CarConex

Terms and Conditions

Welcome to CarConex! We’re passionate about connecting skilled servicepeople with people who need assistance with their car.

These terms and conditions (Terms) are entered into between CarConnex Pty Limited ABN 98 632 361 589 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.

We provide a platform where tradespeople and other skilled servicepeople (Service Providers) and car owners (Customers) can connect and transact, and where Customers can find Service Providers to provide car services (including washing, rebuilding, locking, window tinting, smash repairs and more) (Platform). The Platform is available at www.carconex.com.au and may be available via other channels or addresses.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Service Provider; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by registering on the Platform or using the Platform or the services.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

Platform summary

The Platform is a marketplace where Customers and Service Providers can find each other, and where Customers can request services and Service Providers can make an offer to provide those services. We provide the Platform to users (including hosting and maintaining the Platform), assist Customers and Service Providers to form contracts for the supply of services, process payments of Credits for Service Providers (together the CarConex Services). You understand and agree that we only make available the Platform and the CarConex Services. We are not party to any agreement entered into between a Customer and a Service Provider and we have no control over the conduct of Service Providers, Customers or any other users of the Platform.

Customers and Service Providers may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

A Customer wanting to receive services creates an Account on the Platform and creates a detailed description of the service they require (Job).

Service Providers with the required skills and within the same geographic area will receive a notification of the Job (Lead). The first 3 Service Providers to respond to a Lead can create a quote, setting out the cost to complete the Job (including any GST payable) (Quote). By sending a Quote, the Service Provider confirms that it is legally entitled to and capable of supplying the services described in the Job.

The Customer will receive notifications via the Platform as each Quote is created. It is a possibility that Customers may not receive any Quotes, and that they may receive less than 3 Quotes. If the Customer wishes to proceed with a Quote, the Service Provider will be notified of this via the Platform, and the Parties can then communicate via the Platform to negotiate the price and the services to be provided. If the customer does not wish to proceed with a Quote, but wishes to obtain more Quotes, they can create a new Job which will not be visible by the 3 Service Providers who originally responded to a Lead.

The Customer may choose whether to provide his or her personal contact details to the Service Provider to arrange the services.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account as a Service Provider and 1 Account as a Customer on the Platform.

You must provide basic information when registering for an Account including your business name (if registering as a Service Provider), contact name and email address and you must choose a password.

Customers must provide information about their car, including the number plate, VIN number and any photographs, when registering for an Account. Customers can provide information about more than one of their cars.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Service Provider, we will review your request for an Account before approving the request. We may request additional information, including an ID card, information about your insurance, licencing documents, and a police check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, quality of the services and threshold of reviews.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

Customers and Service Providers can communicate privately using our private messaging service once a Quote has been created.

Payment

It is free to register an Account on the Platform, for Customers to create Jobs, or for other users such as Service Providers to review content on the Platform, including Jobs.

As a Service Provider, you will need to ensure that you have sufficient credits in your account before you may accept Leads, create a Quote for a Job and pay any credits due if the Customer were to accept your Quote. Our prices for these credits (including any offers) are listed on the Platform and may change from time to time (Quoting Credits).

Once a Quote is created, the amount of Quoting Credits payable for the creation of that Quote, as set out on the Platform, will be deducted from your Account to create that Quote. Once Quoting Credits have been deducted, they are non-refundable and cannot be reinstated. The amount of Quoting Credits deducted from your Account to create a Quote in respect of a Job, is set out on the Platform and may change from time to time.

If a Customer accepts your Quote, further Quoting Credits will be charged and are payable from your Account (Conversion Charges). The amount of any Conversion Charges payable on acceptance of a Quote will be listed on the Platform and may change from time to time. The amount of Quoting Credits deducted from your Account to pay any Conversion Charges are non-refundable and cannot be reinstated. This will be the case even if a Customer accepts your Quote and you do not proceed with providing your services for the Job and/or claiming the Job via the Platform.

Quoting Credits are non-transferable, cannot be reinstated once used and will expire 1 year after purchase. Quoting Credits may not be used on the Platform after they have expired.

Your Account will be automatically topped up with the same amount of Quoting Credits as selected by you for your initial purchase of Quoting Credits, once the amount of Quoting Credits in your Account falls below the minimum balance specified in the Platform (Auto Top Up). The price for the amount of Quoting Credits you initially selected may change from time to time. The price at the time of processing of the Auto Top Up will be deducted from the payment details you provide when creating your Account.

