Welcome to www.revbook.com.au (“the Site”). These are the Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones, smart phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of the method of access to the Site.
Use of this site
1. Revbook Pty Ltd of 1/6 supply Crt, Aundel, QLD (“Revbook”) owns and operates this Site.
2. Users of the Site agree to be bound by the Terms and Conditions. Users acknowledge that these Terms and Conditions are subject to change at Revbook’s sole discretion and by using and accessing this Site you have accepted the Terms and Conditions as they exist at that point in time.
3. If Revbook suffers any loss or damage or incurs any costs in connect with a breach by you of these Terms and Conditions or any of the policies contained on the Site, you agree to indemnify Revbook for all such loss and damage and reimburse Revbook for any reasonable costs incurred, legal or otherwise, to rectify or make good your breach of the terms and conditions or other policies contained on the Site.
4. Revbook may cease to provide you with access to the Site or any of its services without notice.
5. You must use the Site only for lawful purposes.
6. All rights not expressly granted are reserved by Revbook.
Material on Revbook
7. Revbook publishes or makes available on the Site information, advertisements, products, service offers, vehicle data, valuations, Software and links supplied by Revbook and third parties (“Material”).
8. Whilst Revbook takes reasonable steps to ensure that the Material on the Site is correct, current and error free, Revbook does not warrant and cannot warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material or representations made in the Material published on the Site or any web site that links to or from the Site or any information received by using the Site.
9. Revbook does not and cannot warrant the accuracy of the Material. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the correctness and accuracy of the Material and rely on the Material at your own risk. All content on the Site may be changed at Revbook’s sole discretion and maybe without notice to you. It is your responsibility to remain appraised of the current and up to date Terms and Conditions.
10. General information only is provided on the Site. Revbook does not warrant that the services and Material are professional, expert or any other advice and are not a substitute for you obtaining your own such advice. The opinions, services and Material may not be appropriate for your circumstances, correct or sufficient and should not be relied on as a substitute for undertaking your own reasonable investigations or obtaining your own professional advice. The information provided on Revbook may not be continually available or readily accessible and may not be free from errors or viruses.
Contributing content
11. When you submit content to Revbook in any format, including any text, photographs, illustrations, graphics, video or audio, you grant Revbook a non-exclusive, royalty-free, perpetual license to publish that content.
12. You agree that Revbook can use that content in any way, now and in the future. Revbook also reserves the right not to use any or some of the content you submit.
13. You warrant that you have all of the necessary rights, including copyright, for the content you contribute, that your content is correct, accurate, is not defamatory and that it does not infringe any rights or law.
14. You agree to indemnify Revbook against any and all legal fees, damages and other expenses that may be incurred by Revbook as a result of a breach of the above warranty.
15. You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
16. Revbook does not and cannot warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at Revbook’s sole discretion and without notice.
Goods and Services Provided By Third Parties on the Site
17. Revbook cannot guarantee or give warranty for any of the goods for sale on the Site by any third parties. Revbook suggest that you should consider some of the following points before finalising your purchase:
a. vehicle prices may not include government and statutory charges and you should confirm this with the seller prior to purchasing if you are unsure;
b. you are responsible for all relevant searches including, any written off vehicle register searches or register of security interests searches;
c. Revbook is not an agent or broker and you are responsible for making contact with buyers or sellers (as the case may be);
d. Revbook does not and cannot provide any warranty in relation to any of the goods or services advertised on Revbook;
e. Revbook is not responsible for the terms of any transaction between you and any person, any goods that are purchased by you from any person, or resolving any disputes between you and any person; and
f. Revbook strongly suggests that you double check any information from sellers in relation to the make, model and year of manufacture as Revbook cannot guarantee the information that is provided by sellers in relation to their vehicles.
Liability & Indemnity
18. Revbook does not exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.
19. Revbook will only be liable to users:
a. where the law implies or imposes a term into these Terms and Conditions which cannot be excluded and Revbook breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use and where it is fair and reasonable to do so Revbook’s liability will be limited, and in Revbook’s sole discretion they may choose to replace, repair or re-supply the relevant good(s) or re-supply the relevant service(s); or
b. if the claim arises from or in relation to any deliberate breach of these Terms and Conditions or fraud by Revbook.
20. Revbook does however exclude all rights, remedies, conditions and warranties in respect of goods or services from your use of the Site, whether based in statute, common law or otherwise, to the extent that Revbook is permitted to exclude these by law. To the fullest extent possible Revbook will not be liable to you:
a. for claims arising out of or in connection with your access and use of the Site and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
b. for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage;
c. for any loss or damage incurred in relation to your software or hardware, arising from your use of or access to this Site;
d. for any links or the like if they are interrupted or corrupted by errors, or if Revbook or the server that makes the Site available have viruses or bugs.
21. Liability of Revbook, for any breach of a term or condition implied by law is limited at Revbook’s sole discretion, to the supply of any service again or for the payment of having any service supplied again.
22. You indemnify Revbook and any affiliated companies, their Directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
23. Revbook does not and cannot provide any warranty in relation to any goods or services advertised on the Site by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
Intellectual Property
24. All intellectual property rights in relation to material or content on the Site belong to Revbook, its licensors, advertisers or affiliates. The User obtains no interest in the intellectual property. All content on the Site is protected by Australian and international copyright and all other intellectual property laws. The User must not do anything which interferes with, breaches or infringes on those laws or the intellectual property rights in the content.
25. You may view, user and download or print a copy of material on the Site for personal, non-commercial use provided you do not modify or alter the content in any way. All rights not expressly granted under these Terms and Conditions are reserved by Revbook. Unless expressly stated otherwise, you are not permitted to copy, utilise or republish anything you find on the Site without the copyright or trademark owners’ permission.
26. Trademarks may be displayed on the Site from time to time. These may belong to Revbook or advertisers, affiliates or third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner of that particular trademark.
Communications Services
27. Revbook provides you with the ability to communicate with Revbook, Buyers, Sellers, advertisers and users of the Site through agreements, online forms, electronic requests and enquires, bulletin boards, instant messaging, competition entries, online forums and other forms of electronic messaging (“Communications Services”).
28. Communications Services may be public and not private. Records of such communications may be held on our servers for undefined periods of time.
29. Communication Services will not, in most circumstances, be reviewed, screened or approved by Revbook. However, Revbook may, but has no obligation to, review the use of the Communications Services by you and delete, edit, remove in whole or part any information or material uploaded or posted using the Communications Services.
30. Use of the Communications Services is provided on condition that users do not do any of the following:
a. transmit any information which you know is incorrect, or attempt to mislead or deceive other users;
b. transmit any defamatory, infringing, obscene, offensive, indecent, incorrect or unlawful information or material or information;
c. use the Communications Services for any unlawful or improper purpose;
d. post or upload files that contain software or other material or information that breach other parties’ intellectual property or privacy rights.
e. upload files that contain viruses, trojans, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
f. delete author attributions, legal notices or proprietary designations in any file that is uploaded or posted.
g. “spam” other Revbook users by emailing or messaging them advertisements or offering to sell any goods or services that are not in conjunction with Revbook, or conduct or forward surveys, contests or chain letters other than as approved by Revbook.
h. download files or information posted by other users of the Communications Services that you know, or reasonably ought to know, are unlawful, improper or contrary to these terms and conditions.
i. excessively use the Communications Services in a manner which may prevent or hinder Revbook from providing services to other users or which may threaten the integrity or use by any person of the Site;
j. authorise, aid, encourage or incite any person to do any of the above acts.
Software Services
31. Any software, including HTML, CSS, Flash, Javascript, CSV, JQuery, PHP and other ActiveX controls, that is made available to download from Revbook ("Software") is owned by Revbook and/or its suppliers and/or its third parties.
32. Your use of the Software is governed by the terms and conditions of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before you will be able to use the Software.
33. If there is no License Agreement for certain Software, Revbook grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms and Conditions, and for no other purpose. You must not:
a. copy, reproduce, translate, adapt, change, vary or modify in whole or in part or the Software;
b. reverse assemble or directly or indirectly allow or cause a third party to reverse assemble, in whole or in part, the Software;
c. not introduce or use any device, virus, Trojan, malware, software or routine that interferes or attempts to interfere with the operation of the Software; or
d. not sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
Emailing Contacts
34. Where Revbook allows you to email a friend directly from our website, you warrant that the person to whom the email is addressed has consented to the email being sent, or would be happy or appreciate the email you have sent. You indemnify Revbook, its servants, employees and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003 (Cth) or any other relevant State or Territory Legislation.
Privacy Policy
35. Read Revbook’s Privacy Policy to read how Revbook collects, uses and discloses your personal information. Our Privacy Policy in located here [make link].
Sellers Policy
36. Read Revbook’s Sellers Policy to read information for Private Sellers. Our Private Sellers Policy in located here [make link].
What Law Governs these Terms and Conditions
37. These Terms and conditions and all policies on Revbook are governed by and construed in accordance with the laws of the State of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Contact Revbook
38. If you have a question, problem or complaint or need to contact us.
