Terms And Conditions
Please take the time to read these terms and conditions.
By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.
Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
1.1. Welcome to www.asaproadworthys.com.au (the ‘Website’). Our Website provides you with an opportunity to browse and purchase various services that are offered for sale through the www.asaproadworthys.com.au (the ‘Services’). The Website provides you access to the option of purchasing services by way of granting you access to the Website Content.
1.2. The Website is operated by A.S.A.P ROADWORTHYS PTY LTD ACN 625 839 214 (‘ASAP Roadworthys’) (the ‘Website Operator’). Access to and use of the Website, or any of its associated Products or Services, are provided by ASAP Roadworthys. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. ASAP Roadworthys reserves the right to review and change any of the Terms by updating this page at any time their sole discretion. When the Website Operator update the Terms, reasonable endeavours will be made to update users of the Website of changes to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of these Terms for your records.
Acceptance of the Terms
2.1. By remaining on the Website, you accept the Terms. Terms and conditions for Services may differ from the Website Terms and will be available to you to review prior to making payment for Services.
3.1. In order to purchase Services via the Website, you will be required to fill out registration information to make a booking for your requested Service. As part of the registration process, you will be required to provide some personal information which includes your:
a) First and Last Name (or name of your Company or Business if you are requesting the services on behalf of a Company or Business);
c) A contact phone number; and
d) The address where you request (mobile) Services to be performed.
3.2. You warrant that any information you provide in the course of completing the registration process is accurate, correct, and up to date at all times material to the purchase of, and provision of Services to you or the entity you register on behalf of.
3.3. By registering for the purchase of Services, you warrant that you have the authority to purchase the Services in your own capacity and/or in the capacity as an authorised representative of the entity to which you have registered to purchase the Services and are liable in your own capacity, jointly and severally, as the case may be, for the payment of the Services in the event the Services are booked on behalf of a business or corporation or any other individual or entity.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to be able to purchase Services via our secure website booking platform.
3.5. You are not permitted to use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4.1. As a Member, you agree that you will comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
a) the Terms;
b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c) you have the sole responsibility for protecting the confidentiality of your password and/or email address if same is provided in the course of registering your information for the purchase of Services. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address (if applicable) or any breach of security of which you have become aware;
e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of purchasing Services;
f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
g) you agree that if you attempt to place commercial advertisements, affiliate links, or other forms of solicitation on the Website, they may be removed from the Website without notice and may result in the Website Operator terminating the provision of Services to you. Appropriate legal action will be taken for any illegal or unauthorised use of the Website; and
h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Services Policy
5.1. In using the Website or otherwise making a purchase of Services from the Website Operator, you agree to the payment of the purchase price listed on the Website for the Service or Services (the ‘Service Price‘) and any other costs as disclosed to you on the Website or by an authorised representative of the Website Operator including but not limited to a missed appointment cost, call out-fee, additional costs for additional services not paid for at the time of booking, and additional consumable products required in the provision of the Services to you as explained or disclosed to you before or during the provision of the Services to you
5.3. In using the Payment Gateway Provider to pay for your Services, you agree to indemnify and save harmless, the Website Operator for any loss or damage, however caused, by the Payment Gateway Provider.
5.4. Once you have successfully made a booking for Services and the payment of the Service price has been confirmed, you will be provided with an automated receipt for same and a confirmation of your purchase. You may keep the confirmation and receipt of payment for your records.
5.5. ASAP Roadworthys will provide a full refund to you whereby no fault of your own, ASAP Roadworthys are unable to provide you with the Services.
6.1. ASAP Roadworthys may, at their sole discretion, provide you with a refund (in full or in part) if you are able to demonstrate that you are unable to receive the Services, whereby ASAP Roadworthys are willing and able to provide you with the Services, for reasons outside of your control but such decision is at the absolute discretion of ASAP Roadworthys and is not a consumer right.
6.2. For the avoidance of doubt, ASAP Roadworthys reserve the right to reschedule the provision of Services to you in circumstances where you are unable to receive the Services on the agreed date, to a mutually suitable time, prior to utilising any discretion as to whether to offer any refund to you.
6.3. You will not be entitled to a refund for any products, consumables, or goods that were affixed to your property or utilised in the provision of Services to you. You acknowledge and agree that irrespective of any other concession or discretionary refund that ASAP Roadworthys may offer to you in accordance with clauses 5.6 and 5.7 herein, that you remain liable for the cost of any products, consumables, or goods that were provided to you by ASAP Roadworthys, whether your Service(s) have been rendered in full or not.
7.1. ASAP Roadworthys Services are provided with the guarantees that cannot be excluded under the Australian Consumer Law.
7.2. Where you have received goods or products in the course of the provision of the Services to you, any major damage or defect in those goods or products and any resulting foreseeable damage as a result thereof, is the liability of the manufacturer of those goods or products.
7.3. Under Australian Consumer Law, you are entitled to a repair of the goods and/or products supplied where the goods and/or products fail to be of an acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
7.4. Where a defect in goods or products is a major failure, you are entitled to a replacement of those goods or products or a refund where a suitable replacement is not available or cannot be supplied to you.
