Terms & Conditions Of Usage
SERVICEDEALS2ME – APP TERMSThe App is supplied by 2Me Corporation Pty Ltd (ACN 614 808 767) of PO Box 398, Mont Albert 3127, Victoria (us, we, our, 2ME).
Your access to, and use of, the App is governed by this agreement. Please read and review this agreement carefully. By clicking the “Accept” button, You indicate to us that You have read and understood this agreement and You agree to abide by it. If You do not accept the terms of this agreement, do not click on the “Accept” button.
We may alter this agreement from time to time (including by adding terms to cover new functionality), so You should periodically check them as any changes will take effect as soon as they are updated in this App. You may be asked to accept the new agreement before You can continue to use the App. If You are not asked, we will treat Your continued access to, and use of, the App as Your acceptance of any amended Terms. If You do not agree with the amended Terms, You must stop using the App.
2Me provides an online service to connect consumers like You who are seeking a service for their vehicle with dealers who can provide that service.
When You pay for a vehicle service in accordance with the terms of this agreement, You must use one of our Third Party Payment Providers and comply their terms and conditions in addition to the terms of this agreement. As at the date of this agreement these providers are Latitude and Stripe.
1. Eligibility requirements
1.1. To use the App, You must:
1.1.1. be a natural person over the age of 18 years;
1.1.2. be capable of forming a legally binding contract;
1.1.3. be eligible to use the services of at least one of the Third Party Payment Providers;
1.1.4. hold a valid credit card or debit card;
1.1.5. create a Profile with a unique username and password;
1.1.6. in Your Profile, provide Your full name, address and e-mail address, Payment Details and any other details we may request;
1.1.7. the device on which You will use the App must enable You to access the internet.
1.2. You acknowledge that Your ability to use the App and make payment via our Third Party Payment Providers is subject to:
1.2.1. You signing up and/or using one of the Third Party Payment Providers. You can sign up with Latitude here: https://app.latitudepay.com/;
1.2.2. You meeting any eligibility requirements specified by the Third Party Payment Provider that you chose;
1.2.3. your chosen Third Party Payment Provider approving Your use of their services and continuing to do so (e.g. Latitude’s approval of a loan to You);
1.2.4. Your compliance with the Consumer Third Party Payment Provider Terms.
1.3. If our Third Party Payment Providers do not allow You to use their services, or if they discontinue Your use of their services, You will not be able to use the App.
2. Your use of the App
2.1. You must not:
2.1.1. copy, modify, translate, enhance or adapt the App or Content;
2.1.2. attempt to reverse engineer, disassemble, or decompile the App or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the App or Content;
2.1.3. entice, solicit or otherwise deal with Dealers outside the App including so as to circumvent Your obligation to pay the Booking Fee or Service Fee to us in accordance with this agreement;
2.1.4. exploit or use the App or Content otherwise than as permitted under this agreement;
2.1.5. hack into or insert malicious code, including viruses, trojans, worms, logic bombs or other harmful or destructive code or data, into the App or Content or any operating system, including through password mining, phishing or other means;
2.1.6. use automated scripting tools or software in connection with the App or Content;
2.1.7. circumvent the structure, presentation or navigational function of the App or Content so as to obtain information that we have chosen not to make publicly available;
2.1.8. interfere with or disrupt the App or the systems that support it;
2.1.9. create a new Profile for the App after we have terminated Your account due to Your breach of this agreement;
2.1.10. make any use of the App or Content that violates any applicable law or regulation.
2.2. We reserve the right to monitor use of the App by You or any other person but have no obligation to do so.
3. Your responsibilities
Using the App
3.1. The App generates multiple estimates for a Vehicle Service for Your nominated vehicle for You to consider. Once You have selected an estimate to proceed with, You can request an appointment with a Dealer to inspect Your vehicle (Dealer Appointment).
