Welcome to Mobile Panel Shop Melbourne
These terms and conditions outline the rules and regulations for the use of Mobile Panel Shop Melbourne’s Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Mobile Panel Shop Melbourne’s website
if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of . Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Most of the modern day interactive web sites
to enable the functionality of this area and ease of use for those people visiting. Some of our
Unless otherwise stated, Mobile Panel Shop Melbourne and/or it’s licensors own the intellectual property rights for
all material on Mobile Panel Shop Melbourne. All intellectual property rights are reserved. You may view and/or print
pages from http://www.mobilepanelshopmelbourne.com.au for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.mobilepanelshopmelbourne.com.au
- Sell, rent or sub-license material from http://www.mobilepanelshopmelbourne.com.au
- Reproduce, duplicate or copy material from http://www.mobilepanelshopmelbourne.com.au
Redistribute content from Mobile Panel Shop Melbourne (unless content is specifically made for redistribution).
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long
as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and (c) fits within the context of the linking
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.
No use of Mobile Panel Shop Melbourne’s logo or other artwork will be allowed for linking absent a trademark license
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
Mobile Panel Shop Melbourne means Mobile Panel Shop Melbourne Pty Ltd (ACN 619 605 471) of 30 Alma Street, Paddington, NSW 2021.
Information means all information, content, documents, material, data, files, pictures, images, graphics, audio, text, comments, reviews, ratings and any other information in any form displayed or uploaded on the Platform, whether by Mobile Panel Shop Melbourne, Users, Suppliers or any third-party.
Job means an advertised repair job of a damaged vehicle submitted by a User on the Platform for consideration, quotation and tendering by Suppliers. The Job should contain all of the necessary information about the damaged vehicle including a description and images.
Loss means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, liability or award of damages and includes legal costs on an indemnity basis and indirect, incidental or consequential loss.
Platform means the Mobile Panel Shop Melbourne’s website, mobile website, mobile application (app), any associated or inter-Platform communications (e.g. emails, internal messages etc.) and any software relating to the foregoing, and any hypertext links linking to external sites (if any), from which the Services are provided by Mobile Panel Shop Melbourne. The Platform is owned, controlled, managed, maintained and hosted by Mobile Panel Shop Melbourne.
Services means the services provided by Mobile Panel Shop Melbourne, specifically providing an online marketplace for the purpose of facilitating introductions and interactions between Users and Suppliers for various products and services (including Repair Services) that are from time to time made available by Suppliers and Mobile Panel Shop Melbourne on the Platform, and which can be booked by Users in accordance with this Agreement.
Supplier means, when differentiated from a User, any provider of Repair Services, insurances or other related products or services that are from time to time available on the Platform.
Supplier Proposal means the Supplier/Panel Beater Proposal between Mobile Panel Shop Melbourne and the Supplier that is negotiated, accepted and signed by the Supplier.
Registration means the electronic application to access and use the Platform and the Services completed by Users and Suppliers. Registration will only have been completed when an electronic box is ‘checked’ agreeing to these Terms and Conditions.
Repair Services means the products and/or services (e.g. panel beating, windscreen repair, part replacement, wheel repair, paint work etc.) offered by Suppliers on the Platform.
User or you means any individual, company, organisation or business that is accessing and using the Platform for any reason including in order to submit Jobs and search and book products or services (including Repair Services).
User Guide means any information or guidelines provided or published by Mobile Panel Shop Melbourne from time to time in relation to the Platform or the Services, including instructions or guidance or in the form of frequently asked questions (FAQ) on the Platform.
In this Agreement:
Gender. Words importing any gender include the other genders.
Headings. Headings will be ignored in construing this document.
Inclusive Terms. Use of inclusive terms such as “includes” or “including” will be read as “includes, without limitation” or “including, without limitation”.
Numbers. Words importing the singular include the plural and vice versa.
Persons. References to persons include corporations.
