TABLE OF CONTENTS
A. Introduction
B. Definitions
C. Open and Transparent Management of your Personal Information
1. Registration
2. Profile Information
3. How we use your information
4. Communications
5. Sharing With Third-Party Partners and Customers
6. Advertising, Measurement and Analytics Services
7. Polls and Surveys
8. Testimonials and Advertisements
9. Vendors, Service Providers and other partners
10. Credit Card Details
11. Vehicle Details
D. Your Choices and Obligations
E. Access Information and Cookies
F. Security
G. Unsolicited Personal Information
H. Access to your Personal Information
I. Disclaimer
J. Updates to this Policy
Our mission is to connect Australia and New Zealand's automotive technicians to allow them to be more productive and successful. Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content and find business and career opportunities. We believe that our services allow our Members to effectively compete and achieve their full career potential. The cornerstone of our business is to focus on our Members first.
We are committed to protecting the privacy and security of any personal information that it obtains about individuals (you) and recognises that we must abide with the provisions of the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
This Policy describes how we manage and use any personal information that we collect.
If you have any questions regarding the Privacy Policy, please email: [email protected]
“Client,” ‘Member,” “Members,” "User," "You" and "Your" refer to the entity who registers for and utilises our services.
“Mechanic” "we," "us" and "our" refer to Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia, its subsidiaries, officers, agents, directors, employees and “related bodies corporate” as defined in the Corporations Act 2001.
“Account” refers to the Client's unique account created at the time of registration within which their credentials and data are stored.
“Article”, “Articles”, “Fix” or “Fixes” refer to technical documentation viewable on our website.
These Articles are the strict intellectual property of Autoexpert Consulting Group Pty Ltd and cannot be adapted, copied, decompiled, disassembled, distributed, reverse-engineered, translated or varied in any way, shape or form. In the event such breaches are made, the offender may be subject to legal pursuit by Autoexpert Consulting Group Pty Ltd.
“Community Forum” refers to the community forum/bulletin board on our website.
“Management” refers to the management personnel of Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia and any authorised correspondence from: [email protected]
“Our Server” refers to the server from which we provide our services and does not necessarily refer to a server owned or managed by Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia
“Our Services” refer to the products and services provided by Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia to you; the Client.
“Our Website” refers to any content contained within the domain, “www.mechanic.com.au” and any subdomains, or affiliate domains directly owned by us.
“Workshop” refers to a member of our website that owns or operates an automotive business or workshop.
We collect personal information that is necessary for the provision of our services.
We will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.
We may collect personal information about you from sources such as: in writing, via telephone, in person or by electronic correspondence.
At or before the time when we collect personal information, we will take reasonable steps to ensure that you are made aware of the purpose for collecting that information and how that information will be used. Where reasonable, we will collect personal information directly from you and not through another party.
If information is collected from someone other than you, we will take such steps as are reasonable in the circumstances to ensure that you are aware of such matters.
We will take steps as are reasonably necessary in the circumstances to ensure that the information collected is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
Registration
When you create an account with us, we collect information (including your name, email address, and password).
To create an account on Mechanic.com.au, you must provide us with at least your full name, email address, username and a password and agree to our Terms of Use and this Privacy Policy, which governs how we treat your information. You may provide additional information during the registration flow (for example your career history, location, qualifications) to help you build your profile and to provide you more customised services (for example: updates, content, more relevant ads and career opportunities).
We collect content when you create or share, and message or communicate with others. This can include information in or about the content you provide. We also collect information about how you use our services, such as the types of content you view or engage with or the frequency and duration of your activities.
This information is collected and stored securely on our server.
Our Services are a dynamic, innovative environment, which means we are always seeking to improve the Services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information. If we start collecting substantially new types of personal information and materially change how we handle your data, we will modify this Privacy Policy and notify you in accordance with ‘Section J’.
2. Profile Information
After you create an account, you may choose to provide additional information on your Mechanic.com.au profile, such as descriptions of your skills, professional experience and educational background. Providing additional information enables you to derive more benefit from our Services by helping you express your professional identity; find other technicians, opportunities, and information; and help recruiters and business opportunities find you. It also enables us to serve you ads and other relevant content on and off of our Services.
3. How we use your information
We are passionate about creating engaging and customised experiences for our community. We use all of the information we have to help us provide and support our Services.
We are able to deliver our Services by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.
We conduct surveys and research, test features in development, and analyse the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services.
We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies.
