Terms of Use

1. Terms of Use
2. Your Contributions
3. Prohibited Contributions
4. Reporting
5. Monitoring, modification and removal of Content
6. Service Changes
7. Dealings with Advertisers/partners
8. Links
9. Termination
10. Disclaimer
11. Special warning for content and services relating to Financial Matters
12. Limitations of Liability
13. Indemnity
14. Governing Law
15. Accounts and passwords

Terms of Use

Website Terms of use 

These Terms of Use apply to your use of the websites located at www.drive.com.au,  boatadvice.com and www.bestprice.com.au (together, the Drive Network) and all associated websites and services linked to in the Drive Network. By using the Drive Network and related services you, the user and customer of the Drive Network (you, user, your) agree and accept these Terms of Use.

The Drive Network is owned and operated by CarAdvice.com Pty Limited (ABN 84 116 608 158) (trading as “Drive”, us, our, we), a related body corporate of Nine Entertainment Co Pty Limited.

Please take the time to read these Terms of Use together with our Privacy Policy. We may, from time to time, review and update these Terms of Use to take account of new laws, technologies and changes to our operations. Your use of Drive Network is governed by our most recent Terms of Use. 

Using the Drive Network

Your access to and use of the Drive Network is for your personal use only. We do not permit any commercial use of the Drive Network without our express written agreement.

Children and Young People 

The Drive Network may contain content which is not suitable for persons under the age of 18. You confirm that you are 18 years or older, or otherwise have your parent/guardian’s consent to use the Drive Network.

Privacy 

Intellectual Property: General 

The Drive Network includes services and content which are the intellectual property of Drive and its service and content providers, advertisers and business partners (Our Content). You may use Our Content by downloading and storing limited copies for your personal use only. You may not otherwise reproduce or redistribute or use Our Content or services in any way unless you have our express permission. If you wish to obtain permission for a particular use of specific content on the Drive Network, please contact us via email at privacy@drive.com.au or post at: 52 Victoria Street, McMahons Point, NSW 2060, Australia

Trademarks

The Drive Network trademarks belong to Drive. The trademarks of our service and content providers belongs to them. Nothing contained in the Drive Network should be construed as granting any licence or right of use of any trademark displayed on the Drive Network. Use of all trademarks displayed on the Drive Network requires the express permission of the relevant trademark owner.  

Your Contributions

On certain parts of the Drive Network, you may have the ability to upload and publish materials including text (such as written reviews), images, video footage, information, comments on our content and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through the Drive Network. You retain ownership of any content you upload and publish (Your Contributions). Other Users retain ownership of any Content they upload and publish (User Contributions). Your Contributions are subject to the following conditions:

  • All Your Contributions must be your own work and must not include any material which is the copyright or confidential information of someone else;
  • Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting our online communities or causing harm or offense to anyone;
  • Your Contributions must comply with our Community Guidelines available here; 
  • You give to us free of charge permission to use Your Contributions in any way we want to on any web site or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons or using it for promotional purposes).

If Your Contribution comprises a comment on either Our Content or other User Content available on the Drive Network, you may be required to register a user profile with our nominated third party provider, Disqus, as all comments published on the Drive Network run on this platform. Your use of that profile and any personal information you submit will be subject to Disqus’ terms of use and privacy policy. 

We may also redistribute Your Contributions to third parties including our related bodies corporate for use and publication on any medium – please note that this may include television broadcast.

  • Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way;
  • We generally show your name with Your Contributions if provided to us, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions; and
  • Your Contributions may or may not be pre-screened and there may be a delay before they appear on the Drive Network. We may choose not to use Your Contributions or remove Your Contributions from the Drive Network in our discretion and we are not obligated to use, maintain or display Your Contributions.

If you have any questions about Your Contributions please contact us here.

Prohibited Contributions / Use

It is your responsibility to ensure that Your Contributions do not breach any applicable laws, our Community Guidelines or rights. Without limiting this obligation we require that Your Contributions do not:

  • Defame any person;
  • Breach anyone’s intellectual property rights or confidentiality.
  • Breach any laws including but not limited to privacy and anti-discrimination laws;
  • Contain any personal or sensitive information relating to an individual;
  • Contain any links, advertising or marketing material or spam;
  • Stalk or harass any person;
  • Breach our Drive Community Guidelines;
  • Encourage or promote or assist the commission of any illegal act;
  • Contain excessively coarse language or content which would be rated R RC or X by the Australian Classification Board; or
  • Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the nine.com.au network or any computer, software or telecommunications device.

