Terms and Conditions
By using this website/software and our mobile smart application, you confirm that you have read and understood and agree to abide by these Terms & Conditions.
These Terms and Conditions apply to your use of this Website and our Smart phone applications operated by Dinkum Deal Pty Ltd (referred to below as "Dinkum Deal" or "us" or "we" or "our") and also applies to any information provided by us on this Website and our Smart phone applications, and any messages sent to or from us electronically.
By using this Website and our Smart phone applications, the user (you) confirms his/her agreement to all of the Terms & Conditions. We may vary our Terms & Conditions at any time without notice and, if we do, we will provide an updated version of our Terms & Conditions on this Website.
If you do not agree to any of our Terms & Conditions, you must not use any of the services offered on our Website and our Smart phone applications.
The content on or accessible through www.dinkumdeal.au is for informational purposes only and does not constitute technical advice related to your new car quote.
1. Our Service
- Dinkum Deal is a platform/software that matches new car buyers to a dealer (Automotive Dealers) matching user's requests for new car pricing.
- Dinkum Deal has created a network of Automotive Dealers that have agreed to participate in providing quotes for clients via Dinkum Deal software.
- Dinkum Deal is not a party to, or responsible for, any service provided by a Dealer to you.
- Dinkum Deal will not be a party to any disputes between the Dealer and you.
- Dinkum Deal is not liable in any way for any service delivered or service failure by any Dealer for any reason.
- Dinkum Deal's software provides the public with the best drive away price, provided by the automotive dealer. This price is inclusive of on the road fees but does not include any additional extras.
2. Licence to use Website & Smart phone applications
- Dinkum Deal grants users its Web service and its Smart phone applications a limited, revocable right to access and use the Website and our Smart phone applications as set out in these Terms & Conditions and to print pages from the Website and our Smart phone applications only for your personal and informational purposes.
- Except as expressly permitted in these Terms & Conditions and as allowed by applicable laws, no part of our Website and our Smart applications may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of Dinkum Deal.
- To use this Website and our Smart phone applications, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website and our Smart phone applications to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website or our Smart phone applications.
- Dinkum Deal may terminate your licence to use this Website and our Smart phone applications at any time for any reason at Dinkum Deal's sole discretion, including but not limited to:
- Harassment by you of other users of the Website and our Smart phone applications;
- Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
- Posting by you of material on the Website and our Smart phone applications which promotes non Dinkum Deal authorised commercial activity;
- Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to others Websites and our Smart phone application users;
- Misuse by you of our content or of third party content posted on the Website and our Smart phone applications, including unauthorised reproduction of all or portions of this Website and our Smart phone applications or for posting false, misleading or harassing content or any content that you are not authorised to post; or
- Conduct by you that we consider detrimental to our business and our other Website and our Smart phone applications users.
3. Warranties and indemnification obligations
- To the maximum extent permitted by law, the service on this Website and our Smart phone applications is provided by Dinkum Deal on an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
- In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by Dinkum Deal and that, without limiting the foregoing, Dinkum Deal gives no warranty or representation as to:
- The results that may be obtained through the use of the Website and our Smart phone applications;
- The accuracy, reliability or otherwise of any information obtained from or displayed on this Website and our Smart phone applications;
- The Website and our Smart phone applications being available at any time or at all;
- The Website and our Smart phone applications being error free;
- To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless Dinkum Deal and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
- The use of the Website and our Smart phone applications;
- Any dispute between you and a Dealer;
- Any negligence by a Dealer in the provision of any product or service to you;
- Any loss or damage suffered by or through you arising from or related to the provision of any service by a Dealer; and
- Any loss or damage suffered by or through you arising from or related to the use of the Website and or our Smart phone applications.
- Dinkum Deal accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website and our Smart phone application, including any information provided by or relating to Dealers and other information which appears on the Website or our Smart phone applications. Information displayed on the Website and our Smart phone applications may be:
- Out of date;
- Inaccurate in whole or in part; or
- The result of duplication or confusion between Dealers where two or more Dealers have the same or similar name.
- Dinkum Deal will determine, in its sole discretion, the method by which it confirms to you the results of your use of our platform.
