Terms

1. About these terms

These terms are an agreement between you and DisputeX Pty Ltd (ABN 81 699 300 260), the business behind DisputeX ("DisputeX", "we", "us"). They apply when you use disputex.com.au, start a market value check, or buy a report.

By starting a check you agree to these terms, our privacy policy and our collection notice. If you don't agree, please don't use DisputeX.

You can contact us at support@disputex.com.au or through our contact page.

2. What DisputeX does

DisputeX is a document preparation service. It helps you compare your insurer's market value offer for a written-off car with cars for sale in your state. You provide your insurer's offer, your car's details and kilometres, listings of comparable cars that you choose, and invoices (or current listings) for any accessories. DisputeX calculates a figure from that information using the method published on our How we calculate page, and prepares a report you can send to your insurer yourself.

Seeing your result is free. The full report, on screen and as a PDF, is paid.

3. What DisputeX doesn't do

So that it's clear what you're buying, DisputeX:

• doesn't give legal or financial advice, and doesn't hold an Australian financial services licence
• doesn't recommend whether or how to pursue, negotiate, settle or complain about your claim, and doesn't give an opinion on it
• isn't a licensed valuer, a motor vehicle assessor or a loss assessor, and doesn't inspect your car
• isn't your insurer, a law firm, a claims representative or your agent
• doesn't contact your insurer, act or negotiate for you, or receive replies from your insurer
• doesn't predict, promise or influence what your insurer, the Australian Financial Complaints Authority (AFCA) or anyone else decides
• doesn't check that listings, invoices or documents are accurate, current or genuine

Anything on the site or in your report is general information only. It doesn't take into account your objectives, financial situation or needs, or the terms of your policy. If you need advice about your situation, speak to a lawyer, a financial counsellor or a free community legal centre.

4. Who can use DisputeX

You must be 18 or older, and the check must be about a car in Australia. If you're using DisputeX for someone else, such as a family member, you must have their permission to use their information and documents, and these terms apply to you.

The check is designed for claims that pay the market value of the car: a comprehensive policy for market value, or a claim against another driver's insurer when you aren't insured. It doesn't apply to agreed value policies.

5. Your information and your responsibilities

The report is only as accurate as the information it's built from. You agree that:

• the information, documents, listings and invoices you provide are true, accurate and not altered, to the best of your knowledge
• you have the right to upload each document and image, and you've cropped out other people's personal details where you can, such as a seller's name or phone number
• you'll check everything DisputeX reads from a document or screenshot, and correct it before it's used
• you'll read your report before you send it to anyone, and you're responsible for what you send
• you won't use DisputeX or a report to mislead your insurer, AFCA or anyone else

We may refuse, pause or delete a check that we reasonably believe uses false or altered documents or breaches these terms. If we do that before you receive your report, we'll refund what you paid for it.

6. Comparable listings and other websites

You find comparable listings yourself, in your own browser. DisputeX can open searches on listing websites for you, but it doesn't search, copy or collect listings from any website. Your use of those websites is under their own terms.

Listings show advertised prices, which can differ from the price a car sells for. Which listings you choose, and how closely they match your car, affects the result. DisputeX isn't affiliated with, or endorsed by, any listing website, valuation provider, insurer or AFCA.

7. Automated reading and calculation

DisputeX uses automated tools, including an artificial intelligence service, to read details from documents and screenshots you upload. These tools can make mistakes, so everything they read is shown to you to confirm or correct before it's used. The calculation is then done automatically, using the figures you confirmed.

We may update the method or its settings from time to time and publish the change on our How we calculate page. Your report records the figures used for your check.

8. AFCA's published approach

Your report quotes a public document published by AFCA, The AFCA Approach to motor vehicle total loss complaints, including its definition of market value. AFCA decides each complaint on its own facts and says the document is a guide only. Quoting it isn't a statement about how your claim or any complaint would be decided.

9. Price and payment

The report is a one-off payment of $49, including GST, shown on the report page before you pay. There's no subscription, trial or automatic renewal, and no other fees.

We may offer a one-off discount on the report page for a limited time, shown with its end time. A discount applies only to the check it's shown on and only until that time.

If our figure is in line with your insurer's offer under the method, we'll tell you before you pay, and buying the report is optional.

Payments are processed by Stripe. We don't see or store your full card details. After payment we email you a tax invoice (if you gave us your email), and it's also available from your report page.

We may change the price for future checks. A change doesn't affect a report you've already paid for.

10. Your report

Once you've paid, your report is available on screen from your private link and as a PDF to download. For 14 days after paying, you can correct the details of the same car, its kilometres, comparable cars and accessories, and the report is recalculated. The year, make and model can't be changed.

Paid reports are kept for 12 months after payment, then deleted, so please download a copy of the PDF if you'd like to keep it longer.