3.2. Following a Dealer Appointment, the Dealer will provide You with a Consumer Quote which You can accept or reject. If You accept the Consumer Quote (e.g. by clicking on the “Accept” button within the App) (a Booked Vehicle Service), You must:
3.2.1. deliver the vehicle the subject of the Consumer Quote to the address and at a time agreed with the Dealer in the App;
3.2.2. comply with all reasonable requests and directions of the Dealer in relation to the servicing of Your vehicle;
3.2.3. pay the Booking Fee and Service Fee in accordance with clause 4;
3.2.4. comply with the applicable Consumer Third Party Payment Provider Terms;
3.2.5. do all things necessary to avoid a breach of the Merchant Third Party Payment Provider Terms by us and indemnify us for any act or omission by You or Your agents that causes us to be in breach of the Merchant Third Party Payment Provider Terms.
Your relationship with the Dealer
3.3. You acknowledge and agree that when You initiate a Booked Vehicle Service:
3.3.1. You will be entering into a legally binding agreement with the Dealer for the Dealer to provide the services detailed in the relevant Consumer Quote;
3.3.2. we are not a party to that agreement or any transaction between You and the Dealer nor are we responsible for any debt arising under that agreement;
3.3.3. You authorise us to facilitate payment for the Completed Vehicle Service and pass this payment (less Our Charges) on to the Dealer in accordance with clause 4.
Disputes concerning Vehicle Services
3.4. You can notify us if You wish to make a complaint about a Dealer in relation to a Vehicle Service but have been unable to resolve the complaint with the Dealer directly (Consumer Dispute).
3.5. Upon receiving notice of a Consumer Dispute from You, You must, until the dispute is resolved:
3.5.1. cooperate with us and provide all assistance we reasonably require in order to resolve the Consumer Dispute;
3.5.2. make good faith efforts to resolve the Consumer Dispute; and
3.5.3. approach the resolution of the Consumer Dispute in a reconciliatory manner.
3.6. If the Consumer Dispute cannot be resolved within 14 days of notification of the Consumer Dispute, You agree to submit the matter to mediation with the Dealer in accordance with clause 3.9.
3.7. Subject to clause 3.8, if You have paid the Service Fee in respect of a Vehicle Service the subject of a Consumer Dispute, we are not liable to You in respect of that amount.
3.8. If the terms of a resolution of a Consumer Dispute under this clause 3 require the Dealer to make a payment to You, You authorise us to process that refund in accordance with the applicable Merchant Third Party Payment Provider Terms and Consumer Third Party Payment Provider Terms.
Mediation of Consumer Disputes
3.9. Any mediation under this clause:
3.9.1. will be between You and the Dealer and will not involve us;
3.9.2. must be paid for by You and/or the Dealer;
3.9.3. will be subject to the Resolution Institute Mediation Rules current as at the date of the dispute.
4.1. Upon completion of a Booked Vehicle Service and once You have clicked the “pay” button (or similar button) in the App, we will charge You and You will pay to us, via the Third Party Payment Provider You have chosen:
4.1.1. the Booking Fee for using our App;
4.1.2. the Service Fee (less Our Charges) which we will forward to the Dealer on Your behalf.
4.2. You can only make payments under this agreement using one of our Third Party Payment Providers.
Paying with Latitude
4.3. Latitude offers an online service for consumers who wish to pay for goods or services by way of weekly instalments through an interest-free loan. In summary, Latitude’s service operates as follows:
(a) You register with Latitude to use their online payment service;
(b) You select us as the merchant that is offering the option to make payments under this agreement;
(c) we confirm that You can use Latitude to make payments to us under this agreement;
(d) You will then apply for a loan with Latitude;
(e) if Your loan application is approved by Latitude, You and we will receive confirmation from Latitude, following which Latitude will make the payment to us;
(f) we will pay the Dealer in accordance with the terms of this agreement and our agreement with the Dealer.
4.4. Amounts specified in this agreement are exclusive of GST. Where a party (Supplier) makes a taxable supply to another party (Recipient) under or in connection with this agreement, the Recipient must pay to the Supplier an additional amount equal to the GST payable on the supply. Terms used in this clause 4 have the meanings given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4.5. You acknowledge that we are not responsible or liable to You for authorised or completed payments made under this agreement that are later the subject of a dispute, are submitted without authorisation or in error, are the results or fraud, or otherwise violate any applicable laws.
