Product Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
USER SUBSCRIPTION LICENCE
Autodata is a limited company registered in England and Wales under company number 01062727 with its Australia office at Autodata Australia, PO Box 802, Capalaba Qld.
Access to Autodata’s database by You is controlled by an electronic permit activated by entering a username and password. The usernames and passwords are supplied by Autodata or its authorised agent on a subscription basis.
By accessing Autodata’s database and by paying the Subscription Fee, You agree to be bound by the terms and conditions of this Licence Agreement. In exchange, Autodata will grant You a licence to access and use the Autodata Information on the following terms and conditions:
In this Licence Agreement, the following words will have the following meanings:
“Autodata Information” means the information gathered by Autodata and published on the Subscription Area of the Autodata Website;
“Autodata Website” means the website at workshop.autodata-group.com or such other website that Autodata may notify to You;
“Intellectual Property Rights” mean any patents, copyright, designs, utility models, trademarks, trade names, domain names, database rights, rights in know-how and confidential information and all other intellectual and industrial property and similar, whether registered or unregistered or analogous rights existing under the laws of any country;
“Licence Agreement” means this User Subscription Licence/Product Terms and Conditions;
“Registration Form” means the form (electronic or otherwise) completed by setting out Your details, the Subscription Period and the Subscription Fee payable; where there is any inconsistency between this Licence Agreement and the Registration Form, the terms and conditions of this Licence Agreement shall prevail;
“Subscription Area” means that part of the Autodata Website which is only accessible by entering a valid username and password and which contains the Autodata Information;
“Subscription Fee” means the fee agreed between You and Autodata, as are set out in the Registration Form;
“Subscription Period” means the period for which You have paid the Subscription Fee to access the Autodata Information as set out on the Registration Form; and
“You” means the organisation paying to have access to the Autodata Information, and
“Your” will be construed accordingly.
2. Licence Grant
2.1. On receipt of the correctly completed Registration Form and in consideration of (and receipt of) payment by You of Subscription Fee to Autodata, Autodata grants You online-only access to the Subscription Area and grants You a personal, non-exclusive, non-transferable, revocable, limited licence (the “Licence”) to view the Autodata Information on the Subscription Area for the Subscription Period subject to the terms and conditions of this Licence Agreement. Notwithstanding anything to the contrary in this Licence Agreement or the Registration Form and for the avoidance of doubt, if the Subscription Period is equivalent to or set out as one day or one month, then the Licence shall be restricted to a single user only with a license copy number of one only and the Licence shall also exclude any access to any Autodata training modules, information, or materials including but not limited to the ones contained in any Autodata Information (i.e. You shall not have any access to any Autodata training modules, information, or materials whatsoever).
2.2. The Licence granted under clause 2.1 is issued in respect of the single physical site or address stated on the Registration Form and covers the viewing of Autodata Information by a single internet-connected device in use at any given time at that location. You will be issued with a single username and password and will ensure that such username and password are not disclosed to any third party or used other than as permitted in these terms and conditions. You agree to indemnify Autodata from and against any loss, liability, damages or costs to Autodata or third parties from Your failure to comply with this obligation. You shall notify Autodata in writing immediately if the security of a password has been compromised.
2.3. Viewing of the Autodata Information by additional Internet-connected devices at the location applicable in paragraph 2.2 will be granted at Autodata’s discretion and will be subject to the completion of further Registration Forms and additional subscription fees, for which additional usernames and passwords will be issued.
2.4. You may only use the Autodata Information as a source of reference for the purposes of maintaining and repairing motor vehicles.
2.5. Only You and Your employees are authorised to use the username and password Autodata gives to You in accordance with paragraph 2.2, and You will not disclose or authorise the disclosure of the username and password on to any other party.
2.6. You may not use, copy, download, rent, lend, lease, sell, distribute, transmit or otherwise transfer any Autodata Information or any copy, modification, translation or adaptation of any Autodata Information except as permitted by law or expressly set out in this Licence Agreement. You may not “crawl” or otherwise access the Autodata Information, whether manually or by automated means, to reproduce any part of the Autodata Information in any form. You may not reverse compile, disassemble, reverse engineer or create derivative works based on all or any portion of the Autodata Information.
2.7. During the Subscription Period and for a period of 12 months following its termination (for whatsoever reason), You must permit Autodata and its representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any systems, any premises, and to the computer equipment located there, at which the Autodata Information is (or was) being used, and any records kept pursuant to this Licence Agreement, for the purpose of ensuring that You are complying with this Licence Agreement.
2.8. You agree that Autodata may monitor Your online use of the Subscription Area, for example to ensure compliance with this paragraph 2 or to collect statistics relating to the use of the Autodata Website. If Autodata reasonably establishes that you are accessing or otherwise using the Subscription Area other than in accordance with this Licence, Autodata has the right to immediately suspend or terminate your access to the Subscription Area with no obligation to repay You any part of the Subscription Fee.
