The use of the online motor vehicle service booking system known as “Roadworthy Hero” which is provided by STRICTLY SERVICE PTY LTD - Australian Company Number 136 816 665 (“SS”) - is governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and SS. You should read the terms and conditions of this Agreement carefully. Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen indicating your acceptance of this Agreement, or by proceeding to use the Services you (the “Customer”) will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

  1. THE SS SERVICES

    1. SS will provide the following to the Customer (“Services”):
      1. SS will permit the Customer to engage a Provider, to provide the Service Tasks or other goods and services specified by the Provider on the Site, on the Customer’s nominated motor vehicle, or to undertake a pre-purchase inspection of the Customer’s nominated motor vehicle, on a particular date and time as specified by the Customer (subject to the date/time being available) (“Booked Services”);
      2. SS will provide a payment facility to enable the Customer to pay for Booked Services; and
      3. SS will provide a tax invoice in respect of payments made by the Customer.
    2. If the Customer requires the Provider to provide goods and services in addition to the Service Tasks or the other goods and services purchased through the Site (“Additional Services”), then these must be separately agreed between the Customer and the Provider at the time the Customer delivers their vehicle to the Provider.
    3. SS will not be responsible for the supply or delivery of the Booked Services to the Customer. The Provider selected by the Customer on the Site is solely responsible for supplying the Booked Services to the Customer.
    4. The Customer acknowledges and agrees that SS acts as a booking agent only and that the services listed in clause 1.1 constitute SS’s only obligations to the Customer in respect of the supply of Booked Services.
    5. SS may refuse to sell or supply any Booked Services to the Customer or process any payment made by the Customer at any time in its sole and absolute discretion including, without limitation, where the Services are used in an illegal, fraudulent or unethical manner or in a manner which, in SS’s sole opinion, is likely to bring SS into disrepute or to impact the use of the Services by SS’s other customers.
  2. ACCOUNT SETUP

    1. The Customer agrees to create an Account at the Site with SS in order to use the Services.
    2. The Account will be created using SS’s online sign up process, or any other method specified by SS from time to time.
    3. The Account will permit the Customer to login to the Site to purchase Booked Services, and manage their Account.
    4. The Customer agrees to keep confidential and secure any username or password used to access the Account.
    5. The Customer warrants that all information provided to SS in the setup of the Account is true and correct in every detail.
    6. The Customer agrees that it will only use the Account for the purposes of purchasing Booked Services for their own use and for no other purpose.
    7. The Customer warrants that it is 18 years of age or older. If the Customer is under 18 years of age, then the Customer must procure its parent or legal guardian to purchase Booked Services on the Customer’s behalf.
  3. BOOKING INFORMATION

    1. The Customer agrees and acknowledges that:
      1. It will only attempt to book in Booked Services offered by Providers at the times and dates available, as stated by the Providers in an online calendar provided on the Site (“Booking Date”).
      2. It may only attempt to book dates which are further than 2 Business Days away from the date the Customer accesses the Site to make a booking.
      3. It will provide accurate information as requested by SS in respect of the motor vehicle to be serviced or inspected, including but not limited to the registration number, make, model, year, details of any damage sustained by the motor vehicle and kilometres travelled by the motor vehicle. Where available, the Customer will also provide the vehicle identification number.
      4. The Provider will rely on the information provided by the Customer in providing the details and description of the Service Tasks to be undertaken in relation to the Booked Services by the Provider.
      5. Any Additional Services requested by the Customer are not included in the price of the Booked Services (“Booked Services Price”) and that the cost of these will be separately charged to the Customer by the Provider in addition to the Booked Services Price.
      6. The Customer will be responsible for organising the collection of their motor vehicle from the Provider once the Customer is advised that the Booked Services are completed.
      7. Once the Provider indicates to SS that the Booked Services are completed, SS will charge the credit card of the Customer or process any other alternate payment method for the Booked Services Price, together with any Booking Fee and other charges payable hereunder.
  4. CONDITIONS OF SALE OF BOOKED SERVICES