4. Communications
We communicate with you through email, notices posted on the Mechanic websites or apps, notifications and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use our Services, new features and updates etc; (2) service communications - these will cover service availability, security, and other issues about the functioning of our Services; (3) promotional communications - This includes e-mails as well as communications served through our website and may contain promotional information directly or on behalf of our partners, including job opportunities and information from companies that are hiring. These messages will be sent to you based on your profile information.
5. Sharing With Third-Party Partners and Customers
We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to users within Australia and New Zealand.
Before we disclose your personal information to third parties, we will satisfy ourselves that the third party will only make use of the personal information in accordance with the Privacy Act 1988 (Cth).
6. Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only).
We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you.
We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:
Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;
Member-provided profile and contact information and categories (for example, “Auto Electrician in Melbourne”);
Information inferred from a Member‘s profile (for example, using job titles to infer age, industry, seniority, and compensation bracket; or names to infer gender);
Information from 3rd parties (e.g. advertising partners, publishers and data aggregators) which we use in addition to the information from our cookies (and similar technologies), your profile and use of our Services.
We do not share your personal information with any third-party advertisers or ad networks for advertising without your separate permission.
We may show you sponsored content in your content stream that will behave like other content stream updates. If you take social action (for example, if you “like” or “comment” on the sponsored content), your action may be seen by your network and other Members who are shown the sponsored content after you have acted on it.
7. Polls and Surveys
We may conduct Polls and Surveys from time to time. We may target advertisements to you on the results page based on your answers in the poll. We or third parties may follow up with you via e-mail regarding your participation. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will be used only for the purpose of delivering incentives and verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personal information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it.
8. Testimonials and Advertisements
If you provide any testimonials about our goods or services or place advertisements through Mechanic.com.au, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties. Testimonials and advertisements may include your name and other personal information that you have provided.
9. Vendors, service providers and other partners.
We may transfer information to vendors, service providers, and other partners who support our business, such as providing technical infrastructure services, analysing how our Services are used, measuring the effectiveness of ads and services, providing customer service and facilitating payments. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Privacy Policy and the agreements we enter into with them.
10. Credit Card Details
Credit Card Name
Credit Card Number
Credit Card Type
Expiry Date
CVC Number
This information is collected and stored securely on our Payment Gateway Provider’s Server.
None of your sensitive credit card details are stored electronically or in hard copy by us or pass through our server at any time with the exception of the expiry date in order for us to validate your account.
We use one of the largest and most secure payment gateways available which has PCI Service Provider Level 1 Certification, which is the most stringent level of certification available and all card numbers are encrypted on disk with AES-256 Encryption with decryption keys stored on separate machines.
They regularly audit the details of their implementation; the certificates they serve, the certificate authorities they use and the ciphers they support.
11. Vehicle Details
Vehicle specifics (Make, Model, Build Date, Transmission etc.)
Fault specifics (Diagnostic Trouble Codes, Fault Description etc.)
Attachments (Audio, Images, Video etc.)
We collect and store the above information that is submitted by our clients in order to provide support services and for reference purposes.
Upon resolution of a problem, we may use wholly or derive information from the data you have entered to create a technical article.
This information may be published within or external to the website, in part or in whole, modified or unmodified.
As stated in the Terms of Use, data submitted to the community forum becomes the sole intellectual property of Mechanic Community Australia and may be used by us in any way we see fit. We may retain any of this information even in the event you should cancel your account with our website. This information cannot be adapted, copied, decompiled, disassembled, distributed, reverse-engineered, translated or varied in any way, shape or form.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Mechanic Community Australia regarding your profile, (2) change or remove your content, and (3) close your account. If you close your account(s), your information will generally be removed from the Service within 24 hours.
We retain the personal information you provide while your account is in existence or as needed to provide you services. We may retain your personal information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between Members, prevent fraud and abuse, or enforce this Privacy Policy and our User Agreement. We may retain personal information, for a limited period of time, if requested by law enforcement. Our Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only, but we generally delete or de-personalise closed account data.
A cookie is a small data file that our website will write to your computer, mobile or other device when you use our website.
These cookies are used to remember who you are and that you are logged into your account.
We also use these cookies to track client traffic patterns in order to provide optimal speed and service.
Almost every website you visit will write cookies to your computer for these reasons.
The only personal information a cookie can contain is information you personally supply.
A cookie cannot read data from your computer or read other cookie files created by other websites.
Mechanic Community Australia records the I.P. (Internet Protocol) Address from which you access our services in order to prevent fraud.
