Support for Australia’s independent service station operators

Trading terms and conditions of ServoPro, ABN 44 603 665 434.
These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them. No person under the age of 18 may purchase Services; if you are under 18, please ask an adult for help with your purchase.
We are: ServoPro. You are: a visitor to a website owned by us and/or a customer of ours.

By using our website you agree that you have read and understood ServoPro’s terms and conditions, and that they form part of the contract between us. If you are under 18, you confirm that you have brought these terms and conditions to the attention of your parent or guardian, and that they have agreed that you may use our Services.

1. Definitions

In this agreement:

“Consumer” means any natural person who accesses Our Website or purchases products or Services from us.

“Content” means any material in any form published on Our Website, any social media account operated by or linked to us, or any third-party platform, by us or any third party with our consent.

“Confidential Information” means trade secrets; computer hardware, applications and software programs; audio or visual recordings in any format; training material in any format; specifications, templates, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; any information or material that ServoPro or our associated entities may in future indicate is confidential, or which is apparently confidential; and our internal business processes and procedures, unless:

  • (a) that confidential information is transferred to the public domain through no fault or action of yours;
  • (b) we give you written authority to release it; or
  • (c) you are required by a legal process to disclose that information and have notified us of that obligation.

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Material” means Content of any sort posted by you on Our Website.

“Services” means any of the services we offer for sale on Our Website, including generally available updates and support services as specified for each service.

“Terms and Conditions” means these terms and conditions, including our Disclaimer and any other terms and conditions posted on Our Website or provided to you before the delivery of any Services.

2. Our contract with you

2.1

So far as the context allows, to you as a visitor to Our Website or Consumer; and

2.2

In any event, to you as a buyer or prospective buyer of our Services.

2.3

We acknowledge acceptance of your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.

2.4

We cannot guarantee that every Service advertised on our website is available. If at any time a Service you have paid for becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.

2.5

We may change these terms from time to time. The terms that apply to you are those posted on Our Website on the day you order Services.

2.6

If in future you buy Services from us under any arrangement that does not involve payment via Our Website, these terms still apply so far as they can be applied.

2.7

If we owe you money (for this or any other reason), we will credit you as soon as reasonably practicable and in any event no later than 7 days from the date of your order.

3. Your account with us

3.1

You agree that you have provided, and will continue to provide, accurate, up-to-date and complete information about yourself. We need this information to provide you with the Services. For information about how we manage your personal information, please see our Privacy Policy.

3.2

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority, and log in to your account and change your password.

4. Your email address

4.1

You represent that any username or email address you select, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

4.2

You acknowledge and agree that if we believe your selection interferes with the rights of any third party or was made for an unlawful purpose, we may immediately suspend the use of that name or email address, and you will indemnify us for any claim or demand that arises from your selection.

4.3

You acknowledge and agree that we shall not be liable to you if we are ordered or required by a court or judicial authority to stop using or permitting the use of a particular domain name as part of a name or email address.

5. Your material

5.1

If you post any Material on Our Website, you warrant that you own the copyright and all other necessary rights in it and you accept all risk and responsibility for it. You grant us the right to communicate, edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose. You further warrant that any fact stated in your Material is accurate.

5.2

If you post any Material on Our Website, you grant us a non-exclusive, irrevocable, royalty-free right in perpetuity to use that Material in any way, throughout the world, in any medium. You consent to our use of that Material without identifying you as the author, and you agree that we may use it even if that use has the potential to affect your honour or reputation.

5.3

You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including signing deeds and documents, at our request.

6. Price, payment and service provision

6.1

The price may have increased from that posted on our website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.

6.2

You agree to pay the monthly charge for the Services from the direct debit, PayPal account or credit card you have supplied or will supply to us. You authorise us to withdraw funds from that account each month without further reference to you. You undertake to keep your payment details up to date and to tell us of any changes promptly.

6.3

Payments are billed in advance on the same day as your initial order each month. If you have chosen an annual subscription, payment will be billed on the date of your order and on each anniversary of your purchase date. You will receive notice 30 days before your annual renewal date.

