Terms of Service

Welcome to carsDNA.com,

The terms “we”, “us” and “our” refer to Asset Security Search Pty Ltd ABN 20 672 024 029 trading as carsDNA.com. carsDNA.com operates this store and website, including all relatedinformation, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience and access to digital vehicle history reports (the Services).

The Services are powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. 

If you do not agree, you should not use or access our Services. Our reports are generated using data obtained from third-party data providers and are intended for informational purposes only. They are not legal, financial, mechanical or purchasing advice and should not be relied upon as a substitute for independent enquiries.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and capable of entering into a legally binding agreement.

To use the Services, including browsing our website or purchasing a Report, you may be asked to provide information such as your name, email address, billing details and payment information. You represent and warrant that all information you provide is true, accurate, current and complete, and that you have all rights necessary to provide it. You are responsible for ensuring that any information you provide is correct and up to date. We may rely on the information you provide to deliver Reports and communicate with you. You may not transfer, sell, assign or license your account or access rights to any other person without our prior written consent.

Section 2 - Our Products and Services

We provide digital vehicle history reports and related services through the website. We have made reasonable efforts to ensure the services and reports are described accurately. However, reports are generated using third-party data and may contain errors, omissions or outdated information.

We do not warrant that any report or other information on the website will be accurate, complete, current or free from error. You acknowledge that the content is provided for general informational purposes only.

We reserve the right to change, discontinue or limit any of our services or reports at any time without notice, subject to any applicable law.

Section 3 - Orders

When you place an order, you are making an offer to purchase a report or other services. Your order is not accepted until we confirm acceptance and receive payment in full. We reserve the right to accept or decline any order in our discretion, including where we suspect fraud, unlawful conduct, unauthorised use or error in the order.

Please review your order carefully before submitting it. We may not be able to cancel an order after it has been accepted or the report has been delivered.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address or other contact details you provide at checkout.

Your purchases are subject to these Terms and any Refund Policy published on the Website.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a report (including any bundle of reports) is the price shown on the website at the time you place your order and will be confirmed in your order confirmation email. We may change prices at any time without notice, and you will not be entitled to a partial or complete refund solely because a change in price occurs after you place your order.

Unless otherwise stated, prices are inclusive or exclusive of GST as indicated at checkout. Any applicable taxes will be added to your order where required by law.

Because our reports are delivered electronically, no shipping charges apply. However, your bank, card issuer, or payment provider may charge additional fees (including international transaction and currency conversion fees). By placing your order, you accept and agree to pay all taxes and transaction fees associated with your order.

Bundles

We may offer bundles, multi-report packs or credits (bundles). Bundle inclusions, pricing, redemption rules and any expiry or limitations will be displayed at checkout or otherwise communicated to you at the time of purchase.

Unless we expressly state otherwise in writing, bundle credits:

  • have no cash value and are not redeemable for cash;
  • are non-transferable and may only be used by the purchasing account or purchaser;
  • may not be resold; and
  • may expire or become invalid if not used within any timeframe stated at purchase.

Discount Codes

Discount codes are not redeemable for cash and are non-transferrable. Only valid discount codes provided or promoted directly by carsDNA.com will be honoured at checkout. Discount codes must be applied at the time of checkout and cannot be retroactively applied to completed orders.

We reserve the right to disable, modify or cancel discount codes at any time (including during site-wide promotions) and to refuse redemption where we reasonably suspect fraud, misuse or unauthorised distribution.

Rewards Points and Membership Tiers

carsDNA.com may offer a loyalty programme, rewards points and/or membership tiers from time to time. Programme benefits, eligibility, earning rates, tier thresholds and redemption rules may be updated by us at any time and will be displayed on the Website or otherwise communicated to you.

Unless we expressly state otherwise:

  • points have no real-world cash value and cannot be redeemed for cash;
  • points and tier status are non-transferable;
  • we may revoke points or tier status where we reasonably suspect fraud, misuse or program exploitation (including using scripts, bots or automated means); and
  • points may expire or accounts may be treated as inactive in accordance with the rules displayed on the Website.

You agree to provide current, complete and accurate billing and payment information for all purchases made through the Services. You also agree to promptly update your information so that we can complete transactions and contact you as needed.