5. Intellectual Property
5.1. If You satisfy the requirements set out in clause 1.1, accept the terms of this agreement, and successfully register to use the App, we grant to You a right to use the App for personal use in accordance with this agreement.
5.2. The right granted under clause 5.1 is subject to any rules applied by the provider or operator of the application store from which You downloaded the App.
5.3. We retain exclusive ownership of all copyright and other intellectual property rights embodied in or related to the App, the Content and design.
5.4. Except as provided in this agreement, any use or copying of the App for any other purpose is expressly prohibited.
5.5. You acknowledge that “ServiceDeals2Me" and all other trade marks, trade names and other product and service names and logos on or in the App, are owned or licensed by us and are protected by applicable trade mark and copyright laws.
5.6. You grant us a non-exclusive, perpetual, transferrable, worldwide, royalty-free licence to:
5.6.1. use, reproduce, modify, upload, display, publish, communicate, distribute or otherwise make available on the App Your Content for the purpose of us providing the App; and
5.6.2. use Your Content for our internal business purposes, including further developing the App and Content including improving their functionality and algorithms.
5.7. You acknowledge that depersonalised aggregated data collected from the App (including Your Content) may be provided by us to third parties.
6.1. The App and Content may include links to other websites not owned or controlled by us (Third Party Websites). We make no express or implied representation or warranty or guarantee as to the content, suitability, functionality or accuracy of any Third Party Websites.
6.2. Third Party Websites are subject to the terms and conditions outlined by that third party.
6.3. Unless specifically indicated by us, any links to Third Party Websites do not:
6.3.1. indicate a relationship between us and the third party; or
6.3.2. indicate any endorsement or sponsorship by us of the Third Party Website, or the goods or services it provides.
7. Privacy & Personal Information
7.1. You will be required to provide personal information to us when You register to use the App, and in the course of accessing and using the App.
7.3. You agree that we may disclose any information we, in our absolute discretion, consider we are required to disclose in order to satisfy any applicable rule of law, regulation, legal process or government request.
7.4. Terms used in clause 7 have the meanings given to them in the Privacy Act 1988 (Cth).
8.1. You acknowledge that:
8.1.1. You are responsible for the accuracy of Your Content entered into the system including Your personal details and the details of Your vehicle(s);
8.1.2. we provide no warranty or assurance:
(i) as to the quality, reliability, skills or expertise of Dealers who use the App;
(ii) that use of the App will result in any particular outcome including outcomes related to vehicle performance or financial savings;
8.1.3. we do not recommend or endorse any particular Dealer; and
8.1.4. we have no obligation to perform a Vehicle Service.
8.2. You further acknowledge that:
8.2.1. the App contains certain Content (i.e. content created by Dealers relating to prices for Vehicle Services, etc) over which we exercise no editorial control;
8.2.2. although we do not monitor or exercise any editorial control over the Content, we reserve the right:
(i) to access or examine any Content; and
(ii) at our discretion move, remove or disable access to the Content which we consider, in our sole opinion to breach any applicable law or to be otherwise unacceptable.
9.1. You agree and warrant that:
9.1.1. all information that You provide to us about yourself, including Your contact details and personal details is true, accurate, current and complete and that You will notify us of any changes to that information in a timely fashion; and
9.1.2. You will not share Your password for Your Profile with others or allow others to use Your username and password.
10. Exclusions and Limitations of Liability
10.1. All terms, warranties and representations not expressly stated in this agreement, are excluded to the extent permitted by law.
10.2. You acknowledge that to the maximum extent permitted by law, we are not liable to You or any third party (including Dealers) for any loss or damage in connection with Your use of the App (including any damage to Your vehicle(s)) or any interaction, transaction or relationship (legal or otherwise) arising through use of the App, including in relation to Vehicle Services.
