This document governs Your use of the Repairy Platform (Service). In this document, “You” or “Your” means:
- Repairy’s business subscribers (Subscribers), which includes their employees, officers, agents, individual contractors and representatives who are authorised to use the Service (Permitted Users); and
- their customers (Customers).
This document is a binding agreement between You and Repairy Pty Ltd (ABN 56 619 121 087) (Repairy, us, we or our), being the owner and operator of the Service. By creating a user account or otherwise using the Service, You agree to be bound by the terms and conditions of this document. If You are a Subscriber, this document is incorporated into Your Repairy Platform Agreement by reference. From time to time, these terms and conditions may change. You can find the current terms and conditions at any time on the Service www.repairy.com.au or on our website at https://www.repairy.com.au/terms-and-conditions. Please check the Service or our website regularly so You are aware of any changes. Your access to and use of the Service is subject to the following terms and conditions.
1. ACCESS AND USE
1.1 You must become a registered user in order to use the Service.
1.2 If You are a Customer, You must not use the Service for or on behalf of any other person.
1.3 If you are a Permitted User, you must use the Service in accordance with this document and the Repairy Platform Agreement between your organisation and Repairy, and you must not use the Service for or on behalf of any other business or organisation.
2. BOOKINGS AND COMMUNICATIONS
2.1 The Service permits You to manage auto servicing and repair bookings (Bookings), and send and receive communications via the messaging service (Communications).
2.2 You are responsible for all Bookings and Communications which you make. You must not make any Communication using the Service which:
(a) is defamatory, misleading, deceptive, fraudulent, offensive, threatening, illegal, pornographic or obscene; or
(b) contains any virus, malware, Trojan horse, worm, time bomb, back door or other such malicious software or code.
2.3 You agree to indemnify Repairy on demand for any loss suffered by Repairy in breach of clause 2.2.
2.4 You acknowledge that:
(a) Repairy is not responsible for any cancellations by Customers or Subscribers for auto servicing and repair bookings made via the Service;
(b) Repairy may retain a copy of any Booking or Communications data on its systems for a reasonable period to comply with its legal obligations; and
(c) Repairy may delete any Communication or close or disable any user account at any time, but will usually only do so if it believes that such Communication or user is in violation of this document or the law.
3. SECURITY, SUPPORT AND REPORTING UNAUTHORISED ACCESS
3.1 Your account and Your access to the Service are personal to You and You must not authorise others to use Your account. You acknowledge that Your username, password and security key through which You can access and use the Service (Login Details) are confidential.
3.2 You must keep Your Login Details secure, secret and confidential. If You are using the Service on behalf of an organisation, You may share Your Login Details within the organisation to individuals who need to access the Service provided those individuals also keep the Login Details secure, secret and confidential.
3.3 If You experience any issues accessing the Service, or have any questions in relation to the Service, You can contact us at hello@repairy.com.au (Repairy Support).
3.4 If You know or suspect your account has been accessed without authorisation, You must immediately contact Repairy Support and must also immediately change Your Login Details.
4. YOUR RESPONSIBILITIES
4.1 You must comply with any applicable law, including any Australian State or Federal law or any law of another country which applies to you, in connection with the use of the Service and any reasonable directions given by us in relation to the use of the Service.
4.2 We may, at any time, set and enforce limits on Your use of the Service, at our sole discretion. If we choose to implement these limits, you agree to, and will not attempt to circumvent, such limitations. If you would like to use the Service beyond these limits, you must obtain our express consent. We may accept or decline such request, or impose additional terms and charges for that use.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All Intellectual Property Rights in and to the Service are owned by Repairy or its licensors.
5.2 You must not copy, modify, adapt, translate, prepare derivative works from or reverse engineer any part of the Service, or authorise, allow or provide the means for others to do any of these things.
5.3 Repairy may update, modify or change the functionality of the Service at any time, provided that such any such change does not substantially change the functionality of the Service.
5.4 In this clause 5, “Intellectual Property Rights” means all intellectual or industrial property rights anywhere in the world, whether existing now or in the future, or whether registered or unregistered. It includes rights in the layout and design of the Service screens or any trade mark/logo/brand used by Repairy.
6. PRIVACY
6.1 By creating a user account or otherwise using the Service, You acknowledge Repairy’s collection, use and disclosure of Personal Information in accordance with the Repairy Privacy Policy https://www.repairy.com.au/privacy-policy.
6.2 Where You disclose any Personal Information to Repairy (through using the Service or otherwise), You warrant that You have the obtained any required consent of the relevant individual to the disclosure.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 All express and implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, this document are excluded other than:
(a) as expressly stated in this document; and
(b) guarantees which by law cannot be excluded or modified by agreement including those under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
7.2 If we are liable for a breach of a guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to the following (at our option):
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again.
7.3 Subject to the liability position stated above, the Service is provided on an “as is” and “as available” basis. Repairy does not guarantee that the Service or any data will always be available or be uninterrupted, timely, secure, accurate, reliable or free from errors and omissions or computer viruses.
7.4 You understand and agree that Your use of the Service is at Your own discretion and risk and that You will be solely responsible for any damage or loss whatsoever that results from such use.
8. DISPUTES
8.1 You acknowledge that the Service is provided by Repairy to facilitate:
(a) interactions with Your Customers, if You are a Subscriber or Permitted User; or
(b) interactions with Subscriber(s), if You are a Customer.
Accordingly, you further acknowledge that:
(c) Repairy does not itself provide any services to either Subscribers or Customers (with the exception of providing the Service);
(d) any disputes between the relevant parties must be managed by those parties; and
(e) You agree that Repairy will have no responsibility to investigate, mediate or settle any dispute between You and any other person that uses the Service.
8.2 Repairy may assist You in investigating any conduct which You believe is in violation of this document or the law, but it is not obliged to.
9. GENERAL
9.1 This document is governed by the law of Victoria, Australia, and You submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
9.2 We may assign or novate this agreement to any other person on written notice to You. You must not assign, novate or sub-license any of Your rights or obligations under this agreement to any person without our prior written consent. Any purported dealing in breach of this prohibition is void and of no effect.
9.3 In the event that any part of these terms and conditions are void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these terms and conditions will remain in full force and effect.
10. CONTACT DETAILS
If You have an questions, comments with respect to the Service or this document, please direct them to:
Repairy Pty Ltd
Email: hello@repairy.com.au