Writing. References to writing include any mode of representing or reproducing words in visible form, and include email transmissions and electronic messaging.2. Scope of the ServicesFrom the date that Mobile Panel Shop Melbourne accepts the User’s or Supplier’s Registration, Mobile Panel Shop Melbourne will provide the Services, subject to this Agreement.
Mobile Panel Shop Melbourne provides the Services via the Platform through which Users can submit Jobs, Suppliers can quote and tender for Jobs, Suppliers can promote and provide information about their Repair Services to Users, and Users can book Repair Services with Suppliers. By using the Platform, Users and Suppliers acknowledge, accept and agree that Mobile Panel Shop Melbourne acts solely as an intermediary between Users and Suppliers, and Mobile Panel Shop Melbourne is wholly excluded from and in no way a party to any contract or contractual relationship that may arise or come into existence between Users and Suppliers. Additionally, Users and Suppliers agree that they use the Platform at their own risk.3. General TermsThe Services are made available for personal and non-commercial use only. During the term of this Agreement, Users and Suppliers must:
- comply with the User Guide and all reasonable directions from Mobile Panel Shop Melbourne;
- comply with all state and federal laws and regulations applicable to the Platform and the Services;
- not use the Platform, or permit the Platform to be used (whether directly or indirectly), in any way that:
- commits, or encourages or causes to be committed by any person, any offence or unlawful act or omission; and
- is discriminatory, offensive, hateful, harmful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
- is pornographic, sexually explicit, obscene or excessively profane;
- is fraudulent, false, misleading or deceptive; or
- infringes, or encourages the infringement of, a third party’s rights, including intellectual property, confidentiality or privacy rights;
- not infringe Mobile Panel Shop Melbourne’s intellectual property rights;
- not use the Platform, or any of Mobile Panel Shop Melbourne’s intellectual property (including trademarks, logo, brands etc.) in any way that represents or implies an endorsement or association;
- not resell, deep-link, use, copy, monitor (e.g. spider, scrape etc.), display, download or reproduce any Information, software, bookings, tickets, products or services available on the Platform for any commercial or competitive activity or purpose;
- not decompile, reverse engineer or disassemble the Platform, or otherwise attempt to derive the source code for the Platform;
- not copy or modify the Platform, create derivative works based on the Platform, or use the Platform to develop any product or service which has the same or similar primary function as the Platform; and
- not provide, resell or white label the Service (or any part of it) to any other person, whether or not as part of any other service.
- Information Displayed on the PlatformMobile Panel Shop Melbourne endeavours to display timely, suitable, accurate, complete and correct Information on the Platform. However, Mobile Panel Shop Melbourne does not represent or warrant the timeliness, suitability, accuracy, completeness or correctness of any Information displayed on the Platform and Mobile Panel Shop Melbourne is not responsible or liable for any Loss suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of:
- any error, omission or imperfection in any Information (including manifest and typographical errors);
- the deletion or failure to properly store any Information;
- any invalid, illegal, misleading or inaccurate Information;
- the non-delivery or untimely delivery of Information;
- any unfavorable, negative, dishonest, discriminatory, offensive, harmful, defamatory, abusive, malicious, or otherwise objectionable comment, review or rating submitted by any Users; or
- the uploading, downloading, accessing, editing or removing of any Information on the Platform.
Without limiting the above, Mobile Panel Shop Melbourne reserves the right to edit, remove or delete any Information displayed on the Platform at its discretion.
All general Information displayed on the Platform by Mobile Panel Shop Melbourne is general in nature and does not constitute professional, technical or any other form of advice.
All Information displayed on the Platform relating to any Supplier including all information relating to Repair Services and the Supplier’s credentials (e.g. Motor Vehicle Repair Licenses, Insurance certificates etc.) derives entirely from Information uploaded by that Suppliers on the Platform (Supplier Information). Suppliers are solely responsible for the legality, validity, accuracy, completeness and correctness of any Supplier Information uploaded on the Platform by them. Mobile Panel Shop Melbourne does not verify and does not guarantee the legality, validity, accuracy, completeness or correctness of any Supplier Information. Nothing on the Platform (including Suppler Information) constitutes or should be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of Suppliers (or their Repair Services, facilities, venue etc.).
