The E10 fuel website and compatibility check service (Checker) and information contained within the Checker are provided as a guide to vehicle compatibility with E10 fuel only.
By accessing and using the Checker, you acknowledge that you have read and understood, and agree to be bound by these Terms.
- We may vary these Terms or other conditions for using the Checker at any time by publishing new Terms on our website. It is your responsibility to ensure that you are aware of any changes to these Terms each time you access or use the Checker. Should you object to any of the Terms, or other notices on the Checker you should immediately cease your use, and exit the Checker.
- We do not warrant or make any representation:
- that content, links, information or forms contained on, in, or associated with the Checker will be accurate, available and accessible to you at all times;
- that your use of the Checker will be uninterrupted; or
- that your system will meet the minimum requirements (as apply from time to time) to enable your use of the Checker.
- We source data (content) from third party sources, and do not independently verify the accuracy of the Information. By using the Checker, you acknowledge that the third party content provided is obtained from sources believed to be reliable, but that no guarantees or representations are made by us that the third party content is accurate, complete, current or reliable.
- We may change or discontinue the Checker or any part thereof at any time without prior notice to you. Accordingly, any links, data or information that you save or forward may not remain current.
- You agree that our electronic record of your use of the Checker is a true and correct record and will be relied on as such.
- You accept that in all cases, any and all Information, data, recommendation or other publication provided through the Checker to you is intended as a guide only and relied upon by you entirely at your own risk. You acknowledge and accept that it is subject to independent verification by you with the relevant vehicle’s manufacturer.
- Information on the Checker and in any of our publications should not be regarded as a substitute for the manufacturer’s or professional legal, financial or expert advice.
- We are not responsible for and do not warrant, represent or guarantee the accuracy of the completion, currency or fitness for purpose of any of the Information or other publication provided to or relied upon by you in relation to the Checker.
- The Information is for You and in relation to Your vehicle only and may not be used to provide advice to others.
- We are not liable to inform you of any matter coming to our notice which may affect the Information or the Checker in any way.
- We do not approve, endorse, recommend or sponsor sites linked to the Checker, their owners or operators, or any information, graphics, materials, products or services referred to or contained on linked websites, unless specifically stated.
- In accessing or using the Checker you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index the Checker or any content on the Checker;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Checker;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
- transmit any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane or offensive material, or otherwise use the Checker in any manner which is, in our sole discretion, offensive, inappropriate or improper;
- use the Checker or any content from the Checker in any manner which is, in our sole discretion, not reasonable or not for the purpose for which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- attempt to gain access to this Checker or to any areas in the Checker to which you do not ordinarily have access;
- breach a Term or any relevant law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Checker or any content on the Checker, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
- We reserve the right to exercise whatever means we consider necessary, in our sole discretion, to prevent unauthorised access to or use of the Checker, or breach of the Terms including instituting technological barriers, or reporting the conduct to any person.
- You release to the full extent permitted by law, us and our Representatives from all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) that you have, or may have in the future, against us or our Representatives in respect of or in any way arising out of the use of the Checker.
- Neither we nor our Representatives will, in any circumstances (including for negligence), be liable to you for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity (including opportunity to enter into or complete arrangements with third parties), loss of data or goodwill, loss of reputation or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise, in connection with your use of the Checker (including through any person using the system on your behalf or purportedly on your behalf).
- Nothing in these Terms authorises the transfer or use of any Intellectual Property Rights in any Information or data, including copyright, unless explicitly granted by a licence or permitted exceptions under the Copyright Act 1968 (Cth).You acknowledge and agree that the Government Information (Public Access) Act 2009 (NSW) may apply to any data or information provided by you through the Checker.
- You indemnify us and our Representatives against all liability, loss, costs and expenses (including any actions, claims, proceedings or demand brought by any third party, and any legal fees, costs and disbursements on a solicitor and own client basis) arising from or incurred in connection with:
- any default by you or your Representatives of the Terms;
- any unlawful, wilful or negligent act or omission of you, your Representatives or any person for whose conduct you are liable;
- personal injury (including sickness and death) or property damage or loss in connection with the use (or attempted or purported use) of the Checker; or
- any infringement or alleged infringement of any Intellectual Property Rights of any person, which infringement or alleged infringement occurred in respect of any Information provided, or any use of the Checker.
- We, to the maximum extent possible, exclude liability for any loss, damage or expense suffered as a result of use of the Checker or a third party website, or reliance on the Information or information contained on third party websites.
In these Terms:
You can also read the glossary of fuel industry terms.
- We, us or our means the State of New South Wales (represented by the NSW Fair Trading, Department of Finance, Services and Innovation) and our successors.
- You and your means the legal entity or entities using the Checker.
- Intellectual Property Rights means all intellectual property rights including:
- patents, copyright, rights in circuit layouts, trademarks, registered designs and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) or (b) that may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.
- Information means information gathered from a variety of sources through the Checker, and includes (without limitation):
- the vehicle's E10 compatibility status in New South Wales
- the vehicle's details.
- Representative means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of a party.
- Checker means the E10 fuel compatibility check service which includes the Information.