Our services are available to individuals and businesses. Individuals agreeing to be bound by these terms on behalf of a business must be an officer or agent of that business who is authorised to enter into legally binding agreements on behalf of the business. We reserve the right to refuse to provide our services to any person or entity at any time, such refusal to be made at our sole discretion.
Information about us
www.right2drive.com.au is a site operated by Right2Drive Pty Ltd (‘We’). We are registered in Australia under ABN: 13 159 590 986. Our main trading address is: Lvl 1, 409 King Georges Road, BEVERLY HILLS NSW 2209.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms shall in all circumstances be limited to the price paid for the use of the service.
Information about you and your visits to our site
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our Site other than that set out above, please contact us.
Links from our site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
This Agreement is to be covered by the laws in force in New South Wales and the parties must submit to the exclusive jurisdiction of the courts in that place although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Acceptable use policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.right2drive.com.au (our Site). This Acceptable Use Policy applies to all users of, and visitors to, our Site.
Your use of our Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.
You may use our Site only for lawful purposes. You may not use our Site: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below); to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree: not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of Website Use; and not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.
In handling your personal information, Eclipx Group will comply with the Australian Privacy Act 1988, including the 13 Australian Privacy Principles), and/or the New Zealand Privacy Act 1993 (as applicable), and all other relevant laws, regulations and codes relating to privacy and personal information (‘Privacy Law’).
What kind of personal information do we collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual.
The kinds of personal information Eclipx Group collects and holds varies according to the specific product or service being provided and may include, but is not limited to, your:
In some circumstances, Eclipx Group may collect sensitive information about you, for example in relation to insurance claims. Sensitive information is a type of personal information and includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record. We will only collect sensitive information about you where we are permitted to do so by law.
How do we collect your personal information?
Where practicable we aim to collect your personal information directly from you. The circumstances in which we may do so will vary depending on the context in which we are dealing with you (for example, if you are a customer, according to the specific product or service we are providing) but can include, for example, when you are:
There may be occasions when we collect your personal information from other sources, such as from:
Generally, Eclipx Group will only collect your personal information from sources other than you if:
How we use your personal information
We collect, hold, use and disclose your personal information where it is reasonably necessary for the purposes of providing our products and services, for our other business purposes and for any necessary related purposes. These purposes include, but are not limited to:
Where personal information is used and disclosed, we take steps reasonable in the circumstances to ensure the personal information is relevant to the purposes for which it is to be used and disclosed. You are under no obligation to provide your personal information to us. However, without certain information from you, we may not be able to provide our services to you or any other relevant customer.
Disclosures of your personal information
We may disclose your personal information for purposes such as those listed above and we will always do so consistently with our privacy obligations.
Third parties to whom we may disclose your personal information include:
When you apply for, or we provide, vehicle leasing arrangements, we may access credit-related personal information about you through the credit reporting system.
We comply with all Privacy Law that applies to the collection, use and disclosure of credit information, including the Australian Credit Reporting Privacy Code and the New Zealand Credit Reporting Privacy Code 2004 (as applicable) in our handling of your credit-related personal information.
Credit-related personal information is a type of personal information which includes information:
Credit-related personal information that we may collect and hold includes:
We collect your credit-related personal information through your dealings with us or from those acting on your behalf. We may also obtain credit-related personal information from CRBs, who may include this information in reports provided to credit providers to assist them to assess your credit worthiness.
We collect, hold, use and disclose your credit-related personal information as reasonably necessary for our business purposes and as permitted by law, including:
We may disclose your credit-related personal information to:
We may disclose to Equifax, Dun & Bradstreet, or any other CRB, any failure by you to meet your payment obligations in relation to consumer credit and the fact that you have committed fraud or other serious credit infringement. Equifax and Dun & Bradstreet may include information which we provide in reports to other credit providers to assist them to assess your creditworthiness. These CRBs’ policies about the management of credit-related personal information may be obtained by contacting them on the below details:
Dun & Bradstreet
PO Box 964
NORTH SYDNEY NSW 2059
PO Box 7405, St Kilda Road
MELBOURNE VIC 3004
13 23 33
Private Bag 92156
Auckland Mail Centre AUCKLAND 1142
0800 692 733
PO Box 9589
Newmarket AUCKLAND 1031
0800 362 222
In Australia, you can ask a CRB not to use or disclose your credit-related personal information for a period of 21 days without your consent if you believe on reasonable grounds that you are, or are likely to be, a victim of fraud, including identity fraud.