You must ensure that the payment details you provide to us remains valid and current. If a payment for an Auto Top Up is declined, we may notify you of this. You acknowledge that any failure for an Auto Top Up may interfere with your ability to provide Quotes and receive Jobs. You can reinstate the Auto Top Up once your payment method is updated with valid and current details.

We provide a number of payment methods on the Platform and each available method will be accessible on the Platform. Our current third party payment processor is Stripe unless substituted in our discretion. Any payments processed through Stripe (or an alternate payment processor) may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third-party payment processor, you accept the applicable terms and conditions.

In the absence of fraud, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment and any Auto Top Up.

Refunds and Cancellation Policy

The cancellation, variation or refund of any services ordered on this Platform is strictly a matter between the relevant Customer and Service Provider.

For disputes between Customers and Service Providers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may use the ticket system on the Platform to create a complaint about the other Party. We will attempt to assist to resolve the dispute but failing this, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

Identify verification

If we choose to conduct identity verification or background checks on any Service Provider, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider or guarantee that a Service Provider will not engage in misconduct in the future. Any verification of Service Providers on the Platform is not an endorsement or recommendation that the Service Provider is trustworthy or suitable. You should do your own due diligence before using a Service Provider’s services.

As a Service Provider, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; (3) you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.

Following a successful Identity Check, you acknowledge and agree that (1) we may permit you to use verification signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then, only where that individual is directly providing the relevant goods or services.

You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

Reviews

Service Providers may review their experience with the Customer on the Platform, and Customers may review their experience with the Service Provider on the Platform, including the services (each a Review).

Reviews about Service Providers can be viewed by any user and will remain viewable until the relevant Account is removed or terminated. Reviews about Customers cannot be viewed by any user and will only be viewable by us.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Service Provider if you have had an experience with that Service Provider, which means that (1) you have engaged the Service Provider through the Platform; or (2) you can otherwise document your interaction with the Service Provider in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).

You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Service Provider Experience).

You may not write a review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.

Your Customer Experience or Service Provider Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Customer Experience or Service Provider Experience. You are not permitted to write a Review about somebody else’s Customer Experience or Service Provider Experience, such as that of a family member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider on the Platform.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (CarConex Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content solely for your personal and non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material. You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

  • you will not use our Platform, including the Content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  • where you are a Service Provider, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Quote; and
  • where you are a Service Provider, you are appropriately qualified, and have any required certifications, licences, skills, knowledge or training, to provide the services.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the services and any goods provided by a Service Provider may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • your or your personnel’s acts or omissions;
  • the use or results of any Third Party ID Service or Identity Check;
  • any use or application of the CarConex Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any aspect of the Customer and Service Provider interaction including the services offered by the Service Provider, the description of the services requested or offered, any advice provided or the performance of services.
  • any works, services, goods, materials or items which do not form part of the CarConex Services (as expressed in these Terms), or which have not been provided by us;
  • any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  • the CarConex Services being unavailable, or any delay in us providing the CarConex Services to you, for whatever reason; and/or
  • any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for Consequential Loss;
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions or that of your personnel; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the CarConex Services to you or, in our sole discretion, to us repaying you the amount of the Membership Credits paid by Service Providers to us in respect of the supply of the CarConex Services to which the Liability relates, or where there are no fees paid to us, such as is the case for Customers, $100.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account settings.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  • you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  • you repeatedly receive poor reviews;
  • there is any reason outside our control which has the effect of compromising our ability to provide the CarConex Services; or
  • you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  • are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  • are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  • we will remove your access to the Platform;
  • we will immediately cease providing the CarConex Services;
  • you agree that any payments made by you to us are not refundable to you;
  • where you are a Service Provider, you will lose any Membership Credits; and
  • where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Service Provider insurance

As a Service Provider, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Service Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

For any questions or notices, please contact us at:
CARCONNEX PTY LIMITED ABN 98 632 361 589
Email: hello@carconex.com.au
Address:
Level 5 Nexus Building
4 Columbia Court
Norwest NSW 2153
Phone Number: 1300 804 556
Last update: 14 November 2019
© LegalVision ILP Pty Ltd

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