Terms and Conditions
1.1 This agreement sets out the terms and conditions (“T&Cs”) that govern your access to and participation in the subscription service where we will provide the services and packages as set out on our Website (“Subscription Service”) facilitated and run by Ozsports Auto Centre ABN 75 625 756 336 (“Ozsports Auto Centre”, “We”, “Us”, or “Our”).
1.2 These T&Cs are a legal agreement between you (“You” or “Your”) and Us, and by completing the online application form and paying us to join our Subscription Service, You agree to be bound by these T&Cs, so it is important that You read these T&Cs carefully before applying.
2. Subscription Service and Subscription Fees
2.1 You may apply to join the Subscription Service by completing the application form and paying the Subscription fee on Our website https://ozsportsauto.com.au/(“Website”). You agree to provide accurate, current and complete information about yourself and your vehicle as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Subscription Service if We suspect that such information is inaccurate or incomplete.
2.2 Your Subscription Service commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Subscription Fees”).
2.3 We may review and approve or deny Your Subscription Service application at Our sole discretion.
2.4 Your Subscription Service continues until terminated in accordance with these T&Cs.
2.5 You may sign up for the Subscription Service using the online application form located on Our Website.
2.6 The Subscription Service continues for the term selected by you on the Website. At the end of the period you have selected, the Subscription Service will automatically renew unless otherwise notified by You in writing at least 7 days before the end of the Subscription Service period.
2.7 You will pay Us the Subscription Fees in weekly instalments over the Subscription Service period you have selected:
a). by electronic funds to an account nominated by Us; and
b). following receipt of a Tax Invoice from Us.
2.8 You acknowledge and agree that the Subscription Fees do not include any work required to your vehicle that is not included in the Subscription Service packages set out on our Website and should you require us to undertake work outside the scope of the Subscription Service packages, this will incur an additional fee in accordance with the quote we provide to you.
2.9 The Subscription Fees irrespective of which payment option is selected, is non-refundable except as required by law. We do not provide refunds simply because Your situation has changed or You have changed Your mind. Where you have selected to pay in weekly instalments, and you wish to cancel, you may do so at the end of the Subscription Service Term. Where you cancel before the end of the Subscription Service Term, you must pay the balance of Fees due for that Subscription Service Term before you are released from your periodic payment obligations.
2.10 If You do not pay Us any portion of the Subscription Fees when due Your Subscription Service may be cancelled, suspended, or You may be refused Subscription Service entitlements and benefits until all outstanding amounts are paid.
2.11 You must inform us immediately if Your payment details change. If payment is declined, your access to the Subscription Service will be suspended until payment has been updated and You must pay all monies due.
2.12 In the event of a failure by You to pay the Subscription Fee, in addition to the rights set out in this clause, we also reserve the right to:
a). charge You interest at the Interest Rate of 2.5% per month on such Subscription Fees from the date they were due until the date they are paid; and
b) where We have to recover any unpaid Subscription Fees through an external agency, You will pay Us all legal costs and collection agency costs involved in the recovery on a full indemnity basis.
3. Subscription Service Entitlements, Benefits and Complaints Procedure
3.1 During your Subscription Service, We will provide You with certain Subscription Service benefits, that may include products, classes, workshops or courses. Note however, Subscription Fees are payable irrespective of whether you use your Subscription Service entitlements or benefits.
3.2 During your Subscription Service, you may also be invited to participate in our Facebook group, in order to be admitted and retain access to the Facebook group, you will be required to comply with the Facebook group rules. Where you breach the Facebook group rules, your access will be removed and depending on the severity of your breach of the rules, your Membership may also be cancelled.
3.3 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed [here].
3.4 Any complaint submitted in accordance with clause 3.3 above must include the following information at a minimum:
a). Your name;
b). the email address You used to apply for the Membership;
c). details of Your concern or complaint;
d). details of what You would like Us to do to resolve the matter; and
e). copies of any relevant correspondence.
