Consumer Terms of Use & Policy


Current as of 11th November 2010

By using the Website to make a Booking you agree to these Terms of Use together with any additional terms, conditions, notices and disclaimers included on the Website. If you object to any of these Terms of Use (including any subsequent amends or modifications) or become dissatisfied in any way in with your use of the Website, your only recourse is to discontinue usage of the Website.

Of course FPCS is very interested to receive feedback and comments in order to improve its provision of the Website to you, and we would value your opinion prior to any discontinuance. Contact customer service


Background



1.0 Definitions and Interpretation

Booking means the process by which a User uses the Website to search, obtain a quote, compare and select a Workshop and time for delivery of the Logbook Service and/or Related Services.

FPCS means Fixed Price Car Service Pty Ltd ABN 14 133 283 708 trading as Fixed Price Car Service and the business it conducts.

Logbook Service means the service and maintenance requirements of a motor vehicle make and model according to the Manufacturer’s Specifications. May also be referred to as Handbook Service.

Manufacturer's Specifications means the repair, maintenance, parts, service and other requirements as specified by motor vehicle manufacturers at set intervals per make model and variant.

Related Services means (but not limited to) any other automotive service delivery, maintenance, parts, accessories or repair not directly relating to the Logbook Service.

Spam means the use of electronic communications addressed to any person with whom the originator does not have an existing business or personal relationship, is not sent at the request or consent of the recipient and contains unsolicited commercial information or any other material of similar nature. It also includes any offline activities which are similar in nature.

Terms of Use means these terms of use as amended from time to time

Website includes www.fixedpricecarservice.com.au or any other website address established in substitution for that address.

Workshop means a provider of a Logbook Service or Related Services who has created a Workshop Profile and agrees to use the Website to obtain Bookings from Users, and in turn provides the Logbook Service or Related Services.

Workshop Profile means the details a Workshop makes available to the Website that contains (but is not limited to) a description, facilities location, opening hours, pricing, costs and charges and other information regarding the operations of the Workshop that allow the Website to accurately calculate a fixed price Logbook Service or Related Services to the User.

User is a person who has visited and/or used the Website who seeks and/or makes a Booking for the Logbook Service or Related Services from a Workshop. A Workshop must not be a User.

Any provision of these terms which is void or unenforceable may be severed from these Terms of Use without affecting the enforceability of other provisions.


2.0 Eligibility/Acceptance of Use


2.1 A User is only permitted to use the Website if:
  1. You are legally capable of entering into a contract, including without limitation, the requirements that you are over the age of 18 years;
  2. You have a valid credit card accepted by FPCS;
  3. You are a resident of Australia.


3.0 Accurate Information

  1. All information provided by a User when making a Booking is provided in order for the Website to provide the most accurate price per Workshop and for the Workshop to deliver a Logbook Service or Related Services.
  2. A User warrants that all information provided via the Website is true and accurate and that no information given or omissions made by you are intended or likely to mislead or deceive any person or organisation. FPCS reserves the right at our discretion to request verification of, or verify on your behalf, any information provided by you.

3.1 Conditions of Use

FPCS may terminate a Users use of the Website if:

  1.  the information provided by a User is incomplete, invalid, untruthful or incorrect;
  2. a User uses the Service to send Spam;
  3. a User provides false information about their identity;
  4. a User takes any actions that may undermine the integrity of any feedback or comments system; and
  5. a User does not agree to receive communications from FPCS and the Workshop in accordance with this Agreement.

3.2 Communications from FPCS

FPCS may contact a User by using the details provided when making a Booking for, amongst other things, transaction or information verification, customer service matters, to provide details of offers or promotions, or for any other reason at the discretion of FPCS that relates to the Website.


4.0 Website


4.1 Provision of Website
  1. FPCS provides the Website to give you the User opportunity to find Workshops prepared to provide the Logbook Service or Related Services. FPCS does not sell or acquire any Logbook Services or Related Services shown on the Website and is not directly involved (whether as agent or principal) in the transactions between Users and Workshops. We do not guarantee that you will be able to make a Booking.
  2. It is the Users responsibility to arrange any transportation, pick up or delivery (possibly including any costs) to and from the Workshop.
  3. FPCS cannot and will not make enquiries as to the nature, suitability, or quality of any Logbook Service or Related Services, the accuracy of any description of a Logbook Service or Related Services, or the ability of a Workshop to complete any transaction. FPCS does not validate any User reviews or ratings of the Workshops and any opinions expressed are those only of the User submitting the review or rating.
  4. FPCS and the Website cannot and will not make enquiries on the ability of the Workshop to deliver a Logbook Service or Related Services to a User, nor the ability of a User to complete any transaction of any Logbook Service or Related Services.
  5. FPCS reserve the right to vary the specifications, rates, rewards, rules and conditions of any element of the Website at any time without notice. An announcement may be issued either on the Website or via an authorised e-mail from FPCS. Because these Terms of Use may change over time the User is urged to periodically review these terms on the Website. FPCS reserves the right to terminate any or all of the Logbook Services, Related Services or the Website without prior notice. Any dated information that may be included in the content of this Website is published as of its date only, and FPCS will not have any obligation or responsibility to update or amend the information.
  6. It is a condition of the use by a Workshop of the Website that the Workshop agrees to provide a Logbook Service or Related Services to a User within 15 days of a Booking unless otherwise agreed between the Workshop and the User. FPCS is not liable to the User if a Workshop fails to comply with this condition.

