This website enables you to request a service or repair on your vehicle by submitting an enquiry form to a mechanic (Supplier). We receive a subscription payment from all Suppliers listed in our directory. By submitting an enquiry form, your information is provided to the Supplier you choose to submit an enquiry to.
We have limited our liability, but only to extent permitted by law, including in relation to information provided on the website, services provided by the Supplier, and goods, services and businesses promoted by us. You also release us from liability, but only to the extent permitted by law, including in relation to your use of the website and any issues that may emerge with a Supplier. This means that some avenues of compensation are excluded where this is permitted to be excluded by law.
1 - Terms
Welcome to the website www.mechanic.com.au (Site) of Autoexpert Consulting Group Pty Ltd trading as “Mechanic Community Australia” (ABN 18 166 747 726) (we, us and our).
The Site acts as a platform for users (you and your) to locate and book a range of vehicle maintenance, repair and/or modification services with third party suppliers registered with us (Suppliers).
We receive a subscription payment from Suppliers. Our terms and conditions with Suppliers are set out in a separate document.
2 - Agreement to these terms
By accessing and using the Site, you agree to be bound by these Terms. These Terms constitute a binding agreement between the parties and govern your use of the Site which includes the information on the Site and the services we provide as set out in clause 3 (Services).
LEGAL CAPACITY AND ELIGIBILITY
You must not use the Site unless you are:
(a) at least 18 years of age;
(b) located in Australia;
(c) genuinely seeking the Services; and
(d) a natural person (which includes a natural person who is authorised to act on behalf of an entity).
By using the Site, you represent and warrant to us that you satisfy the eligibility criteria in clause 2.4. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardians.
3 - Services
We provide the following services subject to these Terms (collectively, Services):
(a) assistance with locating Suppliers by postcode, suburb or street through database search on the Site;
(b) Supplier’s information on their profile on the Site including but not limited to business address, contact number, links to website, links to social media sites, list of services, amenities and/or trading hours;
(c) access to an online booking request form through which you can submit the following information to your preferred Supplier:
(i) your personal and contact information including your name, contact number and email address;
(ii) your vehicle details, including vehicle registration;
(iii) the type of goods and/or services you are seeking from the Supplier; and
(iv) your preferred booking date, (collectively, Booking Request).
(d) identification of your vehicle when you use the rego look-up feature or manually enter your vehicle details;
(e) general cost information, which is NOT an estimate or quote provided by the Supplier, but merely a general costing which may not take into account all the factors relevant to the circumstances (Generic Cost Approximation) and you agree that the Supplier’s cost may be different to, or not similar to, the Generic Cost Approximation;
(f) access to articles providing general information about vehicles and vehicle services, which are for informational purposes only and are NOT technical, expert or other advice or advice relating to your vehicle.
YOUR RESPONSIBILITY IN RELATION TO INFORMATION YOU PROVIDE
When using the Site any information you provide must be accurate and correct, including any information in your Booking Request or to the Supplier. We are not liable or responsible for any inaccurate or incorrect information provided by you and you agree to provide us with the indemnity set out in these Terms at clause 5.3 in relation to any inaccurate or incorrect information provided by you when using the Site.
YOUR LAWFUL USE OF THIS SITE
(a) only use the Site for lawful purposes;
(b) not contravene any laws when using the Site;
(c) not infringe another person’s rights when using the Site.
We are not liable or responsible for your unlawful use of the Site, or for your infringement of another person’s rights and you agree to provide us with the indemnity set out in clause 5.3 in relation to your unlawful use of the Site or infringement of another person’s rights when using the Site.
4 - Limitation of services provided
ALLOCATION OF RESPONSIBILITY
Once the Booking Request is submitted to the Supplier, or you have obtained the contact information of the Supplier, our Services have ended. We only provide the Services described in these Terms, once you have made a Booking Request to a Supplier selected by you, or otherwise contacted the Supplier selected by you:
(a) it is the responsibility of the Supplier and your responsibility to agree to the details of the goods and/or services requested and to be provided by the Supplier, including without limitation, the price of the goods and/or services and the time and date of the supply;
(b) it is the responsibility of the Supplier to contact you to make and/or finalise the Booking Request; and
(c) we are not responsible for or in any way associated with the delivery of the Supplier’s goods and/or services.