11. Your rights under the Australian Consumer Law

Our services come with consumer guarantees that can't be excluded under the Australian Consumer Law. They include that the service is provided with due care and skill, is fit for any purpose you tell us about, and is provided within a reasonable time.

If there's a major failure with the service, you can cancel it and get a refund, or get compensation for its reduced value. If the failure isn't major, we'll fix it within a reasonable time, and if we don't, you can cancel and get a refund. You can also claim compensation for any other reasonably foreseeable loss or damage caused by the failure.

Nothing in these terms excludes, restricts or changes those rights, or any other right you have under the law that can't be excluded.

12. Refunds

If your report fails to generate after you've paid, we refund you automatically.

If something isn't right with your report, email support@disputex.com.au and tell us what's wrong. We'll look at it, and fix it or refund you where your rights under the Australian Consumer Law or these terms allow.

The report is prepared and delivered as soon as you pay, so we don't offer refunds for a change of mind, or because your insurer didn't change its offer. This doesn't affect your rights in section 11.

13. Your private link

There are no accounts. Your check is reached through a private link with a long random code, and anyone who has the link can see and change your check. Please keep it private, and don't post it publicly. If you think someone else has your link, you can delete your check from the link, or contact us.

14. Using the report and our content

You own the documents and information you upload. You give us permission to store, read and use them to run your check and prepare your report, and to keep the anonymous record described in our privacy policy.

You can copy, print and share your report for your own claim, including with your insurer, AFCA, a lawyer, a financial counsellor or anyone helping you.

We own the DisputeX website, software, method text, design and branding. Please don't copy, resell or republish them, sell reports to others, or use the site to provide a similar service, without our written permission.

15. Fair use of the site

Please don't:

• use automated tools to access, copy or scrape the site
• try to get around its security, or access a check that isn't yours
• upload anything unlawful, harmful or that contains malicious code
• overload or interfere with the site, or use it for anything unlawful

We may limit or block access to protect the site and other customers.

16. Our liability

Your rights in section 11 always apply. Subject to them, and to the extent the law allows:

• we aren't responsible for decisions made by your insurer, AFCA or anyone else, or for the outcome of your claim
• we aren't responsible for loss that comes from information, documents or listings that you provide being inaccurate, incomplete or out of date, or from websites we don't control
• we aren't responsible for loss caused by someone else using your private link, unless we caused or contributed to it
• we aren't responsible for loss that wasn't reasonably foreseeable when you started your check
• our total liability to you for a check is limited to the amount you paid for that report

These limits don't apply to loss caused by our fraud or wilful misconduct, or to any liability that can't be limited by law.

17. If you misuse DisputeX

If you deliberately upload false or altered documents, or material you have no right to upload, and a third party makes a claim against us because of it, you're responsible for our reasonable losses and costs from that claim, except to the extent we caused or contributed to them.

18. Availability and changes to the service

We work to keep DisputeX available and accurate, but it may sometimes be unavailable for maintenance or reasons outside our control. We may change, add or remove features.

If we close DisputeX while your paid report is still being kept, we'll give you notice by email (if we have your email) and time to download it.

19. Privacy and emails

How we handle your personal information is set out in our privacy policy and collection notice.

If you give us your email, we send you your report and tax invoice, a confirmation if we refund you, one reminder before an unpaid draft is deleted, and, after you pay, a short email about 3 weeks later (and once more if you're still waiting) asking what your insurer did. You can stop the follow-up emails at any time from the link in each one. We don't send marketing emails unless you've agreed to them.

20. Complaints

If you're unhappy with DisputeX, email support@disputex.com.au with your check's reference (shown in your report and emails). We aim to respond within 5 business days and to resolve complaints within 30 days.

You can also contact your state or territory consumer protection agency (such as NSW Fair Trading or Consumer Affairs Victoria) or the ACCC. Nothing in these terms stops you from doing that, or from going to a court or tribunal.

21. Changes to these terms

We may update these terms from time to time and will show the date of the latest version at the top of this page. The version shown when you start a check applies to that check, including the report you buy for it. Changes apply only to checks started after the change.

22. General

• These terms are governed by the law of New South Wales. You can bring a claim in the courts or tribunals of New South Wales or of the state or territory where you live.
• If any part of these terms is unenforceable, it's read down or removed to the extent needed, and the rest continues to apply.
• If we don't enforce a term straight away, we haven't given up the right to enforce it later.
• We may transfer our rights and obligations under these terms to another business that takes over DisputeX, as long as your rights aren't reduced. We'll tell you if that happens while we're keeping your report.

23. Contact

DisputeX Pty Ltd, ABN 81 699 300 260. Email support@disputex.com.au or use our contact page.