Please read the attached Terms and Conditions document and if you agree then click on "Accept" which will take you to the Vehicle Safety Comparator application. Alternatively if you do not agree click on "I do not accept" and this will take you back to the Home Page.

Terms of Access for Vehicle Safety Comparator

Vehicle Safety Comparator is provided to users by VicRoads for the purpose of supplying information vehicle safety features offered in vehicles sold in Australia. This initiative allows users to compare vehicles based on the safety features offered in the various vehicle models.

Permission to access Vehicle Safety Comparator is conditional upon your agreement to VicRoads and R. L. Polk Australia Pty Ltd's terms and conditions of use as set out below.

A reference to "you" in these terms includes your organisation, its employees, agents and sub-contractors. Acceptance of these terms shall bind you, your organisation and all of its employees, agents and sub-contractors. If you do not have the authority to bind your organisation in this way, please click on the "I do not accept" button at the end of these terms. A reference in these terms to "Vehicle Safety Comparator" includes any information or updates relating to Vehicle Safety Comparator which may be provided by VicRoads however delivered.

BY CLICKING THE ON THE "I ACCEPT" LINK AT THE END OF THESE TERMS, YOU ACCEPT THE TERMS FOR THE USE OF VEHICLE SAFETY COMPARATOR AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT WANT TO ACCEPT THOSE TERMS, PLEASE CLICK ON THE "I DO NOT ACCEPT" LINK AT THE END OF THESE TERMS WHICH WILL RETURN YOU TO THE VICROADS HOMEPAGE.

License

1. R. L. Polk Australia Pty Ltd ("R. L. Polk Australia") grants you a non-exclusive licence to use Vehicle Safety Comparator in accordance with the terms of this agreement.

Permitted uses of Vehicle Safety Comparator

2. You may use, copy, reproduce, translate, vary, modify or make available to other persons information contained in Vehicle Safety Comparator (except protected information) provided that:
2.1 you only do so for a purpose that is reasonably related to the purpose for which Vehicle Safety Comparator has been provided to you; and
2.2 unless it is impracticable to do so, you acknowledge that the source of the information is VicRoads Vehicle Safety Comparator Website, which is owned by VicRoads, with data and certain other content provided under license from R. L. Polk Australia.

Licensee's obligations

3. You hereby accept the following obligations:
3.1 except to the extent expressly permitted by this Agreement, to not copy, reproduce, translate, adapt, vary or modify Vehicle Safety Comparator;
3.2 to not reverse engineer, decompile, or disassemble Vehicle Safety Comparator;
3.3 to supervise and control the use of Vehicle Safety Comparator in accordance with the terms of this agreement;
3.4 to ensure all your employees, agents and sub-contractors are made aware of and comply with the terms of this Agreement;
3.5 except to the extent expressly permitted by this Agreement, to not make available Vehicle Safety Comparator in any form to any person; and
3.6 unless it is impracticable to do so, to acknowledge that R. L. Polk Australia provided the information contained in Vehicle Safety Comparator

Licensee's acknowledgment and further obligations

4. You acknowledge that:
4.1 Vehicle Safety Comparator is provided "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. Vehicle Safety Comparator cannot be guaranteed error free and that the existence of any such errors shall not constitute a breach of these terms;
4.2 you will not rely on the contents of any material within or any material produced by Vehicle Safety Comparator without first obtaining independent advice from an appropriately qualified professional person; and
4.3 neither VicRoads nor R. L. Polk Australia is responsible for the results of any actions taken by you on the basis of material within or any material produced by Vehicle Safety Comparator, nor for any error or omission in the material contained within or produced by Vehicle Safety Comparator .

Warranty

5. You warrant to VicRoads that:
5.1 you have the authority to bind your organisation, its employees, agents and sub-contractors to these terms.

Use and disclosure of Protected Information

6. You agree that:
6.1 you will not publish statistics or research derived from Vehicle Safety Comparator in a form that identifies a particular individual.

Limitation of liability

7. Subject to any rights or remedies available under the Trade Practices Act 1974 or any other statute, neither VicRoads nor R. L. Polk Australia shall not be liable for any loss or damage, including consequential loss, suffered by reason of the performance of its obligations under these terms.

Copyright

8. Copyright laws and international treaty provisions protect the Vehicle Safety Comparator concept, content and name. You acknowledge that all title and copyright in and to Vehicle Safety Comparator (including, but not limited to images, photographs, animations, video, audio, text incorporated into Vehicle Safety Comparator) are owned by R. L. Polk Australia. You will not permit any act which infringes the copyright in Vehicle Safety Comparator. You also acknowledge that all other company names, trademarks or product names appearing on this Website are the property of their respective owners.

Indemnity

9. You hereby agree to continually indemnify VicRoads and R. L. Polk Australia> against all losses, liabilities, claims or expenses, including loss of profits, incurred as a result of third party claims resulting from your use of the Vehicle Safety Comparator or a breach by you of any of these terms.

Termination

10. Without limiting the generality of any other of these terms, VicRoads may terminate your access to Vehicle Safety Comparator immediately if you breach any Clause of this Agreement. If VicRoads does so, you must return any copies of Vehicle Safety Comparator to VicRoads.

Assignment

11. You must not deal with the benefit of this Agreement in any way (whether by assignment, sub-licensing or otherwise), without VicRoads' prior written consent, which consent may be given at VicRoads' sole discretion.

Severance

12. Each of these terms is severable from the others and no severance of a term affects any other term.

Waiver

13. Failure or neglect by VicRoads to enforce at any time any of these terms will not be construed or deemed to be a waiver of VicRoads' rights under these terms.

Governing law

14. These terms are governed by and construed according to the law of the state of Victoria and you submit to the non-exclusive jurisdiction of its courts.

Third Party Beneficiary

15. These terms are for the benefit of VicRoads, R. L. Polk Australia and any other third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.