This information is not shared with any party outside of Mechanic Community Australia and our Internet Service Providers except for investigation of fraud or unauthorised access.
Mechanic Community Australia takes the same security measures to protect your personal information from loss, unauthorised access, destruction, misuse, modification or disclosure as we do our own sensitive information.
Mechanic Community Australia reserves the right to change, modify or upgrade any of its security measures as we consider necessary.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services. We also offer secure https access to the Mechanic.com.au website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please help keep your account safe by using a strong password.
If unsolicited information is received by Mechanic Community Australia, we may use or disclose such information if we determine that we could have collected the same information via legitimate (solicited) means. If we determine that we could not otherwise have collected the unsolicited information, we will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.
You may, at any time, request access to your personal information or notify Mechanic Community Australia of any changes to your details.
To make a request or if you have any questions regarding this Policy please e-Mail: [email protected]
There are exceptions at law which can prevent an individual from accessing information. We will advise you in the event that a request is received and an exception applies. Regardless, Mechanic Community Australia will endeavour to give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so. If a request is refused, Mechanic Community Australia will provide a written notice that details the reasons for refusal, methods of complaint about the decision and any other relevant matters.
This Policy does not apply to employee records of current or former employees.
This Policy will be reviewed regularly and is subject to change. Mechanic Community Australia reserves its rights to act outside of the Policy where necessary and may do so, subject only to any applicable laws including the Privacy Act 1988 (Cth).
We may change this Privacy Policy from time to time. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will provide notice to you on the Services or by some other means, such as email. Please review the changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account.. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.
TABLE OF CONTENTS
A. The Terms
1. Acceptance of Terms
2. Definitions
3. Electronic Communications & Rights to Modify Terms
B. The Client Portal and Our Website
4. Mechanic.com.au is a Venue
5. Information
6. Availability of Services
C. User Information
7. User Accounts;
8. Restricted Activities
9. Copyright Infringement
10. Suspension or Termination of Service
12. Charges, Refunds and Cancellation Policy
13. Receipt of Special Offers and Other Communications
D. Legal Statements
14. General Information
15. Release
16. Proprietary Rights of Content
17. Waiver
18. No endorsement of Non-Mechanic.com.au entity; No relationship with Users
19. Information Control and Storage
20. Trademarks
21. Privacy
22. Exclusion of Warranties
23. Limitation of Liabilities
24. Indemnification
25. Press Releases or Third Party Press about Mechanic.com.au
26. Governing Law and Dispute Resolution
27. Agreement, Assignment and Miscellaneous
If you have any questions regarding these Terms of Use, please email: [email protected]
1. Acceptance of Terms
By clicking ‘Sign Up’ or similar, registering, accessing or using our services you are entering into a legally binding agreement (even if you are using our Services on behalf of a company) and are agreeing to comply with and be bound by this Agreement and the Privacy Policy, as applicable (collectively "Related Agreements"), and all rules, policies and disclaimers posted on our website or about which you are notified (collectively "Terms").
This “Agreement” includes these Terms of Use and the Privacy Policy, as may be amended by Mechanic Community Australia from time to time. If you do not agree to this Agreement, do NOT click “Sign Up” (or similar) and do not access or otherwise use any of our Services.
Please review all of the Terms carefully before using our services. If you do not agree with all the Terms, please do not register for our services.
By registering for our services as stipulated above, you acknowledge that you are;
A person who is currently, has previously or aspires to be employed in the automotive retail, service and repair sectors within Australia or New Zealand.
or
Represent an automotive retail, service or repair business located within Australia or New Zealand and confirm that you are able to form legally binding contracts on behalf of the business, company or organisation for which you are registering for our services.
You also acknowledge that;
You do not represent or have any affiliation, connection to, or interest in any business, company, individual or organisation that could be considered competitive in nature or conflicting in commercial interest with Mechanic Community Australia. If in doubt, please contact us directly at [email protected] prior to registering for any of our services.
You acknowledge that by using our services you are accepting a benefit that cannot be disgorged.
You represent that you are neither located in sanctioned country nor a prohibited person.
2. Definitions
“Client,” ‘Member,” “Members,” "User," "You" and "Your" refer to the entity who registers for and utilises our services.
“Mechanic” "we," "us" and "our" refer to Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia, its subsidiaries, officers, agents, directors, employees and “related bodies corporate” as defined in the Corporations Act 2001.
