MANAGE MY CARAPP TERMS AND CONDITIONS
1. About Manage My Car (1)The Manage My Carsoftware application (“App”) enables users (“Users”) to manage all aspects of running and maintaining their car(s) including car registration renewals, CTP renewals in NSW, car insurance renewals and payment management, car servicing to manufacturer schedules and car finance management(our “Services”).
(3)Manage My Car is the operator of the App as a digital platform which enables Users to connect for the supply of services through the App (our “Services”).
(4)We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on our App.
(5)Any reference herein to “we”, “our”, “us” or “MMC” means Manage My Car Pty Limited(ACN613 169 467) (“Manage My Car”). Any reference to “you”, “your” or “User” means you, as a user of our App.
(1)“Car Dealer”means the car dealer who sells a car to you and submits on your behalf an MMC Application for you to use the App.
(2)“Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
(3)“Content”means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that User submits through the App.
(4)“Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
(5)“Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
(6)“Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tore (including negligence), restitution, pursuant to statute or otherwise at law or in equity.
(7)“Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.
(8)“Privacy Laws” means the Privacy Act 1988 (Cth) and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
(9)“Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.
3.Downloading the App
(1)The App is available for free download from the iTunes Store or the Google Play Store (collectively “App Store”).
(2)Please refer to the terms and conditions of the applicable App Store before downloading the App.
4.Use of the App
You must not use our App and engage our Services if you are not of legal age to form a binding contract with MMC.
(1)Subject to User’s compliance with these Terms, MMC grants User a limited, non-exclusive, non-sub-licensable, non-transferable licence to download and install a copy of the App on a single mobile device that User owns or controls.
(2) User agrees to:
(a)only use the App for the purpose for which it was created;
(b)only install or access the App from compatible mobile devices;
(c)must not reverse engineer, disassemble, or decompile any software contained in the App, create derivative works based on the software, or otherwise attempt to gain access to its method of operation or source code;
(d)must not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the App;
(e)must not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the App.
(1)During the registration process for an Account, you consent to Car Dealer submitting the following information on your behalf through Car Dealer Account:
(b) email address;
(c) mobile number;
(d) car purchase details including car make, model and year;
(e) car registration details including CTP for NSW;
(f) car finance details if arranged by Car Dealer (if car finance is obtained through a third-party, User can upload the details directly through the App during the App on-boarding process);
(g) car servicing details;
(h) any other information as specified in the Account interface.
(“MMC Application Information”)
(2)After Car Dealer submits the MMC Application Information on your behalf, User will receive a SMS alert containing an initial welcome from MMC with instructions to download the App from the App Store and a temporary password for User to first sign into App.
(3)User will be prompted through further set-up screens including:
(a)re set password
(b)security question and mobile number verification;
(c)verification of MMC Application Information;
(d)input of further information where not inputted by Car Dealer. If all verifications are positive, User’s Account will be authenticated. If there are any issues with Account authentication, please contact us at How to Contact Us.
(5)You warrant that theMMC Application Information you verify or provide to us during the registration process will be accurate, correct and up to date.
(6)You consent to MMC verifying your identity using your MMC Application Information.
(7)If your MMC Application Information changes, you must promptly update your Account to reflect those changes.
(8)We may suspend or terminate an Account for any breach of these Terms including if misuse of fraudulent activity is detected. Users acknowledge that access to an Account will be disabled when an Account is suspended or terminated.
(1)Users acknowledge that they are entirely responsible for all activities that occur under their Accountand for keeping it secure.
(2)You are solely responsible for maintaining the confidentiality of your Account and the secrecy of your User ID and password (“Login Details”);
(3)MMC will not be liable for any Loss or damage from User’s failure to maintain the security of their Account. Usermust immediately notify MMC of any unauthorised use of their Account or any other breach of security known to User.
(4)You must not authorise or permit anyone else to access your Account by using your Login Details.
(1)MMC charges the annual subscription fee (“Subscription Fee”) advertised on the App for the use of our Services. Car Dealer will pay the first year’s Subscription Fee on behalf of the User.
(2)User agrees to pay the annual Subscription Fee from the second year of use of the App and any subsequent years through the applicable App Store.
(3)All payments are in Australian Dollars (AUD).
(4)If there are payment failures due to insufficient funds, incorrect or outdated payment information, MMC reserves the right to:
(a)recover payment and deny a User access to our Services; or
(b)cancel or suspend an Account if we are unable to process theSubscription Fee for our Services. MMC reserves the right to delete the MMC Application Information without notice to User for any cancelled Accounts.
