Terms & Conditions

END USER TERMS AND CONDITIONS

Agreement to be bound

1.1 The following describes the terms on which iNeedAService Pty Ltd offers you access to our services on this website (which website for the avoidance of any doubt includes all its constituent parts and derivatives). In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with the Privacy Policy which can be found at http://www.clang.com.au/privacy-policy

Terminology

1.2 In this Agreement:

(a) the expressions "we", "us" and "our" are a reference to iNeedAService Pty Ltd;

(b) the expressions "you" and "your" or like words are a reference to the user of the services on the iNeedAService Pty Ltd website being the website of which these terms and conditions form part;

(c) without limiting the foregoing in para 1.2(b), where the context permits, a reference to "you" includes anyone acting on your behalf or with your express or implied authority;

(d) Member means a person, organisation or body registered as a member with Capricorn Society Limited as a Capricorn Society Member or Authorised Purchaser;

(e) Privacy Policy means our privacy policy published on the Site;

(f) Site means our website and includes all its constituent parts and derivatives;

(g) Subscriber means a person, organisation, body or other legal entity registered with iNeedAService Pty Ltd as a subscriber of its services; and

(h) User means an end user.

Amendment to terms and conditions

1.3 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Acknowledgements and release

1.4 You acknowledge that:

(a) we do not carry out background or suitability checks prior to registering an organisation or individual as a Subscriber;

(b) a Subscriber listed on this Site is listed as such due to their registration as a Member with Capricorn Society Limited. Their status as a Member does not constitute a recommendation or endorsement by Capricorn Society Limited of the Subscriber; and

(c) we are not involved in any actual transaction between you and a Subscriber or other vehicle repairer. We cannot ensure and do not guarantee that a Subscriber or User of our Site will actually complete a transaction or act lawfully in using the Site.

1.5 To the full extent permitted by law, we disclaim all liability and responsibility for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, contingent and inchoate, arising out of or connected in any way with your transaction with any Subscriber.

1.6 We may plead these terms and conditions in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction conducted on this website.

Disclaimer

1.7 This Site may contain information and advertisements provided by third parties. We do not warrant the accuracy, adequacy or completeness of information or links provided on this Site nor do we undertake to keep this Site updated. The information is provided 'as is', without any express or implied warranties. You use the information and links at your own risk. We take no responsibility for the content of internet sites that link from this Site. Except as set out below, we exclude all:

(a) warranties whether express or implied, statutory or otherwise, relating in any way to this Site or your use of this Site; and

(b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of services or loss of data) arising from or in connection with any use of the information on or access through this Site for any reason whatsoever (including negligence).

1.8 Where any statute implies any term into your use of or any arrangement arising out of the accessing of this Site and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, our liability for any breach of such term is limited to the resupply of services or the payment of the cost of having the services supplied again.

1.9 If you become aware of any inaccuracies or omissions in the information on this Site, we would be grateful if you could bring this to our attention.

Specific warnings

1.10 You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.

1.11 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to risk of viruses, malicious computer codes or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.

1.12 We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside our control, we shall not be liable.

1.13 We do not offer any form of insurance or other protection. The Site merely provides the online venue for Users to search for automotive businesses and make a booking at their discretion. We are not otherwise involved in the transaction and interactions between Users and Subscribers or other automotive businesses.

1.14 Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Access and interference

1.15 Our Site may include robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without our prior written permission. You agree that you will not use any device, software, or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without our prior written permission and, if applicable, the party authorised to grant such permission.

Copyright

1.16 Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or

(b) commercialise any information, products or services obtained from any part of this Site,

without our written permission.

Trademarks

1.17 Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of iNeedAService Pty Ltd.

Restricted use

1.18 Unless we agree otherwise in writing, you are provided access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.

Linked web sites

1.19 This Site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.

1.20 We are not responsible for the content or privacy practices associated with linked web sites.

1.21 Our links with linked web sites should not be construed as an endorsement, approval preference or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary. You access the Site and use any products or services at your own risk.

Privacy policy

1.22 Your information will be treated in accordance with the terms of our Privacy Policy which can be found at http://www.clang.com.au/privacy-policy

Security of information

1.23 No data transmission over the Internet can be guaranteed as completely secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Termination of access

1.24 Access to this Site may be terminated at any time by us without notice.

General

1.25 If any of these terms and conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

1.26 If we do not act in relation to a particular breach by you of these terms and conditions, this will not be treated as a waiver by us of our right to act with respect to that or subsequent or similar breaches.

1.27 These terms and conditions are governed by the laws in force in Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia.