Terms and conditions

The SafeCars application (“the App”) is created and developed by the State of Queensland acting through the Department of Transport and Main Roads (“TMR”).

1. Compatible devices

   • The App is designed for Android and iOS mobile devices. The App operates on Android operating system version 4.4 and up, and Apple iOS version 8.1 and up.
   • The App will not operate on earlier operating systems or other mobile devices. TMR may, at its sole discretion, discontinue or change the App or the minimum version of the operating system on which it operates, at any time and without notice.

2. Your use of the App

   • TMR grants to you a non-exclusive, non-transferable licence to download, install and use the App on your compatible mobile device in accordance with these conditions of use and subject to your compliance with them. If you fail to comply with the conditions of use, your right to access and use the App ceases immediately.
   • If you do not accept or agree to these conditions of use you should not proceed to download, install or use the App.
   • You acknowledge and understand that TMR may from time-to-time update the App and these conditions of use (without notification to you) and you agree that you are obliged to ensure that your use of the App complies with the conditions of use that are published and in force at the relevant time.
   • You acknowledge and agree:
     • to only use the App to obtain information about motor vehicle safety and price ranges of used cars in order to assist you to decide on the purchase of a safe and affordable motor vehicle (“the intended purpose”);
     • not to attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, material or data and information made available or accessible on the App; and
     • the App is provided free of charge and use of the App for commercial gain is strictly prohibited.

3. Data charges and access

   • The App requires a functional internet data connection for initial installation and use.
   • Your telecommunications provider may charge you fees for downloading, installing and/or using the App. You acknowledge and agree you are entirely responsible for any such fees.
   • TMR disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.

4. Intellectual property

   • You do not own the App or any data and information that is provided to you through the App.
   • The licence to download, install and use the App does not, and is not intended to, grant you any interest or right with respect to any intellectual property in the App, associated services or any information or data.
   • Subject to any third party rights, TMR reserves all its rights in the intellectual property in the App and the information and data on or generated or produced by the App, including without limitation, copyright, trademarks and designs.

5. Third party data and disclaimer

   • You acknowledge and agree that the App contains data and information licensed and provided to TMR by third parties for use on the App including by Automotive Data Services Pty Ltd (“RedBook”).
   • TMR receives third party data and information in accordance with the terms of third party licences including in accordance with the frequency of updates to that third party data and information as provided by third parties to TMR.
   • TMR does not assess, verify, edit, update or otherwise deal with third party data and information other than to make it available on the App in combination with other third party data and information for the convenience of users for the intended purpose.
   • TMR will seek to make available updated third party data and information as soon as practicable after it is received by TMR from third parties.
   • You agree to comply with the terms of use prescribed by third parties in relation to their third party data and information and acknowledge that you will use the third party data and information subject to third party terms and disclaimers including:
     • the following RedBook terms and disclaimer:

       • RedBook terms of use – personal and non-commercial use only

         • RedBook data and valuations available on or through use of the App are provided for your personal and non-commercial use only. You must not, without the written approval of TMR:
         • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Rebook data or valuations on the App;
         • use or attempt to use any RedBook data and valuations published on the App to create any App, website or publication;
         • mirror or frame any RedBook data and valuations published on the RedBook website the content of which is provided to TMR through its contractor Publicis Worldwide and incorporated in the App (“the RedBook data and valuations”) ;
         • use any automated process of any sort to query, access or copy any RedBook data and valuations on the App or generate or compile any document or database based on the RedBook data and valuations published on the App; or
         • transfer or sell any Redbook data and valuations provided on the App.
         • The licence granted to you by TMR does not include any right to access or use the RedBook data and valuations from the RedBook website.

       • RedBook disclaimer (Car price/valuation range data)

         RedBook has prepared the RedBook data and valuations as incorporated in the App from information gathered from a variety of sources. Whilst all care is taken by RedBook in producing the data and valuations, RedBook cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the RedBook data or valuations without making your own independent assessment of the motor vehicle and other sources of information. RedBook is not liable for any loss or damage (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, the RedBook data and valuation.