The Supplier is:
(a) solely responsible for responding to your Booking Request, arranging the requested goods and/or services with you, providing you with an estimate or quote for those goods and/or services and any other matters related to those goods and/or services;
(b) solely responsible for supplying you with the requested goods and/or services and for those goods and services themselves; and
(c) the supplier of any goods and/or services (including any related goods) that they supply to you and not us.
NO GUARANTEE REGARDING THE SUPPLIER'S SERVICE
We do not act as agent for the Supplier and, to the extent permitted by law, we make no representation or warranty, and provide no guarantee, that:
(a) the Supplier will contact you to arrange a booking for the requested goods and/or services;
(b) the Supplier will provide you with the goods and/or services;
(c) the Supplier will provide the goods and/or services at a cost similar to the Generic Cost Approximation (refer to clause 3.1(e));
(d) the goods and/or services supplied by the Supplier will meet your expectations; and
(e) the goods and/or services supplied by the Supplier will be suitable for you or fit for purpose.
You should satisfy yourself through your own enquiries as to the quality or suitability of any Supplier listed on this Site and any goods or services supplied, offered or recommended by or on behalf of a Supplier.
SUPPLIER'S TERMS AND CONDITIONS
The contract created for the Supplier’s goods and/or services is between you and the Supplier. We are not a party to that contract. That contract will be subject to relevant Supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the Supplier’s terms and conditions of supply, including its policies on refunds, returns, cancellations and rescheduling, as applicable, prior to submitting a Booking Request or otherwise contacting the Supplier to arrange goods and/or services.
We encourage Suppliers listed on this Site to act in a fair, honest and reasonable manner, to use only parts that meet or exceed vehicle manufacturer specifications, use suitability trained and qualified technicians to provide the services and/or repairs, and to maintain equipment and training to enable the delivery of quality services. However, we do not hold the benefit of any such undertaking on your behalf.
PAYMENT AND REFUNDS FROM SUPPLIERS
We do not accept any payment from you for the Services.
Any amount to be paid to the Supplier in relation to a Booking Request or the Supplier’s goods and/or services is agreed between you and the Supplier and you are responsible for making such payment directly to the Supplier.
If, pursuant to the terms and conditions of the contract that is formed between you and any Supplier, you are entitled to any refund, the relevant Supplier is solely responsible for providing you with that refund. We do not guarantee the provision of that refund to you and you must take action against the Supplier directly, and not against us, in order to enforce your entitlement to that refund.
DISPUTES BETWEEN USERS AND SUPPLIERS
You are solely responsible for your interactions with Suppliers listed on this Site and we are not a party to any transactions between you and such Suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and Suppliers.
If you believe that the Supplier has failed to provide the goods and/or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may, in our sole and absolute discretion and if we consider it appropriate to do so, take disciplinary action against that Supplier. We will not, however, act on your behalf, or on behalf of any Supplier, in respect of any dispute between you and a Supplier.
USER ACKNOWLEDGEMENTS AND AGREEMENT
You acknowledge and agree that we are not responsible for any damage or loss due to any act or omission of a Supplier in respect of a vehicle provided to a Supplier through your use of this Site, including the Services, and you release us from any damage, loss or liability arising from such a claim and/or dispute with the Supplier, and provide the indemnity in clause 5.3.
You acknowledge and agree that, subject to clause 4.14, and to the extent permitted by law, we do not:
(a) control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any Supplier referred to in this Site or whose identities become known to you through this Site, including by way of content that is published or made available in or through this Site identifying a Supplier;
(b) offer professional advice on the quality or suitability of any goods, services or information supplied by any Suppliers or by any other third party or the nature of any goods and/or services supplied by any Suppliers or by any other third party;
(c) endorse or recommend any Supplier or other third party, or any Supplier or other third party goods and/or services, including where details of the relevant Supplier or other third party are provided by us to you, or through this Site to you, or otherwise become known to you through this Site.