We expressly prohibit, without our prior written approval, any use of Our Content or data (including any associated metadata) in any manner for any software, machine learning and/or artificial intelligence purposes, including without limitation for the purposes of training or development of artificial intelligence technologies or tools or machine learning language models, or otherwise for the purposes of using or in connection with the use of such technologies, tools or models to generate any data or content and/or to synthesise or combine with any other data or content. We reserve all rights to license any use of Our Content and data for any such purposes.

Without limiting the above restrictions you further agree to abide by exclusionary protocols (e.g., Robots.txt etc.) that may be used in connection with the provision of Our Content on the Drive Network. You may not access parts of the Drive Network to which you are not authorised, or attempt to circumvent any restrictions imposed on your use or access of the Drive Network.

Reporting

If you think that any content on the Drive Network is unlawful or breaches these terms please email EDITOR@DRIVE.COM.AU.

Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.

Monitoring, modification and removal of Content

We do not verify, approve, endorse, sanction, encourage, support or agree with Your Contributions or User Contributions including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Drive Network.

We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content (as defined above), Your Contributions or User Contributions, without notice to you and at our sole discretion. 

Service Changes

We reserve the right to change, suspend or discontinue any content or services included in or accessible via the Drive Network without any notice and without any liability to you

Dealings with Advertisers/partners

Some of the content on the Drive Network, including articles, sponsorships or promotions and banner advertising, constitutes paid advertising. This means that we may have received a payment or other benefit from our advertisers or partners in return for publishing the content. Responsibility for the content of advertisements appearing on the Drive Network rests solely with the advertisers. As such, if you have any queries or concerns regarding the content of any advertisement or promotion please contact the advertiser directly. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. If you click on any advertisement, then that access will be treated as access to a Linked Website as defined below. 

Your correspondence or dealings with, or participation in promotions of, advertisers or partners on the Drive Network are solely between yourself and such third parties. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Drive Network. You acknowledge that Drive may receive a financial benefit from its partners or advertisers as a result of your interaction with and use of its products, services and offerings.

From time to time we feature, promote or sponsor special events, competitions and other activities conducted by third parties on-line and/or off-line. We do not accept any responsibility for your participation. However there may be specific terms and conditions applicable to those activities and you should check these carefully.

Any products and prices listed on the Drive Network are the responsibility of the relevant product dealer/retailer. We are not liable for the availability, prices or price changes, including where price changes have not been reflected on the Drive Network.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against us or any of our related bodies corporate and that those parties will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion whether at the price stated in the advertisement or at all.

For the convenience of our users the Drive Network contains links and other pointers to websites operated by third parties, including social media platforms (Linked Websites). We do not control or endorse these Linked Websites and we are not responsible for their availability or their content and /or services. Access to Linked Websites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Website. Your use of a Linked Website will be subject to their published terms and conditions of use and privacy policy. We may receive payments and/or commissions from owners or operators of a Linked Website should you visit their website from the Drive Network however you acknowledge that you will not have any claim, benefit or right on these payments.  

The Drive Network makes use of data and services provided by YouTube (via the YouTube Services API) subject to the YouTube Terms of Service.

Termination

You agree that Drive may without notice terminate your access to our services (Including the Drive Network) without notice on any reasonable grounds including but not limited to:

  • Breach of these Terms of Use;
  • Request by law enforcement authorities or agencies;
  • Discontinuation of modifications to our services;
  • Technical issues or problems;
  • Extended periods of account inactivity;
  • Non-payment of any fees owed by you in relation to any services; and
  • Where we suspect you have used the services for a fraudulent or illegal purpose

Disclaimer

Except where expressly specified Drive Network content is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about finances and insurance) and seek independent advice suited to your specific circumstances prior to making any decisions.

Special warning for content and services relating to Financial Matters

The Drive Network may contain financial content, commentary and tools such as factual articles on the tax considerations in purchasing a new car, car insurance options and calculators. None of our financial content is intended for trading or investment purposes or to constitute financial advice and is meant to be informative in nature only. We and our content providers are not liable for any trading or investment decisions based on your use of this content and we strongly advise that you seek professional advice before making any financial decisions.

Limitations of Liability

Your use of the Drive Network is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law Caradvice.com Pty Ltd, its related bodies corporate, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the foregoing we do not warrant that: Our Content is accurate, secure, complete, current or reliable. Nor do we warrant that our services will be timely, uninterrupted or error free or that any errors or defects will be corrected.

In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the Drive Network.

Indemnity

We rely on you to use the Drive Network responsibly and to observe these Terms of Use. If Drive suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Drive for the losses, damages and costs.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia

Accounts and passwords

If you create an account for using any of the services or features available on the Drive Network, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.

Updated: November 22, 2020