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Effective Date: [Insert Date]

These Terms and Conditions (“Terms”) govern your use of Marvelor Repairs Assist (“Repairs Assist”). By accessing or using Repairs Assist at www.repairsassist.com, you agree to be bound by these Terms. These Terms may be updated from time to time without notice.

In these Terms:

  • “Marvelor”, “we”, “us”, or “our” means Marvelor Group Pty Ltd (ABN 90 607 854 151), trading as Marvelor Repairs Assist.
  • “Repairs Assist” means the software, databases, data, information, graphics, images, documentation, training materials, and any related updates, upgrades, or printed/electronic content made available under the Repairs Assist platform.
  • “You” or “your” means the subscriber, customer, or end user accessing Repairs Assist.

1. Licence

By subscribing to Repairs Assist, you are granted a non-exclusive, non-transferable, non-refundable right to access and use the Technical Data contained in Repairs Assist solely for the purpose of diagnosis, repair, service, or maintenance of motor vehicles (the “Licence”).

  • The Licence does not grant ownership of any intellectual property in Repairs Assist.
  • You must not rent, lease, lend, sell, distribute, sub-licence, copy, modify, reverse-engineer, or otherwise exploit Repairs Assist or any of its content, except as permitted by law.
  • Use of Repairs Assist is conditional upon full and timely payment of all subscription fees.

2. Subscription Term & Renewal

  • The standard subscription term is twelve (12) months.
  • Subscriptions automatically renew for a further twelve (12) months unless written notice of cancellation is provided at least seven (7) days before expiry.
  • If payment is not received in accordance with your agreed schedule, Marvelor reserves the right to suspend or terminate your access without notice.
  • Early termination by you does not release you from your payment obligations. Any outstanding balance becomes immediately payable in full.

3. Promotional Offers

From time to time, Marvelor may provide promotional offers, including free or discounted trial periods.

  • Promotional offers are subject to these Terms and any additional conditions notified at the time of the offer.
  • Unless otherwise specified, promotional offers are available only to new subscribers.
  • It is your responsibility to monitor the end of any promotional period. If you do not cancel before expiry, ongoing subscription fees will apply as per your chosen billing frequency.
  • To cancel, you must notify Marvelor in writing at support@repairsassist.com.au.

4. Intellectual Property Rights

  • All intellectual property rights in Repairs Assist, including but not limited to copyright, trademarks, data, images, and layouts, are owned or licensed by Marvelor.
  • The inclusion of third-party trademarks or data within Repairs Assist does not transfer ownership. Such rights remain with the respective third-party owners.
  • “Marvelor Repairs Assist” is a business name of Marvelor Group Pty Ltd.

5. Warranty & Liability

  • Repairs Assist is provided on an “as is” basis. While Marvelor has taken reasonable care to ensure information accuracy, we do not warrant that Repairs Assist or its data is error-free, complete, or up to date.
  • To the extent permitted by law, Marvelor, its directors, employees, and agents are not liable for any direct, indirect, incidental, or consequential loss, damage, or expense arising from your use of Repairs Assist.
  • Our maximum liability under these Terms, whether in contract, tort, statute, or otherwise, will not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
  • You agree to indemnify Marvelor against any claims, liabilities, or expenses arising from your breach of these Terms or misuse of Repairs Assist.

6. Payment Terms

  • All amounts are payable in Australian Dollars (AUD).
  • Foreign currency payments may incur additional bank charges or exchange rate variations.
  • Marvelor reserves the right to suspend access to Repairs Assist in the event of failed or dishonoured payments.

7. General

  • These Terms are governed by the laws of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of its courts.
  • If any provision is found unenforceable, the remaining Terms will continue in full effect.
  • You may not assign or transfer your subscription rights without Marvelor’s prior written consent.