6.4

Our Services may be provided by email, made available for you to download, or provided in the way we have explained on Our Website.

6.5

If we are not able to provide your Services within [10] days of the date of your order, we will email you to tell you the likely provision date.

6.6

Once Service provision has started, you may cancel the Services at any time by giving us 21 clear days’ notice. Payment will be due until the notice period ends.

6.7

We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

6.8

If we change the nature or provision of the Services, you may terminate this contract.

6.9

If a change we make to the provision of the Services requires action on your part and you do not take that action, we are entitled to terminate the Services to you without notice.

6.10

You may not share or allow others to use the Services in your name.

6.11

We will do our best to keep Our Website available, but there will be times when your use is interrupted. Interruption to the Services for reasonable periods for maintenance, or for causes beyond our control, is not grounds for repayment of money you have paid. When we are aware of likely downtime, we will tell you in advance.

7. Refund policy

7.1

We do not offer refunds if you change your mind about using our Services. Most products and Services are delivered digitally and instantly, so you have the full benefit of our Services straight away. Refunds will only be provided in compliance with Australian Consumer Law.

7.2

We reserve the right to refuse service jobs, in which case we will refund your payment within one working day.

8. Cancellation of order

8.1

Most products and Services are delivered digitally and instantly, so we do not offer refunds if you change your mind about using our Services.

8.2

Recurring transactions can be cancelled at any time by emailing [email protected].

8.3

Service jobs can be cancelled before we start work. If you cancel a service job after we have started, you will be charged a reasonable fee for the work completed up to the notice of cancellation, plus an administration fee of $100.

8.4

This clause does not affect your rights if you have a genuine and valid complaint about the way we have provided the Services to you.

9. Dissatisfaction with the services

9.1

If for any reason you are not completely happy with your purchase, contact us immediately and tell us:

  1. exactly why you think we have failed;
  2. the date of the failure, if relevant;
  3. when and how you discovered the failure;
  4. the result of the failure; and
  5. what you suggest we do to resolve the situation and restore your faith in us.
9.2

To do this, please email us at [email protected].

10. Applicable law, foreign taxes, duties and import restrictions

10.1

This agreement is governed by the law of Australia, and you consent to the exclusive jurisdiction and venue of the courts of New South Wales, Australia, in any dispute arising from the use of Our Website or Services. You may notify us of a dispute by emailing [email protected].

10.2

This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

10.3

If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country. If you live in a jurisdiction where use of Our Website is unauthorised, it is your responsibility to stop using this website.

10.4

If any of these terms is held by any jurisdiction to be void, invalid or unenforceable, it will be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction, and will be binding in that changed or reduced form. Subject to that, each provision is severable and does not affect any other of these terms.

10.5

You are responsible for purchasing Services you can lawfully import or use, and for paying any import duties and taxes levied in your country.

11. Disclaimers

11.1

We or our Content suppliers may improve or change Our Website, the Content or any of the Services at any time without notice.

11.2

Content may include technical inaccuracies or typographical errors. This is inevitable in any large web-based business. We would be grateful if you tell us about any you find.

11.3

We give no warranty and make no representation, express or implied, as to:

  1. the adequacy or appropriateness of the Services for your purpose;
  2. the truth of any Content on Our Website published by someone other than us;
  3. any implied warranty or condition of merchantability or fitness of the Services for a purpose other than the one for which they are commonly used;
  4. compatibility of Our Website with your equipment, software or telecommunications connection.
11.4

Our Website contains links to other websites outside our control. You agree that we are not liable for the Content of any linked website, or for any loss or damage arising from your use of it.

11.5

If any term, condition or obligation on our part (“Implied Term”) is implied into these conditions by law, our liability is limited, to the maximum extent permitted by law, to the value of the products or Services you have purchased, even if they were provided to you free of charge.

11.6

Where we provide products or Services without a specific charge, they are deemed to be provided free of charge and not associated with any other product or Service for which a charge is made.

