Terms and Conditions of Use
By using this website, for any purpose including making a booking for service to your vehicle you confirm that you have read and understood and agree to abide by these Terms of Service (Terms).
These Terms of Service apply to your use of this website (Website) operated by Fixed Price Car Service Australia Pty Ltd (referred to below as "FPCSA" or "us" or "we" or "our") and also applies to any information provided by us on this Website, and any messages sent to or from us electronically.
By using this Website, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The content on or accessible through www.fixedpricecarservice.com.au is for informational purposes only and does not constitute technical advice related to your vehicle.
The Website is owned and operated by Fixed Price Car Service Australia Pty Ltd ACN 603 218 515 of PO Box 1531, Surfers Paradise QLD 4217.
1. Our Service
(a) FPCSA is a booking service matching users requests for service to vehicles with service providers (Workshops) that wish to perform the requested services.
(i) FPCSA has created a network of third party Workshops in Australia that are experienced in making vehicle repairs.
(ii) FPCSA facilitates booking requests from its users with third party Workshops registered with FPCSA.
(iii) FPCSA is not a party to, or responsible for, any service provided by a Workshop to you.
(iv) FPCSA will not be a party to any disputes between Workshops and you.
(v) FPCSA is not liable in any way for any service delivered or service failure by any Workshop for any reason.
(b) To register to make a booking to have your vehicle serviced, you must
(i) Be at least 18 years of age and legally capable to agree to these Terms of Service.
(ii) Accurately complete a booking request form on our Website which includes your personal contact and other information and your vehicle details such as (but not limited to):
(C) vehicle registration number;
(D) scheduled service interval per the manufacturer's log book and / or vehicle odometer reading; and preferred location postcode;
(E) selecting the required (Service) from available choices;
(F) selecting a preferred Workshop; and
(G) selecting a preferred day and time of arrival for service at selected Workshop.
(c) When you make a booking request with FPCSA, FPCSA will notify the Workshop selected by you. The Workshop has agreed with us that it will then confirm with FPCSA if it can provide the service requested and if the day and time selected for service are agreed by Workshop.
(d) If your booking request is accepted by a Workshop, FPCSA will confirm the booking with you in writing (usually by email or sms).
(e) If any issues arise with your proposed booking with the Workshop, FPCSA will work with the Workshop and with you to resolve them, if possible. You agree that it may not be possible to fulfil all booking requests you attempt to make with our service.
(f) FPCSA gives no guarantee that a booking will be honoured by the Workshop and in such event, you should take up the matter with the Workshop.
(g) A booking through our service is intended to create a legal agreement between you and the Workshop to provide and to pay for services described in the booking.
(h) FPCSA is not a party to or responsible for either party in any such agreement between you and a Workshop. Apart from facilitating the booking, FPCSA does not provide any vehicle service to you and is not responsible for the quality of the vehicle service provided to you by a Workshop.
(i) The Workshop you select has agreed with us to provide a service to you and you will be responsible for payment directly to the Workshop.
(j) FPCSA is not responsible for any transactions and disputes between Workshops and you.
(k) FPCSA is not liable as to the nature or suitability of the service provided by a Workshop to you.
2. Licence to Use Website
(a) FPCSA grants to users of its web service a limited, revocable right to access and use the Website as set out in these Terms and to print pages from the Website only for your personal and informational purposes.
(b) Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of FPCSA.
(c) To use this Website, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website.
(d) FPCSA may terminate your licence to use this Website at any time for any reason at FPCSA's sole discretion, including but not limited to:
(i) Failure by you to accept services pursuant to any confirmed booking made via this Website;
(ii) Failure by you to pay any invoice rendered to you by a Workshop pursuant to booking you make via the Website;
(iii) Supply by you of inaccurate information to FPCSA or to a Workshop or another service provider of ours;
(iv) Harassment by you of other users of the Website;
(v) Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
(vi) Posting by you of material on the Website which promotes non FPCSA authorised commercial activity;
(vii) Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
(viii) Misuse by you of our content or of third party content posted on the Website, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
(ix) Conduct by you that we consider detrimental to our business and our other Website users.
(e) FPCSA may immediately terminate, without any liability to you, any confirmed Booking request at any time, without giving reasons.