Users and Suppliers hereby grant to Mobile Panel Shop Melbourne (and warrant that they have the right and authority to grant to Mobile Panel Shop Melbourne) a perpetual, irrevocable, non-exclusive, transferable and payment-free licence throughout the world to reproduce, use, disclose, copy, modify, sublicense, adapt, develop and otherwise exploit all Information provided to Mobile Panel Shop Melbourne or uploaded on the Platform.
Mobile Panel Shop Melbourne strongly advises Users and Suppliers to make their own enquiries and do their own investigations in relation to all Information. Users may inspect any documents uploaded on the Platform by Suppliers on request.
Mobile Panel Shop Melbourne will endeavour to take all reasonable steps to protect Information provided to it or uploaded or displayed on the Platform by Users, Suppliers and third parties. However, Mobile Panel Shop Melbourne does not guarantee the protection or security of any Information uploaded on the Platform or transmitted via the internet and such Information is sent at the transmitter’s own risk. Mobile Panel Shop Melbourne is not responsible or liable for any loss of Information or unauthorized use of or access to Information for any reason (including access arising from the transmission of public data networks or when using third party networks and systems).5. Using the PlatformMobile Panel Shop Melbourne will endeavour to ensure that the Platform is running and the Services provided without issue (including undertaking regular maintenance), however Mobile Panel Shop Melbourne does not guarantee that the running of Platform and the provision of Services will be continuous and fault free. If Mobile Panel Shop Melbourne becomes aware of any fault or failure, then Mobile Panel Shop Melbourne will endeavour to promptly address such fault or failure. Mobile Panel Shop Melbourne is not responsible or liable for any Loss suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of any fault, interruption, discontinuance, malfunction or failure in the running or functionality of the Platform or provision of the Services due to any cause (known or unknown) including any act or omission of Mobile Panel Shop Melbourne or event outside of Mobile Panel Shop Melbourne’s reasonable control or by reason of any breakdown (temporary and/or partial), repair, upgrade or maintenance of the Platform or otherwise.
Mobile Panel Shop Melbourne does not guarantee that the Platform or any Information or programs downloaded from the Platform (or any associated or linked online service) or uploaded or displayed via the Platform are free from viruses or other harmful components that could cause Loss to or interfere with external data, hardware or software. Mobile Panel Shop Melbourne is not responsible or liable for any Loss or interference suffered or incurred at any time by Users, Suppliers or any third party as a result of or arising in any way out of the operation or use of the Platform including due to exposure to any malicious code or other actions, computer virus, malfunction, malware or spyware injection, Structured Query Language (SQL) injections, defects in software, computer intruding, corruption, hacking, interference with telecom providers, DDOS attacks, other types of cyber-attacks or forms of computer crime, errors or abuse by other Users or Suppliers and any other analogous event.
Mobile Panel Shop Melbourne is not responsible or liable for any act, omission, error or negligence of any other third party users of the Platform.
Mobile Panel Shop Melbourne provides the Services free of charge to Users. Users warrant that they will use the Platform, the Services and interact with Mobile Panel Shop Melbourne, Suppliers and any third party in accordance with the state and federal laws and regulations of Australia.
Users acknowledge, accept and agree that:
- Mobile Panel Shop Melbourne is not an agent or partner of any of the Suppliers;
- Mobile Panel Shop Melbourne cannot be held responsible for any act, omission, error or negligence of any Supplier or any matters relating to the Repair Services provided by any Supplier including the quality of Repair Services and whether Repair Services are successfully delivered, have failed to be delivered, are delayed, defective or otherwise;
- Mobile Panel Shop Melbourne cannot be held responsible for any misquoting, inaccuracy or errors in quotes, changes to quotes or withdrawal of quotes by the Suppliers in relation to any Job;
- they are solely responsible and liable for their (and any person acting on their behalf’s) use of the Platform and any interactions with Mobile Panel Shop Melbourne, the Suppliers and any third party, including in relation to submitting a Job, reviewing and selecting any Supplier’s quote, booking Repair Services, paying any Supplier and all other matters relating to the transaction between Users and Suppliers;
- Mobile Panel Shop Melbourne is not a party to any contract or contractual relationship which comes into existence or any agreement or dispute between Suppliers and Users; and
- Mobile Panel Shop Melbourne is not responsible or liable for any Loss suffered or incurred at any time by Users, or any third party as a result of or arising in any way out of points (1) to (5) immediately above.