11.7

Any liability to us for consequential loss you suffer as a result of using Our Website or Services is limited to your reasonably foreseeable losses in accordance with Australian Consumer Law.

12. Indemnity

You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting of any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

13. System security

13.1

You agree that you will not violate, or attempt to violate, any aspect of the security of Our Website, and will not allow anyone else to.

13.2

You may not use any software tool to extract data from our website.

13.3

You understand that any violation of this clause is unlawful in many jurisdictions and may result in criminal prosecution.

14. Acceptable use policy

As a condition of using Our Website, you agree to comply with these provisions:

14.1

You will not use, or allow anyone else to use, Our Website to post, communicate or otherwise publish:

  1. copyright works;
  2. commercial audio, video or music files;
  3. any Material that breaks the law of any established jurisdiction;
  4. unlicensed software;
  5. software that assists in or promotes emulators, phishing, hacking, password cracking or IP spoofing;
  6. links to any of the material listed in this clause;
  7. pornographic Material;
  8. any Material promoting discrimination or hostility towards any person on the grounds of gender, race, religion or colour.
14.2

You will not use the Services for spamming. Spamming includes, but is not limited to:

  1. the bulk sending of unsolicited messages, or the sending of unsolicited emails that provoke complaints from recipients;
  2. the sending of junk mail;
  3. the use of distribution lists that include people who have not given specific permission to be included;
  4. excessive and repeated posting of off-topic messages to newsgroups;
  5. excessive and repeated cross-posting;
  6. email harassment of another internet user, including transmitting any threatening, libellous, obscene or otherwise offensive Material;
  7. emailing age-inappropriate communications or content to anyone under 18;
  8. sending material that promotes or supports an illegal activity.

15. Confidential information and intellectual property rights

15.1

You agree that the Confidential Information remains our property, to keep it safe, and not to disclose or make available any part of it to any person. If you are unsure whether information is confidential, assume it is until told otherwise. This obligation continues after you stop using Our Website or Services.

15.2

When you stop using Our Website or Services, or earlier on demand, you agree to return to us any of our Confidential Information in your possession or control, including destroying all electronic files, applications and software stored on your equipment.

15.3

Any disclosure of Confidential Information may result in immediate termination of your access to Our Website or Services and a claim for damages resulting from that breach.

15.4

We will defend the intellectual property rights in Our Website and Services, including copyright in the Content and Material, whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data and software).

15.5

We also claim copyright in the design and compilation of all Content on Our Website. Title, ownership rights and usage rights remain the sole property of us and/or the other Content provider. We will strongly protect those rights in all countries.

15.6

Except as set out below, you may not communicate, copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, in whole or in part.

15.7

You may not use our name, logos, trade marks or any other Content on any website or other medium of yours or anyone else’s without our express written permission.

15.8

You may download or copy Content only for your own personal use, provided that you keep all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

16. Miscellaneous provisions

16.1

When we communicate with you, we do so by email. You agree that email communications create electronic transactions that are contractually binding in accordance with applicable law.

16.2

Nothing in this agreement or on Our Website confers any benefit or obligation on any third party.

16.3

No waiver by us in exercising any right, power or provision in this agreement operates as a waiver of any other right or of that same right in future, and no delay in exercising any power or right is a waiver.

16.4

If a dispute arises from or in connection with these terms or any contract between you and us, you agree to try to settle it by engaging in good faith with us in mediation before starting arbitration or litigation.

16.5

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes by our own employees.

17. Commission and rebate disclosure

17.1

We may receive commissions, rebates or similar financial incentives (“Commissions”) from third parties in connection with recommending or selling certain products or services to you.

17.2

Our receipt of Commissions does not compromise the integrity of our recommendations. Any Commissions we receive come from arrangements with third-party vendors and partners and are not charged directly to you.

17.3

You acknowledge that we may have financial interests in or relationships with third-party providers. However, we will act in your best interests and make our recommendations independently, without undue influence from potential Commissions.

17.4

You may at any time ask for more information about any Commissions we may receive for products or services recommended or provided to you.

Questions about these terms?
Email [email protected] or call 0490 415 063.