Terms and Conditions

  1. Terms and Conditions

    Autoverse Pty Ltd ACN 659 516 186 and its affiliates (Company) provide services to connect car users and car care professional services providers (Services) via the mobile application AutoPort (App) and/or its website (Website). The Company owns and operates the Website made available at www.theautoport.io.

    The Company also, via the APP and/or Website, supplies, sells or resells automotive products including but not limited to auto spare parts, accessories and car care products.

    These Terms and Conditions govern your access to and use of the Services and App/Website as well as the sale and purchase of the Goods. By using the Services or by ordering or purchasing the Goods, you are agreeing to the Terms and Conditions, as may be updated by us from time to time.

    • Definitions 
        1. “Buyer” means the buyer of the Goods, whose details are set out in the invoices.
        2. “Goods” means the goods supplied by the Seller to the Buyer that are described on the invoices, quotation or any other forms as provided by the Seller to the Buyer. 
        3. “List Price” means the list of prices of goods sold by the Seller, issued by the Seller on the App/Website from time to time.
        4. “Price” means the price payable for the Goods as agreed between the Seller and Buyer.
        5. “Seller” means the Company being the seller of the Goods, whose details are set out in the invoices and/or the App/Website. 
    • Services
        1. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App/Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this App/Website.
        2. We may, at any time, enhance and/or alter the features of the Services at our sole discretion and without notice to you.
        3. We reserve the right to monitor your use of the App/Website, through cookies and other means, for the purpose of obtaining insights about how users use the App/Website and ensuring you are complying with these Terms and Conditions. 
    • Your Responsibilities
        1. You must:
          1. ensure that any information you provide to us is true, accurate and complete;
          2. promptly follow all directions from us in respect to your conduct in connection with the Services; 
          3. familiarise and follow any of the policies published by us at all times in connection with provision of the Services; 
          4. at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation; 
          5. comply with all applicable laws and regulations when using the App/Website and/or receiving the Services; and
          6. bear all costs and expenses related to your use of the App/Website and the Services.
        2. You must not:
          1. misuse the Services;
          2. use the App/Website in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; 
          3. post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
          4. except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or materials made available through the App/Website. 
        3. If you breach clauses 3.1 or 3.2 of these Terms and Conditions, we reserve the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, we reserve the right to suspend or terminate your access to the Services and App/Website at our sole discretion without notice.
    • Payment in relation to Services 
        1. In consideration for the provision of the Services you must pay us the fees specified on the App/Website (if any). We retain the right to vary our fees from time to time.
        2. Unless stated otherwise, all fees are exclusive of GST and any other similar taxes or levies. 
        3. All fees and charges will be payable by you either as a one-off payment or on a periodic basis, depending on the Services and payment option you have selected. 
        4. We will send you an invoice or payment confirmation when you pay the fees to the email address specified by you. 
        5. If you do not pay the fees on the due date, we reserve the right to charge you a late fee. This will also be considered a late payment and deemed a breach of these Terms and Conditions and we have the right to suspend or terminate your use of the Services and App/Website.
        6. Any fees paid are strictly nonrefundable.
    • Intellectual property
        1. You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and content (including photographic images) made available to you on or through this App/Website. 
        2. You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and/or incorporate into the App/Website:
          1. any information provided by you for the purposes of the provision of the Services; and
          2. any general suggestions, enhancement requests, recommendations or other feedback provided by you. 
        3. You may store, print and display the content supplied solely for your own personal use. 
        4. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this App/Website nor may you use any such content in connection with any business or commercial enterprise.
    • Privacy Policy
        1. Our Privacy Policy, which sets out how we will use your information, can be found at www.theautoport.io. By using the App/Website, you consent to the processing as described in the Privacy Policy and warrant that all the information provided by you is accurate.
    • App/Website Links
        1. The App/Website and the information we provide to you as part of the Services contains links to other app/websites, including the app/websites of third-party providers. These are provided for convenience only. 
        2. We have no control over or responsibility for anything on those app/websites. 
        3. Any link to another app/website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that app/website nor of the information and/or products and/or services which they provide.
        4. We reserve the right to withdraw linking permission without notice.
    • Terms of Sale 
        1. Unless otherwise specifically agreed in writing by the Seller, the terms and conditions under this agreement are incorporated into every order for the supply of Goods placed by the Buyer.
        2. Any provision of a particular order of the Buyer which is inconsistent with or additional to the terms and conditions under this agreement is excluded from contracts between the Buyer and the Seller.
        3. The Seller and the Buyer acknowledge that these terms and conditions together with quotations, constitute the whole agreement between the Seller and the Buyer and all previous negotiations and agreements between the Seller and the Buyer will cease to have effect.
    • Order
        1. Orders must be placed by telephone or in writing or on the App/Website.
        2. The Seller will supply the Goods at the price shown in the List Price current when an order is placed.
    • Payment in relation to Goods 
        1. The Seller may at any time change its List Price.
        2. The List Price of goods is exclusive of freight/delivery charges. All freight/delivery charges are payable in addition to the List Price.
        3. GST and other taxes and duties that may be applicable shall be added to the Price unless they are expressly included in the Price.