3. Warranties and indemnification obligations
(a) To the maximum extent permitted by law, the service on this Website is provided by FPCSA on an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
(b) In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by FPCSA and that, without limiting the foregoing, FPCSA gives no warranty or representation as to:
(i) the results that may be obtained through the use of the Website;
(ii) the accuracy, reliability or otherwise of any information obtained from or displayed on this Website;
(iii) the Website being available at any time or at all;
(iv) the Website being error free;
(v) the nature or quality of any services provided by any Workshop to you as a result of a booking through the Website; and
(vi) the goods and or services purchased or obtained through the Website being of merchantable quality or otherwise suitable for your purposes.
(c) To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless FPCSA 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:
(i) the use of the Website;
(ii) any dispute between you and a Workshop;
(iii) any negligence by a Workshop in the provision of any service to you;
(iv) any loss or damage suffered by or through you arising from or related to the provision of any service by a Workshop; and
(v) any loss or damage suffered by or through you arising from or related to the use of the Website.
(d) FPCSA accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website, including any information provided by or relating to Workshops and other information which appears on the Website. Information displayed on the Website may be:
(i) out of date;
(ii) inaccurate in whole or in part; or
(iii) the result of duplication or confusion between Workshops where two or more Workshops have the same or similar name.
(e) FPCSA will determine, in its sole discretion, the method by which it confirms to you the results of your use of our booking system.
(f) Our confirmation of the booking you have made with a Workshop is the only service FPCSA provides to you via the Website.
(g) After the booking has been confirmed by FPCSA, all further dealings and communication regarding appointments or any services provided to you by the Workshop will be only between you and Workshop.
(h) FPCSA is not liable for liability, costs or damages suffered or incurred by you resulting from any communication directly between you and the Workshop.
(i) FPCSA is not an agent for any of the Workshops included with or on this Website and FPCSA has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Workshop, timing of or attendance at an appointment or quality of service provided by a Workshop.
(a) FPCSA may from time to time review and remove content posted on our Website by you and by other Website users in its sole discretion.
(b) FPCSA 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 on the Website.
(c) If you would like FPCSA to review any material on our Website, please contact us by email at the address set out on this Website.
(d) The Website may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by FPCSA and they are not endorsed by or affiliated with FPCSA in any way, unless otherwise indicated on the Website.
(e) FPCSA is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by FPCSA as to the quality, accuracy or completeness of the third party information or third party websites.
(f) If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, FPCSA accepts no liability or responsibility for your actions or omissions on the linked sites.
5. User Supplied Content
Subject to FPCSA's legal obligations with respect to privacy:
(a) Any information or material submitted by you through any facility on our Website (User Material) will be considered as having been voluntarily submitted by you for use by FPCSA and is not confidential. By providing FPCS with User Material via the Website, you:
(i) grant FPCS a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant FPCS the right to publish the name you use to submit the User Material;
(ii) You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in (i) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
(iii) agree to indemnify and hold FPCS and its directors, officers, agents and employees (for whom FPCS accepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of FPCS never to bring any claim against FPCS related to any User Material or your name that you post on the Website.
(b) You represent and warrant in favour of FPCSA that you are authorised to submit any User Material you submit to FPCSA and that FPCSA is free to use any such User Material without any restriction or prior notice to you, whether for FPCS commercial or non-commercial purposes and without any compensation to any person or entity.
(c) If you post any User material, such as reviews or comments, on our Website, you represent to us and we rely on that representation in publishing such material, that the User Material is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
(d) You acknowledge your understanding that if you post User Material about your experience with a Workshop on our Website, we may also publish that Workshop's response to your post on our Website and that such response will be visible to other users of our Website.
(e) Without limiting any other provision of these terms and conditions, FPCS may at its sole election and at any time, remove or edit User Material, but has no obligation to review User Material or responses posted by Workshops and other persons.
6. Copyright in Website Content
Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by FPCSA or used by FPCSA under licence.
7. FPCSA Trade Marks
(a) Unless otherwise indicated, Fixed Price Car Service and fixedpricecarservice.com.au are trade marks and trade names belonging to FPCSA.
(b) Any use of these trade mark and trade names without our prior written consent is expressly prohibited. Please contact us if you would like to use our trade marks and trade names.
(c) Third party trade marks may appear on this Website and all rights therein are reserved by the registered owners of those trade marks.
(a) You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of FPCSA.
(b) You will be liable for any direct or indirect damages to or loss suffered by FPCSA due to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify FPCSA in respect of any loss or damage suffered by FPCSA due to such actions.
9. Third party incentives and promotions
(a) From time to time, you may be given the option to participate in reward or similar programs to obtain certain products or services provided by third parties (Program Partners) that may be promoted on the Website. Participation in those programs will be governed by separate terms and conditions that you must agree to prior to your decision to participate.
