BookingGuru Customer Terms
Effective Date: 31/1/2024 (AEST)
1. General
(a) In consideration of you agreeing to comply with these Terms, we will provide you with access to and use of the BookingGuru platform (Platform) to request quotes and make bookings for vehicle services and repairs with the identified service providers (Supplier).
(b) In these terms and conditions (Terms), AutoGuru, we, us or our means AutoGuru Australia Pty Ltd ACN 603 218 515 and you or your means the person(s) using the Platform.
(c) By accessing any part of the Platform, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Platform immediately, and you will not be able to book the Services through the Platform.
2. Services
2.1 General
(a) You may use the Platform only for the purpose of obtaining quotes and making bookings for vehicle services and repairs with the Supplier (Services) and for facilitating payment for such Services.
(b) To use the Platform, you must:
(i) be at least 18 years of age; and
(ii) only input into the Platform true, accurate and complete information in connection with the Services you require.
(c) You will be notified of whether a requested booking is accepted by a Supplier within a reasonable time after you place such booking. Confirmation may come from us or directly from the Supplier.
(d) We may undertake maintenance, upgrade or otherwise suspend use of the Platform from time to time without notice to you.
(e) We may collect payment on behalf of a Supplier with respect to the booking or provision of the Services. Where we do so, we collect such payment as agent of the Supplier. Where any dispute arises with respect to such payment, you must resolve such dispute directly with the Supplier.
2.2 No responsibility after booking requested
(a) You acknowledge and agree that we are not responsible for, and have no obligations or liability in connection with:
(i) the acceptance of, or response to, any booking by a Supplier;
(ii) any changes required to a booking after it is requested by you or accepted by a Supplier;
(iii) the performance of any services of any kind, or any acts, omissions, defaults or breach of laws, by a Supplier;
(iv) any agreements or other arrangements between you and a Supplier, including any agreements resulting from or in connection with the Services;
(v) any disputes between you and a Supplier; and/or
(vi) any actions taken, or conclusions reached, by you in connection with the Services and your use of the Services.
(b) You indemnify us, and agree to keep us indemnified, from and against all Loss or Claims of any nature arising under or in connection with clause 2.2(a).
2.3 Your obligations
(a) You must, at your own cost:
(i) take any preparatory steps reasonably requested by us to allow us to provide the Services to you;
(ii) comply with:
(A) all applicable laws, regulations, rules, codes of conduct and orders of any government or Governmental Agency relating to the distribution and sale of the Products; and
(B) these Terms.
(b) In accessing and using the Platform, you must not, either through the Platform or otherwise:
(i) use the Platform for any purpose other than for the Services;
(ii) reverse engineer, decompile or disassemble the Platform;
(iii) introduce any Harmful Code into the Platform, or otherwise attempt to undermine the security or integrity of the Platform; or
(iv) use or misuse the Platform in any way which may impair the functionality of the Platform.
2.4 Reviews
After completion of the services by the Supplier, we may invite you to review your experience using the Platform or the Supplier. Any such reviews will be subject to our community guidelines available at https://www.autoguru.com.au/community-guidelines, as amended from time to time.
3. Payment services
(a) At the time of requesting a booking, the Platform will display an indicative price for the proposed vehicle services or repairs based on generic assumptions for bookings with similar details, including the use of quality aftermarket parts that meet or exceed manufacturer recommendations (Indicative Price). If these aftermarket parts are unavailable at the time of your booking, genuine parts from the manufacturer may be required. We do not warrant that the Indicative Price will be the Final Price in any circumstances.
(b) The final price for the actual vehicle services or repairs may differ from the Indicative Price, as notified to you by the Supplier from time to time (Final Price).
(c) You may pay the Indicative Price at the time of making a booking. If you do so:
(i) we receive the Indicative Price on behalf of and as agent for the Supplier only, and not otherwise in consideration of any services provided by us or the Supplier;
(ii) you authorise us to release the Indicative Price to the Supplier;
(iii) it is the Supplier’s responsibility to issue you with an invoice and/or receipt with respect to any amount paid; and
(iv) you will be responsible for paying any difference between the Indicative Price and the Final Price on demand to the Supplier,
subject to the terms and conditions applying between you and the Supplier.
(d) We may determine the payment methods applicable to your payment of the Indicative Price in our discretion from time to time.
(e) To the extent that a payment method is provided by a third party service provider, you acknowledge and agree that such payment method will be subject to the terms and conditions of that third party service provider.
4. Privacy and data
4.1 Privacy
(a) We must comply with all applicable requirements of the Data Protection Legislation as relevant to the Services.