2.9. You agree that in the course of Your use of the Subscription Area, You may choose to upload to the Subscription Area for ease of reference certain information relating to You or Your customers or commercial partners (including details of your physical location(s), names of Your employees accessing the Subscription Area, makes and models of motor vehicles owned by Your customers or commercial partners, etc.). Such information remains Your property at all times, and You can choose to delete such information from the Subscription Area at any time. By uploading such information to the Subscription Area, You consent to Autodata storing a copy of that information. Autodata shall comply with all statutory requirements relating to processing of such information, and will ensure the privacy of such information at all times.
2.10. You may not use (or permit to be used by any third party) the Autodata Information in relation to the maintenance or repair of any motor vehicles which are or may reasonably be suspected to be used for military purposes or in connection with the transportation or storage of weapons of mass destruction, or otherwise in contravention of European Union or any other regulations. You must immediately notify Autodata in writing if you become aware of or suspect that the Autodata Information made available to You or Your access to the Subscription Area has been used in this way.
2.11. You must comply with all applicable laws and regulations in force from time to time in the location from which you access the Autodata Information and the Subscription Area, and must not use (or permit to be used) the Autodata Information in connection with any illegal activities.
3.1. Unless Autodata terminates it in accordance with clauses 2.8 above or 6.2 below, this Licence Agreement will begin on the date on which Autodata issues You with a username and password to access the Subscription Area and will continue for the Subscription Period.
3.2. Unless we receive notice from you within the last 30 days of the Subscription Period (and any subsequent renewals thereof) that you wish to terminate this Licence Agreement, this Licence Agreement will be automatically renewed for a further Subscription Period of 12 months or to the period specified in your contract where relevant, and you will be required to pay a further fee. This further fee will be automatically charged to any payment means that you have authorised us to retain on our records, or where relevant to the channel through which you purchased your subscription, otherwise you will be issued with an invoice. If You do not pay the further Subscription Fee in respect of any renewal of this Licence Agreement when it falls due, Autodata may suspend or terminate your access to the Subscription Area. Notwithstanding anything to the contrary in this Licence Agreement or the Registration Form and for the avoidance of doubt, if the Subscription Period is equivalent to or set out as one day or one month, then this Licence Agreement shall automatically end, terminate, and/or expire at the end of such Subscription Period and shall not renew whatsoever.
3.3. Autodata may alter or change the Subscription Fee or any other fees, charges, or monies under or in relation to this Licence Agreement by written notice to You (including via electronic communication or email).
4. Warranties and Indemnities
4.1. The Autodata Information has been compiled by Autodata from information supplied by vehicle and component manufacturers and from the results of tests carried out by Autodata and assumes an appropriate level of skill and competence. All reasonable care has been taken to ensure the accuracy of such information. Nevertheless, Autodata gives no warranty that the Autodata Information is complete or accurate and, to the maximum extent permitted by law, Autodata will accept no liability arising from any inaccuracy or incompleteness of the Autodata Information.
4.2. The Autodata Information was compiled for use with vehicles manufactured to European specifications. You should be aware that in countries outside Europe model names and descriptions and the specifications relating to them may differ from those listed in the Autodata Information.
4.3. Unless specifically stated by the vehicle manufacturer, Autodata does not recommend the use of any additives, cleaners or treatments. Autodata will accept no liability arising from the use of such additives, which may cause damage and potentially invalidate the vehicle warranty.
4.4. The Autodata Information is provided ‘AS IS’ and all conditions or warranties express or implied, statutory or otherwise (including without limitation those pertaining to accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose (whether or not notified) of any product) are hereby excluded.
4.5. Autodata makes all reasonable efforts to ensure the Autodata Website is free from computer viruses, Trojans and other malicious code, however You should ensure that You use adequate, up to date, anti-virus software. Autodata will accept no liability arising from any infection by computer viruses or other malicious code.
4.6. Autodata makes all reasonable efforts to ensure that the Autodata Website is available. On some rare occasions the number of users accessing it may cause it to run slowly, and on other occasions, it may be temporarily unavailable whilst it is being serviced or repaired. Whilst Autodata will endeavour to warn users of scheduled service interruptions, Autodata does not warrant that the site will be accessible at all times. To the maximum extent permitted by law, Autodata will accept no liability arising from the inability of users to access the Autodata Information or any slow running of the Autodata website.
4.7. Your sole remedy and the entire liability of Autodata are as set out in this Licence Agreement and in no event shall Autodata be liable to You or any other person for any loss of revenue, loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or any indirect or consequential loss or damages however caused which arise directly or indirectly from the subject matter of this Licence Agreement or the use or inability to use the Autodata Website.