“Account” or “Account Profile” refers to the Client's unique account created at the time of registration within which their credentials and data are stored.
“App” or “The App” refers to our mobile application, which may include content served directly from our website (see “Website)
“Article”, “Articles”, “Fix” or “Fixes” refer to technical documentation viewable on our website.
These Articles are the strict intellectual property of Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia and cannot be adapted, copied, decompiled, disassembled, distributed, reverse-engineered, translated or varied in any way, shape or form. In the event such breaches are made, the offender will be subject to legal pursuit by Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia
“Community Forum” refers to the community forum/bulletin board on our website.
“Management” refers to the management personnel of Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia and any authorised correspondence from: [email protected]
“Our Server” refers to the server from which we provide our services and does not necessarily refer to a server owned or managed by Autoexpert Consulting Group Pty Ltd (ABN: 18166747726) T/A Mechanic Community Australia
“Our Services” refer to the products and services provided by Mechanic Community Australia, to you; the Client.
“Our Website” or “Mechanic.com.au” refers to any content contained within or delivered from the domain, “www.mechanic.com.au” and any subdomains, or affiliate domains directly owned by us. This also includes any mobile applications through which we serve content from our website.
“Workshop” refers to a member of our website that owns or operates an automotive business or workshop.
3. Electronic Communications and Right to Modify Terms
When you use our website or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via the app, website, email, in person or via telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your account profile, your true and correct credentials.
We may modify any of the Terms at any time by posting them on our website and you acknowledge that Mechanic Community Australia is not required to give you written notice of changes to this agreement although we will endeavour to do so where practical. Changes shall automatically be effective upon posting, therefore Clients should be sure to check for amendments, modifications or updates to the Privacy Policy and Terms of Use on a frequent basis. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all E-mail’s from these E-mail addresses. Your continued use of the our services will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to cancel your account by contacting us at [email protected] and requesting that we delete your account.
The latest Terms will be posted on our website, and you should always review them prior to using our services.
4. Mechanic.com.au is a Venue
Our website is a venue to connect Australia and New Zealand's automotive technicians to allow them to be more productive and successful. Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, and find business and career opportunities.
5. Information
Mechanic Community Australia shall not be liable for any acts or omissions, incorrect, incomplete or misleading advice, instruction, support, technical information, test procedures, troubleshooting or wiring data derived from the website whether provided by Advertisers, Mechanic Community Australia, Members, Sponsors or Workshops resulting in loss or interruption of corporate relationships, services, software, revenue, property damage, injury or loss of life.
It is the member's responsibility to exercise discretion to all advice, instruction, opinions, support, technical information, test procedures, troubleshooting and wiring data given and act accordingly.
Clients acknowledge that the personnel undertaking work and acting on advice, instruction, opinions, support, technical information, test procedures, troubleshooting and wiring data found on the website are trained professionals who have carried out necessary Job Specific, Occupational and OH&S training in keeping with Federal and/or State legislation in relation to the work they are performing.
6. Community Forum
Mechanic Community Australia provides the community forum as a public service to our users.
Please carefully review the following basic rules that govern your use of the Community Forum.
Permitted and Prohibited Uses
You may use the Community Forum for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Community Forum to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, any rules of any national or other securities exchange, and any Australian or New Zealand laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Community Forum any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Community Forum any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
User Submissions
Mechanic Community Australia, nor our members wish to receive confidential or proprietary information from you through the Community Forum. Any material, information, or other communication you transmit or post ("Contributions") to the Website will be considered non-confidential.
Mechanic Community Australia staff may, but are not obligated to, monitor or review any areas on the Community Forum where users transmit or post communications or communicate solely with each other, including but not limited to the Community Forum, and the content of any such communications. Mechanic Community Australia, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.We may edit or remove content on the the Community Forum at our discretion at any time.
Information submitted to the Website is governed according to the Operator's current Privacy Policy and the stated license of this website.
The standards, practices and procedures that apply to your particular question on our community forum or any other peer to peer feature found on our website may differ depending on information typically discovered through in-person evaluation.
Communications via the Mechanic community forum are limited, as described above, do not involve in-person evaluations, and do not include safeguards and procedures typical of in-person evaluations.
6. Availability of Services
As electronic services are subject to interruption or breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.
The Website may also be unavailable from time to time due to scheduled maintenance. We will always endeavour to carry out maintenance at a time that is least likely to cause disruption of services to our clients.