    1. The following conditions apply to the sale of Booked Services and payment for same:
      1. Booked Services must be paid for by credit card or other alternate payment methods offered by SS from time to time. A purchase will not be processed unless the Customer correctly provides all information requested by SS at the time a booking is made.
      2. In addition to the Booked Services Price the Customer may be required to pay certain fees and charges which SS imposes from time to time including, without limitation, any Booking Fees.
      3. Taxes may apply to the sale and/or payment of Booked Services. Unless otherwise stated at the time of payment, the price of the Booked Services will be inclusive of GST and other applicable Taxes.
      4. The Booked Services are not transferrable and the Customer cannot resell the Booked Services to any other person or in respect of any other vehicle other than the vehicle in respect of which the Booked Services were initially purchased by the Customer.
      5. All transactions on the Site are conducted in Australian currency (AUD).
      6. SS will deliver a tax invoice to the Customer in respect of their purchase via electronic means which may include, without limitation, displaying the receipt on screen for the Customer to print or emailing the receipt to the Customer.
      7. SS may send the Customer emails after the purchase of Booked Services for the purpose of marketing and service reminders. The Customer is able to unsubscribe from these emails at any time.
  5. CANCELLATIONS AND BOOKING CHANGES

    1. The Customer may cancel Booked Services at any time prior to the Booking Date.
      1. If the cancellation occurs more than 24 hours prior to the Booking Date, A Cancellation Fee will apply.
      2. If the cancellation occurs less than 24 hours prior to the Booking Date, A Cancellation Fee will apply. For the purposes of the forgoing, a failure by the Customer to attend the Provider’s premises on the booking date will be considered a cancellation. The Customer agrees that paying the Cancellation fee represents a reasonable estimate of the loss and damage which the provider suffers as a result of the cancelled booking.
    2. The Customer may vary the Booking Date more than 24 hours prior to the Booking Date of same free of any charge.
      1. The Customer acknoweldges that the Service Provider may request to either Cancel or Re-schedule a Booked Service at any time. For the purpose of the forgoing, The Customer may allow the cancellation or Re-scheduling of their Booked Services without liability for a Cancellation or Re-scheduling Fee.
      2. The Customer acknowledges that any requests to Cancel or Re-schedule a Sevice Booking either by or on the Customers behalf via the Strictly Service Website, Telephone, Email, or any other method of communication with the Booked Service Provider, Clause 5.1(a) will apply to any such change.
    3. The Customer acknowledges that SS’s computer system uses information provided by third parties to determine the Service Tasks which the Customer requires for their Booked Services. The extent of the Service Tasks in turn determine the price and period of time required to provide the Booked Services. From time to time, the information provided to SS may not be up to date or contain errors in respect of the Customer’s nominated vehicle, which in turn may generate inaccurate Service Tasks and an inaccurate price for the Booked Services. Where this occurs, the Customer may cancel their Booked Services without liability for a Cancellation Fee, if such cancellation is made due to SS’s computer system providing the wrong Service Task information to the Provider, which when it becomes known after the Customer has made a booking for their vehicle, increases the amount payable by the Customer to the Provider for the Booked Services.
  6. REFUND POLICY

    1. As the Booked Services are provided by the Provider, SS will not provide the Customer with a refund for the Booked Services Price, unless required by law. The Customer must raise any refund, warranty or other consumer entitlement directly with the Provider as the supplier of the Booked Services.
    2. If a refund is made to the Customer in respect of the Booked Services by the Provider SS may, to the extent permitted by law, retain any Booking Fee or other fees and charges which SS has charged the Customer in addition to the Booked Service Price.
    3. If the Customer purports to transfer or sell Booked Services in breach of this Agreement, the Booked Services will be cancelled and the Customer will not be entitled to a refund.
  7. LIABILITY AND DISCLAIMER

