‘REPAIRBUG’ SOFTWARE TERMS AND CONDITIONS OF USE
1. About the Software
1.1. Welcome to RepairBug (the 'Software'). The Software provides you with an opportunity to browse and sell various products that have been listed through the Software (the 'Products'). The Software provides this service by way of granting you access to the Software.
1.2. The Software is operated by Confumo Pty Ltd. PTY. LTD. (ABN 24 160 002 700). Access to and use of the Software, or any of its associated Products or Software, is provided by Confumo Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Software, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Software, or any of its Software, immediately.
1.3. Confumo Pty Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Confumo Pty Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Software. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Confumo Pty Ltd. in the user interface.
3. Registration to use the Software
3.1. In order to access the Software, you must first register as a user of the Software. As part of the registration process, or as part of your continued use of the Software, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.2. You warrant that any information you give to Confumo Pty Ltd. in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered
user of the Software ('User ') and agree to be bound by the Terms. As a User you will be granted access to the Software.
3.4. You may not use the Software and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Confumo Pty Ltd.; or
(b) you are a person barred from receiving the Software under the laws of Australia or other countries including the country in which you are resident or from which you use the Software.
4. Your obligations as a User
4.1. As a User, you agree to comply with the following:
You will use the Software only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Software;(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Confumo Pty Ltd. of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Software is limited, non-transferable and allows for the sole use of the Software by you for the purposes of Confumo Pty Ltd. providing the Software;
(f) you will not use the Software or Software for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Software;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Software without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Confumo Pty Ltd. for any illegal or unauthorised use of the Software; and
(h) you acknowledge and agree that any automated use of the Software or its Software is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Software to purchase the Software, you will agree to the payment of the purchase price listed on the Software for the Product (the 'Purchase Price').
5.3. Following payment of the Purchase Price being confirmed by Confumo Pty Ltd., you will be issued with a receipt to confirm that the payment has been received and Confumo Pty Ltd. may record your purchase details for future use.
5.4. Confumo Pty Ltd. may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6.1. Confumo Pty Ltd.'s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim ') for material defects and workmanship in the Products within 30 Days from the date of purchase (the 'Warranty Period').
6.4. Where the Warranty Claim is accepted then Confumo Pty Ltd. will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Confumo Pty Ltd. and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Copyright and Intellectual Property
7.1. The Software and all of the related products of Confumo Pty Ltd. are subject to copyright. The material on the Software is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Software (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Confumo Pty Ltd. or its contributors.
7.2. Confumo Pty Ltd. retains all rights, title and interest in and to the Software and all related content. Nothing you do on or in relation to the Software will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Confumo Pty Ltd.; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of Confumo Pty Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Software, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. You acknowledge that Confumo Pty Ltd. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
9.2. Confumo Pty Ltd. will make every effort to ensure a Product is accurately depicted on the Software, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Software.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Confumo Pty Ltd. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Software or these Terms (including as a result of not being able to use the Software or the late supply of the Software), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.5. Use of the Software, and any of the products of Confumo Pty Ltd. is at your own risk. Everything on the Software, the Software, and the Products of Confumo Pty Ltd., are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Confumo Pty Ltd. make any express or implied representation or warranty about its Content or any products or Software (including the products or Purchase Services of Confumo Pty Ltd.) referred to on the Software.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Software, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Software);
(c) costs incurred as a result of you using the Software, the Software or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Software; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Confumo Pty Ltd.. Competitors are not permitted to use or access any information or content on our Software. If you breach this provision, Confumo Pty Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
11. Limitation of Liability
11.1. Confumo Pty Ltd.'s total liability arising out of or in connection with the Software or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Confumo Pty Ltd. is the resupply of information or Software to you.
11.2. You expressly understand and agree that Confumo Pty Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. Confumo Pty Ltd. is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Software or in connection with the Software, whether posted or caused by users of the Software of Confumo Pty Ltd., by third parties or by any of the Software offered by Confumo Pty Ltd..
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Confumo Pty Ltd. as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Confumo Pty Ltd. at any time; and
(b) closing your accounts for all of the Software which you use, where Confumo Pty Ltd. has made this option available to you.
Your notice should be sent, in writing, to Confumo Pty Ltd. via the 'Contact Us' link on our homepage.