(b) Without prejudice to the generality of clause 4(a), you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of any personal information to us our Personnel for the duration and purposes of these Terms so that we and our Personnel may lawfully use, process and transfer the personal information in accordance with these Terms on your behalf and, if applicable, all consents and notices necessary to send and distribute communications relating to use of the Services.
(c) We may use any personal information disclosed to us in, through or in connection with your use of the Platform:
(i) in accordance with our privacy policy available at https://www.autoguru.com.au/legal/privacy, as amended from time to time and with the privacy policy of the Supplier;
(ii) to facilitate provision of the Services, including by supplying such personal information to the Supplier.
4.2 Use of data
You grant us a non-exclusive, royalty-free, non-transferable right to access and use any data or other personal information that you provide to us, or is otherwise generated, in connection with your use of the Platform:
(a) in connection with the performance of these Terms, including disclosing such data or other personal information to the Supplier;
(b) for internal purposes; and
(c) for storage purposes,
on an anonymised and de-identified basis for the purpose of improving the Platform or expanding our services.
5. Term and termination
5.1 Termination for cause
Either party may terminate these Terms immediately without notice if the other party:
(a) has materially breached these terms; or
(b) suffers an Insolvency Event.
5.2 Obligations on termination
On termination or expiry of these Terms, we will cease to provide access to the Platform to you and you must not continue to use the Platform.
5.3 Survival
(a) Termination or expiry of these Terms will not affect clauses 2.2, 4 to 7, 9 and 10, or any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry.
(b) The rights and obligations of the parties under these Terms do not merge on completion of any transaction contemplated by these Terms.
6. Limitation of liability
6.1 Maximum Liability
Except in relation to a breach of clause 7 and your statutory rights under the Australian Consumer Law, our total liability to you in respect of all other losses arising under or in connection with the Platform and the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $100.
6.2 Exclusions
As far as the law permits and unless otherwise specified in these Terms:
(a) neither party nor any of its Personnel will be liable to the other party for any Consequential Loss;
(b) the Platform is provided “as is,” and we do not guarantee the functionality of the Platform or a particular result from the use or integration of the Platform;
(c) we gives no warranty or guarantee that the Platform will be uninterrupted, error free, free of defects, secure, timely, meet your requirements or be fit for any particular purpose or function;
(d) we do not endorse, and are not liable for, any third party websites or links contained in or shown on the Platform. If you access or use such third party websites or links, you do so at your own risk;
(e) we are not liable for any loss, injury, claim, liability or damage of any kind suffered or incurred by you as a result of using the Platform and/or Services, except to the extent directly caused by us; and
(f) except to the extent any express warranties are provided in these Terms, or as otherwise required to be given under Australian Consumer Law, we expressly disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.
6.3 Mitigation
Each party must mitigate any loss of any kind it suffers as a result of a breach by the other party of these Terms, or a warranty provided under these Terms (including where such loss gives rise to an indemnity).
6.4 Australian Consumer Law
If the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) applies to the supply of any products or services under these Terms, the relevant party acknowledges and agrees that its products and services come with guarantees that cannot be excluded under the Australian Consumer Law.
7. Intellectual Property Rights
(a) You acknowledge that, as between the parties, all Intellectual Property Rights subsisting in Our Background IP are and remain vested in us from creation.
(b) Except as expressly allowed under these Terms, or otherwise agreed in writing, you agrees not to:
i) create or attempt to create by reverse engineering, disassembly, decompilation or otherwise Our Background IP or aid, abet or permit others to do so;
(ii) replicate, develop any derivative works from Our Background IP, or include any portion of Our Background IP into any other Materials; or
(iii) develop methods to enable unauthorised parties to use Our Background IP.
8. Force Majeure Event
Neither party will be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is due to an event of Force Majeure.
9. General
9.1 Notices
A notice, consent or communication under these Terms must be in writing, signed by or on behalf of the person giving it, addressed to the receiving person, and will be given and received as follows:
(a) if it is hand delivered, on the day it is given;
(b) if it is sent by post, three Business Days after posting; and
(c) if it is sent by email, that day, if the time of departure from the sender's mail server is before 5.00pm on a business day, or the next business day in any other case.
9.2 Miscellaneous
(a) A party must not assign or novate, subcontract or otherwise deal with, in whole or in part, any of its rights and obligations under these Terms without the prior written consent of the other party (not to be unreasonably withheld or delayed).
(b) This document may only be amended by written agreement between all parties.
(c) The laws of Queensland govern these Terms. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.
(d) A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause of these Terms continue in force.
(e) These Terms supersede all previous agreements about their subject matter. This document embodies the entire agreement between the parties.
