Terms and conditions

1. TERMS OF WEBSITE USE

The Terms of Use

Asap mob mobile mechanic (ABN 34 149 318 277) (in this agreement, “we” or “us”) owns and operates this website. By using or accessing this website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

We own the website and, unless otherwise indicated, own or are licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission from us. No trademark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of us or the relevant trademark owner.

Security

We cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third-Party Content

This website contains information from or hyperlinks to websites operated by third parties. We provide such information and hyperlinks for your convenience only, but are not responsible for and do not endorse the content of any such information or website.

Revisions

We may revise these Terms of Use or the Terms of Purchase below at any time in our absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

We provide this website and its contents on an “as is” basis and make no representation as to the accuracy, completeness, currency, or reliability of the information contained on this website. We will not be liable in contract, tort (including negligence), or otherwise to you for any direct, special, indirect, or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Our Privacy Policy sets out our commitment to you on privacy.

Governing Law

We operate this website from our offices within Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

2. TERMS OF PRODUCT PURCHASE

The Agreement

In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from us through this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and us once we accept an order. Each accepted order is a separate agreement.

Product Availability

We use our best endeavours to ensure products and services ordered are available for delivery, and in most cases, will notify you where a product is unavailable prior to us completing the job or order. However, you acknowledge that in some cases this is not possible, and we may need to seek alternatives to complete the job or order or cancel that part of the order or job. Where permitted by law, we reserve the right to limit the sale of products to reasonable or normal household quantities.

Returns

Return claims (including for replacement products, refunds, or credits) are detailed in our Returns Policy within the Terms and Conditions of Sale. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return and the process that you need to follow.

work as set out in the Service Authorisation and (in the absence of manifest error) all amounts set out in that document become due upon completion of the relevant work and must be paid on or before completion of the work, unless we have agreed otherwise. In the event that there is an outstanding amount owed by you to us costs including but not limited to interest and administration fees may be incurred.

If your vehicle is ready for collection and we have notified you of its completion, you must collect and pay for the vehicle within 48 hours of such notification. If the vehicle is not collected and paid for within this 48-hour period, we reserve the right to charge a vehicle management and storage fee at a base rate of $50 per day, though the fee applied may vary from this base rate, until the vehicle is collected and all outstanding amounts are paid in full.

To the extent allowed by law, in the event that you:

become bankrupt;
have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”); or
any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed,

this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

5. Returns Policy (of product purchase only without service)

Our returns policy does not affect your rights under the Australian Consumer Law. This policy is provided in addition to your rights under the Australian Consumer Law.

You may return a product for a refund or exchange within 7 days with proof of purchase, unless that product is:

a special or specific order part;
a discontinued part;
not in resalable condition;
a tyre or other product that has been fitted to a vehicle; or
not in its original packaging (with manuals and documentation).

We will not be liable for your freight or other costs in returning products unless otherwise agreed, or where you are entitled to such costs under the Australian Consumer Law.

6. Australia-Wide Guarantee

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods and/or services fail to be of acceptable quality and the failure does not amount to a major failure.

You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (“Lien”), to secure payment of any or all amounts outstanding from time to time.

You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.

Where your vehicle has been removed from our possession unlawfully or through fraud, we reserve the right, where appropriate and permitted by law, to repossess the vehicle to reinstate the Lien, provided such repossession is conducted in accordance with applicable Victorian and Australian laws. This may include but is not limited to obtaining any necessary authority, court orders or written consent to enter private property. Any costs incurred in repossessing the vehicle, including legal or administrative fees, will be added to the outstanding amounts owed by you.

9. Abandonment

If any amounts outstanding have not been paid within one calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle and/or all goods in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles.

In the event that we sell your vehicle and/or goods, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and costs including but not limited to the costs of arranging and exercising the right of sale.

10. Liability

We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.

We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.

In the event that your vehicle is not registered, you agree to inform us that your vehicle is not registered and should not be test driven by us. We will not be liable to you or any third party in respect of any claim for breaches of the relevant road traffic or other authority.

11. Authority In Respect Of The Vehicle

You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services set out in the Service Authorisation in respect of your vehicle, including (but not limited to):

access to and entering the vehicle;
working on your vehicle;
creating a suitable work space or environment to work on your vehicle; and
test driving your vehicle.

12. Privacy

We will comply with all applicable privacy legislation, including the Privacy Act 1988 (Cth).

Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:

our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
reminders that your vehicle may be due for a service or that your registration may be due for renewal;
advising you of information which may be relevant to you, including store closures or openings; and
advising you of offers that we feel may be of interest to you.

If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact our Customer Service Centre on 1300 223 263.

Our Privacy Policy is available on our website and tells you more about how we usually use and disclose your personal information and how you can ask for access to it.