You acknowledge and agree that, to the extent permitted by law, we do not control or warrant to you the merchantability or fitness for any particular purpose of any of the goods and/or services of any Supplier, or any other third party whose identities become known to you through this Site, and that we expressly state as recommending, endorsing or otherwise trusting, and:
(a) such opinions are not to be taken as professional advice on the quality or suitability of any goods and/or services or the nature of any goods or services; and
(b) you must undertake your own investigations as to the quality or suitability of any goods and/or services or the nature of any such goods sand/or services before using any of those services and/or goods.
ARTICLES AND INFORMATION ON THIS SITE
To the fullest extent permitted by law we do not guarantee the accuracy or completeness of any information provided on the Site, or that the information on this Site is up-to-date, including the information provided in articles.
Information provided on the Site, including information provided in articles, are for general informational purposes, any information provided is NOT technical, expert or other advice and is not advice relating to your vehicle.
5 - Restrictions on site use
Your use of this Site, including the Services, is subject to the rules set out in Schedule 1 below and you must not do, participate or otherwise engage in any of the prohibited conduct set out in Schedule 1.
VIOLATIONS OF THESE TERMS
Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:
(a) temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:
(i) you breach any provision of these Terms;
(ii) we are unable to verify or authenticate any information that you provide to us; or
(iii) we believe that your actions may cause damage and/or legal liability to us, any of our customers or Suppliers or any other person; and
(b) remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
You indemnify and hold harmless us and our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis), including without limitation from any third party claim, suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) any inaccurate or incorrect information provided by you when using the Services;
(c) your use of the Services;
(d) any act or omission of the Supplier in respect of a vehicle provided to a Supplier through your use of this Site, including the Services, and any dispute between you and the Supplier;
(e) your unlawful use of the Site and/or use of the Services that infringes on another person’s rights;
(f) your use of, or connection to, this Site; or
(g) your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
6 - Dealings with third parties
This Site allows third parties to advertise goods and/or services to our users and to upload information about their business, the goods and/or services provided by their business, and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
(a) any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
(b) any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
(c) any loss or damage that results from any dealings that you may have with such third parties.
THIRD PARTY GOODS/SERVICES AND WEBSITES
Except where expressly stated on the Site as a good and/or service we recommend, endorse or otherwise trust (which is subject to your acknowledgement and agreement in clause 4.14), we do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this Site or the content of any third party websites.
We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive, or that may be harmful to your computer or pose a security risk for you. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that we do not:
(a) check the truth or currency of any of the material or information that third parties provide or make available through this Site; or
(b) offer professional advice on the quality or suitability of any goods and/or services in any information provided on this Site, including in the articles, whether the information is provided by a third party or by us.
7 - Intellectual property
In these Terms, the term "Proprietary Content" means:
(a) this Site;
(b) all of its content (including all of the text, articles, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
(c) all software, systems and other information owned or used by us in connection with the services offered through this Site (whether hosted on the same server as this Site or otherwise).
All Proprietary Content is our property or the property of our licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with our prior written consent or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trade mark or other proprietary notices.
Our logo and the phrase "Mechanic.com.au" are used as our trade marks. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are our trade marks, service marks and/or trade dress. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.
In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This Site contains some features that may enable you to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
(a) represent and warrant to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
(b) grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, for the purpose of ascertaining whether to remove the alleged infringing material from the Site, where we are reasonably able to do so we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
8 - Australian consumer law
Any limitation of liability in clause 10.1 or clause 10.2 or otherwise provided in these Terms, do not apply if it would restrict, modify or exclude your rights in a way that is not permitted under Australian Consumer Law or any other applicable law. ‘Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.