10.3. Without limiting clause 10.1, we do not warrant or guarantee:
10.3.1. that the App will be free from viruses (including malware or spyware) or other destructive properties; or
10.3.2. that the operation of the App will be uninterrupted or error free.
10.4. If any services are provided to You as a “Consumer” within the meaning of the Australian Consumer Law (ACL), You will have the benefit of certain non-excludable rights, guarantees and remedies in respect of those services. Nothing in these terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the ACL, cannot be excluded, restricted or modified.
10.5. If any services are provided to You as a “Consumer” but the services are NOT of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to You for any failure to comply with a consumer guarantee under the ACL in respect of those services is limited at our option to either resupplying the services or the costs of resupplying the services.
10.6. Subject to clauses 10.4 and 10.5, to the maximum extent permitted by law, we are not liable for any:
10.6.1. lost profits, lost revenue, loss of opportunity, loss of data, loss of management time or failure to realise anticipated savings, property damage, loss of or damage to reputation or goodwill, personal injury, loss of life, accident, harm, incurred or suffered by a person; or
10.6.2. special, indirect, incidental or consequential damages, losses, costs, or expenses.
Reduction of Liability
10.7. Our liability to You under or in relation to this agreement is reduced to the extent that Your acts or omissions, or those of a third party, contributed to or caused the liability.
11. Force majeure
11.1. We will not be liable for any act or event beyond our reasonable control, including failure of or suspension of public or private telecommunications networks.
12.1. You can deactivate Your access to the App at any time.
12.2. We may limit, suspend or terminate Your access to the App at any time and without any prior notice, if You have breached this agreement or if we know of or suspect any fraudulent or dishonest activity in relation to Your Profile or Your use of the App or Content.
12.3. On termination of this agreement (including any deactivation of Your access to the App):
12.3.1. Your access to the App will be terminated;
12.3.2. all amounts payable by You under this agreement will become due and owing.
12.4. Your Termination of this agreement does not relieve You of Your obligations under this agreement or any obligations to a Dealer or to Third Party Payment Providers.
13.1. This agreement constitutes the entire understanding between You and us to the exclusion of any previous communications, representations or other terms.
13.2. We may, at any time and without the need for consent or approval from You, novate, assign or transfer all or any of our rights or obligations under this agreement to any person.
13.3. You may not assign or transfer any of Your rights or obligations under this agreement without obtaining our prior written consent (which consent must not be unreasonably withheld).
13.4. We may give notice to You by either direct communication to the email address provided in Your Profile or generally by publication of a generic message or communication on a notice board or information link accessible to and found on the App. You may give notice to us by email at [insert email address].
13.5. If any part of this agreement is void or unenforceable, that part will be severable from and will not affect the enforceability of the remaining provisions.
13.6. This agreement is governed by the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
14.1. In this agreement, the following words have the meanings set out below:
App means the smart-phone application known as “ServiceDeals2Me” provided by us.
Booked Vehicle Service has the meaning given to it in clause 3.2.
Booking Fee means the fee specified in our App, as amended from time to time, which we charge You for booking a Vehicle Service through the App.
Business Days means Monday to Friday, excluding Victorian public holidays.
Completed Vehicle Service means a Vehicle Service completed by a Dealer in respect of which You have authorised payment.
Consumer Dispute has the meaning given to it in clause 3.4.
Consumer Quote means a quotation provided by a Dealer to You for the estimated cost of conducting a Vehicle Service, including any revisions or amendments to that estimate, following a Dealer Appointment.
Consumer Third Party Payment Provider Terms means any agreements in place, from time to time, between You and our Third Party Payment Providers.
Content means any content, text, documents, videos, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, artwork, computer code and other material used, displayed or available on the App and includes Your Content.
Dealer means a business that offers Vehicle Services through the App.
Dealer Appointment has the meaning given to it in clause 3.1.
Latitude means LatitudePay Australia Pty Ltd ACN 633 528 873.
Merchant Third Party Payment Provider Terms means the following terms and conditions:
(a) Latitude’s Merchant Terms & Conditions, which can be found at: www.latitudepay.com/merchant-terms-conditions/;
(b) Stripe’s Services Agreement, which can be found at: www.stripe.com/au/ssa,
and any other agreements in place, from time to time, between us and our Third Party Payment Providers.