7. User Accounts
When you register as a User of our services, you are required to establish a password for access to your account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Mechanic of any suspicious activity or unauthorised use of your password or account. Mechanic is not liable for any loss or misuse of data or unauthorised actions or expenses incurred in relation to a client's account or credentials should a security breach occur as a result of negligence of the Client or otherwise. If your account has been breached, suspended or terminated, you may not open another account without express written consent from Management.
You agree to keep your account credentials up-to-date, and to comply with all billing procedures, including providing and maintaining accurate, lawful and valid billing information.
8. Restricted Activities
You agree that any content you provide within the website and your use of our services or any Additional Services (whether such Additional Services are Informational or Beyond-Information Only, as defined below) initiated through our Website or via E-mail shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Mechanic; (e) contain any viruses, trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Providers) or other suppliers; or (g) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms; or you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content within our Website.
You are prohibited from soliciting Users of this Site, for any purpose (including inviting members to contact you outside of the site or inviting members to participate in a website or service that competes with the Website)
You agree that you will not, (either yourself or through any third party):
Use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Website, or any of the Content contained within or accessible through the Website, without our prior written permission;
Use any Automated Process to aggregate or combine content contained within or accessible through the Client Portal or Website with information, content or data accessible via or sourced from any third party;
Use any Content on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gains;
Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website; or
Reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with Website.
9. Copyright Infringement
Any material that you submit to the Website, including but not limited to the Community Forum or Fault Database must be solely your own works and by doing so you are affirming that the content you are submitting does not infringe on any other parties intellectual property rights.This includes but is not limited to text, images, video and audio.
If you as a user of Mechanic.com.au or any other party suspect works that may be subject to copyright infringement are existent within our services, you are to notify us immediately at: [email protected] providing both a reference to the original works aswell as the location of suspected infringing works within our content.
Any content that is investigated and found to be infringing on another party's copyright will be removed as a matter of urgency.
We make our best efforts to audit and screen the subject matter of the content that is submitted to us however due to the nature of the content some instances may arise where these efforts are ineffective.
10. Suspension or Termination of Service
You may terminate your service and account at your sole discretion at any time by contacting us at [email protected] and requesting that we terminate your account.
Terminations typically will be effective within 7 business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. Annual membership fees are non-refundable and will not be prorated.
In the event you wish to reinstate your account, you must not register for a new account.
Please contact us at [email protected] in order to re-enstate your account.
At any time, without notice, for any or no reason, Mechanic Community Australia reserves the right to refuse service to anyone, to modify and discontinue any portion or all of our services, and to restrict, suspend and terminate users accounts.
12. Charges and Refunds
Our premium services allow workshops to be listed in our directory as well as unlimited job ad posts. Alternatively, you can lodge a casual job post at the price shown on the website.,
By registering for our services as a workshop and purchasing one of the paid services listed above, you consent to your credit card being automatically billed for the following reasons:
Annual service fee based on the value of the membership for which you register. This fee is charged in advance, at the start of the billing cycle. Changes of membership during a billing cycle will be prorated.
One-time service fee for a casual job ad.
Charges relating to administration or dishonour fees due to insufficient funds or invalid card details or any other discrepancies that arise in regards to billing.
Any other charges relating to liabilities outlined in the Privacy Policy or Terms.
For information relating to the cancellation of services please refer to section 8 of the Terms; Suspension or Termination of Service
In the unlikely event incorrect charges are made to the client's credit card by Mechanic Community Australia, please notify us immediately and the matter will be rectified as soon as possible.
13. Receipt of Special Offers and Other Communications
By accepting these Terms, you agree to receive special offers and other communications from Mechanic Community Australia as per the terms of the Privacy Policy.
14. General Information
Unless expressly stated otherwise, general information about our products and services does not constitute an offer or inducement to enter into a legally binding contract and/or does not form part of the terms and conditions for products and services.
15. Release
In the event of accidental or unintentional damage to corporate relations, hardware, property, services, software, loss or interruption of services and/or resultant loss of revenue, expenses, injury or loss of life, you release Mechanic Community Australia (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such events.
If any statutory provisions apply which cannot be excluded by laws, to the extent to which Mechanic Community Australia is entitled to do so, Mechanic Community Australia limits its liability in respect of any claim under those provisions to (at Mechanic Community Australia’s option) repairing or replacing the relevant goods or resupplying the relevant or equivalent services.
16. Proprietary Rights of Content
You acknowledge that Mechanic Community Australia owns the rights to the Website and the content displayed within. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Mechanic Community Australia or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing within the Website, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials within the Website does not constitute a waiver of any right in such information and materials.
