Please read these terms carefully before using our services
A Cognition IO Pty Ltd ABN 95 622 258 888 trading as MotorRegistry (MotorRegistry) has developed and operates the website www.motorregistry.com.au (the Website) that enables users to access and download motor vehicle history reports.
B By accessing and using the Website, or by using any other marketing materials (such as information sheets or guides) MotorRegistry makes available to you through the Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from accessing and using the Website.
C MotorRegistry does not guarantee that the Website, or any content on it, will always be available, uninterrupted or be error-free. MotorRegistry may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
D All information and content published on the Website is intended to provide general information only, current at the time of first publication. Any information and content published on the Website does not constitute legal, financial, or professional advice and should not be relied upon as advice. You acknowledge that you should obtain independent professional advice specific to your circumstances before making any decisions based on information and content published on the Website.
E All materials published on the Website (including text, graphics, logos, icons, and sound recordings) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by MotorRegistry.
F Except to the extent permitted by law or consented to in writing by MotorRegistry, you may only access and use materials published on the Website for non-commercial or personal use. You must not use the Website:
G Without limiting any other provisions of these terms and conditions, by accessing and using the Website you must not:
H All information and content published on the Website is provided on an "as is" and "as available" basis.
I MotorRegistry does not guarantee that the Website will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access the Website and you should use your own antivirus software.
J To the extent permitted by law, MotorRegistry makes no warranties or representations about the Website or any information or content published on the Website, and MotorRegistry will not be responsible or liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive loss, damage, or expenses of any kind suffered in connection with the access or use of the Website, including but not limited to loss of profits, loss of data, business interruption, or loss of business opportunity.
K To the extent permitted by law:
L The Website may contain links to other websites or platforms operated by third parties. Those links may not remain current or be maintained. Unless expressly stated otherwise, MotorRegistry does not endorse and is not responsible or liable for the content on those linked websites and platforms, or any loss you may suffer on those linked websites and platforms, and have no control over or rights in those linked websites and platforms.
M You must not:
N The Website must not be framed or mirrored on any other website or platform.
O You acknowledge and agree that MotorRegistry may collect, use, store, and disclose personal information through your access and use of the Website, including through the use of 'cookies' or similar tracking technologies embedded within the Website. All personal information collected through the Website will be handled by MotorRegistry in accordance with its Privacy Policy available on the Website and the Privacy Act 1988 (Cth). MotorRegistry may amend its Privacy Policy at any time, and the current version will be available on the Website. Your continued use of the Website after any changes to the Privacy Policy constitutes acceptance of those changes.
P To the extent permitted by law, MotorRegistry will have the exclusive right to collect, use, analyse, and exploit all information submitted or processed through the Website and other information relating to the provision, use and performance of various aspects of the Website and related systems and technologies (including, without limitation, information concerning data and data derived therefrom) (the Service Generated Data). You hereby assign to MotorRegistry all right, title, and interest in and to the Service Generated Data. MotorRegistry will be free to (i) use such Service Generated Data to improve and enhance the Website and for other development, diagnostic, corrective, and commercial purposes in connection with the Website or MotorRegistry's business, and (ii) disclose such Service Generated Data in aggregate, de-identified, or anonymised form in connection with its business, and (iii) create derivative works from such Service Generated Data.
Q MotorRegistry reserves the right to update, modify, or replace the Website and these terms and conditions at any time in its sole discretion. MotorRegistry will notify you of material changes to these terms and conditions by posting the updated terms on the Website with a revised effective date. Your continued use of the Website after the effective date of any changes constitutes your binding acceptance of the modified terms. If you do not agree to the modified terms, you must immediately cease using the Website.
R These terms and conditions are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
S All purchases made through the Website are subject to MotorRegistry's Terms and Conditions of Sale.
1.1 These terms and conditions apply to any purchase of a vehicle history report (Report) through the website www.motorregistry.com.au (the Website) owned and operated by Cognition IO Pty Ltd ABN 95 622 258 888 trading as MotorRegistry (MotorRegistry).
1.2 By ordering a Report through the Website, you acknowledge and agree that your purchase is subject to these terms and conditions of sale (the Agreement). Your order constitutes an offer to purchase the Report which MotorRegistry may accept or reject in its sole discretion. A binding contract is formed only when MotorRegistry sends you an email confirming that your order has been accepted and is being processed, following successful payment processing. MotorRegistry reserves the right to refuse any order for any reason.
1.3 This Agreement and any purchase order form completed through the Website constitutes the entire agreement between MotorRegistry and you in respect of your purchase of the Report and supersedes all other negotiations, agreements or understandings whether written or oral relating to the supply of the Report.
1.4 By submitting an order to purchase a Report using the Website's functionality you represent and confirm that you are authorised to use the debit or credit card, linked bank account and/or payment provider account included in your order.
2.1 Nothing in this Agreement will assign or transfer any Intellectual Property Rights in the Report from MotorRegistry to you.