5.0 Booking Refund Policy

  1. The User acknowledges and accepts that FPCS only provides the ability for Users to search for price, compare and book a Logbook Service or Related Services with listed Workshops. As such no monetary transactions are undertaken between a User and FPCS.
  2. b. The User acknowledges and accepts that FPCS will not be providing a refund of any type regarding a Booking.

6.0 Warranties and indemnity

  1. The User is responsible for any information they provide through the Website. In particular, the User warrants that such information: 
    1. is true, accurate and complete;
    2. is not fraudulent or misleading;
    3. does not infringe any third party’s intellectual property or privacy;
    4. does not violate any law, statute or regulation;
    5. is not obscene or offensive and does not contain pornography;
    6. does not contain any viruses, worms, or other computer programming instructions that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.

  2. The User acknowledges that they have not relied upon or been induced by any representation by FPCS and FPCS makes no warranty or representation as to:
    1. the results that may be obtained through the use of the Website;
    2. the accuracy, reliability or otherwise of any information obtained through the Website;
    3. the Website being uninterrupted, timely or error free;
    4. the goods and/or services purchased or obtained through the Website.

  3. The User indemnifies and keeps indemnified FPCS and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
    1. the use of the Website;
    2. any dispute between the User and a Workshop;
    3. any negligence by a Workshop in the provision of a Logbook Service or Related Service;
    4. any loss or damage suffered by the User arising from or related to the provision of a Logbook Service or Related Service by a Workshop ;
    5. any loss or damage suffered by the User arising from or related to the use of the Website.

7.0 Limitation of Liability


7.1 Extent of Liability

  1. The User acknowledges that FPCS has no liability to the User in relation to any Logbook Service and/or Related Services. The User releases FPCS from all and any claims arising out of or consequential upon:
    1. the use of the Website;
    2. any dispute between the User and a Workshop;
    3. any negligence by a Workshop in the provision of a Logbook Service or Related Service;
    4. any loss or damage suffered by the User arising from or related to the provision of a Logbook Service or Related Service by a Workshop;
    5. any loss or damage suffered by the User arising from or related to the use of the Website

  2. FPCS or the Website shall not be liable for any claims for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
    1. use of the Website;
    2. use of any component of or contributing to the Website;
    3. any dispute with a Workshop of any nature, including but not limited to the provision of a Logbook Service or Related Services or payment by a User.
  3. The User acknowledges that the Internet can be unstable and, sometimes, insecure. At times the Website may not be available or Bookings may not be processed or may not be accepted for reasons beyond the control of FPCS. In these circumstances FPCS accepts no responsibility.
  4. FPCS gives no warranty in relation to the Website. Under no circumstances is FPCS or any of its carriers or suppliers liable or responsible in any way to a User or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in the Website including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:
    1. the pricing of a Booking calculated by the information provided by a Workshop and calculated by the Website.
    2. any Related Service or Logbook Service supplied by a Workshop.
    3. any failure or delay by a Workshop in completing a transaction or Booking.
    4. any failure of a Workshop to meet any manufacturers’ standards in providing a Logbook Service or Related Services or Logbook Service.
    5. any technical or non-technical failure of any Related Service or Logbook Service supplied by a Workshop.
    6. any content or information accessed via the Website with or without FPCS’ authorisation.


8.0 User Obligations


8.1 Responsibility for payment

The User is obliged to complete the Booking and pay the cost of the Booking directly to the Workshop. The User may be charged a fee by the Workshop if they do not complete the Booking.

8.2 Access & Interference

The User, its agents, associates, employees, subcontractors or other must not use any device, software, routine or manual process to bypass, interfere or attempt to interfere with the proper working of the Website, or to monitor or copy the Website or any of its content or functionality without our prior written permission. The User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.

8.3 Export

The User acknowledges that any User reviews may be combined with comments left by others. Because reviews are not designed for any purpose other than for facilitating trade using the Website, the User must not market or export any FPCS review in any venue other than a FPCS operated website.