You represent and warrant that: 

  • the payment information you provide is true, correct and complete; 
  • you are authorised to use the payment method.
  • all charges incurred by you will be honoured by your payment provider; and
  • you will pay all amounts due in connection with your purchase.

Section 5 - Delivery

Reports are delivered electronically, usually by email, to the email address provided at checkout.

Delivery times are estimates only and are not guaranteed. Delivery may be affected by technical issues, system outages, third-party email provider filtering (including spam/junk filtering), incorrect customer details provided by you or other factors outside our reasonable control.

Delivery is deemed to occur when we send the report to the email address you provided at checkout, whether or not you actually receive or access that email.

If you do not receive your report within 24 hours of purchase, you must check your junk or spam folder first and then contact us within 48 hours of purchase.

If non-delivery is verified, our primary remedy will be to resupply the report. If the report cannot be supplied due to a failure on our part and no other reasonable remedy is available, a refund may be provided in accordance with applicable law.

Nothing in these Terms excludes or limits any rights or remedies you may have under the Australian Consumer Law that cannot be excluded by law.

Section 6 - Intellectual Property

All intellectual property rights in the website, reports, content, databases, software and systems used to provide the services are owned by or licensed to us. When you purchase a report, you are granted a limited, non-exclusive, non-transferrable licence to access and use that report for your personal or internal business use only.

You must not reproduce, copy, modify, distribute, sell, publish, transmit, exploit or otherwise use any report or content from the website except as expressly permitted by these terms or required by law.

You must not use any report or data obtained through the Website for data mining. aggregation, resale, commercial exploitation or any unlawful purpose.

Nothing in these Terms transfers any intellectual property rights to you.

Section 7 - Optional Tools

You may be provided with access to optional tools or services offered by third parties as part of the Services. You acknowledge that we provide access to such tools “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of third-party tools.

Any use of optional tools is at your own risk and discretion, and you should review the third party’s own terms before using those tools.

Section 8 - Third-Party Links

The Services may contain links to websites or materials operated by third parties.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not endorse them.

If you choose to access third-party websites, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites, products or services.

Section 9 - Relationship with Shopify

carsDNA.com is powered by Shopify, which enables us to provide the services to you.

However, any sales and purchases you make in our store are made directly with carsDNA.com. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and carsDNA.com, including any injury, damage or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with carsDNA.com.

Section 10 - Privacy Policy and Marketing Communications

All personal information we collect through the Services is subject to our Privacy Policy.

By using the Services, you acknowledge that you have read our Privacy Policy and understand that your information may be handled in accordance with that policy and applicable law in Australia, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Marketing communications: EDM and social media campaigns

We may use your contact details and other information you provide to send you electronic direct marketing messages by email (EDM) about carsDNA.com, including reports, bundles, offers, promotions and updates, where permitted by applicable law in Australia (including the Spam Act 2003 (Cth)).

You can opt out of receiving marketing emails at any time by using the unsubscribe function included in our marketing messages or by contacting us at support@carsdna.com. Opting out of marketing messages will not affect service or transactional communications (for example, order confirmations and delivery emails).

We may also run marketing campaigns on social media and online advertising platforms. Those third parties may use their own technologies and policies to display ads to you. Where required by applicable law, we will obtain any necessary consents and provide appropriate opt-out options, and you can also manage advertising preferences via the relevant platform settings.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews or other content to us, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that content for any purpose, including commercial use.

You represent and warrant that:

  • you own or have the necessary rights to the feedback you submit;
  • your feedback does not infringe the rights of any third party; and
  • your feedback complies with these Terms and applicable law.

We may remove or refuse to use feedback that we reasonably consider unlawful, offensive,

defamatory, misleading, obscene or otherwise objectionable.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions.

We reserve the right to correct any such errors and to update or cancel orders if any information is inaccurate at any time without prior notice, including after submission of your order, to the extent permitted by law.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only.

You must not, directly or indirectly,

  • use the Services for any unlawful, fraudulent or malicious purpose;
  • violate any applicable law or regulation;
  • infringe our Intellectual Property rights or those of others;
  • transmit false, misleading, defamatory or harmful information;
  • send spam, phishing, chain letters or unsolicited promotional material;
  • impersonate any person or entity;
  • upload or transmit viruses, malware or other harmful code;
  • scrape, harvest, copy, extract, resell or exploit the Services or Reports;
  • collect or track Personal Information of others without authority;
  • interfere with or bypass security, access controls or technical restrictions; or
  • use the Services in any manner that may harm us, Shopify, third parties or other users.