Mobile Panel Shop Melbourne will not make recommendations about any Supplier nor prescribe to Users the method of choice of any Supplier. At the time of submitting a Job on the Platform and prior to booking Repair Services, Users should undertake their own investigations, enquiries and searches to ascertain the credibility and suitability of a Supplier to provide the Repair Services. Users are responsible for reading and understanding the terms and conditions of a Supplier before booking Repair Services with that Supplier.
Users agree to adhere to acceptable standards of behaviour whilst using the Platform. Users will not post dishonest or illegitimate reviews as this is against the law. Failure to adhere to any of the above might result in a warning or termination from using the Platform.
Users acknowledge and accept that quotes provided by Suppliers on the Platform are an estimate and indicative only. This is due to a number of reasons including without limitation, Users’ errors when submitting a Job (i.e. errors in the Information, description or images), non-visible damage to a vehicle etc.8. For SuppliersBy completing Registration and using the Platform and the Services, Suppliers unconditionally accept to be bound by this Agreement.
Suppliers represent and warrant that:
- they are authorised to provide their Supplier Information to Mobile Panel Shop Melbourne and/or directly upload on the Platform; and
- all Supplier Information provided to Mobile Panel Shop Melbourne and/or uploaded on the Platform is not discriminatory, defamatory, offensive, dishonest or misleading, does not infringe on any intellectual property rights of any third party, and does not infringe on any state and federal laws and regulations of Australia;
- they will perform all Repair Services in accordance with legislative, industry and professional standards and the state and federal laws and regulations of Australia;
- they have taken out and will maintain all required insurances, approvals and licences as required by the state and federal laws and regulations of Australia;
- will not engage in any criminal activity; and
- they will not use other means to locate Users’ information without paying the Service Fee set out below.
Suppliers acknowledge, accept and agree that:
- they are solely responsible and liable for their own (and for any person acting on their behalf’s) use of the Platform and any interactions with Mobile Panel Shop Melbourne, Users and any third party, including in relation to quoting Jobs, promoting Repair Services, providing Repair Services and for collecting payment for the Repair Services;
- Mobile Panel Shop Melbourne plays no role (neither active or inactive) in the method of selection by the Users of a quote and Mobile Panel Shop Melbourne does not guarantee that Users will select the lowest priced or best quote;
- Mobile Panel Shop Melbourne is not responsible for the accuracy, completeness, correctness, reliability or timeliness of the Information provided by a User when posting a Job;
- Mobile Panel Shop Melbourne is not a party to any contract or contractual relationship which comes into existence, any agreement or any dispute between Suppliers and Users; and
- Mobile Panel Shop Melbourne is not responsible or liable for any Loss suffered or incurred at any time by Suppliers or any third party as a result of or arising in any way out of points (1) to (4) immediately above.
Suppliers have no authority to make representations on behalf of Mobile Panel Shop Melbourne or bind Mobile Panel Shop Melbourne in any way.
Suppliers must pay Mobile Panel Shop Melbourne a service fee (Service Fee), as set out below:
- The Service Fee is payable in respect of each Job booked through the Platform, whereby the Supplier provides the Repair Services, the User pays that Supplier for the Repair Services and the transaction is complete.
- The Service Fee is an amount equal to an agreed percentage (%) of the total invoice amount exclusive of GST of the Repair Services.
- The Service Fee is exclusive of GST and the Supplier must pay the corresponding applicable amount of GST at the same time as the Supplier pays the Service Fee.
- The Service Fee becomes payable immediately after the Supplier has completed the Repair Services (regardless of whether there have been any variations to the Repair Services, including changes from the original quoted amount or scope of work of the Repair Services).
