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Terms and Conditions.

FWD Thinkn Terms and Conditions

Welcome to FWD Thinkn! We provide vehicle mechanical services on a subscription basis (Services) and provide you with access to our platform to view the details of our services and your vehicle (Platform), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean R.D Jackson & J.H Pedersen trading as FWD Thinkn (ABN 66 716 852 465).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For any questions, email us at: INFO@4WDTHINKN.COM.AU

 

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your consumer law rights.

  1. Term

1.1 These Terms apply from the time you agree to these Terms until the date these Terms are terminated in accordance with these Terms (Term).

1.2 We may amend these Terms at any time by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the services (excluding one-time purchases) and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access, and we will issue you a pro-rata refund for such services.

  1. Services

2.1 Subject to your compliance with these Terms, we will provide you with the Services and access to the Platform.

2.2 If these Terms express a time within which the Services will be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

2.3  If during the course of providing the Services we discover that work is required that falls outside the inclusions of your subscription tier, we will notify you and provide a separate quote for such out-of-scope work. We will seek your agreement to the quote before proceeding with the out-of-scope work. However, you acknowledge and agree that if you do not agree to proceed with the out-of-scope work, we may not be able to fully service or repair your Vehicle, and you are aware of the risks of proceeding without the out-of-scope work.

2.4 If your use of the Services significantly exceeds typical usage patterns (as determined by us acting reasonably), we may initiate a discussion to review and address this with you. Any changes to the Services or fees resulting from such review will be mutually agreed upon between the parties in writing.

2.5 We will not be responsible for any other services unless expressly set out in these Terms or on our Site. Any additional services may be quoted and priced by us separately.

  1. Leaving and collecting your Vehicle from our Premises

3.1 Before we commence any services on your vehicle, we will conduct a visual inspection of your vehicle and prepare a condition report noting any pre-existing damage, scratches, dents, or defects (Condition Report).

3.2 We will provide you with a copy of the condition report, and you will have the opportunity to review and confirm its accuracy before we commence the services.

3.3 You acknowledge that the Condition Report represents the condition of your Vehicle prior to our Services, and we will not be liable for any pre-existing damage noted in the Condition Report.

3.6 If you do not collect your vehicle for any reason within 2 days following the date of the Collection Notice, we may:

(a) charge you a Vehicle storage fee of $[insert] per day until the Vehicle is collected or removed from our premises; and

(b) issue you with a second and final notice (Final Notice).

3.7 If you do not collect your vehicle for any reason within [insert time] following the date of the Final Notice, you agree that we may sell or dispose of the vehicle by any reasonable method at your expense without any further notice to you in accordance with the applicable law. We will apply the proceeds of the sale or disposal of the vehicle to the sums you owe us and return the remainder of the balance to you within a reasonable period.

  1. Services Obtained Elsewhere

4.1 If you are unable to access our Services due to your location (for example, if you are travelling interstate or overseas), you may obtain equivalent services from another service provider.

4.2 If you obtain services from another service provider that would otherwise be included in your subscription tier, we agree to reimburse you for the cost of those services up to the amount we would have charged for the same services, and you agree that where we have reimbursed you, you cannot claim similar services from us under your subscription tier for the then-applicable service term.

4.3 To claim reimbursement under clause 4.2, you must:

(a) Provide us with a valid tax invoice from the service provider;

(b) Provide evidence that the Services were performed on your Vehicle; and

(c) Submit your claim to us within 30 days of the services being performed.

4.4 We will not reimburse you for any costs that exceed our standard pricing for equivalent services, and we are not responsible for the quality of work performed by other service providers.

4.5 To the maximum extent permitted by law, services obtained from other service providers are not covered by warranty under Annexure 1.

  1. Account

5.1 You must sign up for an Account in order to access and use the Platform.

5.2 While you have an account with us, you agree to:

(a) Keep your information up-to-date (and ensure it remains true, accurate and complete);

(b) Keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c) Notify us if you become aware of, or have reason to suspect, any unauthorised access to your account or any logins linked to your account.

5.3 If you close your account, you will lose access to the platform.

  1. Fees

6.1 You may choose to purchase Services from us, as set out on our Site. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

6.2 Details of our services, including inclusions, exclusions, fees and billing cycles (for recurring services), are set out on our site. For recurring services, you will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle. All other services must be paid for at the time you order the service.