(b) FPCSA will integrate Program Partners into the Website at its discretion.
(c) FPCSA reserves the right to change the terms of any promotion offered with or through any Program Partners at any time. FPCSA is not responsible for changes to or discontinuance of any program.
(d) 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 FPCSA and the Program Partner’s standard terms and conditions (governing for example delivery, refunds etc.) will govern your agreement to acquire those goods or services.
(e) Any offers or representations made by Program Partners are made by the Program Partner only and FPCSA does not give any warranties, guarantees or representations regarding the quality of any merchandise, products or services offered or provided by any Program Partner. FPCSA 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 to you.
10. Limitation of Liability
(a) FPCSA does not charge fees to you for use of its service to make a booking with a Workshop using this Website. To the maximum extent permitted by law, FPCSA will not be liable to you for any direct, indirect consequential or any other damage you may incur as a result of your use of this Website, which is entirely at your own risk.
(b) While FPCSA takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate and FPCSA makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions.
(c) To maximum extent permitted by law, FPCSA accepts no liability or responsibility for the actions or omissions of any Workshop goods or services received by you as a result of your use of this Website service.
(d) As far as lawfully possible, FPCSA accepts no liability or responsibility for the actions or omissions of any other users of the Website in relation to the content contained herein.
(e) All information provided on the Website is general in nature and does not constitute technical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
(f) In no event will FPCSA be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
(g) FPCSA is not responsible for the deletion, failure to store, misdelivery or untimely delivery of any material accessed through the Website or external sites and will not be liable for any damage or loss whatsoever resulting from any users of the website downloading or accessing any information or material through the Website.
(h) FPCSA does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.
(i) FPCSA does not guarantee that files or programs executed and/or downloaded from this Website or provided via this Website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and FPCSA is not liable for any such damage or interference which may be suffered in connection with use of our online services.
(j) FPCSA does not guarantee the security of any information sent to the Website via the internet and such information is sent at the transmitter's own risk.
(k) FPCSA does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.
11. Changes to the Website
(a) FPCSA reserves the right to revise, change, modify or delete the content of any part of the Website, including any product or service available through the Website, at any time in its sole discretion and without prior written notice.
(b) FPCSA reserves the right to terminate or restrict access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.
FPCSA reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.
13. Intellectual Property
(a) You acknowledge that all intellectual property contained on or within the Website is and remains at all times the property of FPCSA or the other parties identified. You agree not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe FPCSA’s intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your 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 FPCSA or the approval of the relevant copyright owner.
(b) 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.
14. Referral Program
(a) You may refer other persons to the Website at any time. From time to time FPCSA may offer a reward based referral scheme to users ( Referral Scheme). However there is no obligation to give you rewards unless:
(i) User referrals are made specifically in conjunction with an authorised Referral Scheme;
(ii) Users have complied with the rules and conditions of the Referral Scheme (which will be published on the Website);
(iii) User referrals are eligible to use of the Website;
(iv) a User referral joins as a User prior to termination of the Referral Scheme; and
(v) a User has not used spam or spamming techniques or other improper means to obtain referrals.
15. Dispute Resolution
(a) All questions or disputes relating to the Website including these terms should be submitted to FPCSA to resolve directly with you.
(b) FPCSA will endeavour to resolve any disputes expeditiously.
(c) The User acknowledges that any complaints or enquiries in relation to any good or services supplied by any Workshop will be directed to the Workshop in question.
(a) We will use and share personal information we have collected about you to provide our service and for our business purposes.
(b) We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
(c) Our third party service providers, including Workshops, may contact you from time to time as required to provide our service and to improve our service.
(e) You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website.
Until such time as you unsubscribe, you authorise FPCSA to send marketing and promotional materials regarding the Website, to you.
17. Applicable Laws
These Terms are governed by the laws of the State of Queensland, Australia.
18. FPCSA Policies
These Terms must be read with any policy we post on the Website, which policies form part of these Terms.
In this Agreement, unless the subject or context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, firm partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to this Agreement;
(f) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
(h) a reference to any party to this document or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns;
(i) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(j) a reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols in written form;
(k) a reference to a time is that time in Brisbane, Queensland;
(l) except as otherwise provided, a reference to a period of time (including without limitation, a year or a month) is to calendar period;
(m) a reference to the Corporations Act is to the Corporations Act 2001 (Cth);
(n) a reference to an "associate" of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, "control" means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
(o) a reference to "dollars" or "$" is to Australian currency.