- Thereafter, Mobile Panel Shop Melbourne will issue the Supplier with a tax invoice.
- The Supplier must pay any tax invoice within fourteen (14) days of issue regardless of whether the amount is disputed and without deduction, set-off or delay.
- If the Supplier does not make a payment when due, then the amount unpaid will bear interest at a rate of 2% per month, compounded monthly.
- The Service Fee percentage might change from time to time. Other fees or charges might be charged or introduced from time to time, but will be communicated to the Supplier in advance.
Mobile Panel Shop Melbourne takes breaches very seriously and failure to adhere to this Agreement (including prompt payment of the Service Fee) may result in a warning or immediate termination as set out in clause 9 below.9. Duration and Termination of AgreementFrom the date Mobile Panel Shop Melbourne accepts the User’s and Supplier’s Registration, this Agreement commences and continues for an indefinite period until terminated in accordance with this clause 9.
When a User submits a Job on the Platform, the Job will stay active on the Platform for fourteen (14) days allowing Suppliers to quote and tender for the Job. At any point during this period, Users may withdraw the Job from the Platform. In circumstances where a User has accepted a quote and booked the Repair Services of a Supplier, the Job will automatically be removed from the Platform. Additionally, if the said fourteen (14) day period elapses without any of the above actions occurring, the Job will automatically be removed from the Platform and the User will have to resubmit the Job again.
If Users or Suppliers do not comply with this Agreement, or if in the opinion of Mobile Panel Shop Melbourne there has been serious breach of this Agreement or serious misconduct (e.g. gross negligence, abuse of the Platform, illegal conduct, incorrect statement of damage, fraud etc.), Mobile Panel Shop Melbourne reserves the right, without prior notice effective immediately, to:
- deny or alter access to the Platform (or any related functionality) and/or the Services;
- suspend this Agreement; or
- terminate this Agreement.
Mobile Panel Shop Melbourne is not responsible or liable for any Loss suffered or incurred at any time by Users or Suppliers as a result of or arising in any way out of the suspension or termination of this Agreement or the denial or altering of access to the Platform and/or the Services.
The termination of this Agreement will not affect the accrued rights and remedies of Mobile Panel Shop Melbourne as at the date of termination. Clauses 9, 12 and 13 will survive the termination of this Agreement, as will any other provision that by its nature is intended to survive termination.10. Managing the Platform and Changes to the Platform and the ServicesMobile Panel Shop Melbourne reserves the right to control, manage, modify and maintain the Platform in its sole discretion and without prior written notice, including in relation to:
- determining what Information can and cannot be uploaded on the Platform and how that Information is presented;
- the Platform’s functionality;
- revising, amending, modifying or deleting Information on any part of the Platform;
- terminating or restricting access to the Platform (or parts thereof); and
- modifying, suspending or cancelling any of the online services provided via the Platform.
Mobile Panel Shop Melbourne may change the Services from time to time (including by making additions or deletions) without prior written notice. Mobile Panel Shop Melbourne does not ordinarily intend to reduce the functionality of the Services as a result of any change, but may do so. Mobile Panel Shop Melbourne may make any corresponding change to the User Guide either before or after the change in functionality takes effect.11. Dispute ResolutionAll questions or disputes relating to this Agreement, the Platform, the Services and the Service Fee should be submitted to Mobile Panel Shop Melbourne directly (help@Mobile Panel Shop Melbourne.com.au). Mobile Panel Shop Melbourne will endeavour to answer any questions and resolve any disputes expeditiously.
Users acknowledge that any complaints, enquiries or disputes from Users in relation to a Repair Service provided by any Supplier will be directed to that Supplier in question. Similarly, any complaints, enquiries or disputes from Suppliers about Users will be directed to the User in question. Mobile Panel Shop Melbourne may, at its sole discretion, assist in dispute resolution between Users and Suppliers.12. Warranty, Limitation of Liability and IndemnityMobile Panel Shop Melbourne will operate the Platform and provide the Services with due care and skill. Otherwise, to the maximum extent permitted by law, and except as expressly provided in this Agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Platform, the Services or this Agreement are excluded.
