Terms and Conditions
General Conditions of Use
1. Please read this information carefully before accessing or using the information and services available through the RepairCompare.com.au website (“RepairCompare Site”), which is owned and operated by Ding-Gone Pty Ltd and trading as RepairCompare. By accessing or using the RepairCompare Site or registering as a user, you agree to be bound by the terms and conditions below. RepairCompare may modify this agreement at any time, and such modifications shall be effective immediately upon posting a modified agreement on the RepairCompare Site.
2. The System operates as both a finder and facilitator seeking to match the needs of Users with Providers. The System and Site acts as a forum for Users and Providers to request and provide a Quote respectively and agree on prices and other terms and to enter into an agreement regarding the provision of freight services by the Provider for each Job. RepairCompare is a neutral facilitator and the Provider acknowledges and agrees that RepairCompare is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with any User will be subject to the Provider Terms and are not governed by the terms and conditions of this Agreement.
1. Copyright in the material and trade marks on the RepairCompare Site are owned by RepairCompare and you agree not to infringe any intellectual property rights owned by RepairCompare.
Information does not represent professional advice
2. RepairCompare does not endorse or recommend any of the services advertised on the RepairCompare Site and RepairCompare strongly recommends that prior to entering into any agreement with any of the service providers or businesses on the RepairCompare Site, that you obtain independent legal, accounting, financial, taxation, technical or expert advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness, quality, safety, legality and usefulness of all quotes, businesses, customers, services and other information provided through the RepairCompare Site or on the internet.
3. RepairCompare will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the RepairCompare Site.
4. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this General Conditions of Use agreement or your use of the RepairCompare Site or RepairCompare services.
No guarantees or endorsements of sites or services we link to or that link to us
1. RepairCompare provides links and pointers to Internet sites maintained by third parties from its RepairCompare Site. Such linked sites are not under the control of RepairCompare and RepairCompare is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. RepairCompare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RepairCompare of the linked site. RepairCompare is not responsible for the copyright compliance of any linked site. RepairCompare will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No guarantees or warranties as to the service
1. RepairCompare provides no guarantee or warranty to you that the services generally available through the RepairCompare Site will performed to a certain standard of quality or be error-free or that defects in the service will be corrected. We do not guarantee or endorse any of the services provided by any third party.
2. You understand that RepairCompare cannot and does not guarantee or warrant to you that files available for downloading through the RepairCompare Site or delivered via electronic mail through the RepairCompare Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the RepairCompare Site for the reconstruction of any lost data.
3. You are responsible for all transactions in which you choose to participate, including monitoring the status of, and complying with all relevant legal and other obligations.
Our rights to use information you send us
2. RepairCompare reserves the right to modify or delete any information you submit to the RepairCompare Site in order to enhance the services provided to you and other users.
3. RepairCompare welcomes feedback from you about all aspects of the RepairCompare Site. You agree that RepairCompare may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the RepairCompare Site or by email to RepairCompare. RepairCompare reserves the right to aggregate the feedback for each business into a percentage score and publish that score on the RepairCompare Site.
- You acknowledge and agree that RepairCompare accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you agree to indemnify and release forever RepairCompare from any liability it may incur arising, whether directly or indirectly, out of any feedback you post on the RepairCompare Site.
- RepairCompare may at any time change or discontinue any feature of the RepairCompare Site, including content, hours or availability and equipment required for access.
4. RepairCompare has the right to request feedback from all users (both Service Providers and End Users) on the performance of each stakeholder. This information may be used as available content for future users of the platform and you agree to indemnify and release forever RepairCompare from any liability it may incur arising, whether directly or indirectly, out of any feedback posted on the RepairCompare Site.
No guarantees as to security of your information
1. While RepairCompare shall take all due care in ensuring the privacy and integrity of the information you provide, including but not limited to measures such as firewalls, secure password access, secure servers and data encryption, the possibility exists that this information could be unlawfully observed or accessed by a third party while in transit over the internet or while stored on RepairCompare systems or on the RepairCompare Site. RepairCompare disclaims all liability to you should this occur.