9 - Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
(a) the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) this Site will meet your requirements or expectations;
(c) anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
(d) the quality of any goods and/or services supplied by the Supplier or otherwise obtained directly or indirectly through this Site or will meet any particular requirements or expectations, is of a particular quality or, is suitable or fit for purpose;
(e) the quality of any information or other material on the Site, or purchased or obtained directly or indirectly through this Site will meet any particular requirements or expectations;
(f) errors or defects will be corrected; or
(g) this Site or the servers that make it available are free of viruses or other harmful components.
10 - Limitation of liability
EXCLUSION OF LIABILITY
To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site, including the Services, by you or any other person, including, without limiting the foregoing:
(a) in respect of the goods and/or services provided by a Supplier or the quality or suitability of any goods and/or services provided by the Supplier, fitness for purpose of the goods and/or services provided by the Supplier or the nature of any goods and/or services provided by the Supplier;
(b) in respect of the quality, suitability, fitness for purpose or nature of any goods and/or services identified on this Site or set out in any information provided on this Site in any form whatsoever.
To the maximum extent permitted by law, we our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit our liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
(a) in the case of goods, to any of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
You agree that your use of this Site, including the Services, is at your own discretion and risk. To the maximum extent permitted by law, you agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site, including the Services, by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
11 - General
In these Terms, the following rules of interpretation apply:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
(b) these Terms may not be construed adversely against us solely because we prepared them;
(c) the singular includes the plural and vice-versa;
(d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity;
(e) a reference to “Site” includes Services;
(f) a reference to “Supplier’s Services” includes any vehicle maintenance, repair, modification and/or services and associated goods that you obtain from the Supplier whether as a result of making a Booking Request through the Site or otherwise;
(g) a reference to “third party” includes a Supplier; and
(h) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
To the maximum extent permitted by law, and without limiting any other provision of these Terms, we exclude liability for any delay in performing any of our obligations under these Terms where such delay is caused by circumstances beyond our reasonable control (including without limitation as a result of any strike, war, terrorist attack, trade dispute, fire, flood, tempest, theft, epidemic, pandemic or breakdown in machinery of any kind, disruption to electricity (or any other utility), or breakdown or disruption of any electronic communication support system), and we shall be entitled to a reasonable extension of time for the performance of such obligations.
We may provide any notification for the purposes of these Terms by email.
Except as specifically provided in these Terms, each party must bear their own costs associated with these Terms.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without our prior written consent.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms at any time without notice to you.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be read down or removed and the remaining provisions shall be enforced.
We reserve the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the services offered through this Site.
You may only vary or amend these Terms by written agreement with us.
Subject to these Terms, these Terms constitute the entire agreement between the parties with respect to the use of this Site and the Services. All prior negotiations, proposals and correspondence are superseded by these Terms.
GOVERNING LAW AND JURISDICTION
These Terms will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.
Schedule 1 - Prohibited Conduct
YOU MUST NOT:
(a) use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
(b) engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
(c) use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
(d) use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
(e) use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
(f) use this Site by any automated means;
(g) use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
(h) access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
(i) interfere with the display of any advertisements appearing on or in connection with this Site;
(j) reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
(k) reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
(l) falsely imply that any other website is associated with this Site;
(m) do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in this Site;
(n) use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
(o) release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without our prior written consent; or
(p) use this Site to transmit any information or material that is, or may reasonably be considered to be:
(i) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
(ii) libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
(iii) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
(iv) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
(v) in breach of any person’s privacy or publicity rights;
(vi) a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
(vii) in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
(viii) containing any political campaigning material, advertisements or solicitations; or
(ix) likely to bring us or any of our officers, employees, agents, consultants, licensors, partners and affiliates into disrepute.
Autoexpert Consulting Group Pty Ltd trading as “Mechanic Community Australia”(ABN 18 166 747 726) and its related bodies corporate (we, our or us) are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Act), the Australian Privacy Principals (APP).