Our Charges means the amount we charge a Dealer, from time to time, for facilitating payments from You via our Third Party Payment Providers to the Dealer, which also includes the amounts we are charged by our Third Party Payment Providers.
Payment Details means the payment details notified by You to us from time to time.
Personal Information has the same meaning given to it in the Privacy Act 1988 (Cth).
Profile means the user profile created by You in order to access the App as a registered user.
Resolution Institute means Resolution Institute ACN 008 651 232.
Service Fee means the amount specified in a Consumer Quote accepted by You under clause 3.2.
Stripe means Stripe Payments Australia Pty Ltd ACN 160 180 343.
Third Party Payment Providers means any third party who we may use to facilitate Your payment to the Dealer under this agreement, including, as at the date of this agreement, Latitude and Stripe.
Vehicle Service means the act of repairing, servicing or otherwise conducting any maintenance work on a vehicle.
Your Content means any text, information, data, graphics, photographs, and other material uploaded, displayed or made available on the App by You and includes Your Profile.
1. Respecting your privacy
To become a registered user of the App or to log onto the Dealer platform on our website at [insert] (‘Website’), you will be required to agree that your personal information will be collected, held, used and disclosed by us in accordance with this policy. We may amend this policy from time to time, and the amended policy will be made available in the App and on the Website. You may be asked to accept the new policy before you can continue to use the App and the Website. If you are not asked, we will treat your continued use of the App and/or the Website, or your provision of further personal information to us, as your acceptance of the amended policy.
We collect personal information from:
(a) individuals seeking Vehicle Services via the App (Consumers);
(b) businesses who provide Vehicle Services via the Website (Dealers).
The types of personal information that we collect and hold about you will depend on our relationship with you and the circumstances of collection. The information will generally include:
· full name;
· home address (for Consumers);
· email address;
· mobile phone number;
· credit card details (for Consumers), bank account details (for Dealers who are sole traders) or other payment details.
Generally, we collect personal information directly from you. This may occur in a number of ways, including:
when you sign up to become a registered user of the App (for Consumers) or the Website (for Dealers);
when you update your information in the App (for Consumers) or the Website (for Dealers); and
when you make an enquiry or provide feedback to us.
Sometimes we collect personal information from a third party or from a publicly available source, but only if you have consented to your information being used in this way, or would reasonably expect us to collect it in this way. We only collect this information from companies or sources that are allowed to disclose it to us.
3. Providing personal information of others to us
You must not provide us with personal information about any other individual unless you have the express consent of that individual to do so. If you do provide us with such information, before doing so, you:
warrant that you have that individual’s consent to provide their information to us.
4. Use of your personal information
We use the personal information we collect for the purposes for which it is collected and for other related purposes, and as permitted or required by law. Our general purposes may include:
to provide the services you request, and to administer and manage those services;
to respond to your enquiries or requests for assistance from us;
to improve and develop the App and the Website, including expanding the functionality and offerings available through the App and the Website (this may include conducting market and other research);
to provide information to you about improved or additional functionality or services (of our own or third parties) that might be of interest to you;
to send marketing material to you; and
otherwise to facilitate our business operations and processes.
We may also use your personal information to deliver advertising which is more customised or relevant to your interests or location. This does not mean that you will receive more ads, it just means that we will do our best to make any advertisements relevant and tailored to your interests.
5. Disclosure of your personal information
Generally, we will obtain consent before we disclose any personal information other than as specified in this policy. Such consent may be given expressly or it may be implied by conduct.
In the case of Consumers, your personal information will be disclosed to Dealers for their business purposes and to allow them to provide Vehicle Services you book using the App.