2.2 Subject to you complying with the terms of this Agreement and payment of all applicable Fees in full and on time, MotorRegistry grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the Report solely for the Approved Purpose (the Report Licence). This licence may be revoked immediately by MotorRegistry without notice if you breach any term of this Agreement.
2.3 You must not use, store, market, licence, resell or deal with the Report other than in strict accordance with the terms of this Agreement.
2.4 You must not use the Report:
2.5 You must not:
3.1 You must pay to MotorRegistry the fee specified on the Website for the Report (Fees) in consideration for MotorRegistry granting the Report Licence to you, and making a copy of the Report available to you.
3.2 The Fees are exclusive of all applicable taxes (including GST). You must pay the amount of GST specified pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.1 MotorRegistry reserves the right to cancel your order for any reason, and may notify you of this. Where payment has already been debited, the full amount will be credited back to your original method of payment within 14 business days of the date MotorRegistry cancels your order.
4.2 If MotorRegistry identifies a genuine error or inaccuracy in the price at which your order was purchased (including any third party fees if applicable), MotorRegistry will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment within 14 business days of the date your order is cancelled.
5.1 Clauses 5.2 to 5.6 apply if you are a 'consumer' as defined by the Competition and Consumer Act 2010 (Cth) (the ACL).
5.2 The Report and any services provided by MotorRegistry come with guarantees that cannot be excluded under the ACL.
5.3 For a major failure with any goods, you are entitled to choose a refund or replacement for major failures with goods.
5.4 For a major failure with any service, you are entitled to cancel the service and a refund for the unused portion of the service fee, or compensation for its reduced value.
5.5 If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the defective goods and to cancel the contract for the service and obtain a refund for the unused portion of the service fee.
5.6 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
5.7 By purchasing and using the Report you acknowledge and agree that:
5.8 The Report is published and made available to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using the Report, and access and use of the Report is at your sole risk.
5.9 MotorRegistry excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to MotorRegistry that are not expressly set out in this Agreement to the maximum extent permitted by law.
5.10 To the extent any rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Report cannot be excluded by the law (the Implied Warranties), MotorRegistry's liability to you for any breach of the Implied Warranties will be limited to the value of the Fees paid by you in relation to the purchase of the Report.
6.1 The Report may incorporate data provided by Automotive Data Services Pty Ltd (RedBook).
6.2 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.
6.3 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.
6.4 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.
7.1 To the extent permitted by law, you release and indemnify the MotorRegistry Indemnified Parties from all Claims and Losses arising directly or indirectly out of or in connection with:
7.2 Notwithstanding any other provision in this Agreement, and except to the extent that liability cannot be limited or excluded by law:
8.1 You acknowledge and agree that:
8.2 Without the prior written consent of MotorRegistry, you must not:
9.1 In this Agreement, unless stated otherwise:
Approved Purpose means personal, non-commercial use by the customer for their own information and decision-making purposes in relation to motor vehicle transactions, and does not include any commercial exploitation, resale, or use for the benefit of third parties.
Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement.
Consequential Loss means any special, indirect or consequential loss, damage, or expense arising under or in connection with this Agreement, including any:
Intellectual Property Rights means:
Loss means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, and includes:
MotorRegistry Indemnified Parties means MotorRegistry, its Related Bodies Corporate, and each of their officers, employees, contractors, and agents.
MotorRegistry IP means all Intellectual Property Rights owned by or licensed to MotorRegistry, or developed or improved by MotorRegistry, whether in connection with the Report or otherwise and whether existing before or after the date of this Agreement.
Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
10.1 Remedies: Except as provided otherwise in this Agreement, all remedies provided in accordance with this Agreement are cumulative and are in addition to any and all other legal rights of the parties not expressly excluded hereunder.
10.2 Assignment: You must not assign this Agreement or any rights or obligations under this Agreement, in whole or in part, without the prior written consent of MotorRegistry (such consent not to be unreasonably withheld or delayed). Any such attempt to assign without written consent will be null and void and entitles MotorRegistry to terminate this Agreement and the rights granted to you under it with immediate effect. Subject to the above, this Agreement will be binding upon and operate to the benefit of the successors and permitted assigns of the parties. MotorRegistry may assign this Agreement without your consent.
10.3 Waivers and variations: No failure on the part of either party to exercise any right, power or privilege under this Agreement will operate as a waiver or prevent or restrict any further or other exercise of that or any other right or remedy in accordance with this Agreement. No waiver or variation of any of the provisions will be effective unless in writing and signed by the party charged with such waiver.
10.4 Applicable Law: This Agreement will be interpreted in accordance with and governed by the laws of the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
10.5 Amendment: This Agreement may be modified or amended only by a written agreement of both parties.
10.6 Invalidity: If any provision or part of a provision of this Agreement is held invalid, illegal or unenforceable under any law, rule, order or regulation of any government, such provision shall be severed from this Agreement to the minimum extent necessary to make it valid and enforceable, and if such severance is not possible, the provision shall be severed entirely. The remaining provisions shall continue in full force and effect.