9.0 Termination


9.1 FPCS may terminate this Terms of Use or suspend a Users use of the Website including a Booking if the User:

  1. provides FPCS or the Website information which is untrue, inaccurate or incomplete;
  2. breaches any warranties, conditions or other terms of this Terms of Use;
  3. has engaged in any fraudulent activity as deemed so by FPCS;
  4. fails to proceed with a Booking with a Workshop;
  5. prevents the Workshop from supplying a Logbook Service or Related Services;
  6. sends Spam using the Website; or
  7. acts against the interests or reputation of FPCS or the Website;

and the User will forfeit any and all benefits to which it may have become entitled relating to use of the Website. If FPCS terminates this Terms of Use, User access to the Website may be refused.

9.2 FPCS may terminate the User of Booking at any time without cause and without notice.


9.3 A failure or delay by FPCS to exercise a power or right under these Terms of Use does not operate as a waiver of that power or right, and the exercise of a power or right by FPCS does not preclude its future exercise or the exercise of any other power or right.


10.0 Content


10.1 Use of the Website

As a condition of the User use of the Website, the User warrants that it will not use the Website for any purpose that is unlawful or prohibited by these terms or any other terms, conditions or notices appearing anywhere on the Website. The User agrees to abide by all applicable laws and regulations. In particular, the User agrees not to:

  1. use, post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law including any information or material which FPCS considers does, or is likely to, damage FPCS;
  2. use, post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works, without first obtaining permission from the owner or relevant rights holder;
  3. use, post or transmit any material of any kind which contains or elicits a computer or software virus or other harmful component;
  4. impersonate any person or entity that is not the User’s;
  5. in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  6. use the Website to send Spam; or
  7. use the Website to engage in any other forms of Internet abuse, including tampering, hacking, spoofing, using robots or scripts, copying, distributing, modifying or otherwise interfering with the administration, security or proper function of the Website or any part of it. Violations of these terms may result in cancellation of the User’s use of the Website.

10.2 Review of Content

FPCS may from time to time monitor or review content of the Website and reserves the right to edit, refuse to post or to remove any information or materials (in whole or in part) that in FPCS's sole discretion is objectionable or in violation of any applicable law or these terms. However, FPCS has no obligation to monitor any content or to edit, delete or refuse to post such contents, nor is FPCS responsible for any content provided by Users or Workshops. The User expressly acknowledges and agrees that any communications it makes to or using the Website is a public and not private communication. FPCS reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

11.0 Ownership and Disclosure of Information and Privacy


11.1 User information and ownership of information
  1. The information the User may provide FPCS via the Website or its tools, or in any other form of communication or from any other interaction with the Website and FPCS is, unless notified otherwise, User information (Information). User Information does not include general communications between FPCS or a Workshop, nor does it include any feedback or comments provided to FPCS or the Website. FPCS may keep a record of the Information (but does not guarantee that it will do so), and may alter, update, or delete Information, at any time. For the purposes of providing the Website, and in respect of information, FPCS distinguishes between:
    1. personally identifiable information such as individuals’ names, contact details, mobile phone numbers, bank accounts and credit or debit card details and other identifying personal information which the User may provide in the Website or when making a Booking (Personal Information); and
    2. non-identifiable information which you may provide in any use of the Website including when making a Booking or Personal Information that has been de-identified (Other Information).

  2. Privacy is an essential element of the Website. FPCS uses effective technology and practices to protect User privacy. However, because of the nature of the Internet, unforeseeable breaches are possible and FPCS cannot guarantee that your Information will be free from unauthorised access, disclosure or corruption. FPCS uses all reasonable precautions to maintain the confidentiality and privacy of Information. FPCS will treat Personal Information in accordance with our Privacy & Security Statement which forms part of these Terms of Use.

11.2 Disclosure and use of User information

FPCS may provide the Workshop with access to aggregated and anonymous profile or other non-identifying information of Users for the purpose of identifying groups of Users according to specified profiles. Accordingly, as a condition of the User use of the Website, a User agrees that:

  1. FPCS may aggregate Information with others and allow Workshops access to this grouped data in an anonymous form;
  2. FPCS may access Other Information to conduct verification checks, data audits, anti-fraud checks, database and web site analysis, management and any other tasks necessary or desirable for the proper or efficient management or operation of the Website; and
  3. A User may opt-in to provide part or all Personal Information or Information to FPCS or a Workshop(s) on an individual basis, but have no obligation to do so.

12.0 Amendment of these Terms of Use


FPCS reserves the right to amend these terms of use from time to time. By using the Website the User agrees to be bound by these terms of use as amended from time to time. It is the responsibility of the User to appraise themself of any changes in these terms of use from time to time.


13.0 Communications


13.1
  1. It is a condition of a User’s use of the Website that you agree to receive direct communications from FPCS or a Workshop.
  2. To discontinue receiving communications a User must inform either FPCS or the Workshop in writing or by using the tools provided by FPCS or a Workshop.

