1. Conditions of use
1.1 This document contains the terms and conditions which apply to your use of the National Roads and Motorist's Association Limited ('NRMA' or 'we') CarWise web site and service ('CarWise'). In addition to the terms and conditions set out in this document, there are also specific and additional terms and conditions, which govern your use of NRMAs web site generally. Since you are also bound to these specific terms and conditions, you should review them before using our web site.
1.2 Your use of CarWise is governed by these terms and conditions and any additional terms and conditions posted on the CarWise web site from time to time ('Terms').
1.3 You may be required to register with us in order to access certain parts of the CarWise service. Where you are required to register:
(a) you must provide us with accurate, complete and updated registration information;
(b) you must safeguard any user name and password which we provide to you;
(c) you authorise us to assume that any person using CarWise with your user name and/or password is either you or is authorised to act for you;
(d) where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
(e) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
(f) you may cancel your registration at any time by notifying us;
(g) we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
2. Copyright and Trademarks
2.1 What you can do:
All the material available via CarWise ('CarWise material') is subject to the copyright of NRMA or its third party licensors. You must not reproduce any of the CarWise material except that you may:
(a) download a copy of the CarWise web site to the local hard drive of the computer used to access the site; and
(b) print extracts (hard copies) of the CarWise material, but only for your personal use.
2.2 What you cannot do:
(a) copy any of the CarWise material or otherwise incorporate into or store it in any other web site, electronic retrieval system, publication or other work in any form; or
(b) provide a link to the CarWise web site from another web site without NRMA's prior written consent.
2.3 The NRMA logo is a registered trademark of NRMA. Other trade marks may be displayed on the CarWise material from time to time. These may belong to third parties. Nothing so displayed should be construed as granting any licence or right of use of any logo or trademark displayed, without the express written permission of the relevant owner.
3. Conduct
3.1 You must not use the CarWise material for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
3.2 In particular, you agree not to:
(a) use CarWise material to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or otherwise inappropriate;
(c) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via CarWise;
(d) impersonate any person or entity; or
(e) upload, post, e-mail, transmit or otherwise make available using CarWise any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 NRMA retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. Disclaimers
4.1 The information contained in CarWise material is for general information purposes only. You must not rely on any statement contained in CarWise material without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained in any CarWise material, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
4.2 In particular, we make no representations or warranties and exclude all liability:
(a) in relation to any of the CarWise material (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
(b) in relation to any material of any other web site referred to or accessed by a hyperlink through CarWise ('Third Party Web Site'), we do not endorse or approve the material of any Third Party Web Site, nor will we have any liability in connection with any Third Party Web Site howsoever arising; or
(c) that the CarWise material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using the CarWise material.
5. Access
Although we will do our best to provide constant, uninterrupted access to the CarWise web site, we cannot and do not guarantee this. We accept no responsibility or liability for any interruption or delay.
6. Privacy
Use of any personal data that you provide to us is governed by our Privacy Policy Statement which can be found at
http://www.mynrma.com.au/cps/rde/xchg/SID-3F5768EC-0D247534/mynrma/hs.xsl/privacy_policy.htm.
7. Advertising
Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on any CarWise material, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on CarWise material.
8. Liability and Indemnity
8.1 You will indemnify us, our officers, directors, employees, agents, subcontractors, licensors and suppliers in respect of any loss or damage or any costs incurred in connection with your breach of these Terms or any other legal obligation by you or your use of CarWise material or conduct in relation to the CarWise web site.
8.2 NRMA does not exclude any rights and remedies available to you in terms of the
Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via CarWise which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
8.3 To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
(a) in the case of services supplied or offered by us:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.
8.4 Subject to any rights, remedies or our liability for breach of any implied warranty or condition which cannot be excluded or restricted, you agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:
(a) the use of or access to, or any inability to use or access, the CarWise web site or any CarWise material;
(b) unauthorised access to or alterations of your transmissions or data;
(c) statements or conduct of any third party on the CarWise material; or
(d) any goods purchased through the CarWise web site.
9. General
9.1 Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use CarWise after it has been posted.