        4. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment at a rate of ten percent (10%) per annum after as well as before any judgment.
        5. We will send you an invoice or payment confirmation when you pay the fees to the email address specified by you. 
        6. Unless otherwise expressly specified, you must pay the Price in full at the time of ordering. 
    • Delivery of Goods
        1. The delivery of Goods shall take place when the Goods are delivered to the nominated address.
        2. The Buyer acknowledges that any delivery date, either stated or implied, is an estimate only, subject to availability of the Goods. The Seller shall not be liable for any direct, special, indirect or consequential loss or damage, sustained by the Buyer due to late delivery or non-delivery of the Goods by the Seller. 
    • Risk
        1. All risk for the Goods passes to the Buyer upon delivery. In the event of late delivery, risk shall pass at the date when delivery would have occurred. 
        2. The Seller shall not be liable for any direct, special, indirect, or consequential loss or damage howsoever caused (including by the negligence of the Seller) incurred by the Buyer in connection with the Goods in transit, caused by any event of any kind by any person.
    • Title
        1. The Seller and the Buyer agree that the ownership of the Goods shall not pass until the Seller has received all amounts owing for the Goods by the Buyer. The Buyer in the meantime takes custody of the Goods and holds the Goods on trust and as a fiduciary bailee for the Seller.
    • Return and Cancellation
        1. Subject to clause 16.2, the Seller is not under any duty to accept Goods returned by the Buyer. If the Seller agrees to accept returned Goods from the Buyer, the Buyer must return the Goods to the Seller at the address nominated by the Seller.
        2. The Seller may cancel delivery of Goods at any time before the Goods are delivered by giving notice to the Buyer. The Seller shall not be liable for any direct, special, indirect or consequential loss or damage howsoever caused incurred by the Buyer in connection with and or arising from such cancellation, except for the refund of the Price paid for the cancelled Goods (if any). 
    • Warranty
        1. You acknowledge and agree that the Company provides information, guidance, suggestions, tools and feedback to you for the purposes of connecting you with car care professional services providers or car users (as the case may be) and that the Company is not responsible for and has no liability to you in respect of any of the outcomes arising from the provision of Services. For example without limitation, if you are a car user, the Company has no liability to you in respect of any services provided by the car care professional services providers which are referred or recommended by the Company to you via the App/Website. 
        2. While we take all due care in providing the Services, we do not provide any specific warranty, either express or implied, including without limitation warranties of fitness for a particular purpose except as required by law. 
        3. To the extent permitted by law, the information or material displayed on the App/Website in respect of the Services is provided without any guarantees, conditions or warranties as to its accuracy. 
        4. Unless otherwise expressly specified, all specifications, drawings and images, particulars of weight and dimensions and other information submitted to the Buyer are supplied by the suppliers of the Goods and the Seller shall not be liable for any direct, special, indirect or consequential loss or damage howsoever caused (including by the negligence of the Seller) incurred by the Buyer resulting from the discrepancies between this information and the Goods.
        5. To the full extent permitted by law, no warranty is given by the Seller as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded.
    • Limitation of liability
        1. You acknowledge and agree that the Company disclaims all and any guarantees, undertakings and warranties, expressed or implied, in the provision of the Services and is not liable for any loss or damage whatsoever (including personal injury or property damage, negligence or otherwise, incidental or consequential loss or damage) arising out of, or in connection with the Services, to the fullest extent permitted by law. 
        2. Where the Company cannot exclude such liability under the Competition and Consumer Act 2010 (Cth), its liability to you will be limited to: 1) if the breach relates to services, the supply of those services again or the refund of the fees paid in respect of the services (at the election of the Company); or 2) if the breach relates to goods, the replacement or repair the goods or the refund of the Price paid in respect of the goods (at the election of the Company).
        3. The Company is not liable to you (or any other person) for any indirect loss arising from a breach of these Terms and Conditions.
        4. You agree to indemnify and hold the Company (and each of its officers, employees, contractors and agents) harmless against any loss and costs incurred or arising from your breach of these Terms and Conditions.
        5. The Services are not intended as professional advice and must not be relied upon as such. You should obtain professional advice tailored to your specific circumstances prior to making any decisions.
        6. We take reasonable care in ensuring that any information or material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the App/Website or any linked app/websites.
        7. As the Services may be provided online over the internet, we are not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming or equipment.
    • Variation
        1. We may amend these Terms and Conditions at any time. 
        2. We will endeavour to notify you of any changes to these Terms and Conditions or any amended Terms and Conditions. 
        3. If you continue to enjoy the benefit of the Services and/or access to the App/Website following any amendment to these Terms and Conditions, you will be taken to have agreed to comply with the Terms and Conditions as changed. If you do not agree with changes to the Terms and Conditions, you should immediately cease using or accessing the App/Website or enjoying the benefit of the Services.  
    • Complaints
        1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
    • General
        1. These Terms and Conditions prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms and Conditions.
        2. All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions. 
        3. Any failure by the Company to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
        4. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Company and supersede any prior versions of these Terms and Conditions and all other communications whether oral or written, express or implied. 
    • Governing Law
      1. These Terms and Conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
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