Direct Debit Request Service Agreement (Australia)

Marvelor Group Pty Ltd (ABN 90 607 854 151)

This Direct Debit Request Service Agreement (“Agreement”) sets out the terms on which Marvelor Group Pty Ltd, trading as Marvelor Repairs Assist (“Marvelor”, “we”, “our”, or “us”), will debit fees from your nominated account. It outlines our responsibilities, your rights, and your obligations in relation to the use of direct debit for subscription fees and related charges.

1. Our Commitment to You

  • We will only debit your nominated account for amounts due under your Repairs Assist subscription or any related fees you have agreed to.
  • Debits will be made strictly in accordance with the Direct Debit Request (DDR) form you have completed and authorised.
  • We will provide you with at least 14 days’ written notice if we change the amount, frequency, or terms of any direct debit arrangement.
  • If a debit date falls on a non-business day, the debit will be processed on the next business day.

2. Initial Terms of the Arrangement

  • By signing or electronically authorising a Direct Debit Request, you agree that we may debit your nominated bank account or credit card for all subscription fees and charges as they become due.
  • The amount and frequency of these debits will correspond to the subscription plan and billing frequency selected by you.
  • This Agreement remains in effect until your subscription is cancelled and all outstanding amounts are paid.

3. Drawing Arrangements

  • Each debit will be made on the same calendar day of the billing period as your subscription commencement date (or the nearest business day).
  • We may re-present dishonoured payments within a reasonable timeframe unless you request otherwise.
  • You will be notified in advance of any changes to the debit amount or frequency, unless the change arises directly from a variation in your subscription plan elected by you.

4. Your Rights

You have the right to request the following at any time by contacting us at support@repairsassist.com.au:

  • Alterations – to amend the drawing schedule.
  • Suspension – to temporarily defer or suspend a debit.
  • Cancellation – to cancel this DDR completely (subject to your subscription obligations).
  • Stopping a Debit – to stop an individual debit.

All requests should be made at least five (5) business days prior to the next scheduled debit.

5. Enquiries and Disputes

  • If you believe a debit has been made incorrectly, please contact us in the first instance. We will investigate the matter and respond within 7 business days.
  • If we determine that an error has occurred, we will arrange for the appropriate adjustment to be made to your account.
  • If you are not satisfied with our response, you may lodge a dispute directly with your financial institution. Your bank may then resolve the matter under its standard dispute resolution procedures.

Timeframes:

  • Claims lodged within 12 months of the disputed debit – your bank must respond within 5 business days.
  • Claims lodged more than 12 months after the disputed debit – your bank must respond within 30 business days.

6. Confidentiality and Data Protection

  • We will maintain strict confidentiality of your account details at all times.
  • Your personal and banking information will only be used for the purposes of processing debits under this Agreement and disclosed to your financial institution where necessary.
  • All data is handled in accordance with our Privacy Policy and the Australian Privacy Principles (APPs).

7. Returns and Refunds

  • If a debit is dishonoured or returned unpaid, we will notify you.
  • Any fees charged to Marvelor by your financial institution due to dishonoured debits will be passed on to you.
  • Refunds (where applicable) will be processed to the original method of payment:
    • Bank debits will be refunded to the same account.
    • Card payments will be refunded to the same card.
    • Refunds are provided on a pro-rata basis unless otherwise required by law.
  • All fees and charges are payable in Australian Dollars (AUD).

8. Your Commitment to Us

You are responsible for ensuring that:

  • Your nominated account can accept direct debits.
  • Sufficient cleared funds are available on the scheduled debit date.
  • You promptly notify us if your nominated account is closed, changed, or transferred.
  • You promptly notify us if you wish to change payment arrangements.

If a debit is returned unpaid, you:

  • Authorise us to re-attempt the debit within a reasonable period, and
  • Acknowledge that you may be liable for additional dishonour fees charged by your bank.

9. Governing Law

This Agreement is governed by the laws of the State of Victoria, Australia, and both parties submit to the jurisdiction of the Victorian courts.