9.2 Applicable law: These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
9.3 Contact Details: Please
contact our webmaster should you have any technical issues regarding the CarWise web site.
9.4 All CarWise material and the contents of the NRMA web site are copyright © 2005 National Roads & Motorists Association Limited and / or our licensors. All rights reserved.
10. Purchase of Goods Terms and Conditions
10.1 All information about the goods on the CarWise web site has been provided as is. Although we have endeavoured to provide information which we believe to be correct at the time of entry, we make no representation or warranty that the information available through CarWise, including any descriptions of the goods, is accurate, complete, reliable, current or error-free.
10.2 Prices and availability of goods are subject to change at any time without notice. Discounted prices are only for members of Australian Partner Motoring Associations. The NRMA reserves the right to correct pricing errors at any time. In the event we discover a pricing error, we will attempt to notify you as soon as possible about the error and, if you decide against the purchase, we will process a refund for the item or items in question.
10.3 Unless otherwise indicated on this web site, all goods available for purchase are priced in Australian Dollars and inclusive of GST.
10.4 The goods offered via CarWise are only available to persons who are capable of entering into a legally binding contract with the NRMA. Without limiting the foregoing, by utilising CarWise to place an order, you warrant to the NRMA that you are 18 or more years of age and that you are authorised and able to make payment in the manner selected by you.
10.5 No contract for the purchase of goods will be formed until your order has been accepted by us sending you a Receipt Number. The contract for the purchase of goods will be deemed to be formed at the time and place where you receive our acceptance. We reserve the right to reject your order for any reason. You warrant that any purchase made by you from us is not for the purpose of commercial resale.
10.6 Payments can be made with valid credit cards (Visa, Mastercard, Bankcard) via our secure payment gateway.
10.7 Our aim is to hold stock or have immediate access to the goods available for sale on-line. However the availability of goods may change from time to time as unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable. NRMA is not liable for any loss or damage whatsoever arising from failure to deliver or delay in delivery of any goods.
11. Warranty and Liability
11.1 These Terms & Conditions and the laws of New South Wales, Australia, apply to all transactions for the purchase of goods through CarWise. No conditions or warranties apply or are given unless expressly set out in the Terms. NRMA does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via CarWise which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
12. Returns
12.1 If a report, certificate or product sent to you
- does not comply with what you ordered, or
- does not comply with the description on our web site, or
- is completely or partly incorrect, damaged or faulty, or
- is not complete or some parts are missing,
please call our call centre, phone 1300 CARWISE (1300 2279473). Our call centre will inform you about the further procedures.
12.2 If you are required to returns goods, these must be sent in the original packing.
Important: The original packing slip of the Carrier must be sent to us with the return package.
All returns are to be sent to:
NRMA Customer Service
Level 1, 9 George Street
North Strathfield NSW 2137
13. Reports and certificates
13.1 CarWise allows you to order reports and certificates which include information provided by third parties ("Third Parties"). If you order or access information of any of the following Third Parties via CarWise then, in addition to the other Terms, the relevant terms and conditions listed below apply in respect of that information.
14. Glass's information
Glass's Information Services ('Glass's') gathers its information from independent sources within the motor trade, unconnected with it, and as a result, neither NRMA nor Glass's can accept any responsibility for any lack of accuracy or completeness of information. Further, valuations and the information they contain are intended as a guide only to current market value; they cannot be considered in any way a substitute for a full and detailed inspection of any vehicle.
14.1 DOTARS information Vehicle Recalls section
The Department of Transport and Regional Services ('DOTARS') material is made available on the understanding that you exercise your own skill and care with respect to its use.
Neither NRMA nor DOTARS gives any warranty nor make any representation whether express or implied, that the information contained in the DOTARS material is error free.
The DOTARS material is made available on the understanding that neither NRMA nor DOTARS are thereby engaged in rendering professional advice for a particular purpose. Before relying on the DOTARS material in any important matter, you should carefully evaluate the accuracy, completeness and relevance of the material for your purposes and should obtain appropriate professional advice relevant to your particular circumstances.