    1. Booked Services are sold by SS on behalf of the Provider. Any legal agreement or contract in relation to the Booked Services (“Supply Agreement”) is between the Customer and the Provider. SS’s only obligation to the Customer in respect of the Booked Services is the provision of the Services in accordance with this Agreement.
    2. The Customer agrees that SS will not be liable or responsible for any act, omission or negligence in connection with the Services or the Booked Services nor for any act, omission or negligence of the Provider in any way whatsoever including, without limitation:
      1. failure of the Provider to honour any representations, warranties, undertakings or fulfil their other obligations in respect of the Booked Services or the supply of same;
      2. any failure of the Provider to comply with the terms of the Supply Agreement; or
      3. any failure of the Provider to fulfil any other obligation to the Customer, including, without limitation, any obligation arising under any law.
    3. The Customer acknowledges that SS has not made any warranties that the Booked Services will be adequately performed, completed or otherwise comply with the manufacturer’s recommended scheduled servicing requirements.
    4. The Customer agrees that SS will not be liable or responsible for any failure or delay in relation to the provision of the Booked Services or in SS complying with its obligations under this Agreement, where such failure or delay has a arisen as a direct or indirect result of:
      1. fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
      2. denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
      3. a significant demand being placed on SS’s services which is above the usual level of demand and which results in a failure of SS’s software and hardware to function correctly;
      4. the failure of any third party (including without limitation, the Provider, any bank or other financial organisation) to fulfil any obligations to SS or to the Customer; or
      5. any other circumstances or event similar to the above which are beyond the reasonable control of SS.
    5. The Customer acknowledges that SS has not made and will not make any express or implied warranties in relation to the Services or the Booked Services or any other goods or services provided by SS under this Agreement, other than those warranties expressly contained in this Agreement. Subject to applicable law, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
    6. The Customer agrees that SS will not be liable in respect of any claim by the Customer (whether contractual, tortuous, statutory or otherwise) for any special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services, the Booked Services or the provision of any other services under this Agreement and whether as a result of any negligence of SS, any breach or default by SS, to the maximum extent permitted by law.
    7. The customer acknowledges and agrees that the maximum liability of SS under this Agreement for any and all breaches of this Agreement, and for any negligence in relation to this Agreement, will not exceed the total amounts paid by the Customer to SS for any Booked Services less the Booked Services Price for those Booked Services.
    8. If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of SS is limited, at the option of SS, to:
      1. in the case of goods, any one or more of the following:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. in the case of services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
    9. 6.9 Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of SS will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the Customer’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute or by the Australian Consumer Law.
  8. DISPUTES, QUESTIONS, CONCERNS

    1. Any concerns or issues relating to the Customer’s use of the Services or the supply of Booked Services should be directed to SS in writing by sending an email to disputes@strictlyservice.com.au.
  9. PRIVACY

    1. SS will collect personal information of the Customer including their name, contact details and payment details (including, without limitation, credit card details) (“Customer Information”). SS will pass onto the Provider the name and contact details of each Customer, together with a description of the Booked Services they have purchased but SS will not pass on payment information of the Customer to the Provider.
    2. SS agrees that it will only use the Customer Information for the purposes of this Agreement and for the purposes of interacting with Customers in relation to their purchase of the Booked Services, their payment for same or for marketing purposes.
    3. SS warrants to the Customer that it will comply with all privacy laws and data protection laws (including, without limitation, the Privacy Act 1988 (Cth)) in relation to the storage, use and transfer of Customer Information.
  10. RELATIONSHIP OF THE PARTIES

    SS is the independent service provider and contractor of the Provider and is not the partner, agent or employee of the Provider or the Customer. Neither party has the power to bind the other in relation to any obligation owing to a third party. The Customer agrees that any agreement for the sale of the Booked Services will be between it and the Provider and that SS will only be obliged to provide the Services and process the payment of the Customer in accordance with this Agreement.

