Welcome to carsDNA.com!
carsDNA.com provides online vehicle history reports for informational purposes.
Our reports are generated using data obtained from Third-Party Data and are designed to assist users by providing general vehicle information. carsDNA.com does not provide legal, financial or purchasing advice, and reports should not be relied upon as a substitute for independent enquiries.
These Terms and Conditions apply to your access to and use of the carsDNA.com Website and the purchase of any digital vehicle history reports made available through our platform.
Terms and Conditions
Asset Security Search Pty Ltd ABN 20 672 024 029 (trading as carsDNA.com) (‘us’, ‘we’, ‘ours’) owns and operates the carsDNA.com Website and related services.
In these Terms, “you” means any person who accesses the Website or purchases a Report.
Access to the Website is free of charge. Fees apply to the purchase of vehicle history reports and must be paid at the time of purchase. All prices are displayed prior to checkout.
By accessing our Website or purchasing a Report, you agree to be bound by these Terms and Conditions.
Definitions
1. In these Terms and Conditions (the ‘Terms’), unless the context otherwise requires:
(a) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
(b) Intellectual Property means all present and future intellectual property rights, including copyright, database rights, trade marks, designs and confidential information (to the extent protectable as IP);
(c) Personal Information has the meaning given in the Privacy Act 1988 (Cth);
(d) Privacy Policy means the privacy policy published on the Website from time to time;
(e) Report means a digital vehicle history report made available through the Website;
(f) Services means the provision of vehicle history reports and related services through the Website; and
(g) Third-Party Data means data or information obtained from third-party data providers and used in the preparation of Reports.
(h) Website means the carsDNA.com website at https://www.carsDNA.com
Using our Website
2. These Terms apply to your access to and use of the Website, and to any materials, content, Reports, information or Services made available by us through the Website from time to time.
3. By accessing the Website, purchasing a Report or otherwise using our Services, you confirm that you have read and agree to be bound by these Terms and that you are at least 18 years of age.
4. We may suspend or terminate your access to the Website or our Services immediately if:
- you breach these Terms;
- you misuse the Website or any vehicle data or Reports;
- you engage in fraudulent, unlawful or unauthorised activity; or
- continued access may expose us to legal, regulatory or commercial risk.
5. Suspension or termination under this clause is without prejudice to any other rights or remedies available to us under these Terms or at law.
Personal Information collection and purpose
6. When you access our Website or purchase a Report, we may collect Personal Information about you, such as your name, email address, contact details, payment information and vehicle-related information. If you do not provide the Personal Information we request, we may be unable to provide you with our Services or deliver a Report to you.
7. We collect, hold and use Personal Information for purposes including:
a. processing purchases and payments for Reports;
b. delivering Reports and providing customer support;
c. maintaining, operating and improving our Website and Services;
d. complying with our legal and regulatory obligations; and
e. conducting internal analysis, reporting and business planning.
8. By using our Website or Services, you consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and our Privacy Policy, including for any purpose notified to you at the time of collection.
9. We may disclose Personal Information on a confidential basis to third-party service providers engaged by us in the ordinary course of our business, such as payment processing providers, website hosting providers, IT and systems providers, analytics providers and professional advisers, to the extent necessary for them to provide services to us.
10. We may also use or disclose aggregated or de-identified information for analytical, reporting or business improvement purposes.
11. We may contact you from time to time with information about our Services, updates or promotions. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided or by contacting us directly. We do not sell Personal Information to third parties.
12. Our Privacy Policy contains further information about how we collect, store and handle Personal Information, how you may access or correct Personal Information we hold about you, and how you may make a privacy complaint.
Protecting and maintaining Personal Information
13. We take reasonable steps to protect the Personal Information we hold about you from misuse, interference, loss, unauthorised access, modification or disclosure. These steps include administrative, technical and physical safeguards appropriate to the nature of the information we hold.
14. While we take reasonable measures to protect Personal Information, no method of transmission over the internet or method of electronic storage is completely secure. Accordingly, we cannot guarantee the absolute security of your Personal Information and you provide information to us at your own risk.
15. Our Website may contain links to third-party Websites. We are not responsible for the privacy practices, security or content of those Websites, and we encourage you to review the terms and conditions and privacy policies of any third-party sites before providing them with your Personal Information.
Information provided on our Website
16. To the extent permitted by law:
a. the information and Reports made available on our Website are provided for general informational purposes only and are based on Third-Party Data obtained from external data providers;
b. we do not warrant or represent that any information or Report is accurate, complete, current or free from errors or omissions; and
c. we do not guarantee any particular outcome or result from your use of the Website or any Report.
