Terms of Use of Queensland P1 and P2 Approved Cars List
The content of this site is not created or controlled by the Department of Transport and Main Roads ("the department"). You are required to read and agree to the following Terms of Use to access the Queensland P1 and P2 Approved Cars List.
The department’s Terms of Use are in addition to any terms and conditions imposed by Red Book for the use of the Queensland P1 and P2 Approved Cars List.
These Terms and Conditions are in addition to and do not supersede or in any way affect the Terms and Conditions for the department’s online services or any other additional terms and conditions imposed by the department for specific functions accessed from the department’s website.
In these Terms of Use:
"We", "Us" or "Our" means the Department of Transport and Main Roads and our successors
"You" and "Your" means the legal entity or entities using this site
"the criteria" means criteria to classify vehicles
"the information" means information gathered from a variety of sources, including from Us
"the List" means the Queensland P1 and P2 Approved Cars List
"Red Book" means Automotive Data Services Pty Ltd ACN 001 680 593 and its successors.
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1. Disclaimer
1.1 The List is prepared by Red Book using the criteria provided by Us. Red Book has prepared the List from the information, and whilst all reasonable care is taken in producing the List, neither We nor Red Book can guarantee or make any representations regarding the use of, or reliance on, this List.
1.2 Factors external to either Us or Red Book or both may impact on the criteria, the information, or the Red Book website and may affect the accuracy, availability, completeness, currency, quality, reliability or status of the criteria, the information, the List or the website.
1.3 Neither We nor Red Book are responsible for all the information provided, and You should not rely on the List without making Your own independent assessment of the vehicle and other sources of information.
1.4 In providing this List to You, neither We nor Red Book assume a duty of care to You. Neither We nor Red Book have any responsibility to inform You of any matter coming to the notice of either Us or Red Book which may affect the information, the criteria, the List or the website in any way.
1.5 If a law of Queensland prohibits or restricts Your use of a class of vehicle or a particular vehicle, neither We nor Red Book is required to advise You through the List which vehicle You may drive or must not drive.
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Indemnity which You give
2.1 Without limiting any other terms herein, You indemnify Us, Our officers, employees, contractors and agents, for any breach of any of the terms or warranties contained in these Terms of Use.
2.2 You also agree to indemnify Us, Our officers, employees, contractors and agents, against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by any third party directly or indirectly out of or in connection with:
a. Your use of the List or any linked website;
b. Your use of or reliance on information contained or accessed through the List; or
c. Your breach of these Terms of Use for the List.
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Exclusion of warranties
3.1 The List is provided on an 'AS IS' and 'AS AVAILABLE' basis and without warranties of any kind, expressed or implied except any of which may be implied by statute and are incapable of exclusion.
3.2 To the maximum extent permitted by law, We exclude, and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
a. any material and/or information on the List;
b. the performance of the List;
c. the accuracy or currency of the List; or
d. the performance, suitability or value of any vehicle identified in the List.
3.3 You acknowledge that You must make Your own inquiries and/or seek independent advice before acting or relying on any information or material which appears on the List.
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Your risk
4.1 You obtain access to the List at Your own risk and We accept no responsibility for any interference, loss, damage or disruption to Your own computer system which arises in connection with Your use of the website or any linked website. You must take Your own precautions to ensure that the process which You employ to obtain access to the website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system.
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Exclusion of liability
5.1 To the maximum extent permitted by law, We exclude all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
a. the use of, reliance on, or action taken as a result of, any information or material on the List, for business decisions or otherwise;
b. accessing and using the List and/or participating in any on-line activities contained therein; or
c. any interruption, suspension or termination of the List in whole or in part for whatever reason.
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Release from claims, etc
6.1 You hereby waive, release, forgive, discharge and relinquish any and all claims that You may have against Us, related bodies corporate, directors, officers, employees, contractors, agents and representatives in connection with, or arising out of, or incidental to, Your access to or use of the List.
6.2 You release and indemnify Us, Our related bodies corporate, directors, officers, employees, contractors, agents and representatives from and against any liability for any loss or damage, however caused (including through negligence), which You or any other person may directly or indirectly suffer arising directly or indirectly out of or in connection with:
a. Your use of the List or any linked website;
b. Your use of or reliance on information contained or accessed through the List;
c. a breach of the terms and conditions of use for the List by any person; or
d. the use by any other person of the List or information obtained from the website.
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Exclusion of liability – scope
7.1 Our exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if We have been notified of the possibility of such loss or damage.
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Your contribution to loss
8.1 You agree that any legal liability on Our part will be reduced by the extent, if any, to which You contributed to the loss.
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Non-excludable liability (if any)
9.1 These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
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Third party websites
10.1 The List site is owned and operated by Red Book who are not under the control of the department.
10.2 We do not approve, endorse, recommend or sponsor sites linked to the List, their owners or operators, or any information, graphics, materials, products or services referred to or contained on linked websites, unless specifically stated.
10.3 We are not responsible for the content of linked websites and make no representation as to the accuracy of any material on those websites.
10.4 We to the maximum extent possible, exclude liability for any loss suffered as a result of use of Red Book’s website, or reliance on the information contained on these third party websites.
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Future changes
11.1 We may amend, delete, add to, or otherwise revise any information or materials contained on the List at any time without notice, as well as these Terms of Use. It is Your responsibility to monitor any such changes.
11.2 All changes are effective from the date they are posted on the List and Your continued use of the List will constitute Your acceptance of the variation of these Terms of Use.
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Governing law
12.1 These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.
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Jurisdiction
13.1 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.