We may suspend, limit or terminate your access to the Services if we reasonably believe you have breached this clause.

Section 14 - Agents

This section applies if you use, allow, enable or cause the deployment of any software agent, automated system or service that accesses or interacts with the services on your behalf.

No Agent may access, use or interact with the Services unless it identifies itself honestly and complies with any technical or policy requirements we impose from time to time.

We may restrict, limit or block agent access at any time.

An agent must not: 

  • conceal that it is an Agent;
  • mimic human behaviour in order to avoid detection;
  • complete or circumvent CAPTCHAs or similar controls; or
  • bypass measures intended to control whether and how automated systems access the services.

Section 15 - Termination

We may terminate or suspend your access to the services at any time, with or without notice, if we reasonably believe that you have breached these terms, misused any report or data, or engaged in unlawful or fraudulent conduct, or if continued access may expose us to legal, regulatory or commercial risk.

You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination to the extent applicable:

  • Intellectual Property
  • Privacy Policy
  • Liability
  • Indemnification
  • Severability
  • Waiver; Entire Agreement
  • Assignment 
  • Governing Law
  • any other provisions intended by their nature to survive

Section 16 - Disclaimer of Warranties

The services and all reports are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we do not warrant that:

  • the Services will be uninterrupted, timely, secure or error-free;
  • the Reports or any information will be accurate, complete, current or free from omissions; or 
  • Any report will meet your expectations or requirements.
  • Reports are generated using third-party data, and we do not guarantee the accuracy, completeness or currency of that data.
  • Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.

Section 17 - Limitation of Liability

To the fullest extent permitted by law, in no case shall carsDNA.com, Shopify, or either of our respective officers, directors, employees, contractors, agents, service providers, affiliates or licensors be liable for any loss, claim, damage or expense of any kind, whether direct, indirect, incidental, special, punitive or consequential, including loss of profits, revenue, savings, data or opportunity, arising from or in connection with:

  • your use of or reliance on the Services or any Report;
  • any errors, omissions, delays or inaccuracies in Third-Party Data;
  • any interruption, unavailability or technical failure of the Services; or
  • any third-party conduct, systems or services.

Where liability cannot be excluded under the Australian Consumer Law or 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.

Subject to the above 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 the Services is limited to the total fees paid by you for the relevant Report giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded by law.

Section 18 - Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold  carsDNA.com, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers harmless from and against any loss, damage, liability, cost or expense, including reasonable legal costs on a solicitor and own client basis, arising out of or in connection with:

  • your breach of these Terms;
  • your misuse of the Services or any Report;
  • your unlawful, fraudulent or negligent act or omission; or 
  • any claim by a third party arising from your use of the Services.

This indemnity does not apply to the extent that the relevant loss, damage or liability was caused by our breach, negligence or failure to comply with applicable law.

Any amounts payable under this indemnity are payable on demand.

Section 19 - Severability

If any provision of these Terms is held to be invalid, void or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions remain in full force and effect.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted on the Website, constitute the entire agreement between you and us concerning the Services and supersede any prior agreements, communications or proposals.

Any ambiguity in these Terms will not be construed against the drafting party to the fullest extent permitted by law.

Section 21 - Assignment

You may not assign, transfer or delegate these Terms or any of your rights or obligations without our prior written consent.

We may assign, novate or transfer these Terms and our rights and obligations without your consent, including in connection with a business restructure, sale or transfer.

Section 22 - Governing Law

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

Section 23 - Headings

The headings used in these Terms are included for convenience only and do not affect interpretation.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms at any time on the Website.

We reserve the right to update, change or replace any part of these Terms by posting updates on the website. It is your responsibility to check periodically for changes.

If we make material changes, we will notify you in accordance with applicable law. Your continued use of the Services after any changes are posted constitutes acceptance of the updated Terms.

Section 25 - Contact Information

Questions about these Terms should be sent to us at: support@carsdna.com