Terms and Conditions
By using this website, you confirm that you have read and understood and agree to abide by these Terms of Service (Terms).
These Terms of Service apply to your use of this website (Website) operated by Motor Scout Australia Pty Ltd (referred to below as "Motor Scout" or "us" or "we" or "our") and also applies to any information provided by us on this Website, and any messages sent to or from us electronically.
By using this Website, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The content on or accessible through www.motorscout.com.au is for informational purposes only and does not constitute technical advice related to your new car quote.
- Our Service
(a) Motor Scout is a platform that connects new car buyers to dealer (Dealers) matching users requests for new car pricing.
(i) Motor Scout has created a network of selected Dealers that have agreed to participate in providing quote for clients via Motor Scout.
(iii) Motor Scout is not a party to, or responsible for, any service provided by a Dealer to you.
(iv) Motor Scout will not be a party to any disputes between the Dealer and you.
(v) Motor Scout is not liable in any way for any service delivered or service failure by any Dealer for any reason.
- Licence to Use Website
(a) Motor Scout grants to users of its web service a limited, revocable right to access and use the Website as set out in these Terms and to print pages from the Website only for your personal and informational purposes.
(b) Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of Motor Scout.
(c) To use this Website, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website.
(d) Motor Scout may terminate your licence to use this Website at any time for any reason at Motor Scout's sole discretion, including but not limited to:
(i) Harassment by you of other users of the Website;
(ii) Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
(iii) Posting by you of material on the Website which promotes non Motor Scout authorised commercial activity;
(iv) Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
(v) Misuse by you of our content or of third party content posted on the Website, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
(vi) Conduct by you that we consider detrimental to our business and our other Website users.
- Warranties and indemnification obligations
(a) To the maximum extent permitted by law, the service on this Website is provided by Motor Scout on an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
(b) In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by Motor Scout and that, without limiting the foregoing, Motor Scout gives no warranty or representation as to:
(i) the results that may be obtained through the use of the Website;
(ii) the accuracy, reliability or otherwise of any information obtained from or displayed on this Website;
(iii) the Website being available at any time or at all;
(iv) the Website being error free;
(c) To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless Motor Scout and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
(i) the use of the Website;
(ii) any dispute between you and a Dealer;
(iii) any negligence by a Dealer in the provision of any product or service to you;
(iv) any loss or damage suffered by or through you arising from or related to the provision of any service by a Dealer; and
(v) any loss or damage suffered by or through you arising from or related to the use of the Website.
(d) Motor Scout accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website, including any information provided by or relating to Dealers and other information which appears on the Website. Information displayed on the Website may be:
(i) out of date;
(ii) inaccurate in whole or in part; or
(iii) the result of duplication or confusion between Dealers where two or more Dealers have the same or similar name.
(e) Motor Scout will determine, in its sole discretion, the method by which it confirms to you the results of your use of our platform.
(f) Motor Scout is not liable for liability, costs or damages suffered or incurred by you resulting from any communication directly between you and the Dealer.
- Review of content and Linked Third Party Websites and Information
(a) Motor Scout may from time to time review and remove content posted on our Website by you and by other Website users in its sole discretion.
(b) Motor Scout reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law on the Website.
(c) If you would like Motor Scout to review any material on our Website, please contact us by email at the address set out on this Website.
(d) The Website may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by Motor Scout and they are not endorsed by or affiliated with Motor Scout in any way, unless otherwise indicated on the Website.
(e) Motor Scout is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by Motor Scout as to the quality, accuracy or completeness of the third party information or third party websites.
(f) If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, Motor Scout accepts no liability or responsibility for your actions or omissions on the linked sites.
- User Supplied Content
Subject to Motor Scout's legal obligations with respect to privacy:
(a) Any information or material submitted by you through any facility on our Website (User Material) will be considered as having been voluntarily submitted by you for use by Motor Scout and is not confidential. By providing Motor Scout with User Material via the Website, you:
(i) grant Motor Scout a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant Motor Scout the right to publish the name you use to submit the User Material;
(ii) You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in (i) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
(iii) agree to indemnify and hold Motor Scout and its directors, officers, agents and employees (for whom Motor Scout accepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of Motor Scout never to bring any claim against Motor Scout related to any User Material or your name that you post on the Website.
(b) You represent and warrant in favour of Motor Scout that you are authorised to submit any User Material you submit to Motor Scout and that Motor Scout is free to use any such User Material without any restriction or prior notice to you, whether for Motor Scout commercial or non-commercial purposes and without any compensation to any person or entity.
- How we are paid
(a) We provide a service on this Website which enables you to research and compare new car pricing, all of which are provided by third parties.
(b) Our service is free for you to use. We receive payment from the third party product providers when you use our service to purchase products from them.
- Copyright in Website Content
Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by Motor Scout or used by Motor Scout under licence.
- Linking to the Website
(a) You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of Motor Scout.
(b) You will be liable for any direct or indirect damages to or loss suffered by Motor Scout due to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify Motor Scout in respect of any loss or damage suffered by Motor Scout due to such actions.