7.5. You may make a claim with the manufacturer of the goods and/or products for material defects in the goods and/or products (a ‘Warranty Claim’) within the applicable manufacturer’s warranty period or otherwise any statutory warranty period you are entitled to under the Australian Consumer Law (‘Warranty Period’).
7.6. ASAP Roadworthys may, at their sole discretion, provide you with a direct refund or replacement of any goods and/or products provided to you in the provision of the services where a qualifying defect under the Australian Consumer Law is applicable, or may, at their sole discretion, assist you in making a Warranty Claim.
7.7. Where ASAP Roadworthys elect to, at their sole discretion, offer you a replacement and/or refund for goods and/or products provided to you in the provision of the Services, your Warranty Claim must be made during the Warranty Period, and you must:
a) Provide proof of purchase of the goods and/or products from ASAP Roadworthys to showing the date of purchase of the goods and/or products, provide a description of the goods and/or products and the price paid for the goods and/or products by sending written notice by way of email to [email protected].
b) Where ASAPRoadworthy select, at their sole discretion, to accept a Warranty Claim on your behalf, then ASAP Roadworthys will, at their sole discretion, either repair or replace the defective goods and/or products at no additional cost to you for the supply or labour in relation to the repair or replacement of those goods and/or products.
c) You acknowledge and agree that where applicable, you will be solely liable for any postage or shipping costs incurred by you, ASAP Roadworthys in relation to the repair, return, or replacement of defective goods and/or products where ASAP Roadworthys, elect, at their sole discretion, to facilitate a Warranty Claim on your behalf.
d) The Warranty afforded to you by the manufacturer of the goods and/or products or otherwise under the Australian Consumer law shall be the sole and exclusive warranty for those goods and/or products and the exclusive remedy available to you in relation to the products to which the Warranty and/or Warranty Claim relates.
e) All warranties including implied warranties and warranties of merchantability and fitness for use are limited to the Warranty Period.
f) Any applicable Warranty does not apply to any appearance of the supplied goods and/or products nor to any additional excluded items set forth in these terms (as the case may be), below nor to any supplied goods and/or products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction by you or at your specific request.
7.8. For the avoidance of doubt, ASAP Roadworthys are not liable for any inherent defects, faults, or inoperability of any goods or products provided to you during the provision of Services to you where a reasonable person could ascertain, on visual inspection, that the goods or products are faulty. In accepting the Services, you understand and agree that the liability for goods and or product faults provided to you in the provision of Services to you, where a reasonable person could not ascertain any fault in the goods or products, shall remain with the manufacturer of those goods and/or products and you agree to save and hold harmless ASAP Roadworthys, their agents, heirs, assigns, and related bodies corporate from any damage or loss attributable the goods and or products provided in the provision of Services to you.
7.9. ASAP Roadworthys takes reasonable measures to ensure that any goods or products provided in the provision of Services to you appear to be free from defect or damage prior to the use of provision of those goods and/or products during provision of the Services to you.
7.10. In accordance with the Australian Consumer Law standards for service providers, ASAP Roadworthys warranty that Services shall be rendered with acceptable care, skill and the requisite technical knowledge as deemed reasonable by industry standards from time-to-time and that the Services provided are as described and/or offered and are fit for the purpose for which they are intended only.
7.11. In accordance with the Australian Consumer Law standards for service providers ASAP Roadworthys warranties that they will take the in the provision of Services to you to avoid reasonably foreseeable loss or damage.
7.12. In further compliance with the Australian Consumer Law standards for service providers, clauses 7.10-7.11, except for exclusions under Australian Consumer Law, shall also apply to services where products and/or goods and Services are bundled, gratuitous Services, Services rendered at discounted or sale prices, and Services offered or obtained online.
7.13. If the Services provided to you do not meet the standards required under Australian Consumer Law as it applies to your circumstances, you may be entitled to claim a remedy under Consumer Guarantee provisions of the Australian Consumer law which may include cancelling the service, or in specific and applicable circumstances, compensation for losses and/or damages.
7.14. ASAP Roadworthys shall only be liable for losses and/or damages in relation to Services to the extent of the cost of the Service(s), unless otherwise deemed appropriate by a court of competent jurisdiction. Further information relating to consumer guarantees as they pertain to services can be found at https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer- guarantees#what-products-and-services-are-guaranteed-.
Exceptions to Warranties and Consumer Guarantees
8.1. Consumer guarantees do not apply under Australian Consumer Law if you:
a) Received the Services requested and/or paid for, but changed your mind, located a same or similar service elsewhere for a lower price, decided that you were not satisfied with the Service or outcome of the Service where the Services were rendered with the reasonable care, skill and technical knowledge required for the provision of same or were otherwise provided to you in accordance with acceptable industry standards, or decided you no longer had a need or use for the Service;
b) Misused goods or products provided to you (whether in connection with a Service or not) that resulted in damages or losses,
c) Were not entitled to rely upon the Service as professional advice as to what decision to make or not make;
d) Knew of or were made aware of any faults in goods or products prior to purchasing them;
e) Knew of or were made aware whether directly, or by the provision of information or documentation to you, that the Services were limited in any manner (i.e., not intended to be all encompassing); or
f) You asked for a Service to be done in a specific way against the advice, recommendation, or acceptable industry standard as adopted or preferred by ASAP Roadworthys or were unclear or did not provide reasonably specific instructions as to what you wanted.