Without limiting the next paragraph, and to the maximum extent permitted by law, any liability of Mobile Panel Shop Melbourne in connection with the Platform, the Services or this Agreement:
- under any condition or warranty that by law cannot be excluded;
- under any consumer guarantee or other right under any law; or
- on any other basis (including contract or negligence),
is limited at Mobile Panel Shop Melbourne’s option to the replacement, repair or resupply of the relevant goods or services or the payment of the cost of same.
To the maximum extent permitted by law, all liability of Mobile Panel Shop Melbourne is excluded in respect of any indirect, incidental or consequential Loss (including loss of profits or revenue or business connections) suffered or incurred by Users or Suppliers, in relation to the Platform, the Services or otherwise under or in connection with this Agreement.
To the maximum extent permitted by law, each User and Supplier hereby indemnifies and must keep indemnified Mobile Panel Shop Melbourne and its respective officers, employees and agents (those indemnified) from and against any and all Losses suffered or incurred by any of those indemnified arising from or related to:
- any breach of this Agreement by that User or Supplier;
- any act, omission, default or negligence of that User or Supplier;
- any claim, demand, suit, action or proceeding by any person against any of those indemnified arising out of that User or Supplier’s use of the Platform or the Services;
- the provision of Repair Services;
- any disputes with a User and/or Supplier (as the case may be); and
- any matters relating to Information supplied to Mobile Panel Shop Melbourne and/or uploaded on the Platform.
This indemnity may be enforced by Mobile Panel Shop Melbourne before and without incurring any expense or making any payment to any person.13. Intellectual Property RightsUnless stated otherwise, the software required for the Services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Mobile Panel Shop Melbourne, its suppliers or providers.
Mobile Panel Shop Melbourne exclusively retains ownership of all rights, title and interest in and to (including all intellectual property rights) the Platform on which the Services are made available and Users and Suppliers are not entitled to use any such intellectual property without Mobile Panel Shop Melbourne’s prior written consent. To the extent that Users and Suppliers own any intellectual property rights in the Platform, those Users and Suppliers hereby assign and transfer all such intellectual property rights to Mobile Panel Shop Melbourne. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of Mobile Panel Shop Melbourne’s intellectual property rights.
‘Mobile Panel Shop Melbourne’ and ‘Mobile Panel Shop Melbourne.com.au’ are trademarks, business/trade names and domain names belonging to Mobile Panel Shop Melbourne. Any use of these trademarks, business/trade names and domain names without Mobile Panel Shop Melbourne’s prior written consent is expressly prohibited. Third party trademarks may appear on the Platform and all rights therein are reserved by the registered owners of those trademarks.14. Registration and NoticesAs part of the process of completing the Registration, Users and Suppliers must provide a current email address and any other contact details that Mobile Panel Shop Melbourne request for Registration.
Any notice or other written communication sent by Users and Suppliers under or in connection with this Agreement must be sent by email to help@Mobile Panel Shop Melbourne.com.au. Mobile Panel Shop Melbourne may send Users and Suppliers notices or other written communications via the Platform, by SMS/MMS or by email to an email address provided by them during the Registration. Each party must ensure that at all times their contact details (including email addresses) are correct and current.
An email will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives a manual or automated response indicating that it was not delivered successfully.
- MISCELLANEOUSThis Agreement is to be construed according to, and is governed by, the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under this Agreement.
Neither Mobile Panel Shop Melbourne, Users nor Suppliers may transfer or assign its rights or obligations under this Agreement to any other person, except in the case of an assignment or transfer by Mobile Panel Shop Melbourne as part of the sale of all or a substantial part of the business or a corporate restructure by Mobile Panel Shop Melbourne. Mobile Panel Shop Melbourne may subcontract its obligations under this Agreement.
This Agreement constitutes the entire agreement between Mobile Panel Shop Melbourne and Users and Suppliers in relation to its subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in this Agreement or incorporated by reference.