6.3 Cancellation: All recurring services continue for the agreed service term (that you selected when purchasing the service) (service term). At the end of each Service Term, provided you have paid all fees owing, your recurring Services will be automatically renewed for the same term. If you wish to cancel your recurring services, you may do so through your account. Your cancellation will take effect at the end of your current service term, and the recurring services will not be renewed (meaning you will need to continue paying all fees due up until your current service term ends). If you are on an annual service term, we will provide you with a renewal reminder at least 30 days prior to the services renewing.

6.4 Our payment methods will be set out at the time you purchase the services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

6.5 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

6.6 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

(a) Suspend your access to the Services;

(b) Exercise a lien over your Vehicle until any outstanding amount due to us under these Terms are paid in full; and

(c) Charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

6.7 You are responsible for paying any levies or taxes associated with your use of the Services, for example, sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

  1. Licence

7.1 During the Term, we grant you a right to use our Platform in accordance with these Terms. This right cannot be passed on or transferred to any other person.

7.2 You must not:

  1. Availability, Disruption and Downtime

8.1 While we strive to always make the Platform available to you, we do not make any promises that it will be available 100% of the time. The Platform may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

8.2 The Platform may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

8.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Platform.

  1. Intellectual Property and Data

9.1 We own all intellectual property rights in the Platform and the Services. This includes how the Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

9.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

9.3 When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of your data identifiable.

9.4 This clause 10 will survive the termination or expiry of these Terms.

  1. Confidential Information and Personal Information

10.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information.

10.2 We collect, hold, disclose and use any personal information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

10.3 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

10.4 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

10.5 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

10.6 This clause 11 will survive the termination or expiry of these Terms.

  1. Consumer Law Rights

11.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your consumer law rights and the express wording of these Terms.

11.2 Subject to your consumer law rights, we do not provide a refund for a change of mind or change in circumstance.

11.3         If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

11.4         This clause 12 will survive the termination or expiry of these Terms.

  1. Liability

12.1 Regardless of whatever else is stated in these Terms, and subject to your Consumer Law Rights, to the maximum extent permitted by law:

12.2 This clause 13 will survive the termination or expiry of these Terms.

  1. Suspension and Termination

Suspension

13.1 We may suspend your access to the Platform where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Platform). If we suspend your access to the Platform, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter; or if it cannot be resolved, then we may terminate these Terms and the Services will end.

Termination

13.2 We may terminate these Terms (meaning you will lose access to the Services and to the Platform) if:

(a) You fail to pay your fees when they are due;

(b) You breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(c) You breach these Terms and that breach cannot be remedied; or

(d) You experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

13.3 You may terminate these Terms if:

(a) We breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b) We breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining.

13.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 15.8), and if you have purchased any Services on a subscription basis, termination will take effect at the end of your current Service Term.

13.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

13.6 This clause 14 will survive the termination or expiry of these Terms.

  1. General

14.1         Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2         Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 10 Business Days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

14.3         Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.4         Governing law: These Terms are governed by the laws of Western Australia, and any matter relating to these Terms is to be determined exclusively by the courts in Western Australia and any courts entitled to hear appeals from those courts.

14.5         Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

14.6         Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.7         Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

14.8         Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

14.9         Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

  1. Definitions

15.1 In these Terms:

Account means an account accessible to the individual who signed up to the Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the services we provide to you, as detailed at the beginning of these Terms.

Vehicle means your motor vehicle which you nominate to be the subject of the services, as set out on your account or on any invoice or other service documentation be provided to you.

 

ANNEXURE 1: WARRANTY AGAINST DEFECTS

In this Warranty:

We, us, or our means R.D Jackson & J.H Pedersen trading as FWD Thinkn (ABN 66 716 852 465) and our contact details are set out at the end of this warranty;

You, or your means the purchaser of the Goods and Services;

Goods means the product or equipment supplied to you by us in connection with the Services;

Services means services supplied to you by us pursuant to the FWD Thinkn Terms and Conditions; and

Vehicle means your vehicle that is the subject of the services.

This warranty is attached to and forms part of the FWD Thinkn Terms and Conditions.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Contact us for further details:

R.D Jackson & J.H Pedersen trading as FWD Thinkn (ABN 66 716 852 465)

Eglinton WA 6034

INFO@4WDTHINKN.COM.AU

0409455506

 

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