17. You acknowledge and agree that you use the information and Reports provided by us at your own discretion. To the extent permitted by law, we are not liable for any loss, damage, cost or expense incurred as a result of any reliance placed on information or Reports made available through our Website.
18. Our Website may contain links to third-party Websites for convenience only. We do not control and are not responsible for the content, accuracy or availability of those third-party Websites.
19. We do not provide legal, financial, mechanical or purchasing advice. Nothing on our Website or in any Report constitutes a recommendation to buy, sell or otherwise deal with a vehicle.
20. Nothing in these Terms excludes, restricts or modifies any consumer guarantees or rights you may have under the Australian Consumer Law that cannot be excluded by law.
Quality and availability of the Website
21. You acknowledge that access to our Website and Services may be interrupted from time to time and may not be error-free. We do not warrant that the Website, Reports or any electronic files provided will be free from viruses, malware or other harmful components. Delivery of emails or other electronic communications cannot be guaranteed.
22. We will use reasonable efforts to ensure the Website is available and to provide alternative means of communication where reasonably practicable if technical issues arise.
23. You may contact us via email with questions or enquiries about our Services. While we aim to respond within a reasonable time, we do not guarantee response times.
Third-party payment platform
24. Payments for Reports are processed via a third-party payment platform (including Shopify).
25. By making a purchase through the Website, you acknowledge that payment processing services are provided by that third party and may be subject to its separate terms and conditions.
26. Your purchase of a Report and your relationship with us are governed by these Terms and Conditions. We are not responsible for the operation, availability or performance of any third-party payment platform, including any errors or delays in payment processing.
Delivery of Reports
27. Reports are delivered electronically by email to the email address provided at checkout, generally shortly after purchase.
28. While we take reasonable steps to ensure timely delivery, delivery may be affected by technical issues, system outages, incorrect customer details, or factors outside our control.
29. To the extent permitted by law, refunds are not provided for change of mind once a Report has been delivered.
30. If you do not receive a purchased Report within 24 hours of completing your purchase, you must notify us by email at support@carsdna.com within 48 hours of purchase. Before contacting us, you must check your junk or spam folders and ensure that the email address provided at checkout was correct.
31. If non-delivery is verified, our primary remedy will be to re-supply the Report to you. A refund will only be provided where the Report cannot be supplied at all due to a failure on our part, and no other remedy is reasonably available.
32. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law that cannot be excluded by law.
Liability
30. To the extent permitted by law, you acknowledge and agree that:
- Reports and other information provided through our Website are supplied for general informational purposes only and are based on Third-Party Data obtained from external data providers; and
- you are responsible for independently assessing the accuracy, completeness and suitability of any information or Report before relying on it.
34. To the extent permitted by law, we are not liable for any loss, damage, cost or expense suffered or incurred by you arising from or in connection with:
- your use of, or reliance on, any information or Report made available through our Website; or
- any errors, omissions, delays or inaccuracies in Third-Party Data.
35. To the extent permitted by law, we (and our officers, employees, contractors and service providers) are not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of revenue, loss of opportunity or loss of data, arising out of or in connection with your use of the Website or Services, whether based in contract, tort (including negligence), statute or otherwise.
36. Where liability cannot be excluded under the Australian Consumer Law or any other applicable law, our liability is limited, at our option, to re-supplying the Services or paying the cost of having the Services re-supplied.
37. Subject to clause 36, and to the extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of our Services is limited to the total fees paid by you to us for the relevant Report giving rise to the claim.
38. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded.
Indemnity
39. To the extent permitted by law, you indemnify us and our officers, employees, contractors and service providers against any loss, damage, liability, cost or expense (including reasonable legal costs on a solicitor and own client basis) suffered or incurred by us arising out of or in connection with:
- your breach of these Terms;
- your misuse of the Website or any Report;
- any unlawful, fraudulent or negligent act or omission by you regarding your use of the Website or Services; or
- any claim by a third party arising from your conduct in connection with your use of our Website or Services.
40. This indemnity does not apply to the extent that the loss, damage or liability is caused by our breach of these Terms, our negligence, or a failure to comply with applicable law.
41. Any amounts payable under this indemnity are payable by you on demand.
Intellectual Property
42. All Intellectual Property rights in the Website, Reports, content, databases, software and systems used to provide our Services are owned by or licensed to us.
43. When you purchase a Report, you are granted a limited, non-exclusive, non-transferable licence to access and use the Report for your personal or internal business use only.