Mobile Panel Shop Melbourne may update these Terms and Conditions by providing 48 hours’ notice to Users and Suppliers. Any updates will take effect immediately on the time and date specified in the said notice.
Except for Mobile Panel Shop Melbourne’s right to update the Terms and Conditions in the paragraph immediately above, this Agreement may only be varied, amended or extended by written agreement signed by the relevant parties or by written agreement evidenced by email exchange between the relevant parties.
We warrant Our Services to You against defective materials and
workmanship for the period of your ownership of the Vehicle. We will
make good any defective or faulty workmanship if the defect or damage
is attributable to faulty workmanship by us.
b) Subject to any contrary provision in the Australian Consumer Law:
i. We are only liable to make good faulty workmanship attributable to
Our Services and You agree that We are not required to make good
the faulty workmanship performed by third parties;
ii. We are not liable for any alleged Loss in value of the Vehicle or
other consequential damage or Loss as a result of any alleged
faulty workmanship and You agree not to make any such claim;
iii. We are not liable to rectify or repair any damage or deterioration in
the general condition of the Vehicle as a result of normal aging or
usage wear and tear or exposure to the elements and you agree
not to make any such claim; and
iv. We are not liable to rectify or repair subsequent damage or
deterioration to any particular repair that We have made which is
as a result of normal aging or usage wear and tear or through
exposure to the elements or as a result of further damage being
sustained to the repaired section of the Vehicle.
c) This warranty will be void if You fail to comply with these terms and
d) If You wish to make a warranty claim, please contact Us using the
details set out below, and provide Your name, contact details, Vehicle
details, invoice number and a brief description of Your claim.
e) You must bear the cost of claiming under this warranty. We have no
other liability under this warranty, including liability for any loss of Your
time or Vehicle use, or for any rental vehicle or transport costs.
You indemnify Us against all Loss and liability We suffer or incur
(either directly or indirectly) in connection with Your breach of these
terms and conditions or any other act or omission by You, or any
amounts incurred or expended by Us in exercising or enforcing Our
rights under these terms and conditions.
8. Exclusions and limitation of liability
a) We only accept liability to You in connection with the supply of Goods
and Services to the extent expressly provided in these terms and
conditions. We exclude any other liability We might otherwise have to
You (whether based in contract, tort (including negligence), statute or
b) We accept liability to You under the Competition and Consumer Act
2010 (Cth) and other laws, to the extent not to do so would be illegal,
or would make any part of these terms and conditions void or
unenforceable. If We are liable for any non-excludable conditions,
warranties or guarantees, and where permitted by law to do so, Our
liability is limited to (at Our option) repairing or replacing the relevant
Goods, resupplying the relevant or equivalent Services or, in either
case, paying for the cost of doing so.
c) Our maximum liability to You for any Loss or liability You or any other
person may suffer or incur in connection with the supply by Us to You
of any Goods or Services (whether based in contract, tort (including
negligence), statute or otherwise) is, to the extent permitted by law,
limited to a maximum amount equal to the amount You have paid to Us
for the relevant Goods or Services pursuant to these terms and
a) These terms and conditions are governed by the laws of Victoria and
You irrevocably submit to the jurisdiction of the courts exercising
jurisdiction in Victoria.
b) Failure by Us to enforce any of our rights under these terms and
conditions does not constitute waiver of any of Our rights or Your
obligations unless We agree in writing.
c) The rights and remedies provided in these terms and conditions are
cumulative with and not exclusive of the rights and remedies provided
by law independently of these terms and conditions.
d) You may not assign or transfer any of Your rights or obligations under
these terms and conditions. We may assign our rights and obligations
without Your consent.
e) If a provision of these terms and conditions is void, voidable or
unenforceable, it will be severed and the remainder of the terms and
conditions will not be affected.
f) Our Goods and Services come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any
other reasonably foreseeable loss or damage. You are also entitled to
have the Goods repaired or replaced if the Goods fail to be of
acceptable quality and the failure does not amount to a major failure