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Terms of Membership

www.checkitout.com.au (Site) is owned and operated by Dealer Solutions Pty Ltd ABN 68 056 135 490 trading as "www.checkitout.com.au" (Dealer Solutions).

Your access to and use of the Site is conditional on your acceptance and compliance with the General Conditions of access to and use of the Site (General Conditions).

For information about how we handle personal information, please refer to our Privacy Statement accessible from the Site. The provision of any Reports (Member Services) by Dealer Solutions to you is conditional on you becoming a member of this Site and agreeing to these terms and conditions.

  1. ACCEPTANCE OF TERMS AND CONDITIONS

    1.1 By clicking on the "I Accept" button below, you acknowledge that you have read and agree to be bound by these terms and conditions as amended from time to time (Terms and Conditions).

    1.2 Dealer Solutions may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be binding on you once displayed on this Site. You agree to be bound by these Terms and Conditions as amended and agree to review the Terms and Conditions before using this Site.

  2. BECOMING A MEMBER

    2.1 To use the Member Services you must be registered as a member and comply with these Terms and Conditions at all times.

    2.2 There is no membership fee.

    2.3 To register as a member you must be:

    • over 18 years of age; and
    • have the legal capacity to enter into a legally binding contract.

    2.4 If your membership application is accepted by Dealer Solutions permitting you to use the Member Services, your membership will continue until terminated in accordance with these Terms and Conditions.

  3. TERMINATION OF MEMBERSHIP

    3.1 Dealer Solutions may, in its absolute discretion, and without notice or liability to you:

    • refuse your application for membership;
    • terminate your membership if:
      • you breach these Terms and Conditions;
      • you act in a way that, in the opinion of Dealer Solutions, is likely to be detrimental to the interests of Dealer Solutions.

    3.2 If Dealer Solutions terminates your membership, Dealer Solutions may, in its absolute discretion stop providing you with access to the Member Services.

    3.3 You may terminate your membership at any time by sending an e-mail to Dealer Solutions requesting termination to info@dealersolutions.com.au.

  4. WARRANTIES PROVIDED BY YOU

    4.1 You warrant and acknowledge that:

    • you are over the age of 18 and that you have the legal capacity to enter into a legally binding contract;
    • the information you provide on this Site is:
      • correct, complete and current;
      • not misleading or deceptive or likely to mislead or deceive; and
      • free from any programming bugs or computer viruses, faults or errors;
    • you will comply with all applicable laws in relation to any transactions entered into on this Site and you will not use this Site for any illegal or fraudulent purpose;
    • you will not impede the use of this Site by any person; and
    • you will maintain secrecy and confidentiality of all username and password information required by you to access the Member Services and you will immediately notify Dealer Solutions if your password has been lost, stolen or compromised in any way; and
    • you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.

  5. VERIFICATION OF DETAILS

    5.1 You acknowledge that to protect the use of your personal details, including payment information, Dealer Solutions may require you to verify your details by telephone.

    5.2 For the purposes of verifying your details, you authorise Dealer Solutions to record your voice and store that recording on our telephonic and computer systems.

  6. REPORTS SUPPLIED BY DEALER SOLUTIONS VIA THE SITE

    6.1 Each of the following services (Reports) may be accessed by Members from the Site:

    • Personal Properties Security Register (PPSR) reports;
    • Carhistory (Carhistory)reports provided by Veda Advantage Information Services & Solutions Limited (ABN 26 000 602 862)

    6.2 Any orders placed for Reports will be subject to these Terms and Conditions

    6.3 The prices of products and other charges displayed on this Site may change at any time. Unless stated otherwise, the prices of products and other charges displayed on this Site are inclusive of goods and services tax.

    6.4 You are responsible for payment of any taxes, duties or other charges associated with and imposed on any Dealer Solutions Product ordered from this Site, including, but not limited to, goods and services taxes.

    6.5 The Reports promoted on this Site are subject to availability and may change from time to time.

    6.6 An order placed by you on this Site for Reports is only an offer by you to purchase a Dealer Solutions Product for the price (including other charges) as displayed on this Site (Product Price). Dealer Solutions reserves the right to accept or reject your offer for any reason whatever. Reasons may include, but are not limited to, the unavailability of a product or service or an error or change in the price displayed on this Site.

