Terms of Service

TERMS OF SERVICE

Effective Date: 21 April 2025   |   Last Updated: 21 April 2025   |   Version: 1.0

IMPORTANT — PLEASE READ CAREFULLY

By accessing or using Drroadworthy.com.au, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use the Platform. These Terms constitute a legally binding agreement under Australian law.

1. Agreement to Terms

These Terms of Service (‘Terms’) govern your access to and use of the Drroadworthy.com.au website and services (‘Platform’, ‘we’, ‘us’, or ‘our’). These Terms are governed by the laws of Queensland, Australia.

By registering an account, submitting a review, or simply browsing the Platform, you agree to these Terms and our Privacy Policy. If you are using the Platform on behalf of an organisation or business, you represent that you have authority to bind that entity to these Terms.

2. Eligibility & Account Registration
2.1 Age Requirement

You must be at least 15 years of age to create an account and use the full features of the Platform. By registering, you confirm that you meet this requirement.

2.2 Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2.3 One Account Per Person

You may maintain only one personal account. Creating multiple accounts to circumvent bans, post additional reviews for the same business, or manipulate ratings is prohibited.

2.4 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, without prior notice, in our sole discretion.

3. User Content — Reviews, Ratings & Posts
3.1 Accuracy and Honesty

You agree that all reviews, ratings, comments, and other content you post (‘User Content’) are:

Based on your genuine, first-hand experience with the reviewed business
Accurate and truthful to the best of your knowledge
Your own original content and do not infringe any third-party rights

3.2 ACCC Online Reviews Requirements

The Australian Competition and Consumer Commission (ACCC) actively regulates online reviews under the Australian Consumer Law. In accordance with ACCC guidance, you must NOT:

Post a fake, commissioned, or incentivised review
Write a review for a business where you have a conflict of interest (e.g. owner, employee, family member)
Post a review about a competitor without genuine experience
Post reviews solicited or paid for by a business

Violation of ACCC online review standards may constitute misleading or deceptive conduct under the Australian Consumer Law and may result in civil penalties for both the poster and the business.

3.3 Prohibited Content

The following content is strictly prohibited on the Platform:

Defamatory, false, or misleading statements
Content that harasses, vilifies, or discriminates based on race, sex, religion, disability, sexual orientation, or other protected attributes under Australian law
Content that includes personal information of third parties without consent
Spam, advertising, or promotional content
Content that breaches any Australian law, including the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984
Content that contains profanity, obscenity, or inappropriate imagery

3.4 Licence to User Content

By posting User Content, you grant Drroadworthy.com.au a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, display, and distribute your content for the purposes of operating and promoting the Platform. You retain ownership of your content.

3.5 Content Moderation

We reserve the right (but not the obligation) to review, edit, or remove User Content at our discretion. We may remove content that we believe, in good faith, violates these Terms, Australian law, or is otherwise inappropriate. We are not responsible for user-generated content posted by third parties.

4. Business Listings
4.1 Accuracy of Listings

Business information listed on the Platform may be submitted by the business owner or sourced from public records. We take reasonable steps to maintain accuracy but cannot guarantee that all listing details (hours, address, credentials, prices) are current. Always verify directly with the business before attending.

4.2 Licence Verification Disclaimer

Drroadworthy.com.au does not verify the current licensing, certification, or accreditation status of any listed business. It is your responsibility to confirm that any roadworthy inspector or mechanic holds the required authorisations under your state or territory’s transport laws.

4.3 Business Responses

Businesses may respond to reviews posted about them. Business responses are their own User Content and do not represent the views or endorsement of Drroadworthy.com.au.

5. Intellectual Property

All content on the Platform not provided by users — including the website design, logos, text, data compilations, software, and graphics — is owned by or licensed to Drroadworthy.com.au and is protected by Australian and international intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from our proprietary content without our prior written consent. Fair dealing exceptions under the Copyright Act 1968 (Cth) apply.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) or any other applicable Australian consumer protection legislation. This includes any applicable Consumer Guarantees.

To the extent that any provision of these Terms is inconsistent with the Australian Consumer Law, the Australian Consumer Law will prevail.

7. Disclaimers & Limitation of Liability
7.1 Platform Provided ‘As Is’

The Platform is provided on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by Australian law, we disclaim all warranties, express or implied, regarding the Platform’s accuracy, completeness, reliability, or fitness for a particular purpose.

7.2 No Endorsement of Reviewed Businesses

Reviews, ratings, and recommendations on the Platform reflect the personal opinions of users and do not constitute professional automotive, legal, or mechanical advice. Drroadworthy.com.au does not endorse any particular business or service provider.

7.3 Limitation of Liability

Subject to Section 6 (Australian Consumer Law), our total liability to you for any loss or damage arising from your use of the Platform is limited to AUD $100 or the amount you paid to us in the 12 months prior to the claim, whichever is greater.

We are not liable for: indirect, incidental, or consequential loss; loss of data; loss of business opportunity; or damage arising from your reliance on user-generated content. This limitation does not apply to liability that cannot be excluded under Australian law.

7.4 Third-Party Links

The Platform may contain links to third-party websites. We do not control these websites and are not responsible for their content, privacy practices, or accuracy.

8. Defamation & Legal Liability for Reviews

Under Australian law, including the Defamation Act 2005 (as amended by the Defamation Amendment Act 2021), you may be personally liable for defamatory content you post. DrRoadWorthy.com.au may be required to assist in identifying you if a court order is obtained.

You indemnify Drroadworthy.com.au against any claims, damages, costs, or expenses (including legal fees) arising from User Content you post in breach of these Terms or Australian law.

We take reasonable steps to qualify for the ‘innocent dissemination’ defence under Australian defamation law. Upon receiving a valid complaint, we will assess and may remove content that is plausibly defamatory while the matter is being resolved.

9. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms and is incorporated by reference. By using the Platform, you agree to the terms of our Privacy Policy, available at www.drroadworthy.com.au/privacy-policy.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by:

Updating the ‘Last Updated’ date on this page
Displaying a notice on the Platform for 30 days
Emailing registered users for significant changes

Continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law & Dispute Resolution
11.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland for any dispute arising from these Terms or your use of the Platform.

11.2 Dispute Resolution

We encourage resolution of disputes informally in the first instance. Please contact us at legal@drroadworthy.com.au. If a dispute cannot be resolved within 30 days, either party may refer the matter to mediation through the Queensland Civil and Administrative Tribunal (QCAT) or another agreed mediator.

11.3 Consumer Complaints

If you are a consumer and believe we have breached the Australian Consumer Law, you may also contact the ACCC at www.accc.gov.au or your state/territory consumer protection agency.

12. Contact Us

Legal & Terms Enquiries: liz@drroadworthy.com.au

Privacy Enquiries: liz@drroadworthy.com.au

General Contact: www.drroadworthy.com.au/contact

Governing Jurisdiction: Queensland, Australia

This document does not constitute legal advice. Drroadworthy.com.au recommends seeking independent legal counsel for specific legal matters.