12.3. Confumo Pty Ltd. may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Confumo Pty Ltd. is required to do so by law;
(c) the partner with whom Confumo Pty Ltd. offered the Software to you has terminated its relationship with Confumo Pty Ltd. or ceased to offer the Software to you;
(d) Confumo Pty Ltd. is transitioning to no longer providing the Software to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Software to you by Confumo Pty Ltd. is, in the opinion of Confumo Pty Ltd., no longer commercially viable.
12.4. Subject to local applicable laws, Confumo Pty Ltd. reserves the right to discontinue or cancel your usership to the Software at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Software or the Software without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Confumo Pty Ltd.'s name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Confumo Pty Ltd. have benefited from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Confumo Pty Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Software;
(b) any direct or indirect consequences of you accessing, using or transacting on the Software or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in at the agreed mediation authority in Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 10 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Software offered by Confumo Pty Ltd. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Software, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
Confumo Pty Ltd. (Conphone, RepairBug, us, we, our, as applicable) recognises the importance of your (you, your) privacy and is committed to protecting any personal information we hold about you and safeguarding your privacy.
This policy is relevant to current and former customers/clients, as well as other individuals we deal with in connection with the services that we provide.
COLLECTING PERSONAL INFORMATION
The nature of the personal information we collect and hold, and where it comes from, will vary according to the circumstances in which we are dealing with you. Personal information comes from you personally, your agents, documentation, correspondence (including facsimile, telephone, email, via our website) and from third parties.
Personal information may include:
(a) your name, date of birth, residential and business addresses, telephone numbers, email and other electronic addresses, occupation, details about your family;
(b) billing information including credit card number, cardholder name and card expiration date;
(c) username and password;
(d) IP address, information identifying your device, website browsing history relevant to you;
(e) other information collected in the conduct of our business.
We usually collect your personal information directly from you. Sometimes we may need to collect personal information about you from third parties for the purposes described below. The circumstances in which we may need to do this include where we need information from a third party to assist us to provide the services. We will advise you if this is necessary.
HOLDING PERSONAL INFORMATION
We may hold your personal information in physical form or in electronic form on our systems or the systems of our service providers.
Our systems and procedures are designed to prevent your personal information from being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact our Privacy Officer (details below).
If we no longer need your personal information we will, take reasonable steps to destroy or securely delete your personal information in accordance with our document retention policy, unless we are required under Australian law or a court or tribunal order to retain it.
Where appropriate or required, we will require our service providers that hold and process such information on our behalf to follow appropriate standards of security and confidentiality.
PURPOSES OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
We will only collect, use and disclose your personal information as reasonably necessary for our business purposes and as permitted by law.
These purposes may include:
(a) registration and management of your account with us;
(b) communicating with you;
(c) providing goods or services to you;
(d) managing our services including processing receipts, payments and invoices;
(e) evaluating and monitoring credit worthiness;
(f) responding to inquiries about applications, accounts or other products, services or arrangements;
(g) meeting legal and regulatory requirements; and
(h) enforcing our rights, including undertaking debt collection activities and legal proceedings.
DISCLOSURES OF PERSONAL INFORMATION TO THIRD PARTIES
In order to deliver the services, we may disclose your personal information to other organisations but only in relation to providing our services to you. We take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your personal information.
We obtain services from other external service providers, some of which may be located outside Australia, and your information may be provided to them for this purpose. We may also need to disclose your personal information to other third parties for the purposes of providing services to you.
Third parties to whom we disclose your personal information may include:
(a) our related entities;
(b) service providers;
(c) business partners;
(d) regulatory bodies in Australia and overseas;
(e) financial and other advisors;
(f) brokers and other distributors;
(g) debt collectors;
(h) organisations wishing to acquire an interest in any part of our business from time to time; and
(i) other information providers.
Some of these recipients may be located outside Australia. It is not reasonably practicable to list all of the countries to which your information may be transmitted from time to time.
We will not adopt, use or disclose a government related identifier unless permitted by the Privacy Act.
We take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your personal information.
We may at some time in the future have an association with Facebook, Twitter and other social media outlets so as to provide personalised content to you. In such circumstances, Facebook may provide us with information that you have chosen to make available to us. You will be able to turn off any personalisation through the relevant social media outlet.
ACCESSING YOUR PERSONAL INFORMATION
You are entitled under the Privacy Act to access personal information we hold about you by contacting our Privacy Officer (details below).
Should you require access to your personal information, please request access and be specific about the information you require.
We will need to validate the identity of anyone making an access request, to ensure that we do not provide your information to anyone who does not have the right to access that information.