In New Zealand, you can ask a CRB not to use or disclose your credit-related personal information for a period of 10 working days without your consent if you believe on reasonable grounds that you are, or are likely to be, a victim of fraud, including identity fraud.
CRBs may use credit-related personal information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a CRB not to do this.
We may disclose your personal information (including, where relevant, your credit-related personal information) to overseas recipients in order to provide our services and products and for administrative, data storage or other business management purposes. It is not practicable to list all of the countries to which your information may be transmitted from time to time, but we transfer information between Australia and New Zealand, and it is likely that other such countries will include the United States of America, the United Kingdom, Japan, Singapore and Hong Kong.
Before disclosing any personal information to an overseas recipient, we take steps reasonable in the circumstances to ensure the overseas recipient complies with relevant Privacy Laws or is bound by a substantially similar privacy scheme to that which is in place in New Zealand and Australia, unless you specifically consent to the overseas disclosure taking place without such steps being taken, or the disclosure is otherwise required or permitted by law.
We may use and disclose your personal information (including by sharing it between members of Eclipx Group) in order to inform you of products and services that may be of interest to you.
In the event that you do not wish to receive such communications, you can opt out by following the instructions for doing so in the communications we send to you.
Security of your personal information
We may hold your personal information (including your credit-related personal information) in physical form or in electronic form on our systems or the systems of our service providers.
We take steps reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff, and follow procedural safeguards that meet or exceed relevant Privacy Law.
We require third parties handling personal information on our behalf to follow equally compliant standards of security and confidentiality.
We will destroy or de-identify personal information in circumstances where it is no longer required, unless we are otherwise required or authorised by law to retain the information.
Access and correction to the personal information that we hold about you
We take steps reasonable in the circumstances to ensure that personal information we hold is accurate, up-to-date, complete, relevant and not misleading.
You have a right to access and seek correction of your personal information (including your credit-related personal information) that is collected and held by us. This is subject to some exceptions specified in the Privacy Act 1988 (Cth) (Australia), and the Privacy Act 1993 (New Zealand).
If at any time you would like to access or amend the personal information we hold about you, or you would like more information on our approach to privacy, please contact our Privacy Officer in accordance with the contact details set out below.
We will grant access to personal information to the extent required by applicable Privacy Law and will take reasonable steps to amend personal information where necessary and appropriate.
To obtain access to your personal information:
If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of the ways in which you can make a complaint. We will also take steps reasonable in the circumstances to provide you with access to your personal information in a manner that meets yours and our needs.
If you are dissatisfied with a refusal of a request to access or correct your credit information, you may make a complaint to the Australian Information Commissioner / New Zealand Privacy Commissioner or to an applicable external dispute resolution scheme if the Eclipx Group entity you are dealing with is a member (we will provide details of any such scheme in our response to such a request for access or correction).
In the event that we correct your personal information previously disclosed to another entity and you request that other entity to be notified of the correction, we will take reasonable steps in the circumstances to do so unless impracticable or unlawful.
Complaints and Disputes
If you wish to complain about the way in which we collect or handle your personal information, including your credit-related personal information, or if you believe we have breached any Privacy Law, you can contact our Privacy Officer using the details below.
Following a complaint, our Privacy Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. At all times, privacy complaints:
In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Australian Information Commissioner / New Zealand Privacy Commissioner or an applicable external dispute resolution scheme if relevant to the complaint and the Eclipx Group entity you are dealing with is a member (we will provide details of any such scheme in our response to such a request for access or correction).
How to contact us
Please direct all privacy queries and complaints to our Privacy Officer at:
Mail: Privacy Officer,
1 O’Connell Street
Sydney NSW 2000