This policy details how we collect, disclose and handle your personal and credit information. By providing us with personal information, you agree to the terms of this policy and any privacy notice and privacy consent provided at the point of collection.
This policy applies to persons using our mechanic community services (Mechanic Community), persons using our mechanic directory services to locate vehicle service and/or repair suppliers, and persons using this website.
Personal information is defined under the Act as information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not. Sensitive information is a type of personal information that includes health information, information or an opinion which indicates racial or ethnic origin, membership of a trade union, profession or trade association, political or philosophical opinions, or criminal record.
For the purpose of this policy, personal information may include, but is not limited to the following:
- name, address and contact details;
- previous addresses;
- business information;
- profession, position and skills;
- current and last known employer, and employment history
- information in identification documents (e.g. driver’s licence);
- date of birth and gender;
- bank account details;
- transaction history, for example the purchase and payment of goods and/or services;
- your use of the website and our services;
- vehicle details, including vehicle registration;
- feedback and responses to surveys and/or promotions;
- changes to content or preferences; and
- information provided on our website, or during communication with us or with a third party through our website.
Collecting, holding and using information
Personal information may be collected from you directly whenever it is reasonable and practical to do so. There are a number of ways that we may collect personal and credit information, including:
- by email, telephone or other communication;
- in person;
- in writing;
- when you visit our website;
- when you submit an application, submit an online vehicle service and/or repair contact form to a third party supplier through this website, or otherwise use our services;
- in the course of supplying goods or services to you; or
- when you contribute to any forum, to a chat room, to any other elements of this website that permits user generated content, or provide a review or testimonial.
If you provide us with personal information about another person, you must only do so with their consent and you warrant that the other person is aware of this policy and any applicable privacy notice or privacy consent.
We collect, hold and use personal information so that we can:
- identify you and conduct necessary checks;
- sell and/or deliver our goods or services to you;
- issue, manage and administer goods or services provided to you;
- improve our goods or services;
- facilitate searches to locate vehicle service and/or repair suppliers;
- facilitate vehicle type identification;
- manage your marketing preferences;
- send to you or provide you with marketing material, which may include third party goods and/or services, including advertisements, polls, surveys, competitions and promotions;
- conduct market research;
- promote our business, including by advertising;
- for our Mechanic Community, send you information about available work positions;
- for our Mechanic Community, to enable you to apply for available work positions;
- in relation to information provided by our Mechanic Community, create articles regarding vehicle issues, solutions, goods and services;
- provide you with articles regarding vehicles;
- deal with complaints and address violations of terms and policies;
- assess applications;
- keep a customer record;
- register a security interest (where applicable); and
- comply with our legal obligations.
If you do not provide us with your personal information we may not be able to provide you with our goods or services. It may also affect your use of the website.
If we receive unsolicited personal information and we do not consider the personal information is reasonably necessary for, or directly related to, one or more of our functions or activities, then we will delete or destroy the personal information if it is lawful to do so.
We may disclose your personal information to our employees, officers, related bodies corporate and third parties as far as reasonably necessary for the purposes set out above. The third parties to whom we may disclose your personal information include:
- third parties to whom you submit an online vehicle service and/or repair contact form to through our website;
- for our Mechanic Community, if you receive a work position description email and invitation to apply, and you apply for the position, your resume as entered into our website will be sent to the third party business offering the work position;
- manufacturers, suppliers, and contractors used by us, including market research and marketing service providers;
- insurers, assessors, and underwriters;
- professional advisors and consultants (such as lawyers, accountants, and auditors);
- debt collectors;
- potential business purchasers under confidentiality agreement;
- your potential/actual guarantors and security providers;
- government and regulatory authorities, as required by law and/or in the course of providing our goods and services to you;
- website hosts; and
- third party service providers to whom we outsource some of our functions.
We may also disclose your personal information to a third party where authorised by you or permitted/required to do so by law.