Gaining access to your personal information is subject to some exceptions allowed by law. Factors affecting a right to access include where:
(a) we reasonably believe that access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) access would have an unreasonable impact on the privacy of others;
(c) the request for access is frivolous or vexatious;
(d) the information relates to a commercially sensitive decision making process;
(e) access would be unlawful;
(f) denying access is required or authorised by or under an Australian law or a court/tribunal order;
(g) access would prejudice enforcement activities or the taking of appropriate action in relation to unlawful activity or serious misconduct;
(h) the information relates to existing or anticipated legal proceedings between you and us and would not be accessible by the process of discovery; or
(i) the information would prejudice negotiations with you.
There is no charge for making an access request. Your request will be dealt with in a timely manner.
CORRECTING YOUR PERSONAL INFORMATION
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete, up-to-date and relevant.
If you believe that this is not the case in relation to any personal information we hold about you, you have the right under the Privacy Act to request that we correct that information. Please contact the Privacy Officer in this instance.
If we do not agree with a request to correct information we hold in relation to you we will give you notice in writing as to our reasons and the mechanisms available to you to complain about our decision.
You may also request us to associate a statement with that information to the effect that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading so that it is apparent to users of the information.
When contacting us, you have the option to either not identify yourself or to use a pseudonym. However, this will not apply if it is impracticable for us to communicate with you that way or if we are required or authorised under Australian law (or a court or tribunal order) to only deal with individuals who have identified themselves.
When you visit www.repairbug.com.au (Site) the server may attach a "cookie" to your computer's memory. A “cookie” assists us to store information on how visitors to the Site use it and the pages that may be of most interest. This information may be used to provide users of your computer with information that we think may interest them.
If you choose, you should be able to configure your computer so that it disables “cookies” or does not accept them.
We may collect session data, including your IP address, web browser software and referring website. We may also collect information about your online activity. The purpose of this is to assist us in understanding your interests and preferences.
If you use a device to view our website, we will collect and use information about you in generally similar ways and for similar purposes as when you use our website. In addition, we may collect information about your location if you have instructed your device to send such information to other users via the privacy settings on that device, or if you have uploaded photos tagged with location information.
We may use the location information collected from your device or photos to enhance your use of our website. For example, we may use your location to show you reviews of business near you when you are traveling.
You can change the privacy settings of your device at any time. Please note that turning off location sharing may affect certain features of our website.
Where we collect payment information from you (including your credit card number, cardholder name, expiration date, authentication code, and billing address) we will securely transmit this information. Where possible we will use PayPal and any payment made by you is subject to the terms and conditions of PayPal.
We may permit advertisers to partner with us on our Site. These third parties may collect information about your online activities through cookies and other technologies. This may occur when you view or interact with advertisements on our sites. We do not have access to or control over cookies or other technologies these third parties may use to collect information about you. You must deal with these third parties direct if you have any concerns regarding their use of information.
DIRECT MARKETING BOOT
We may use personal information about you for the primary purpose of providing you with our services. We may also use it for other purposes for which you might reasonably expect us to use that information. This includes sending you information about new developments, products, services and special offers by post, telephone, email, SMS or any form of electronic communication. You authorise us to use any email address or other contact information you provide to us at any time for this purpose.
You agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are required to send you relating to the services we provide.
COMPLAINTS AND DISPUTES
If you have reason to believe that we have not complied with our obligations under the Privacy Act in relation to your personal information, please contact our Privacy Officer.
You will receive an acknowledgment of your complaint as soon as practicable and in any case within seven (7) days after we receive it. If we need more time to resolve your request we will notify you as to the delay, the reasons for it and seek your written agreement to a longer period.
We will investigate all complaints and aim to resolve them within thirty (30) days. If we cannot resolve your complaint within this period we will notify you as to the reasons why, specify a date when we expect a resolution and seek your agreement to extend this thirty (30) day period (if you do not agree, we may then not be able to resolve your complaint).
If we find a complaint justified, we will resolve it. If necessary, we will change policies and procedures to maintain our high standards of performance, service and customer care.
If you are not happy with the way your privacy-related complaint is being handled, you can also contact the Privacy Officer using the contact details below.
We are not currently a member of any external dispute resolution scheme, however, if required by law we will obtain membership as required and advise you of the details of the external dispute resolution scheme.
148 Ipswich Road
Woolloongabba, QLD, 4102
Ph: 07 3392 0995