales 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, any such liability of carsales is limited to the greater of (i) $1,000 or (ii) 5 times the total fees paid by you to us for the vehicle history report.
   4. To the full extent permitted by law, carsales 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, delay or for any financing costs or increase in operating costs or economic loss.
   5. For the purposes of this clause 4, the term carsales means carsales, its related bodies corporate and their officers, employees, contractors and agents, whether individually or collectively.

5. You indemnify carsales

   1. You indemnify carsales against all loss or damage arising from actions, claims and/or demands (including the cost of defending or settling any actions, claims and demands) which carsales suffers or incurs in connection with a breach by you (or any of your officers, representatives employees or agents) of these Terms except to the extent such loss or damage is caused by carsales’ own acts or omissions.
   2. For the purposes of this clause 5, the term carsales means carsales, its related bodies corporate and their officers, employees, contractors and agents, whether individually or collectively.

6. Privacy

   carsales will collect, hold and disclose your personal information (such as your name, email address and vehicle details) in accordance with the carsales  Privacy Policy

7. Governing law

   This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the non-exclusive jurisdiction of the courts in that State.

8. carsales may change these Terms

   carsales may modify or amend these Terms from time to time. Modifications to these Terms will take effect once displayed on the carsales Network in relation to any new vehicle history reports purchased after the date the Terms are modified and will not affect any accrued rights or obligations under the prior terms and conditions relating to previously purchased reports.

9. Contact carsales

   If you have a question, issue or need to contact us:

   
   Phone:
   13 72 53

   Email:
   customercare@carsales.com.au

   Version 4 (27 November 2023)