WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to https://www.gpsvehicleinspections.com.au/(the ‘Website’). The Website provides services relating to motor vehicle inspections particular to the make, model and details of the motor vehicle (the ‘Services’).
(b) The Website is operated by George’s Pit Stop Pty Ltd (ACN 163 862 806) (referred to as ‘us’ or ‘we’ or ‘our’ ). Access to and use of the Website, or any of its associated Products or Services, is provided by George’s Pit Stop Pty Ltd. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) George’s Pit Stop Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When George’s Pit Stop Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by George’s Pit Stop Pty Ltd in the user interface.
(b) Wherever used:
Loss means loss, damage, expense or cost of any kind, including personal injury, death, damage to reputation or goodwill, economic loss, loss of or damage to property, loss of data, financial loss, loss of money, consequential loss, loss of profit, loss of cost and other savings, loss of opportunity, project losses or any other form of loss and including loss in relation to any Claim, including legal costs and disbursements and any tax related costs.
Claim means any present or future, actual or contingent, claim, liability, right, remedy, entitlement, demand, proof of debt, cause of action, suit or proceeding for damages, debt, costs (including legal costs and expenses), restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy, whether by originating claim, cross claim or otherwise, whether arising at common law, in equity, under statute or otherwise, and whether or not known at the date of execution of this document.
3. Registration to use the Services
(a) In order to access the Services, you will be required to complete a registration process and provide us with necessary details through the Website (the ‘Account‘).
- Your email address
- Your complete name
- Mailing address
- Telephone number
- Details relating to the motor vehicle including VIN and registration.
(d) Once you have completed the registration process, you will have a registered booking and be a registered customer of the Website (‘Customer ‘) and agree to be bound by the Terms.
- (i) you are not of legal age to form a binding contract with George's Pit Stop Pty Ltd; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- (iii) you do not have the requisite capacity to enter into an agreement on your own.
4. Your obligations as a Customer
5. Payment
(i) Debit/ Credit Card Payment (‘Credit Card’); or
(ii) Afterpay
(b) All payments made in the course of your use of the Services are made using a Debit/Credit Card or Afterpay. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by these Terms and Conditions which are available on the Website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that George’s Pit Stop Pty Ltd can vary the Services Fee by providing you reasonable notice before work commences or if any additional services are requested by the Customer.
(e) If the Consumer cancels a booking for Services with at least 2 days’ notice (as in clause 11), a full refund of the Services Fee shall be provided.
If the consumer cancels a booking for Services giving less than 2 Days’ notice, from the start date of the Services, a refund of the Services Fee shall be issued, subject to a cancellation fee (‘Cancellation Fee’) equal to $30.
(f) You acknowledge that The Cancellation Fee is a genuine pre-estimate of admin costs/ fee that will be incurred and not a penalty imposed on the Customer.
6. Refund Policy
George’s Pit Stop Pty Ltd will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services for reasons that do not include the Consumer’s misuse of the Services or if we make a decision, at our discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
Please note that if the information you provide us for the subject vehicle is incorrect, or the vehicle is no longer for sale, or you breach terms of this agreement we will not provide any Refund. However, but at our sole discretion, as a gesture of goodwill we may allow you to apply the Service Fee as a credit to an alternative vehicle for a new Service.
7. Copyright and Intellectual Property
8. Privacy
9. General Disclaimer
10. Limitation of liability
(a) To the maximum extent permitted by law, George’s Pit Stop Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply or monetary value of the Services provided to you.
(b) To the maximum extent permitted by law, you expressly understand and agree that George’s Pit Stop Pty Ltd, its affiliates, employees, agents, contributors, contractors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages incurred by you which arise out of the actions or inactions directly or indirectly attributable to you or third parties, however caused and under any form of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Operating primarily as a car inspection service, hereby clarify that our role is limited to the inspection and evaluation of vehicles and limited to the agreed Services and does not extend to the manufacturing, provision, or maintenance of any third-party parts, software and/or third-party warranty products that may be purchased or used in conjunction with our Services or via links provided on our Website.