- Dinkum Deal is not liable for costs or damages suffered or incurred by you resulting from any communication directly between you and the Dealer.
- Once a deal has been concluded and invoiced, if there is any future dispute between the client (purchaser) and the dealer (seller), any monies paid by or received by Dinkum Deal are deemed non-refundable.
4. Review of content and Linked Third Party Websites and Information
- Dinkum Deal may from time to time review and remove content posted on our Website and our Smart phone applications by you and by other Website users at its sole discretion.
- Dinkum Deal reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law on the Website and our Smart phone applications.
- If you would like Dinkum Deal to review any material on our Website and or our Smart phone applications, please contact us by email at the address set out on this Website.
- The Website and Smart phone applications may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by Dinkum Deal and they are not endorsed by or affiliated with Dinkum Deal in any way, unless otherwise indicated on the Website and or our Smart phone applications.
- Dinkum Deal is not responsible for the content of any third party material appearing on the Website and our smart phone applications or any third party sites linked to the Website and our smart phone applications. Such information, advertisements or links are purely for information purposes only and are not endorsements by Dinkum Deal as to the quality, accuracy or completeness of the third party information or third party websites.
- If you decide to access any of the third party services or websites advertised or linked to our Website and or our smart phone applications, you do so entirely at your own risk and, as far as lawfully possible; Dinkum Deal accepts no liability or responsibility for your actions or omissions on the linked sites.
5. User Supplied Content
Subject to Dinkum Deal's legal obligations with respect to privacy:
- Any information or material submitted by you through any facility on our Website and or our Smart phone applications (User Material) will be considered as having been voluntarily submitted by you for use by Dinkum Deal and is not confidential. By providing Dinkum Deal with User Material via the Website or our Smart phone applications, you:
- Grant Dinkum Deala non-exclusive, royalty-free, perpetual, irrevocable and fully sub licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant DinkumDealthe right to publish the name you use to submit the User Material;
- You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in (i) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
- Agree to indemnify and hold Dinkum Dealand its directors, officers, agents and employees (for whom Dinkum Dealaccepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website and our smart phone applications of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of Dinkum Dealnever to bring any claim against Dinkum Dealrelated to any User Material or your name that you post on the Website and or our Smart phone applications.
- You represent and warrant in favour of Dinkum Dealthat you are authorised to submit any User Material you submit to Dinkum Dealand that Dinkum Dealis free to use any such User Material without any restriction or prior notice to you, whether for Dinkum Dealcommercial or non-commercial purposes and without any compensation to any person or entity.
6. How Dinkum Deal Earn
- We provide a service on our Website and our Smart phone applications which enable you to receive the best new vehicle car pricing, which are all provided by third parties.
- Our service is free for you to use. We receive payment from the third-party product providers, once you use our service and purchase products from them.
7. Client rewards
Dinkum Deal rewards each client who uses the software through the Website and or our Smart phone applications to receive the best custom supplied new car quote. The reward is paid once you, the client confirms the purchase of their vehicle through the software on our Website or Smart phone application. Once this information is then verified with the dealer, client name and invoice number, we will then send you the client a digital gift voucher to the value of $100.00. Dinkum Deal reserves the right to adjust the reward value at any time without notice and will do our best to keep the Website and Smart phone applications as up to date as possible. Dinkum Deal reserves the right to partner with any 3rd party to help better facilitate and offer our clientele more value.
8. Copyright in Website and Smart phone application Content
Copyright in all content contained on the Website and our Smart phone applications, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by Dinkum Deal or used by Dinkum Deal under licence.
9. Linking to the Website and Smart phone applications
- You may not make any part of the Website and our Smart phone applications available as part of another website by use of in line imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of Dinkum Deal.
- You will be liable for any direct or indirect damages to or loss suffered by Dinkum Deal due to unauthorised hyperlinking to or framing of our Website and our Smart phone applications and you agree that you will fully indemnify Dinkum Deal in respect of any loss or damage suffered by Dinkum Deal due to such actions.
10. Limitation of Liability
- Dinkum Deal does not charge fees to you for use of its service to receive new car quotes on this Website and or our Smart phone applications. To the maximum extent permitted by law, Dinkum Deal will not be liable to you for any direct, indirect consequential or any other damage you may incur as a result of your use of this Website and our Smart phone applications, which is entirely at your own risk.