(f) A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.
10. Defined terms and interpretation
10.1 Definitions
In these Terms:
Australian Consumer Law means the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday on the Gold Coast, Queensland.
Claims means any claim, action, suit, cause of action, demand or proceedings for any Loss including any such claim by way of indemnity, under contract (including any breach of this document), in equity (including breach of an equitable duty, breach of confidentiality or breach of fiduciary duty), under statute (including breach of statutory duty) (to the maximum extent possible), in tort (including for negligence or negligent misrepresentation) or otherwise (including in restitution).
Consequential Loss means any consequential, special, indirect or incidental loss including without limitation loss of profit, loss of revenue, business interruption, loss of business, loss of opportunity, loss of reputation or loss in connection with breach of third party contracts or arrangements. ( )( )
Data Protection Legislation means:
(a) the Privacy Act 1988 (Cth) (Privacy Act) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time;
(b) the Australian Privacy Principles (or APPs) contained in schedule 1 of the Privacy Act; and
(c) all other laws, regulations, registered privacy codes, privacy policies and contractual terms applicable in the jurisdiction where the API is being provided that relate to the processing of personal information.
Final Price has the meaning given to that term in clause 3(b).
Force Majeure means a matter beyond the reasonable control of a party and includes an act of God, national emergency, terrorist act, sabotage, flood, storm, earthquake, fire, explosion, epidemic, pandemic, civil disturbance, insurrection, riot, war, industrial action, lockout, rebellion, quarantine, embargo and other similar governmental action or a general and continued energy shortage, power or utilities interruption, but cannot apply with respect to the payment of money due under these Terms.
Harmful Code means any computer program or virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alternation, denial of service, unauthorised access to, or disclosure, destruction or corruption of, information or data.
Indicative Price has the meaning given to that term in clause 3(a).
Insolvency Event means any of the following events concerning a party:
(a) if an administrator, liquidator, receiver, receiver and manager or other controller is appointed to, or over, any of the property or undertaking of the party;
(b) if the party is unable to pay its debts when they become due and payable;
(c) if the party ceases to carry on business; or
(d) if any event happens in Australia or any other country or territory in respect of a party that is similar to any of the events or circumstances referred to in this definition.
Intellectual Property Rights means any current and future intellectual and industrial property rights and interests throughout the world, including any:
(a) patents, copyrights and related rights, utility models, designs, trade marks, service marks, rights in relation to circuit layouts and databases, inventions, discoveries, trade secrets, know how, and improvements;
(b) trade, business, or company name, indication, source or appellation of origin;
(c) applications for, or rights to apply for registration of any of those rights;
(d) rights under licences and consents in relation to any of them; and
(e) any other forms of protection of a similar nature or having equivalent or similar effect to any of them now or in the future, whether registered or unregistered, for the duration of the rights and interests.
Loss includes any loss, cost, expense, damage or liability (including any fine or penalty) whether direct, indirect or consequential, present or future, fixed or unascertained, actual or contingent and whether arising under contract, in equity, under statute (to the maximum extent possible), in tort (including for negligence) or otherwise.
Materials means material in whatever form, including:
(a) documents, manuscripts, specifications, designs, plans, reports, graphic layouts, logos, images, photographs, videos, films, sound recordings, audio recordings, charts, drawings, diagrams, logos, trade marks, designs, products, equipment, information, data, tables, schedules, concepts, samples, proposals, inventions, tools, devices, procedures, processes, sequences, methods, formulae, calculations, scientific and technical information, studies, know how, source code, object code, software, and test cases; and
(b) novel combinations of any of the above material.
Our Background IP means:
(a) the Platform;
(b) all Materials we own or license which are created or derived independently of these Terms by us or on our behalf;
(c) any Material created by or on our behalf in connection with these Terms; and
(d) any modification to, enhancement of, extension to, adaptation of, derivative of, development of, application of, mutation of, or improvement to, in whatever form, anything set out in clauses (a) to (c) above.
Platform has the meaning given to that term in clause 1(a).
Services has the meaning given to that term in clause 2.1(a).
Supplier has the meaning given to that term in clause 1(a).
10.2 Interpretation
In these Terms:
(a) no rule of construction applies to disadvantage of a party because that party prepared these Terms;
b) a reference to a document or agreement (including a reference to these Terms) is to that document or agreement as amended, supplemented, varied or replaced;
(c) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', or 'for example' (or similar phrases) do not limit what else might be included;
(d) if any day on or by which a person must do something under these Terms is not a Business Day, then the person must do it on or by the next Business Day; and
(e) a reference to '$' or 'dollar' is to Australian currency.