These terms and conditions (Terms) apply to any User of our customer relationship and vehicle information management and sharing platform described on our Website ( Logcheck Online ).
By clicking the tick box saying you have read and agreed to these Terms or otherwise accepting the benefit of any part of Logcheck Online (Acceptance), you agree to be bound by these Terms which forms a binding contractual agreement between you, or the company you represent (‘you’, or ‘your’), and Logcheckonline Pty Ltd ABN 97 651 728 200 (‘our’, ‘we’ or ‘us’).
These Terms commences at Acceptance and will continue until terminated in accordance with clause 11 (Term).
By using Logcheck Online you represent and warrant that you:
Please have a careful read through these Terms. If you do not agree to these Terms, you must not access, use or otherwise view Logcheck Online.
We may change these Terms at any time by notifying you, and your continued use of Logcheck Online following such an update will represent an agreement by you to be bound by these Terms as amended.
In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded words in brackets, or as set out in the Definitions table at the end of these Terms.
The content available on Logcheck Online is predominantly files, data, text, images information, content or any other materials which a User inputs or otherwise uploads to Logcheck Online and includes any Intellectual Property Rights attaching to those materials (User Data).
The purpose of Logcheck Online is to facilitate the management and sharing of User Data which relates to motor vehicle (such as service and repair history and associated invoices, vehicle identification numbers and registration numbers) (Vehicle Data) between car related service providers who have entered into an agreement with us to be provided Logcheck Online (Head Licence Holder), you and other Users. This enables a digital service history logbook to be maintained for a vehicle that can be shared between current and future owners, dealers, mechanics and other car related service providers.
You acknowledge and agree:
In order to use Logcheck, you will be required to have a unique invitation link from a Head Licence Holder (Invitation) and sign up for an account (Account).
You acknowledge and agree that:
When you sign up for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
By using an Invitation and signing up for an Account, you are granted a revocable, worldwide, royalty-free licence to use Logcheck Online for the purpose of viewing and downloading Vehicle Data shared with you on Logcheck Online by a Linked Head Licence Holder (Purpose).
You must only use Logcheck:
You acknowledge and agree that your licence to Logcheck Online is a sub-licence granted by your Linked Head Licence Holder and your continued licence to Logcheck Online is dependent on your Linked Head Licence Holder maintaining its agreement with us and subject to the terms of these Terms.
We may from time to time, in our absolute discretion, release enhancements to Logcheck, where enhancements mean any upgraded, improved, modified or new versions of Logcheck Online. Any enhancements to Logcheck Online will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
(Our content) Unless we indicate otherwise, all materials provided to you via Logcheck Online (including our text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software, as well as User Data) (Logcheck Online Content) are subject to Intellectual Property Rights that are owned or licensed by us and we retain all such rights.
(Licence to you) You are granted a licence to Logcheck Online Content, and you may make a temporary electronic copy of all or part of Logcheck Online Content provided to you for the sole purpose of viewing them and using them for the Purpose. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Logcheck Online Content without prior written consent from us or as otherwise permitted by law.
User Data may include:
You acknowledge and agree:
You must comply with these Terms at all times.
You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.
You must not, and must not encourage or permit any third party to, without our prior written approval:
You acknowledge and agree we may suspend or cancel your Account at any time if we consider, in our absolute discretion, that you are in breach, or are likely to breach, this clause 7.
In the course of using Logcheck, you may also receive third party goods and service, you acknowledge and agree that third party terms and conditions (Third Party Terms) may apply to such third party goods and services.
You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You agree and consent to us handling Personal Information in accordance with our Privacy Policy, located on our Website, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs our collection, use, and disclosure of Personal Information.
(Service Limitations) Logcheck Online is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot guarantee that:
(Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.
(Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
To the maximum extent permitted by law, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with these Terms or Logcheck:
You indemnify us and our Personnel from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise in connection with:
You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on Logcheck Online at which point these Terms will terminate.
We or any of your Linked Head Licence Holder (or both) may terminate these Terms at any time immediately by notice to you if:
These Terms will be automatically terminated if the agreement between us and all your Linked Head Licence Holder expires, is terminated or otherwise comes to an end.
In the event of expiry or termination of these Terms:
Termination of these Terms will not affect any rights accruing to any party to the date of termination nor any obligation performed to the date of termination or any obligation which expressly or impliedly survives termination of these Terms.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
These Terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
You cannot assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent.
These Terms embodies the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
| Team | Meaning |
|---|---|
| Head Licence Holder | has the meaning set out in clause 1. |
| Intellectual Property Rights | means all copyright, trade mark, design, patent, moral rights, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms both in Australia and throughout the world. |
| Logcheck | means the customer relationship and vehicle information management and sharing platform described on our Website and which is licenced to you in accordance with clause 4.1. |
| Logcheck Online Content | has the meaning set out in clause 5. |
| Personal Information |
means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
|
| User |
means any end user of Logcheck, including you, whether such end user has been granted access to Logcheck Online by a Head Licence Holder, is a Head Licence Holder or otherwise. |
| User Data | has the meaning set out in clause 1. |
| Vehicle Data | has the meaning set out in clause 1. |
| Website | means the website at logcheckonline.com.au |