3.5 We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
4. Intellectual Property Rights
4.1 Where we provide Subscription Services Materials:
a). We retain ownership of all Intellectual Property Rights (including Moral Rights) in Subscription Service Materials;
b). the Subscription Services to the extent they contain Subscription Service Materials, You are granted (subject to You paying Membership Fees) a single use, limited right to use Subscription Services Materials and:
(i) it may only be used for the purposes set out in the T&Cs, as part of Your Membership;
(ii) You will not modify the Subscription Services Materials; and
(iii) You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties;
c). where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Subscription Service; and
d) Your use of the Subscription Service Materials may also be subject to our Website Terms and Conditions.
4.2 For the purposes of this clause and the T&Cs, (“Subscription Services Materials”) means all tools developed and/or utilised by Us in performing the Subscription Services, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.
5.1 We may terminate the T&Cs and Your Subscription Service with immediate effect, by giving You written notice if:
a). You do not pay the Membership Fees when due;
b). You fail to comply with any of the provisions of these T&Cs or otherwise breach any undertaking, warranty or obligation under this agreement;
c). engaging in conduct injurious or potentially harmful to Our reputation;
d). disclosing Confidential Information without consent.
e). You fail to conform or abide by Our applicable rules, policies or procedures;
f). Your actions are contrary to Our interests; or
g). We consider that mutual trust and/or confidence no longer exists.
5.2 If We terminate Your Subscription Service, We may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by You.
6. Disclaimer, Warranties and Indemnities
6.1 By referencing any programs, courses, products or services throughout the Subscription Service, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of such programs, classes, courses, products or services.
6.2 You and We agree that:
a). We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Membership, except as expressly permitted by law and as set out in these T&Cs;
b). You have a number of rights and consumer guarantees under Australian Consumer Law, including that Our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period;
c). If during Your Subscription Service, We do not meet the guarantees above, please contact Us immediately and provide Us with details and evidence (if possible) of the problem, in accordance with clause 3;
d). If Our services are confirmed to have a major problem i.e. not delivered to you or not provided as stated, We will re-supply the services or refund all or part of the Subscription Service Fee (as applicable) to Your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which You may have been partially responsible for the problem;
e). We do not offer refunds where You insisted on having the Subscription Services provided in a way that is contrary to Our advice, failed to clearly explain Your needs to Us or simply changed Your mind;
f). We cannot guarantee and We do not promise any specific results from the Subscription Service; and
g). You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.
6.3 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
a). the use or inability to use the Subscription Service;
b). Using your vehicle contrary to manufacturer’s recommendations and/or guidelines;
c). Your failure to ensure your vehicle is brought in within the timeframe specified for a service;
d). Your failure to heed any instructions or recommendations we provide as part of the Subscription Service; or
e). Your failure to take your vehicle for inspection upon receiving any warning notifications.
7. Confidentiality and Privacy
7.1 Each party agrees that, unless it has the prior written consent of the other party, it will:
a). keep confidential at all times, the Confidential Information of the other party; and
b). ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause;
7.2 However, the obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:
a). is for the purpose of performing the T&Cs or exercising a party’s right under the T&Cs;
b). is required by Applicable Law; or
c). relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
7.3 For the purposes of clause 7.1, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, participation in any classes or workshops, Membership passwords, ebooks, any content provided by Us, information relating to concepts, trade secrets, know-how, systems and processes (“Confidential Information”).
8.1 You and We agree that We are independent contractors and that the relationship between You and Us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold yourself out as being entitled to contract, make any representations or otherwise bind Us.
8.2 The T&Cs constitutes Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
8.3 The formation, construction, performance and enforcement of the T&Cs will be in accordance with the laws in force in Queensland, Australia. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
8.4 We reserve the right to change these T&Cs or to modify Subscription Service benefits or entitlements at any time. If these T&Cs or the Subscription Service benefits or entitlements are changed, We will provide You with the updated version of the T&Cs. You may choose whether to accept the updated T&Cs or to terminate Your Subscription Service.
8.5 Whenever possible, each provision of the T&Cs will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the T&Cs is held invalid or unenforceable, the remainder of the T&Cs will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
8.6 You cannot assign the T&Cs or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the T&Cs or otherwise deal with the benefit of it or right under it without Your consent.