8.2. In accordance with Australian Consumer Law, rights to a repair, replacement, refund, cancellation, or compensation do not apply to goods, products, items, or services that:
a) are worth or cost more than $100,000.00 that are purely or predominantly for business or commercial use such as (but not limited to) machinery, heavy mechanical equipment, or farming equipment;
b) you plan to on-sell or change so that you may re-supply the item as a business or otherwise with a view to commercial activity or profit; or
c) where the Services are to store or transport goods or products.
Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes and are reserved by the Website Operator or their contributors.
9.2. The Website Operator retain all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of; or
b) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
c) a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
9.3. You may not, without the prior written permission of one of or both Website Operator and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11.1.You acknowledge that ASAP Roadworthys do not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding goods, products, or services other than those provided for pursuant to these Terms.
11.2. ASAP Roadworthys will make all reasonable efforts to ensure goods, products, or Services are accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website and the Website may not comprehensively describe all aspects of a good, product, or Service.
11.3.Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.4.Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
b) ASAP Roadworthys, their agents, heirs, assigns, and their related bodies corporate will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchasing Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.5.Use of the Website, the Services, and any of the goods or products of ASAP Roadworthys, including the delivery of goods and/or products, is at your own risk. Everything on the Website, the Services, and the goods and/or products offered for sale by ASAP Roadworthys, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ASAP Roadworthys make any express or implied representation or warranty about its Content, or any products or Services (including the products or Services of ASAP Roadworthys) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Services listed therein, or any of its Content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Services or any of the goods or products as they relate to the Services;
d) the Content or operation in respect to links which are provided for the User’s convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
12.1.ASAP Roadworthys’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of is the resupply of information or Services to you.
12.2.You expressly understand and agree that ASAP Roadworthys, their affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3.ASAP Roadworthys are not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of ASAP Roadworthys, by third parties or by any of the Services offered by ASAP Roadworthys.
12.4.You acknowledge that ASAP Roadworthys does not manufacture certain goods or products that may be utilised in the provision of Services to you, and you agree that ASAP Roadworthys will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with third-party manufactured goods or products.
12.5. ASAP Roadworthys, their agents, heirs, assigns, or related bodies corporate shall not be liable to any third party as it relates to the provision of Services or any related goods or products. For the avoidance of doubt, where no contractual relationship exists between ASAP Roadworthys and an individual or entity (i.e., the individual or entity is either not a Member, or has not purchased the goods, products, and or services to which a claim, dispute, losses, or damages relate), such individual or entity may not bring any claim or action against ASAP Roadworthys on behalf of themselves or any member or customer of ASAP Roadworthys.
Termination of Contract
13.1.The Terms will continue to apply until terminated by the Website Operator or, the Website Operator may terminate the Terms with you if:
a) you have breached any provision of the Terms or intend to breach any provision;
b) ASAP Roadworthys are required to do so by law;
c) A joint venturer or partner with whom ASAP Roadworthys has offered the Services to you has terminated their relationship with or ceased to offer the Purchase Services to you;
d) ASAP Roadworthys are transitioning to no longer providing the Services to of those Services in the country in which you are resident or from which you use the Service; or
e) the provision of the Services to you by is, in the opinion of ASAP Roadworthys, no longer commercially viable.
13.2.Subject to local applicable laws, ASAP Roadworthys reserve the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ASAP Roadworthys name or reputation or violates the rights of those of another party.
13.3.When the Terms come to an end, all the legal rights, obligations, and liabilities that you and have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1.You agree to indemnify ASAP Roadworthys, their affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c) any breach of the Terms.
15.1.Compulsory: If a dispute arises out of or relates to the Terms, neither party may either commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2. No individual or entity may raise a dispute with ASAP Roadworthys their agents, heirs, assigns, or related bodies corporate if that individual or entity is not a customer of (i.e., has not purchased any services, goods, or products) from ASAP Roadworthys. Nothing in these Terms, the Website, or any other materials shall be taken to permit any individual or entity to make a third-party claim against ASAP Roadworthys.
a) Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. Purchasers of Services must use the Customer Dispute Resolution form, available to download or print from the Website under the ‘More → Help’ tab and email the completed form to [email protected].
b) Resolution: On receipt of notice (‘Notice’) by the receiving (other) party, the parties to the Terms (‘Parties’) must:
(i) Within ten (10) business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, within ten (10) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by a body of competent jurisdiction.
c) The party requesting mediation shall be solely liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing.
d) The Parties must each pay their own costs associated with the mediation;
e) Any mediations are agreed to be held on the Gold Coast in Queensland Australia.
f) Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
g) Termination of Mediation : If three(3)hours have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
16.1.The Services offered by ASAP Roadworthys are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
19.1.Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in full force and effect.