Website, cookies, web analytics and social media
When you visit our website we may collect certain information such as server address, browser type, operating system, website visited immediately before coming to our site, the pages you accessed on the website, how long you visited, the date and time you visited, your geographical location and type of device used. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
We may also use ‘cookies’. A cookie is a small file our website places on your computer so that it can remember your preferences and improves your experience of our website. You can block placement of cookies in your browser settings. You can also clear cookies from your browser. If you do this, some parts of our website might not work as well.
Our website uses Google Analytics which collects information about the use of the website and traffic to the website. We use Google Analytics to promote our goods and services, including by allowing us to provide advertising to you on websites not owned by us. You can choose to opt-out of Google Analytics collecting and using your data by downloading the Google Analytics Opt-out Browser Add-on.
Marketing and advertising
We may collect hold and use your personal information to provide you with marketing material and advertise on our website or third party websites. Such marketing material and advertising may:
- promote our goods and services; and/or
- promote third party goods and/or services, for example in relation to mechanics listed in the mechanic directory on our website, and vehicle related products, goods, parts, accessories and services, including third party business names and branding.
You may opt out of receiving marketing materials from us by contacting us (contact information is provided at the end of this policy), or using an available ‘unsubscribe’ function.
We may disclose your personal information to third party contractors or service providers to whom we outsource marketing or advertising functions.
We may use advertising you place on our website as an example in our marketing material to promote our goods and/or services, however we will only do so with your consent.
Testimonials and reviews
If you provide a testimonial, which may include your personal information, we may use the testimonial in our marketing material to promote our goods and/or services, however we will only do so with your consent.
If you provide us with a testimonial or review, which may contain your personal information, you can remove the review or testimonial. Where you are unable to remove the review of testimonial yourself, you can request that we remove the testimonial or review by contacting us (contact information is provided at the end of this policy).
We may use information placed on this website by using any forum, chat room, to any other elements of this website that permits user generated content, including, vehicle type, make and/or model, types of parts, faults information (including fault code and/or descriptions) and image attachments, to create articles that may be posted on the website and/or distributed. If any personal information is included in the article we will only do so with your consent.
Disclosure to overseas recipients
With the exception of members of the Mechanic Community located in New Zealand using our goods and services, who may access your personal information through your use of the website, we do not disclose your personal information to overseas recipients.
Although our Mechanic Community services are provided to mechanics in Australia and New Zealand, and our mechanic directory services to locate vehicle service and/or repair suppliers are provided only for users located in Australia, personal information and other information on the website, including information provided on the mechanic directory to locate vehicle service and/or repair suppliers and any information you contribute to the website, may be accessible to persons located overseas.
Keeping your information secure
We are committed to ensuring that your personal information is secure – both in electronic and hard copy forms.
We take reasonable steps to keep personal information safe and secure. Most of your personal information is securely and safely stored in our electronic database, where we have hard copies we take reasonable steps to keep these safe and secure. Our employees are required to comply with confidentiality obligations and this policy.
Where we disclose personal information to third parties we will take reasonable steps to ensure that they comply with the Act, including the Australian Privacy Principals, and this policy, including where the recipient is located overseas (unless the overseas recipient is subject to a binding legislative regime that is as effective as, or substantially similar to, the Australian privacy regime).
Finally, we take reasonable steps to destroy or permanently de-identify personal information in a secure manner when it is no longer required.
Changes to this policy
Please be aware that we may amend, vary, modify this policy at any time in our sole discretion and all changes will be effective immediately upon our posting an updated version on our website.
How we deal with requests and complaints
You can access and correct personal information we hold about you in certain circumstances. You can also contact us if you have any questions about how we handle your personal information, or if you wish to make a complaint.
You may not identify yourself or use a pseudonym when contacting us, however, we may not be able to assist you with your enquiry.
To protect your privacy and the privacy of others, you will need to provide evidence of your identity before we grant you access to information.
You can contact us by email or write to us at the postal address below. We will get back to you within 30 days.
If you are not satisfied with the response we provide, you may contact the Office of the Australian Information Commissioner with you query or complaint.