  11. TESTIMONIALS

    1. The Customer may leave a testimonial on the Site in relation to the services provided by the Provider.
    2. SS will take all reasonable steps to remove any defamatory or offensive material in any testimonial posted on the Site by a Customer upon receipt of a written request to do so by a Provider.
    3. While inflammatory language is strongly discouraged, any testimonial containing such language won't be removed by SS unless it also contains other content that is inappropriate. SS reserves the right to remove such language if it deems these comments to be defamatory.
    4. Testimonials that contain references to
      1. personal identification of another user or Provider of the Site (including name, address, phone number, or email address);
      2. political, religious, or social commentary rather than a genuine comment about the Booked Services;
      3. comments, replies, or follow-ups that do not refer to the Booked Services; or
      4. profane, vulgar, obscene, racist language or adult material
      will be reviewed by SS, who may report and/or remove the offending content or restrict or suspend the Customer’s account in its absolute discretion.
    5. The Customer acknowledges and agrees that SS has absolute and unfettered discretion to manage and control the content on the Site at all times.
  12. DEFINITIONS AND INTERPRETATION

    1. In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
      Account
      means an online account with SS through which the Customer may access and use the Site and the Services
      Additional Services
      has the meaning given in clause 7.2
      Alternate payment method
      means a method of payment (other than payment by credit card) which is accepted by SS from time to time
      Amendment Date
      has the meaning given in clause 13
      Booking Date
      has the meaning given in clause 3.1(a)
      Booking Fee
      means the booking fee charged by SS from time to time, which is charged by SS to the Customer in respect of each booking made using the Services and the Site and which is in addition to the Booked Services Price
      Booked Services
      has the meaning given in clause 1.1(a)
      Booked Services Price
      has the meaning given in clause 3.1(e)
      Cancellation Fee
      means the cancellation fee specified by SS from time to time, which is charged by SS to the Customer in accordance with clause 5
      Customer
      means the person so identified in this Agreement as the “Customer
      Customer Information
      has the meaning given in clause 9.1
      Provider
      means the mechanic selected by the Customer on the Site to undertake the Booked Services SS means STRICTLY SERVICE PTY LTD - Australian Company Number 136 816 665
      Services
      means the services provided by SS which are described in clause 1.1
      Service Tasks
      means the motor vehicle manufacturer’s recommended scheduled service tasks particular to the make, model and details of the motor vehicle specified by the Customer when purchasing Booked Services
      Site
      means www.strictlyservice.com.au and/or any other website from which SS offers the Services from time to time
      Supply Agreement
      has the meaning given in clause 7.1
      Taxes
      means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement
    2. In the interpretation of this Agreement, unless the contrary intention appears:
      1. a reference to this Agreement means a reference to an agreement between SS and the Customer on the terms and conditions of this document and includes an amendment or supplement to, or replacement or novation of this Agreement;
      2. the words “includes” or “including” mean “includes without limitation” or “including without limitation”;
      3. a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
      4. the singular includes the plural and vice versa;
      5. a reference to any gender includes a reference to all other genders;
      6. a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
      7. an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
      8. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
      9. headings are inserted for convenience only and do not affect the interpretation of this Agreement.
  13. MISCELLANEOUS

    1. SS may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to the Customer (“Amendment Date”). The Customer agrees that without limiting the ways in which it may be bound by such amendments, it will be deemed to have agreed to such amendments by making use of or accessing the Services after the Amendment Date.
    2. Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
      1. in the case of a notice delivered by hand, when so delivered;
      2. in the case of a notice sent by pre paid post, on the third day after the date of posting;
      3. in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that the facsimile has been successfully sent; or
      4. in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
    3. This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement to the maximum extent permitted by law.
    4. A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
    5. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
    6. SS may assign its rights and novate or transfer obligations which arise under this Agreement. The Customer must not assign, novate or otherwise transfer its rights or obligations under this Agreement without the prior written consent of SS (which may be withheld).
    7. Each provision of this Agreement capable of having effect after termination and each representation and warranty made in this Agreement will survive the execution, delivery and termination of this Agreement and the performance of all obligations under this Agreement and will not merge on termination.
    8. The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
    9. This agreement is governed by, and must be construed in accordance with, the laws of the State of Queensland, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia and their Courts of Appeal.
  14. CREDIT CARD SECURITY

    1. SS does not store credit card numbers or details on our server. All credit card transactions are protected by Secured Sockets Layer (SSL) 256 bit encryption, as depicted by the “locked” icon in your browser window.
    2. SS’s credit card gateway is PCI DSS compliant.

Contact Information

Email:
info@strictlyservice.com.au