(d) Accordingly, you acknowledge that we shall not be liable for any Loss, damage, or Claim arising out of or related to the performance, functionality, or reliability of any third-party parts or software utilised in the course of providing the Services. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, regarding third-party parts, software and/or third-party warranty products, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We shall not be held liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damage for any Claims or Loss, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from or in connection with the use of third-party parts or software.
Referral to Third-Party Businesses
Liability for referrals and acknowledgment of commission received
(e) In the course of providing our Services, we may refer you or provide the option to use other service providers or businesses for financing, extended warranties, and credit reports (“Referred Businesses”). Our Referred businesses include ‘Mr. Warranty’ and ‘Equifax’ among others. Such referrals are optional, solely at your discretion, and provided solely for your convenience and may assist you in locating services that you require.
(f) In providing these referrals, we do not represent, act, or enter into any contractual obligations on behalf of the Referred Businesses with you. The relationship between us and any Referred Businesses is limited to that of independent entities participating in a referral arrangement.
(g) You acknowledge that we are not responsible for, and expressly disclaim any Claims, Loss or liability for the actions, products, or services provided by the Referred Businesses. You further acknowledge that we make no warranty, either express or implied, regarding the quality, accuracy, reliability, or suitability of the services offered by the Referred Businesses.
(h) It is your sole responsibility to negotiate terms and make any agreements with the Referred Businesses.
(i) You acknowledge that you have been made aware that we are entitled to receive a referral fee or other compensation from the Referred Businesses as a result of the referrals made to you.
11. Termination of Contract
(c) For the purpose of clause 11(b) if you choose to terminate you will still be liable to pay for the Services that have already been provided to you.
(d) George’s Pit Stop Pty Ltd may at any time, terminate the Terms with you if:
(e) Subject to local applicable laws, George’s Pit Stop Pty Ltd reserves the right to discontinue or cancel your registration booking at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts George’s Pit Stop Pty Ltd’s brand name or goodwill.
12. Indemnity
(a) You agree to indemnify George’s Pit Stop Pty Ltd, its affiliates, employees, agents, contributors, contractors, third party service providers and licensors from and against all actions, suits, Claims, demands, liabilities, costs, expenses, Loss, and damage (including legal fees on a full indemnity basis) incurred, suffered by us or arising out of or in connection with:
(i) content produced by you using the Website;
(ii) your actions or inactions during the provision of the Services including any false or inaccurate information provided by you;
(iii) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
(iv) any Loss or Claim arising from breach of the Terms by you.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought to protect a genuine interest where such relief is time barred).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
(i) Within 10 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 10 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Law Society or his or her nominee;
(iii) The Parties will equally share the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs, including any legal fees, associated with the mediation;
(iv) The mediation will be held in Sydney, Australia, with an option to conduct it virtually if both parties agree.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice save as to costs” negotiations for the purpose of applicable laws of evidence. Any decision by the mediator will also be considered “without prejudice save as to costs” and kept strictly confidential.
(e) Termination of Mediation:
If 10 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party can terminate the mediation by providing notice to the mediator.
(f) Post Mediation:
(i) If the mediation is not successful, parties are free to pursue other avenues to resolve the dispute.
(ii) Whether or not the mediation is successful, parties must keep the existence of the Dispute including terms of the settlement strictly confidential and will not use these to disparage the other party. This includes writing or expressing a negative review on any platform.
14. Venue and Jurisdiction
(a) The Services offered by and the website of George’s Pit Stop Pty Ltd are intended to be utilised by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive jurisdiction for resolving any dispute shall be the courts of New South Wales, Australia.
15. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia and any applicable Commonwealth laws (the “Applicable laws”). Any dispute, controversy, proceeding or Claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to Applicable laws, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and have had an opportunity to negotiate any of the Terms. Further, Both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against: public policy on the grounds of inequality; or bargaining power; or general grounds of restraint of trade; or unfair as per the unfair contract terms in the Australian Consumer Law.
17. Severance
(a) If any part of these Terms is found to be void, unfair, unreasonable, or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.