(5)All fees payable under these Terms are exclusive of GST. If GST is imposed on any supply made under or in accordance with these Terms, the User must pay to MMC an additional amount equal to the GST payable on or for the taxable supply in accordance with the GST Law.
9.1MMC will process refunds for its in accordance with the Australian Consumer Law.
9.2 Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
9.3 MMC will only facilitate a refund for a Subscription Feeif we are unable to facilitate the completion of our Services or if the delivery of our Services is defective or if MMC determines, in our absolute discretion, it is reasonable to do so. 10.General obligations of all Users
(1)As a User, you agree that:
(a)you will use the Services only for purposes permitted by the Terms and you will abide by any applicable Law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
(b)any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MMC of any unauthorised use of your password or any breach of security of which you have become aware;
(c)you must not use the Services or App for any illegal or unauthorised purpose which includes collecting email addresses of other Users by electronic or other means for sending unsolicited email or unauthorised framing or linking to the App;
(d)commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App without notice and may result in immediate termination of your User Account or access to the App;
(e)you must not expressly or impliedly impersonate another User or use another User’s account or password.
11.Copyright and Intellectual Property
(1)The Works (“Copyright Material”) in the App and all the related products and services of MMC are subject to copyright and owned by the copyright owner. The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties.
(2)All rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App, code, scripts, design elements and interactive features) or the Services are owned or controlled by MMC.
(3)Alltrademarks, service marks, and trade names are owned, registered or licensed by MMC.
(4)You may not, without the prior written permission of MMC and the permission of any other relevant rights owners broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change the Copyright Material.
(5)The App and its content (including the programming code) may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution, without MMC’s prior written consent.
(1)As a User, you warrant that:
(a)you are solely responsible for any user content (“User Content”) you may post, upload, publish, submit, transmit or otherwise make available on or through the App;
(b)you are the sole and exclusive owner of yourUser Content you make available through the App and have all rights, licenses, permissions, consents and releases and approvals necessary to use and publish the User Content on the App;
(c)neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content on the App will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law or Privacy Laws.
(2)User grants MMC a non-exclusive, worldwide, perpetual, irrevocable and royalty free licence to:
(a)use, copy, display, share, perform, distribute, disseminate, transmit, translate, edit, cache, store and create derivative works of User Content on the App, and
(b)use the User Content for data analytics to improve our Services.
(3)User is entirely responsible for the User Content that User uploads to the App including that Userhas obtained all necessary consents from third parties. User acknowledges that MMC does not verify any of User Content.
(4)User must not upload, send or transmit any User Content through the App that:
(a)does not comply with any applicable Privacy Laws; (b)is deceptive or misleading;
(c)infringes any Intellectual Property Rights; or
(d)is collected, used or disclosed without an individual’s consent. (5)MMC reserves the right to suspend or terminate a User’s Account if any of User Content is in breach of these Terms.
(6)MMC is not responsible for and disclaims all Liability in respect of any User Content that a User uploads through the App or for any Loss resulting from any action taken or reliance made in relation to a User’s Content.
13.Insurance and Assumption of Liability
(1)As a User you bear the responsibility at your sole cost and expense ofobtaining and keeping in full force and effect insurance as a prudent person would take out with reputable insurers for your car.
(2)The App and our Services are provided “as is”. You assume all risk for any Claims, Liability or Lossas a User of our App and our Services.
14.Alerts, Push Notifications and Updates
(1)As part of installation of the App on User’s mobile device, the App may be configured to allow the delivery of notifications to your mobile device (“Push Notifications”), which may include alerts, badges, banners and sounds. You consent to the App generating Push Notifications on yourmobile device and User acknowledges and consents to receipt of these Push Notifications.
(3)User may “opt-in” to MMC sending communications via the email address registered under User’s MMC Application Information.
(4)MMC will not be responsible or liable for any costs or damages incurred by User not receiving alerts, push notifications, updates or email notifications or by the insufficient operation of User’smobile device or network or mobile phone company.
(5)User is responsible for installing and downloading any available updates that MMC may release for the App. User agrees that updates may be required to fix issues with the software contained in the App or otherwise to improve the App’s functionality.