- Third party incentives and promotions
(a) From time to time, you may be given the option to participate in reward or similar programs to obtain certain products or services provided by third parties (Program Partners) that may be promoted on the Website. Participation in those programs will be governed by separate terms and conditions that you must agree to prior to your decision to participate.
(b) Motor Scout will integrate Program Partners into the Website at its discretion.
(c) Motor Scout reserves the right to change the terms of any promotion offered with or through any Program Partners at any time. Motor Scout is not responsible for changes to or discontinuance of any program.
(d) Unless stated otherwise, the products and services promoted on the Website as being provided by a Program Partner are supplied by that Program Partner and not by Motor Scout and the Program Partner’s standard terms and conditions (governing for example delivery, refunds etc.) will govern your agreement to acquire those goods or services.
(e) Any offers or representations made by Program Partners are made by the Program Partner only and Motor Scout does not give any warranties, guarantees or representations regarding the quality of any merchandise, products or services offered or provided by any Program Partner. Motor Scout is not responsible or liable to you for any losses you may suffer in the event that the Program Partner fails to comply with its obligations to you.
- Limitation of Liability
(a) Motor Scout does not charge fees to you for use of its service to receive new car quotes on this Website. To the maximum extent permitted by law, Motor Scout will not be liable to you for any direct, indirect consequential or any other damage you may incur as a result of your use of this Website, which is entirely at your own risk.
(b) While Motor Scout takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate and Motor Scout makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions.
(c) As far as lawfully possible, Motor Scout accepts no liability or responsibility for the actions or omissions of any other users of the Website in relation to the content contained herein.
(d) All information provided on the Website is general in nature and does not constitute technical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
(e) In no event will Motor Scout be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
(f) Motor Scout is not responsible for the deletion, failure to store, misdelivery or untimely delivery of any material accessed through the Website or external sites and will not be liable for any damage or loss whatsoever resulting from any users of the website downloading or accessing any information or material through the Website.
(g) Motor Scout does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.
(h) Motor Scout does not guarantee that files or programs executed and/or downloaded from this Website or provided via this Website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and Motor Scout is not liable for any such damage or interference which may be suffered in connection with use of our online services.
(i) Motor Scout does not guarantee the security of any information sent to the Website via the internet and such information is sent at the transmitter's own risk.
(j) Motor Scout does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.
- Changes to the Website
(a) Motor Scout reserves the right to revise, change, modify or delete the content of any part of the Website, including any product or service available through the Website, at any time in its sole discretion and without prior written notice.
(b) Motor Scout reserves the right to terminate or restrict access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.
Motor Scout reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.
- Intellectual Property
(a) You acknowledge that all intellectual property contained on or within the Website is and remains at all times the property of Motor Scout or the other parties identified. You agree not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe Motor Scout’s intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from Motor Scout or the approval of the relevant copyright owner.
(b) Nothing displayed on the Website grants any licence or right of use of any logo, or trade mark displayed without the express written permission of the relevant owner.
- Referral Program
(a) You may refer other persons to the Website at any time. From time to time Motor Scout may offer a reward based referral scheme to users ( Referral Scheme). However there is no obligation to give you rewards unless:
(i) User referrals are made specifically in conjunction with an authorised Referral Scheme;
(ii) Users have complied with the rules and conditions of the Referral Scheme (which will be published on the Website);
(iii) User referrals are eligible to use of the Website;
(iv) a User referral joins as a User prior to termination of the Referral Scheme; and
(v) a User has not used spam or spamming techniques or other improper means to obtain referrals.
- Dispute Resolution
(a) All questions or disputes relating to the Website including these terms should be submitted to Motor Scout to resolve directly with you.
(b) Motor Scout will endeavour to resolve any disputes expeditiously.
(c) The User acknowledges that any complaints or enquiries in relation to any good or services supplied by any Dealer will be directed to the Dealer in question.
(a) We will use and share personal information we have collected about you to provide our service and for our business purposes.
(b) We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
(c) Our third party service providers, including Dealers, may contact you from time to time as required to provide our service and to improve our service.
(e) You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website.
Until such time as you unsubscribe, you authorise Motor Scout to send marketing and promotional materials regarding the Website, to you.
- Applicable Laws
These Terms are governed by the laws of the State of New South Wales, Australia.
- Motor Scout Policies
These Terms must be read with any policy we post on the Website, which policies form part of these Terms.
In this Agreement, unless the subject or context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, firm partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to this Agreement; (f) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
(h) a reference to any party to this document or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns;
(i) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
(j) a reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols in written form;
(k) a reference to a time is that time in Sydney, New South Wales;
(l) except as otherwise provided, a reference to a period of time (including without limitation, a year or a month) is to calendar period; (m) a reference to the Corporations Act is to the Corporations Act 2001 (Cth);
(n) a reference to an "associate" of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, "control" means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
(o) a reference to "dollars" or "$" is to Australian currency.