44. You must not reproduce, copy, modify, distribute, sell, publish, transmit or otherwise exploit any Report or content made available through our Website, except as expressly permitted by these Terms or required by law.
45. You must not use any Report or data obtained through our Website for data mining, aggregation, resale, commercial exploitation or any purpose that is unlawful or not expressly permitted.
46. Nothing in these Terms transfers any Intellectual Property rights to you.
47. Unless otherwise indicated, all content made available on the Website (including text, graphics, logos, Reports, databases and software) is owned by or licensed to us.
48. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access and use the Website solely for the purposes permitted under these Terms.
49. You must not do anything that misrepresents, or is reasonably likely to misrepresent, any affiliation with, endorsement by or association with us.
50. We may monitor use of the Website and Reports for security, compliance and data-misuse purposes, including monitoring access patterns and download activity.
51. We may suspend, limit or terminate your access to the Website or Services if we reasonably suspect that you have breached these Terms or misused any Report or data.
Privacy Policy
52. Our Privacy Policy applies to the collection, use, storage and disclosure of Personal Information in connection with your use of our Website and Services.
53. Our Privacy Policy is available on our Website and forms part of these Terms.
54. We are committed to protecting your Personal Information and managing it in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
55. By accessing our Website or purchasing a Report, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use and disclosure of your Personal Information in accordance with that policy and applicable law.
56. If you have any questions about our Privacy Policy or how we handle Personal Information, you may contact us using the contact details available on our Website.
Privacy concerns
57. If you request that we restrict or stop the use of your Personal Information, we will take reasonable steps to comply with your request, subject to our legal and regulatory obligations. We may continue to use or disclose Personal Information where required or authorised by law.
58. If you believe that Personal Information we hold about you is inaccurate, out of date, incomplete or misleading, you may contact us to request access to or correction of that information.
59. If you have any concerns about how we handle Personal Information, or if you wish to opt out of receiving marketing communications from us, please contact us using the contact details available on our Website.
60. We may update our Privacy Policy from time to time to reflect changes in our information handling practices or legal requirements. Any updated Privacy Policy will be published on our Website and will apply from the date of publication. We encourage you to review the Privacy Policy periodically.
61. This clause operates subject to, and does not limit, any rights you have under the Privacy Act 1988 (Cth) or other applicable legislation.
Dispute resolution
62. If a dispute arises out of or in connection with these Terms or your use of our Website or Services, either party may give the other written notice setting out the nature of the dispute.
63. The parties will use reasonable efforts to resolve the dispute in good faith through informal discussions.
64. If the dispute is not resolved within 14 days after notice is given, either party may propose that the dispute be referred to mediation. Unless otherwise agreed, any mediation will be conducted in Queensland by a mediator agreed between the parties or, failing agreement, appointed by the President of the Queensland Law Society or their nominee.
65. Each party will bear its own costs of the mediation, and the mediator’s costs will be shared equally.
66. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief where necessary.
67. Nothing in this clause excludes, restricts or limits any rights or remedies available to you under the Australian Consumer Law or any other applicable legislation.
Disclaimer
68. Except as expressly set out in these Terms, Reports and other information made available through the Website are provided for general informational purposes only and do not constitute legal, financial, mechanical or purchasing advice.
69. Reports are generated using Third-Party Data and we do not warrant their accuracy, completeness or currency.
General
70. These Terms constitute the entire agreement between you and us in relation to your use of our Website and Services and supersede any prior versions of these Terms.
71. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
72. References to a party include that party’s successors, permitted assigns and related bodies corporate.
73. If any provision, or part of a provision, of these Terms is held to be invalid, void or unenforceable, that provision is severed to the extent necessary and the remaining provisions remain in full force and effect.
74. You must not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms to a related entity or as part of a business restructure, sale or transfer without your consent.
75. We may update these Terms from time to time. Any updated Terms will be published on our Website and will apply from the date of publication. Your continued use of the Website or Services after that date constitutes acceptance of the updated Terms.
Severance and termination
76. We may suspend or terminate your access to our Website or Services immediately if we reasonably believe that:
a. you have breached these Terms;
b. you have misused any Report or data obtained through our Website;
c. you have engaged in unlawful, fraudulent or unauthorised conduct; or
d. continued access may expose us to legal, regulatory or commercial risk.
Survival
77. The provisions under the headings “Liability”, “Indemnity”, “Intellectual Property”, “Privacy Policy”, “Privacy Concerns” and “Governing Law & Jurisdiction” survive termination or expiry of these Terms.
Governing law & jurisdiction
78. These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