(1)Use of the App and related products and services is at your own risk. Everything on the App and any related products and services is provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MMCmake any express or implied representation or warranty about the App or any other products or services referred to on the App. This includes (but is not restricted to) Loss or damage you might suffer as a result of any of the following:
(a)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)the accuracy, suitability or currency of any information on the App (including third party material and advertisements on the App); and
(c)costs incurred as a result of you using the Appor any other related products or services of MMC.
(2)MMC makes no warranty or guarantee and has no control over whether any alerts, messages, or notifications will be delivered in real time, or without delay, or that they will be responded to without undue delay.
(3)MMC does not warrant the products or services of any third-party providers (for example, App hosting).
(4)MMC does not warrant that the Appor any other related products or services will be error-free, uninterrupted or free of bugs or viruses.
(5)It is User’s sole responsibility to determine that the Appor any other related products or services meet the needs of the User or are otherwise suitable for the purpose for which they are purchased or used.
16.Limitation of Liability
(1)To the extent permissible at law, MMC is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any Claims, Losses, Liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide the Appor any other related products or services under these Terms.
(2)Except as provided in these Terms, MMC excludes all representations and warranties relating to the subject matter of these Terms, the App, or any other related products or services.
(3)These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible MMC limits its Liability as follows, at our option:
(a)for any Claims relating to these Terms, to the fees payable under these Terms (if applicable) for the preceding year;
(b)in the case of products including any digital products:
(a) the replacement of the products or the supply of equivalent products;
(b) the repair of the products;
(c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c)in the case of services, the supply of the services again or the payment of the cost of having the services supplied again. This limitation applies to any supply under or related to these Terms including the App, or any other related products or services and covers loss of data, any viruses or other disabling features that affect User’s access to or use of the Appor any other related products or services, delays or failures User may have in using the App including any connections or transmissions that fail or are not completed in an accurate or timely manner.
(1)Users may cancel their Accounts with MMC where this option is made available to you in the App. Termination of your Account does not affect the survival of these Terms or is not a ground for a refund of any fees.
(2)If User’s Account is terminated, deleted or suspended, any User Content associated with User’s Account may be permanently deleted, along with any other information associated with User’s Account. MMC takes no responsibility for any damage or Losses that may result from the foregoing.
(3)MMCmay at any time, terminate User’s access to the App if:
(a)User breaches any provision of the Terms;
(b)User conduct impacts MMC name or reputation or violates the rights of those of another party;
(c)MMC is required to do so by Law;
(d)the provision of the App is, in the opinion of MMC, no longer commercially viable.
(4)When the Terms come to an end, all of the legal rights, obligations and liabilities that you and MMChave benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(1)User agrees to defend, indemnify and hold MMC, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, Claims, demands, Liabilities, costs, expenses, Losses and damage (including legal fees on a full indemnity basis) brought against or sustained by MMC, which:
(a)is directly or indirectly caused by User’s breach of these Terms;
(b)is directly or indirectly caused by any wilful, reckless or negligent act of User;
(c)is directly or indirectly caused by the failure or interruption to the App caused by User;
(d)is caused by User’s act or omission and constitutes a loss of or damage to property; (e)is brought by any third-party in respect of personal injury, death or damage to third-party property.
(2)Except as required by Law, MMC will not be liable for any Claim, Loss or Liability for personal injury, death or damage to User or its property however it may be caused.
(3)MMC reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, and in such case, User agrees to cooperate with our defence of such claim
(4)In no event will MMC be liable to User for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.
(1)If a dispute arises out of or relates to the Terms as between MMC and aUser, 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).
(a)Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
(b)Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
(c)Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d)Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(i)a mediator agreed on by the Disputants; or
(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(e)Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(f)Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g)Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
(h)Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.
(i)Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
(j)Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
20.Third Party Sites and Advertising
(1) The App may contain advertisements from third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the content of any linked sites.
(2)MMC makes no representation or warranty regarding any content, goods or services provided by any third party and will not be liable for any Claim relating to any third-party content, goods or services.
(3)Links to third party sites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association, or affiliation by us of those applications or the products or services provided at those sites. Your access to any such site is entirely at your own risk.
21.Feedback and Authorisations
Your feedback is important to us. MMC welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to theApp, or any other products or services of MMC (“Feedback”). You may submit Feedback by contacting us using the contact details provided below.
Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.
(1)User agrees that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these Terms. (2)User may not assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these Terms.
If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.
25.Law and Jurisdiction
These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.
MMC, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
27.How to Contact Us
You can contact us:
(a)by email at email@example.com © 2021 Manage My Car.All Rights Reserved.