Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or using the thelemoncheck.com website, or by placing an order or purchasing a search, report, or certificate through this website ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the website or Services. We may revise, amend, or update these Terms from time to time. Any changes will take effect for orders and Services purchased after the date the updated Terms are published on this website, and will not apply retrospectively to Services already purchased or completed. We recommend reviewing these Terms each time you use the website.

2. Consumer Guarantees Acknowledgment

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (ACL) or any other applicable law that cannot lawfully be excluded, restricted, or modified. Where our Services are not of a kind ordinarily acquired for personal, domestic, or household use, and to the extent permitted by section 64A of the ACL, our liability for failing to meet a consumer guarantee is limited, at our option, to one or more of the following: (a) resupplying the Services or paying the cost of having the Services resupplied; or (b) refunding the amount you paid for the affected Services.

3. Disclaimer & Limitation of Liability

3.1 Information services only

We provide information, search, and certificate retrieval services only. We do not provide legal, financial, or valuation advice, including in relation to the Personal Property Securities Act 2009 (Cth) (PPSA), priority rules, or competing security interests. You should seek independent professional advice before relying on any search result, report, or certificate for a transaction of significant value.

3.2 Accuracy of third-party data

Our Services rely on searching publicly available registers, including the Personal Property Securities Register (PPSR) and the National Exchange of Vehicle and Driver Information System (NEVDIS). We use reasonable care and skill in conducting searches using the search terms you provide, but: (a) results can be no more accurate, current, or complete than the source register at the time of the search; (b) we do not warrant that a search will identify all relevant information, particularly where the request contains incomplete, incorrect, or ambiguous details (including VINs, HINs, chassis numbers, or registration numbers) or where the source register is unavailable or contains incorrect data; (c) vehicles that have been unregistered for any period may not appear in NEVDIS, and searches for such vehicles may return limited or no NEVDIS information; and (d) 14-day access is given to confirm whether a change to a financial interest may have occurred, and must be confirmed by you with a new Lemon Check and PPSR certificate before you rely on it.

3.3 General website content

While we make reasonable efforts to keep information on this website current and accurate, it is provided for general informational purposes, and we do not warrant its accuracy, adequacy, or completeness.

3.4 User error

We are not responsible for loss arising from your own errors, including incorrectly entered email addresses, identification numbers, or payment details, or from prematurely closing or refreshing your browser during a transaction. Refunds are not available for Services affected solely by such errors, without limiting any rights you have under the ACL.

3.5 Limitation of liability

To the maximum extent permitted by law, and subject to clause 2 above: (a) we exclude all liability for indirect, consequential, or special loss, loss of profits, loss of revenue, or loss of data, arising from or in connection with the Services or this website; and (b) our total aggregate liability to you arising from or in connection with the Services, however arising (including in contract, tort, or under statute), is limited to the total fees paid by you for the Service giving rise to the claim.

3.6

Nothing in this clause excludes or limits liability for death, personal injury, fraud, or any other liability that cannot be excluded or limited by law.

4. Indemnity

You must indemnify us against any loss, cost, expense (including reasonable legal costs), or damage we suffer arising from: (a) your breach of these Terms; (b) your unlawful conduct or misuse of the website or Services; or (c) any information you provide to us being false, misleading, or inaccurate, except to the extent that the loss, cost, expense, or damage was caused or contributed to by our negligence, breach of these Terms, or breach of law.

5. Access Outside Australia

We do not represent that the website or Services are appropriate, lawful, or available for use outside Australia. If you access the website from outside Australia, you do so at your own initiative and are responsible for compliance with local laws.

6. Copyright

Copyright on this website is owned & licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website, or commercialise any information, products or services obtained from any part of this website.

7. Privacy

We handle personal information in accordance with our Privacy Policy, available at www.thelemoncheck.com/privacy, which forms part of these Terms. By using this website, you consent to the collection, use, and disclosure of your personal information as described in that Policy.

8. Severability

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.