Terms and Conditions
www.revscheck.com.au (Site) is owned and operated by Digital Tomato Pty Ltd ACN 133 642 001 (we, us) and provides users of the Site (Users) with referrals to companies who provide vehicle information and reports on vehicles registered in Australia (Reports).
Application of Terms
These terms and conditions constitute the terms of use (Terms of Use) and govern your access to, and use of, the Site unless additional specific terms apply. Your use of the Site indicates you accept the Terms of Use. We may change the Terms of Use by publishing those changes on the Site. If you do not agree with the Terms of Use and/or any changes to them that we publish, you must not use the Site.
Privacy Policy Acknowledgement
You agree you have read and understood our Privacy Policy. You must comply with the Privacy Policy (as revised by us from time to time). However, the Privacy Policy does not form part of these Terms of Use. To the extent of any inconsistency, these Terms of Use prevail.
Your use of the Site is evidence of your consent to the collection, storage, use and dissemination or disclosure of any Personal Information (as defined by the Privacy Act 1988 (Cth)) you may provide to us (including name, email address, date of birth, gender and postcode).
Collection and Use of Personal Information for Other Purposes
You agree that we may collect and use your Personal Information as a User and the activities of Users on the Site. We may also collect anonymous of depersonalised information (i.e. information that does not identify a User). We use anonymous and Personal Information about the activities of individual Users of the Site by tracking their username (Collected Information). The Collected Information (all or some of it) may be used for marketing purposes. Where that occurs, the Collected Information will be disclosed to our corporate partners, who may contact you about goods and services that maybe of interest to you.
You expressly agree that:
(a) we can use the Collected Information for our own statistical analysis purposes, such as to assist us enhance the functionality of the Site; and
(b) we can use and disclose your Personal Information to contact you about other goods and services that are available from us or any of our corporate partners.
Ownership of Content on the Site
You acknowledge that all materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks (including the word "revs.com.au") on the Site (Content) are owned by us or licensed to us and are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. You must not use, adapt, modify, reproduce, store, distribute, print, display, publish, create derivative works, download onto a computer, upload to a third party, post, transmit or distribute the Content.
Even if Content is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not a grant of permission to modify that Content unless expressly noted at the time of delivery.
Access to the Site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of the Content without modification solely for your own personal use, information, research or study.
You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by these Terms.
You must take your own precautions to ensure your use of the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your use of the Site.
Availability
You acknowledge that the Site is supplied online over communications links and other networks, and that the availability of the Site rely on the availability of those links and networks. We will take reasonable steps to ensure that the Site is available, but we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that the Site will be continuously available.
Procedures
You agree to comply with these Terms and follow any procedures and other instructions we provide when you use the Site. You agree to keep any user name, password or other identifier we give you for the Site confidential and secure. You agree that any Identifier will not be transferred or disclosed to any third party and you will tell us if it is no longer required. You are responsible for all use of any Identifier and any liability that is incurred or arises through use of your Identifier. If we ask you to, you agree to stop using an Identifier or use a replacement Identifier we give you.
Disclaimer
The Site may contain links to third party sites which in turn may contain hyperlinks to further third party sites (collectively Linked Sites). These are provided for your convenience only. You acknowledge that Linked Sites are not under our control and we are not responsible for the content of any of them. The inclusion of any link does not imply any endorsement of the link by us.
You acknowledge that we source information from third parties. You understand that you are responsible for assessing the value of the information we provide you, and for the decisions that you make, regardless of whether you base them on the information we supply.
Warranties and Limitations on Liability
Where and to the extent that the Trade Practices Act 1974 (Cth) and similar State legislation imply warranties and govern permitted limitations of liability under these Terms of Use, nothing in these Terms of Use operates to exclude them. Accordingly, the following exclusions and limitations only apply to the extent permitted by applicable law.
We exclude all express or implied representations, conditions, warranties and terms relating to the use of the Site except those set out in these Terms of Use.
We are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) however liability arises or might arise if it were not for this clause. This exclusion does not apply to anything the law prohibits us excluding liability for.
Our total liability to you for loss or damage you suffer or incur as a result of your use of the Site is limited to us re-supplying the Site to you.
Termination
We may terminate your access to this Site at any time without reason and without notice. The Terms of Use survive any such termination.
Governing Law
The Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