- While Dinkum Deal takes all reasonable care to include accurate and up-to-date information on the Website and our Smart phone applications, the information provided should not be relied upon as being error free or accurate and Dinkum Deal makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website or our Smart phone applications, nor does it accept any responsibility arising in any way for errors or omissions.
- As far as lawfully possible, Dinkum Deal accepts no liability or responsibility for the actions or omissions of any other users of the Website in relation to the content contained herein.
- All information provided on the Website and our Smart phone applications is general in nature and does not constitute technical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
- In no event will Dinkum Deal be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website and or our Smart phone applications, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
- Dinkum Dea lis not responsible for the deletion, failure to store, misdelivery or untimely delivery of any material accessed through the Website and our Smart phone applications or external sites and will not be liable for any damage or loss whatsoever resulting from any users of the Website downloading or accessing any information or material through the Website and our Smart phone applications.
- Dinkum Deal does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website and our Smart phone applications (including hypertext links to external sites if any) for any reason whatsoever.
- Dinkum Deal does not guarantee that files or programs executed and/or downloaded from this Website or our Smart phone applications or provided via this Website and our Smart phone applications are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and Dinkum Deal is not liable for any such damage or interference which may be suffered in connection with use of our online services.
- Dinkum Deal does not guarantee the security of any information sent to the Website and or our Smart phone applications via the internet and such information is sent at the transmitter's own risk.
- Dinkum Deal does not endorse the content of advertisements appearing on the Website and or on our Smart phone applications and has no liability in respect thereof.
11. Changes to the Website and our Smart phone applications
- Dinkum Deal reserves the right to revise, change, modify or delete the content of any part of the Website and our Smart phone applications, including any product or service available through the Website and our Smart phone applications, at any time in its sole discretion and without prior written notice.
- Dinkum Deal reserves the right to terminate or restrict access to the Website and our Smart phone applications or modify, suspend or cancel any of the online services provided via the Website and our Smart phone applications at any time without notice.
Dinkum Deal reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website and Smart phone applications. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website and our Smart phone applications to review the current Terms by which you must abide.
13. Intellectual Property
- You acknowledge that all intellectual property contained on or within the Website and our Smart phone applications is and remains at all times the property of Dinkum Deal or the other parties identified. You agree not to use the information or other material on the Website and our Smart phone applications for any purpose or in any manner that would, in any way, infringe Dinkum Deal's intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from Dinkum Deal or the approval of the relevant copyright owner.
- Nothing displayed on the Website and our Smart phone applications grants any licence or right of use of any logo, or trade mark displayed without the express written permission of the relevant owner.
14. Dispute Resolution
- All questions or disputes relating to the Website and our Smart phone applications including these terms should be submitted to Dinkum Deal to resolve directly with you.
- Dinkum Deal will endeavour to resolve any disputes expeditiously.
- The User acknowledges that any complaints or enquiries in relation to any goods or services supplied by any Dealer will be directed to the Dealer in question.
- We will use and share personal information we have collected about you to provide our service and for our business purposes.
- We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
- Our third party service providers, including Dealers, may contact you from time to time as required to provide our service and to improve our service.
- You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website and or our Smart phone applications.
16. Applicable Laws
These Terms are governed by the laws of the State of Queensland, Australia.
17. Dinkum Deal's Policies
These Terms must be read with any policy we post on the Website, which policies form part of these Terms.
In this Agreement, unless the subject or context otherwise requires:
- A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
- The singular includes the plural and vice versa;
- A reference to an individual or person includes a corporation, firm partnership, joint venture, association, authority, trust, state or government and vice versa;
- A reference to any gender includes all genders;
- A reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to this Agreement; (vi) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
- A reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
- A reference to any party to this document or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns;
- Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
- A reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols in written form;
- A reference to a time is that time in Brisbane, Queensland;
- Except as otherwise provided, a reference to a period of time (including without limitation, a year or a month) is to calendar period; (m) a reference to the Corporations Act is to the Corporations Act 2001 (Cth);
- A reference to an "associate" of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, "control" means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
- A reference to "dollars" or "$" is to Australian currency.