4.8. You hereby indemnify and hold harmless Autodata from and against all liability, cost (including legal costs), damage, loss, action, claim or proceedings arising directly or indirectly as a result of any unauthorised use by You (or Your employees or any third party to whom You or Your Employees have granted access to the Autodata Information) of the Autodata Information or of the Autodata Website, whether in compliance with the terms of this Licence Agreement or otherwise. You will provide Autodata with any evidence or information in your possession or control reasonably requested by Autodata in relation to your use of the Autodata Information in the event that Autodata is subjected to any challenge, claim, or complaint relating to your use of the Autodata Information.
4.9. Except as set out in this Licence Agreement or as required by law, no other warranties (whether express or implied) are made in respect of the Autodata Information or the Autodata Website. Nothing in this Agreement shall operate to exclude or restrict the liability of either Party for death or personal injury due to its negligence, nor for fraudulent misrepresentation, or any liability which cannot be excluded by law.
5. Rights in the Autodata Information
5.1. All Intellectual Property Rights in the Autodata Information are owned by Autodata Limited and/or its licensors. You shall not have any rights in or to the Autodata Information other than the rights specifically granted under this Licence Agreement and the Registration Form and all rights not expressly granted to You are reserved by Autodata.
5.2. The copyright and database rights notice included in Autodata Information must at all times remain an integral part of the Autodata Information and any permitted copy.
5.3. AUTODATA and the Autodata logo are registered trademarks of Autodata Limited.
5.4. You hereby assign (and shall procure the assignment from any of Your employees) at no cost to Autodata all rights (including copyright) in any content relating to the repair and maintenance of motor vehicles that You provide or make available (e.g. by email or by posting on Autodata’s user forums or such similar other public facilities owned or operated by Autodata) to Autodata which supplements the Autodata Information.
6.1. You shall not transfer, assign, sub-license or otherwise dispose of all or any part of this Licence Agreement, or any of Your rights or obligations arising under it without the prior written consent of Autodata.
6.2. In the event that You fail to comply with the terms and conditions of this Licence Agreement, Autodata shall be entitled to terminate this Licence Agreement granted to You with immediate effect and without notice. On expiry of this Licence Agreement for whatsoever reason, all rights granted to You under this Licence Agreement shall cease.
6.3. You consent to Autodata storing Your payment information to facilitate payment of future subscription fees. Autodata shall comply with all data protection legislation in the storing and processing of any personal data.
6.4. Autodata may update the terms of this Licence Agreement from time to time by written notice to You (including via electronic communication or email).
6.5. If any provision of this Licence Agreement is declared void or unenforceable the remaining provisions of this Licence Agreement shall remain in full force and effect.
6.6. Nothing in this Licence Agreement shall be deemed to constitute a partnership between the Parties nor constitute any Party to be the agent of the other Party.
6.7. Nothing in this Licence Agreement is intended to confer any benefit on any third party (whether such benefit would have arisen under any statute or otherwise) and no term will be enforceable by any third party.
6.8. This Licence Agreement and the Registration Form constitute the entire agreement between You and Autodata and supersedes any previous arrangement, understanding or agreement between You and Autodata relating to the Autodata Information. To the extent that there is a discrepancy between this Licence Agreement and the Registration Form, the terms of this Licence Agreement shall prevail.
6.9. This Licence Agreement shall be governed by and construed in accordance with the laws of Queensland and the Courts of Queensland shall have non-exclusive jurisdiction.
6.10 Notwithstanding anything to the contrary in this Licence Agreement or the Registration Form and for the avoidance of doubt, if the Subscription Period is equivalent to or set out as one day or one month, then payment for the Subscription Fee must be done via credit card only and no other forms of payment are accepted.
6.11. Notwithstanding anything to the contrary in this Licence Agreement or the Registration Form and for the avoidance of doubt, if You are to access or utilise any electric vehicle safety data or information held by Autodata (“EV Safety Data”), then Autodata may at its sole and absolute discretion require You to undergo user ID verification before granting You any access or utilisation of any EV Safety Data, and if You fail to provide or pass such ID verification then You shall be denied any and all access to the EV Safety Data at Autodata’s sole and absolute discretion.
7.2. Please be aware that should You choose to disable or remove cookies it may prevent You from taking full advantage of the application and some of the application functionality may fail to work.
8. Data Protection
Autodata and You agree that employees and users authorized by You to access Autodata’s systems or services may provide contact and other information to facilitate access to Autodata’s systems or services. Autodata may also collect technical and usage data about how and when users access Autodata’s systems and services and any personal data you input into Autodata systems. Autodata is the controller of personal data. You agree to provide Your employees and users with notice of processing. Autodata may transfer personal to other countries including the UK, EU and USA for the provision of services.
9. Export Control
You acknowledge that the Autodata Information (including, but not limited to, Subscription Area) provided under this License Agreement may be subject to export laws and regulations of the USA, EU, UK and other countries, and any use or transfer of the Autodata Information must be in compliance with all applicable regulations. You will not use, distribute, transfer, or transmit the Autodata Information except in compliance with all applicable export regulations.