Terms of use—check high-powered vehicle service
You are required to read and agree to the following terms of use to access the Queensland check high-powered vehicle online service.
The online service and the information are provided as a guide as to the classification of vehicles as a high-powered vehicle (as defined in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021).
For a high-powered vehicle manufactured before 1 January 2010, you will be directed to a third party website to obtain confirmation about whether the vehicle is a high-powered vehicle.
The information may not take into account any modifications which have been made to the vehicle.
If you do not comply with these terms of use, penalties may apply under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.
In these terms of use:
- ‘We,’ ‘us’ or ‘our’ means the State of Queensland (represented by the Department of Transport and Main Roads) and our successors.
- ‘You’ and ‘your’ means the legal entity or entities using the online service.
- ‘The criteria’ means the criteria used to classify a vehicle as a high-powered vehicle.
- ‘High-powered vehicle’ means high-powered vehicle as defined in Schedule 9 of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.
- ‘The information’ means information gathered from a variety of sources, including from us, and includes:
a. some of the vehicle's details, and
b. whether or not the vehicle is a high-powered vehicle where the high-powered vehicle is manufactured on or after 1 January 2010. - ‘The online service’ means the Queensland check high-powered vehicle online service which includes the information.
1. Disclaimer
1.1 We are not responsible for all of the information provided. The information may be created and managed by us or third parties and we do not independently verify the accuracy of all of the information.
1.2 Whilst all reasonable care is taken in producing the online service, neither we nor third parties can guarantee or make any representations regarding the use of, or reliance on, this online service.
1.3 Factors external to either us or third parties or both may impact on the criteria, the information, or the online service and may affect the accuracy, currency, availability, completeness, quality, reliability or status of the criteria, the information or the online service.
1.4 We do not guarantee, and accept no legal liability arising from the accuracy, reliability, currency or completeness of the information or the online service.
1.5 You should not rely on the online service without making your own independent assessment of the vehicle (including but not limited to any modifications which may have been made to the vehicle) and other sources of information.
1.6 The information is for you only and may not be used to provide advice to others and is not suitable for use in legal proceedings.
1.7 In providing the online service to you, we do not assume a duty of care to you. We do not have any responsibility to inform you of any matter coming to our notice which may affect the criteria, the information or the online service in any way.
1.8 If a law of Queensland prohibits or restricts your use of a class of vehicle or a particular vehicle, we are not required to and we make no representations that we advise you, through the online service, which vehicle you may drive or must not drive.
2. Indemnity which you give
2.1 Without limiting any other terms herein, you indemnify us, our officers, employees, contractors and agents, for any breach of any of the terms or warranties contained in these terms of use by you.
2.2 You also agree to indemnify us, our officers, employees, contractors and agents, against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by any third party directly or indirectly out of or in connection with:
a. your use of the online service or any linked website
b. your use of or reliance on the information, or
c. your breach of these terms of use for the online service.
3. Exclusion of warranties
3.1 The online service is provided on an 'AS IS' and 'AS AVAILABLE' basis and without warranties of any kind, expressed or implied except any of which may be implied, by statute and are incapable of exclusion.
3.2 To the maximum extent permitted by law, we exclude, and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to:
the content, accuracy, currency, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of the information, the online service or any material on the online service:
a. the performance of the online service, or
b. the performance or suitability of any vehicle identified in the online service.
3.3 You acknowledge that you must make your own inquiries and/or seek independent advice before acting or relying on the information, the online service or material which appears on the online service.
4. Your risk
4.1 You obtain access to the online service at your own risk and we accept no responsibility for any interference, loss, damage or disruption to your own computer system which arises in connection with your use of the online service or any linked website. You must take your own precautions to ensure that the process which you employ to obtain access to the online service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
5. Exclusion of liability
5.1 To the maximum extent permitted by law, we exclude all liability for any loss, liability, claim, demand, damage or expense (including legal fees) whatsoever which is suffered or may be put to us, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
a. the use of, reliance on, or action taken as a result of, the information, the online service or material on the online service, for business decisions or otherwise
b. the information or the online service being out of date
c. accessing and using the online service and/or participating in any on-line activities contained therein, or
d. any interruption, suspension or termination of the online service in whole or in part for whatever reason.
6. Release from claims etc.
6.1 You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against us, related bodies corporate, directors, officers, employees, contractors, agents and representatives in connection with, or arising out of, or incidental to, your access to or use of the online service.
6.2 You release and indemnify us, related bodies corporate, directors, officers, employees, contractors, agents and representatives from and against any liability for any loss, liability, claim, demand, damage or expense (including legal fees) however caused (including through negligence), which you or any other person may directly or indirectly suffer arising directly or indirectly out of or in connection with:
a. your use of the online service or any linked website
b. your use of or reliance on the information
c. a breach of these terms of use by any person, or
d. the use by any other person of the information, the online service or material on the online service.
7. Exclusion of liability—scope
7.1 Our exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if we have been notified of the possibility of such loss or damage.
8. Your contribution to loss
8.1 You agree that any legal liability on our part will be reduced by the extent, if any, to which you contributed to the loss.
9. Non-excludable liability (if any)
9.1 These terms of use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
10. Third party websites
10.1 We do not approve, endorse, recommend or sponsor sites linked to the online service, their owners or operators, or any information, graphics, materials, products or services referred to or contained on linked websites, unless specifically stated.
10.2 We are not responsible for the content of linked websites and make no representation as to the accuracy of any material on those websites.
10.3 We, to the maximum extent possible, exclude liability for any loss suffered as a result of use of a third party website, or reliance on the information contained on third party websites.
11. Future changes
11.1 We may amend, delete, add to, or otherwise revise this online service, the information, these terms of use or materials contained on the online service at any time without notice to you. It is your responsibility to monitor any such changes.
11.2 All changes are effective from the date they are posted on the online service and your continued use of the online service will constitute your acceptance of the variation of these terms of use.
12. Termination
12.1 We may terminate, the online service, your use of the online service, your access to the information and any agreements we may have with you in relation to the online service, your use of the online service or your access to the information at any time without notice to you.
13. Governing law
13.1 These terms of use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.
14. Jurisdiction
14.1 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
15. Further information
15.1 The Personal Property Security Register (PPSR) may provide more detailed information regarding the vehicle such as any encumbrances over the vehicle or if the vehicle is recorded as stolen or written off.