     • the following other third party terms and disclaimers:
       • While every effort has been made to ensure that information as incorporated in the App is free from material error, the information may not be accurate or up to date in all respects and no warranty is given as to the accuracy and completeness of the information as so incorporated.
       • The App may contain links to third party websites provided only for your convenience for reference purposes. The relevant third party and TMR each disclaims any liability for any loss or damage resulting from your use of the contents of any such third party website.
       • To the fullest extent permitted by law, the relevant third party and TMR and each of them accept no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation contained in the information accessed through the use of the App.
       • Your use of the App is entirely at your own risk. You are responsible for ensuring that your access to and use of information accessed through your use of the Apps is lawful and not prohibited by laws applicable to you.
       • The third party and TMR and each of them do not warrant or represent that a safety rated vehicle with an allocated star rating will protect the driver and any passengers in all or any crashes or collisions or that it will do so to any extent that may be inferred from the number of stars allocated to it in any safety rating to which you may have access through your use of the App.
       • You are advised that it is not appropriate to compare safety ratings accessed through the App across different categories of vehicle, in particular where there exists a disparity in weight between the vehicles compared.

6. No warranty

   • The App is provided ‘as is’ and TMR does not expressly or impliedly warrant that the App is fit for any particular purpose, including the intended purpose.
   • TMR does not warrant:
     • the accuracy, reliability, currency, adequacy or completeness of the App or the data and information it contains or provides (including third party data and information available on the App);
     • that the App (including data and information) will be error or omission free or available for use at any particular time without interruption;
     • that the App (including data and information) will meet your requirements or apply to your circumstances;
     • that any website including any third party App store is free from any viruses or malicious software or code which may be transmitted to a mobile device in connection with the download and installation of the App; and
     • anything in connection with the App which is not warranted by a third party providing third party data and information for the App.
   • Your access to and use of the App is entirely at your risk. If you have any concerns in relation to the data and information provided on the App or in relation to any particular motor vehicle, you should make further enquiries and seek independent advice specific to your circumstances.
   • The information available by use of the App is for general information purposes only and should not be relied upon as advice or any recommendation including in relation to the safety, condition, quality and soundness of any particular motor vehicle.
   • It is your responsibly to undertake all inspections and enquiries necessary in relation to any particular motor vehicle you may intend to purchase to satisfy yourself of the safety, condition, quality and soundness of that particular motor vehicle.

7. Limitation of liability and indemnity

   • To the maximum extent permitted by law, TMR disclaims and excludes all liability for any claim, liability, loss (including loss of profit, revenue, goodwill or business opportunities, damage to reputation and any indirect or consequential loss), damage or expense of any kind, however caused (including by negligence), arising out of or in connection with the App including its download, installation and use.
   • Nothing in these conditions of use should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the right of you to make a claim in respect of any guarantees, or under any other provision, stated in the ACL. To the fullest extent permitted by law, TMR’s liability for breach of any rights you might have which are not able to be excluded under the ACL will be limited to the supplying of the service again.
   • You hereby release discharge, indemnify and hold harmless TMR and each of its officers and employees from and against any claim (including by you) which may be brought against or made upon or incurred by any of them in connection with:
     • your use of the App (whether or not that use is for the intended purpose);
     • your breach of these conditions of use;
     • a breach of any law associated with the use of the App (including data and information); or
     • your infringement of the intellectual property rights or moral rights of any third party.

8. Updates & availability

   • From time-to-time, TMR may issue updates to the App and the continued functionality of the App may depend on you downloading the relevant update.

9. Support & communications

   • If you have any questions or comments concerning the App, please contact us and TMR will endeavour to respond to you as soon as possible.

10. Severability

    • If any part of these conditions of use are determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, they will be severed from the rest of the conditions of use and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.

11. Governing law

    • These conditions of use are governed by and construed in accordance with the laws of Queensland and the in the event a dispute arises from these conditions of use you submit to the non-exclusive jurisdiction of the courts of Queensland.

12. Privacy

    • TMR abides by the Information Privacy Act 2009 when managing personal information. Although TMR does not collect any identifiable information from you, TMR may, from time-to-time, record information about your use of the App and to help improve the App and TMR services more generally. This information may include:
      • the random, auto-generated user account number created when the App is first launched and associated with your device;
      • when and how the App is used;
      • the App pages accessed and the types of functions used; and
      • your device type.
    • TMR (and its contractors) may use the information recorded about your use of the App to improve the App and TMR services more generally.
    • Unless otherwise stated in these conditions of use, the App will not collect your personal information and no attempt will be made to identify you or your activities, unless TMR is required by law to do so.