The DOTARS material may include views or recommendations of third parties which do not necessarily reflect the views of NRMA or DOTARS or indicate their commitment to a particular course of action.
15. REVS information
If you order a REVS certificate via CarWise, you appoint NRMA as your agent in respect of obtaining such certificate from REVS and you agree that you are obtaining it from REVS as set out below. As such, the NRMA has no liability to you in respect of the REVS certificate.
The Register of Encumbered Vehicles ('REVS') was established in 1986 by the Registration of Interests in Goods Act 1986 (RIGA). It is a statutory public register which assists the general public, the finance sector and the motor trade. The register holds information about vehicles that have been used as security for a loan from a bank, finance company, credit union or other credit provider.
REVS will only be liable to you in respect of REVS certificates you order through NRMA CarWise as provided in the Registration of Interests in Goods Act 1986 (NSW). Without limiting the foregoing, REVS will not be liable to you in contract or in tort or for breach of warranty for or in respect of any direct, indirect or consequential loss, damage or expense or injury suffered by you arising out of or relating to the acquisition or use by or reliance upon by you of the REVS certificate, including any liability due to inaccuracy, incorrectness, irrelevance, unsuitability or unreliability of the REVS certificate or any data contained therein.
In addition to information about registered securities over a vehicle. a REVS certificate may contain any of the following information ("Prescribed Information") which REVS may have received:
(a) Roads and Traffic Authority information about:
(i) whether a vehicle's registration has been cancelled,
(ii) whether a vehicle's registration is subject to an exemption under the
Road Transport (Vehicle Registration) Act 1997 (NSW),
(iii) the odometer reading of a vehicle,
(iv) whether a vehicle is wrecked or written off under the
Road Transport (General) Act 1999 (NSW),
(v) whether a vehicle is or will be required to be presented for inspection or examination (either by the Authority or NSW Police Force) owing to known or suspected irregularity or other doubt concerning its prime identifier,
(b) whether the odometer of a vehicle has been interfered with so that the reading of the odometer is incorrect,
(c) information received from the Australian Capital Territory, Northern Territory, Queensland, South Australia or Victoria about a cancellation similar to that referred to in paragraph (a)(i), or an exemption or concession similar to that referred to in paragraph (a)(ii),
(d) information in the National Exchange of Vehicle and Driver Information System database about a vehicle,
(e) information about whether a vehicle belongs to a class of vehicles whose physical or mechanical state has a common fault that should be drawn to a prospective purchaser's attention,
(f) information about an interest in a vehicle recorded in a register similar to REVS kept by another State or Territory,
(g) information from the NSW Police Force about a vehicle reported to them as stolen or otherwise unlawfully obtained.
However, REVS depends on other persons supplying it with Prescribed Information. REVS cannot guarantee that a vehicle is unaffected by any Prescribed Information or the accuracy or completeness of any Prescribed Information supplied to it.
You will need the following before you can perform a REVS check:
- The VIN/Chassis Number of the vehicle to be checked
- The Registration Number (if any) of the vehicle to be checked
- The Engine Number (if any) of the vehicle to be checked
- A valid credit card
If you cannot find the VIN/Chassis number (stamped on the vehicle), contact NRMA Technical Advice on 1300 655 443.
The VIN is the prime identifier of the vehicle and it is critical that you provide the correct number when doing your REVS check. Failure to provide the correct number will result in your REVS certificate not protecting you in respect of securities registered over the vehicle you are purchasing. If the vehicle being checked is unregistered, you should specify this and leave the registration number blank.
Make sure that you finalise the purchase of the vehicle before midnight of the day after the certificate is purchased as your certificate is only valid if your vehicle purchase is finalised in that timeframe.
The availability of REVS certificates through CarWise does not in any way imply a recommendation or an endorsement by either REVS or NRMA of the other, or of the other's services.
Further information on REVS can be obtained via
http://www.revs.nsw.gov.au/ and
http://www.fairtrading.nsw.gov.au/.
If you have any questions about a REVS certificate you order through CarWise you should contact REVS on 13 32 20.