    6.7 The following information and disclaimer applies to PPSR & carhistory . The information supplied is extracted from information provided by government, industry or individuals. As a result Dealer Solutions does not warrant the accuracy of any information supplied. The information is current at the date and time, as specified in Queensland time. Dealer Solutions, its agents and employees, shall not be held liable for any loss of income, claim, injury of damage suffered by the recording, or supply, of incomplete, incorrect, misleading, inaccurate, duplicated or out-of-date information provided.

    6.8 Your contract with Dealer Solutions will only come into existence when Dealer Solutions advises you that it has accepted your order and it has confirmed receipt of your payment.

  7. PAYMENT

    7.1 Unless you otherwise agree in writing with Dealer Solutions, you acknowledge that payment of the Product Price by you to Dealer Solutions (Payment) must be made:

    • by credit card or on-line PayPal transaction; and
    • at the time of your request for the Report.

    7.2 Where you fail to make Payment in the manner prescribed in clause 7.1, Dealer Solutions may in its sole discretion cease the supply of any Reports to you.

    7.3 Where you fail to make Payment at the time prescribed by clause 7.1 and Dealer Solutions provides a Report to you, Dealer Solutions will be entitled to claim from you interest on the Purchase Price at a rate of 12%.

  8. DISCLAIMER

    8.1 You acknowledge that:

    • Dealer Solutions gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this Site (Information);
    • Dealer Solutions takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this Site or the Information;
    • you will not rely solely on the Information in determining whether to use the Member Services or whether to purchase any Reports and you will make your own enquiries as to the suitability of the Information, the Member Services and the Reports.
    • Dealer Solutions may, without notice to you, and at any time, modify or discontinue the Member Services or any other services offered on this Site;
    • Dealer Solutions does not warrant or represent that:
      • any message posted, uploaded or otherwise transmitted to or from this Site has not been altered in transmission;
      • any message posted, uploaded or otherwise transmitted to or form this Site will be received by the intended recipient; or
      • any information (including any file) downloaded or otherwise transmitted to you from this Site is free from viruses, faults or errors;
    • although Dealer Solutions will try to ensure that this Site is accessible to users, it does not warrant that users or potential users will have continuous access to this Site. Dealer Solutions will not be liable if this Site is unavailable to users or potential users due to:
      • any events caused by Dealer Solutions, whether negligent or not; or
      • any events beyond the control of Dealer Solutions, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
    • any delivery times in respect of Reports as advised by Dealer Solutions to you are estimates only and Dealer Solutions
    • Dealer Solutions shall not be liable to the Member, or any other person or company for any direct or indirect loss suffered by the Member or any other person or company, as a result of late delivery or non-delivery of any Report;
    • in providing any Report to you, Dealer Solutions has relied upon information supplied by a number of external sources (Third Party Information);
    • each Report will be supplied by Dealer Solutions on the basis that while Dealer Solutions believes all the information in it is deemed reliable at the time of publication Dealer Solutions does not warrant the accuracy or completeness of any Third Party Information contained in any Report; and

  9. COPYRIGHT AND TRADE MARKS

    9.1 Unless otherwise provided, all copyright and trade marks in the material on this Site are owned by or licensed to Dealer Solutions. Except as permitted by the Copyright Act 1968 (Cth), no part of this Site may be modified or reproduced by any process without the specific written permission of Dealer Solutions.

  10. LIMITATION OF LIABILITY

    10.1 To the full extent permitted by law, Dealer Solutions, its directors, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:

    • any use of this Site or of the Information for whatever reason;
    • any goods or services purchased or obtained from this Site; or
    • any transaction entered into through this Site, whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

    10.2 If any law prohibits the exclusion of such liability, Dealer Solutions limits its liability to the extent permitted by the law and at its option:

    • if the breach relates to goods supplied by Dealer Solutions:
      • the replacement of the goods or the supply of equivalent goods; or
      • the repair of such goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of the cost of having the goods repaired;
    • if the breach relates to services supplied by Dealer Solutions:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again;
    • if the breach relates to the supply of Information, to the re-supply of that information.

  11. GOVERNING LAW

    These Terms and Conditions 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.

  12. ENTIRE AGREEMENT

    These Terms and Conditions set out the entire agreement and understanding between you and Dealer Solutions and supersede all prior agreements, understandings, representations and warranties, whether express or implied.

  13. PROVISIONS SEVERABLE

    If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.

  14. INCONSISTENCY

    Where there is any inconsistency between these Terms of Membership and the General Conditions, these Terms and Conditions shall prevail.

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