More generally, your personal information may also be disclosed to:
our related entities, representatives and business partners (including Latitude and Stripe) for our business and marketing purposes only;
our third party service providers to permit them to provide services to us such as provision of infrastructure, information systems and IT services, data analysis, market research and analysis, marketing services, customer services and operation of call centres, and other similar services;
our external advisers who have been engaged to provide us with legal, administrative, financial, insurance, research, marketing or other services;
any other person authorised, implicitly or expressly, when the personal information is provided to or collected by us.
Some of our related entities or other third parties to whom we may disclose your personal information, may be located in countries outside Australia or may hold your data on servers located outside of Australia. These countries include [list].
We reserve the right to disclose any personal information to law enforcement or other government officials where such disclosure is required by law, or where we reasonably believe that disclosure is necessary or appropriate.
We will not share your personal information with third parties for their marketing purposes. We will never sell, trade, lease or rent your personal information to third parties.
We may share de-identified, aggregated information with third parties for their marketing and business purposes, but such information will not individually identify you.
6. Latitude and Stripe
As set out in the App Terms, all payments made by Consumers must be made through either Latitude or Stripe (or any other third party payment provider whom we may permit you to use from time to time to make payments), which are separate companies not owned or controlled by us.
In order to make a payment through the App, you will need to provide personal information to either Latitude or Stripe. Latitude and Stripe will handle your personal information in accordance with their privacy policies then in force, available at https://www.latitudefinancial.com.au/privacy/ and https://stripe.com/au/privacy.
7. What happens if I do not provide personal information?
If you do not provide your personal information to us, you will not be able to use the App or the Website, as the case may be.
We may also collect data from you by using ‘cookies’, which are small data files deposited by the App or the Website on your phone, computer, or other device. Cookies are sent back only to the servers that deposited them when a visitor returns to the relevant page/app.
With the information we receive through cookie technology, we hope to improve the App and the Website.
In addition, we may gather information about you that is automatically collected by our server, such as your IP address and domain name. We may use this information to customise our offerings, to make information more readily accessible to you, and to make the App and the Website easier for you to use.
9. Location data
We may identify and use location data sent from your device. You can turn off this functionality on the device by turning off the location services settings for the App. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data to provide and improve location-based services. You may withdraw this consent by turning off the location services settings at any time.
10. Direct marketing
As indicated above, we may use your personal information to send you marketing material, including advertising that is customised to your interests, characteristics or general location.
Opt-out: If you prefer not to receive marketing communications from us, you can opt out by contacting us using the contact details below. For direct marketing correspondence that you receive from us via email or other electronic means, there will be an unsubscribe button or link which you can use to manage which messages you receive from us.
11. Data security
We take the security of your personal information seriously. We take reasonable steps to protect the personal information we hold, whether in electronic or other form, against loss, unauthorised access, use, modification or disclosure, and against other misuse.
When no longer required by us or when requested by you, we will take reasonable steps to destroy, delete or permanently de-identify personal information in a secure manner.
12. Access and correction
You may request access to the personal information we hold about you by contacting us using the contact details below. We will process such requests within a reasonable time. If we deny an access request as permitted or required by law, we will provide reasons to the extent we are required by law to do so.
We will take reasonable steps to ensure the personal information we hold about you is up to date and accurate. Please let us know promptly if any changes are required to be made to the personal information we hold about you by contacting us using the contact details below.
You may ask us at any time to correct personal information we hold about you. On request, we will take reasonable steps to correct the information so that it is accurate, complete and up to date, or will provide reasons for not doing so to the extent required.
Of course, you may also update your personal information at any time through the App itself.
13. Complaints handling
If you wish to make a complaint about a breach of this policy or the Australian Privacy Principles, you can contact us using the contact details below. You will need to provide sufficient details regarding your complaint, together with supporting evidence and information. Our Privacy Officer will investigate your complaint and determine what steps we need to take to resolve your complaint. We will contact you if we require further information from you, and will notify you in writing of the outcome of our investigation.
If you are not satisfied with the outcome, you may contact us to discuss the matter further, or you may make a complaint to the Information Commissioner using the details below:
Office of the Australian Information Commissioner:
GPO Box 5218 Sydney NSW 2001
Telephone: 1300 363 992
Fax: 02 9284 9666