13.2 No recommendation
  1. Any communications (and its content) to a User by a Workshop is the responsibility of the Workshop and is not a recommendation or an endorsement by FPCS or its directors or employees or any related party. The Workshop is solely responsible for the accuracy and suitability of the communication and any offer. Users may contact the Workshop for any additional information regarding any communications received from a Workshop.
  2. A User must contact the Workshop to deal with any complaints or enquiries in relation to communications sent by it to the User. FPCS may provide information to Users to allow a User with a complaint or enquiry to contact the Workshop direct.

14.0 Other Programs


14.1
  1. From time to time, the User may be given the option to offer reward or similar programs to obtain certain products or services provided by third parties ({Program Partners) and promoted on the Website. Participation in those programs will be governed by separate terms and conditions that a User must agree to as part of your agreement to participate.
  2. FPCS will integrate Program Partners into the Website at its discretion. FPCS reserves the right to change the range of products and services available through any Program Partners at any time. FPCS is not responsible for changes to, or discontinuance of any program.

14.2 Promotion Partner terms and conditions
  1. Unless stated otherwise, the products and services promoted on the Website as being provided by a Program Partner are supplied by that Program Partner and not by FPCS according to the terms of the program and the Program Partner’s standard terms and conditions (governing for example delivery, refunds etc) to the extent that these apply.
  2. Any offers or representations made by Program Partners are made by the Program Partner only and FPCS does not make any warranties, guarantees, or representations regarding the quality of, or assurance of any advertisement or any merchandise, products, or services offered or provided by any Program Partner. FPCS is not responsible or liable to you for any losses you may suffer in the event that the Program Partner fails to comply with its obligations in this respect.

15.0 Processing and Technology Issues

In the event of errors in processing or Website downtime or any other errors or delays caused to the Website or Bookings as a result of unforeseen technological difficulties associated with servers, data hosting centre, internet service provider or any other reason, FPCS reserve the right to take such action as it considers necessary in relation to the Website.

16.0 Hyperlinks


16.1 No Liability
  1. Links to other websites are provided by agreement between FPCS and third parties as a courtesy to the User. FPCS has no control over the content on these third party websites. FPCS makes no express or implied warranties, concerning the content of these other sites, including the accuracy, completeness, reliability or suitability of the site for any particular purpose. FPCS does not warrant that any site or content is free from any claims of copyright, trade mark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
  2. By providing links to other sites or allowing other persons to display their logos or otherwise advertise their products or services on the Website does not imply either directly or indirectly that FPCS endorses those sites, products, services or entities in any way. FPCS has no control over such sites, products, services or entities and is not liable for any loss or damage incurred by the User as a result of, or in connection with, the Users entry to or use of such sites, products or services.

17.0 Intellectual Property


17.1

The User acknowledges that all intellectual property contained on or within the Website is and remains at all times the property of FPCS or the other parties identified. The User agrees not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe FPCS’ intellectual property rights or those of the owners of the rights. Except for the temporary copy held in a computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from FPCS or the approval of the relevant copyright owner.

17.2

The FPCS logo is a pending trademark registration. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners. Nothing displayed on the Website grants any licence or right of use of any logo, or trade mark displayed without the express written permission of the relevant owner.

18.0 Referral Program

As a FPCS User, you may refer other persons to the Website at any time. From time to time FPCS may offer a reward based referral scheme to its Users (Referral Scheme). However there is no obligation to give you rewards unless:

  1. User referrals are made specifically in conjunction with an authorised Referral Scheme;
  2. Users have complied with the rules and conditions of the Referral Scheme (which will be published on the Website);
  3. User referrals are eligible to use of the Website;
  4. a User referral joins as a User prior to termination of the Referral Scheme;
  5. a User has not used Spam or Spamming techniques to obtain referrals.

In addition the User further agrees not to make any misrepresentations to any referrals or potential referrals regarding compensation typically received by a User in using the Website or what potential Users are likely to receive.

19.0 Dispute Resolution

All questions or disputes relating to the Website including these terms should be submitted to FPCS. FPCS will endeavour to resolve any disputes expeditiously. All interpretations of the terms of use of the Website shall be at the discretion of FPCS. In the event that FPCS makes an error such error shall not constitute a breach of these Terms of Use. The User acknowledges that any complaints or enquiries in relation to any Logbook Services or Related Services will be directed to the Workshop in question. Any false claims may lead to termination of the Users use of the Website.

20.0 Refund Policy

Refunds on credit card payments are not the policy of FPCS and may be made at the discretion of management.

21.0 Governing Law

These Terms of Use, access to and use of the Website and the terms of any disclaimer of warranties and liability are governed by and construed in accordance with the laws of the State of Queensland, Australia.