You agree that any and all information you submit via the Website or other venues will become the sole property of Mechanic Community Australia and therefore cannot be re-distributed or republished in any way, shape or form and doing so will be a violation of these Terms.
You grant to Mechanic Community Australia a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have submitted via the Website, in any media now known or not currently known.
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users' personal information to third parties for marketing purposes. Mechanic Community Australia shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and Mechanic Community Australia reserves the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
Mechanic Community Australia notes that unauthorised use of User's' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. Mechanic Community Australia reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and Mechanic Community Australia will fully cooperate with any authorities investigating violations of these laws.
17. Waiver
If you breach any of these Terms and Conditions, and we have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver of legal rights granted under these Terms and Conditions will only be effective if it is in writing and signed by us.
18. No Endorsement of Non-Mechanic Community Australia Entity; No Relationship with Users
Mechanic Community Australia may endeavor to offer to its Clients products and services offered by non-Mechanic Community Australia entities. Placement of information, logos, links or names of such non-Mechanic Community Australia entities within the Website does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronise any such entity and hold Mechanic Community Australia harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Mechanic Community Australia by formation of this Agreement (or any of the Related Agreements) or by your use of the Client Portal or Website. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY ADVICE, ANSWER, INSTRUCTION, OPINION, TECHNICAL INFORMATION, TEST PROCEDURE, WIRING DATA OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE.
19. Information Control and Storage
While every measure is taken to ensure retention of data including rigorous security measures and backups, you agree that Mechanic Community Australia is not responsible or liable for the deletion or failure to store directory listings, job postings, message, posts, profile information and/or other information.
20. Trademarks
All names, logos and trademarks (both registered and unregistered) are our property, or the property of third parties who have contributed to the Website. Use of these trademarks will infringe Intellectual Property rights. It is your responsibility to obtain the requisite approval. Nothing contained within the Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without express written permission.
21. Privacy
Please refer to the Privacy Policy on our website. Although we intend to observe the privacy policy at all times, it is not legally binding on us. From time to time we may regard it as necessary or desirable to act outside this Privacy Policy. We may do so, subject only to any statutory rights you have under the Privacy Act 1988 (Cth) or other applicable legislation.
22. Exclusion of Warranties
All content provided through our website has been compiled in good faith and with all reasonable care. The content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent or occasional errors. In particular, you should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date. Clients using the information from the Website do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made within the Client Portal or on our Website which has not been stated expressly in these Terms and Conditions.
MECHANIC COMMUNITY AUSTRALIA'S SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. MECHANIC COMMUNITY AUSTRALIA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MECHANIC COMMUNITY AUSTRALIA DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL MECHANIC COMMUNITY AUSTRALIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
23. Limitation of Liabilities
IN NO EVENT SHALL MECHANIC COMMUNITY AUSTRALIA, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MECHANIC COMMUNITY AUSTRALIA AND YOU. THE WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MECHANIC COMMUNITY AUSTRALIA IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) AU$500.
You agree not to carry on any activity in relation to our Website which might involve us in liability. However, if you do engage in any such activity, in breach of these Terms and Conditions, you agree to grant us an unlimited indemnity with respect to your conduct.
You and Mechanic Community Australia agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of User’s responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
24. Indemnification
You agree to indemnify and hold Mechanic Community Australia, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of our Website.
25. Press Releases and Third-Party Press about Mechanic Community Australia
Our Website may contain press releases and other information about Mechanic Community Australia. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Mechanic Community Australia. Likewise, third-party press about Mechanic Community Australia or our Website should not be relied upon as being provided or endorsed by Mechanic Community Australia.
25. Governing Law and Dispute Resolution
The laws of South Australia and the Commonwealth of Australia govern these Terms and Conditions and you submit to the exclusive jurisdiction of the Courts of South Australia and the Federal Court of Australia.
This Dispute Resolution section shall survive termination of this Agreement and the termination of your relationship with Mechanic Community Australia.
26. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Mechanic Community Australia agent, contractor or employee and the Terms (other than modifications to the Terms executed in writing by the Managing Director or authorised-in-fact representative of Mechanic Community Australia), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Client over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Mechanic Community Australia’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Mechanic Community Australia’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You agree that Mechanic Community Australia may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. Mechanic Community Australia shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Managing Director of Mechanic Community Australia. No delay or omission on the part of Mechanic Community Australia in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