No misrepresentations permitted
1. You agree that it is a condition on your use of the RepairCompare Site and of any other services provided by RepairCompare or through the RepairCompare Site that you will not through any act or omission mislead or deceive others.
1. You warrant that you are the holder of all necessary rights, including copyright, in the content which you contribute, that none of the information provided is defamatory, and that it does not infringe any law in Australia. You agree to indemnify RepairCompare against any legal fees, damages or expenses that may be incurred by RepairCompare as a result of a breach of this warranty.
2. You warrant to RepairCompare that you will not use the RepairCompare Site or any RepairCompare service for any purpose that is prohibited by the General Conditions of Use or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
- This includes, but is not limited to:
- Use of the RepairCompare Site to offend others (which shall be judged in the absolute opinion of RepairCompare);
- Publishing, or in any way distributing or disseminating any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of RepairCompare);
- Engaging in, encouraging participation in or promoting any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the RepairCompare Site;
- Use of automated scripting tools or software;
- Making available, using the RepairCompare Site, any material that you do not have a right to make available including any viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breaching any laws or regulations applicable to your use of the website;
- Use of the RepairCompare Site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way, such as creating potential customer lists. Any commercial use of the RepairCompare Site requires the prior written approval of RepairCompare.
- RepairCompare has no obligation to monitor your use or anyone else's use of the RepairCompare Site. However, RepairCompare reserves the right at all times to monitor your usage of the RepairCompare Site and to retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. You are required to nominate a username and password, which must be used by a single individual and is not transferable. It is your responsibility to ensure that these remain confidential at all times. If you become aware of any unauthorised use of your username or password, you must notify RepairCompare immediately by email to firstname.lastname@example.org.
4. Business users are required to confirm their identity within 7 days of first registration as a user.
1. Where used in this agreement, the term “personal information” has the meaning attributed to that term in the Privacy Act 1988 (Cth).
2. RepairCompare is committed to maintaining your privacy because we recognise your right to keep personal information private. RepairCompare may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Normal use of your personal information includes but is not limited to:
- Personalising and customising your RepairCompare Site experience;
- Assisting RepairCompare in managing and enhancing its services;
- Communicating with you by email, SMS message or telephone; and
- Providing you with ongoing information about opportunities on the RepairCompare Site which RepairCompare believes you may be interested in by email, SMS message or telephone.
3. RepairCompare has appointed a privacy officer to oversee the management and protection of personal information.
4. In relation to information pertaining to a user’s racial or ethnic origin, membership of political bodies, religious orientation, membership of a trade union or trade association, sexual preferences, criminal record and health, RepairCompare will only use or disclose such information for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless agreed otherwise.
5. RepairCompare will retain any personal information you provide for a period of 12 months. This includes but is not limited to copies of identification documents. Upon the expiration of 12 months, RepairCompare will delete, or make anonymous on your request, specific personal information from our servers, files and databases, unless RepairCompare is required by law to retain that information.
6. You have the right to access any personal information that RepairCompare holds about you. If you make an access request, RepairCompare will require you to verify your identity and specify what information you wish to access. RepairCompare may charge you a fee for the access request.
9. RepairCompare reserves the right to record phone calls between you and RepairCompare employees or RepairCompare agents for training purposes.
1. RepairCompare expressly excludes all conditions and warranties that may be implied by law. To the extent permitted by law, RepairCompare’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted to either the re-supply of the relevant RepairCompare service or a refund in accordance with RepairCompare’s refund policy. (Please refer to RepairCompare’s refund policy).
2. Excluding liability for negligence, the maximum liability of RepairCompare is limited to the total of any amounts that you have paid to RepairCompare in respect of goods or services supplied to you by RepairCompare or $500.00, whichever is less.
3. As a user of the RepairCompare Site, you acknowledge and agree that there are no circumstances whereby RepairCompare will be liable to you for any indirect, incidental, special and/or consequential losses, damages or loss of profits of any nature arising (including but not limited to any act or omission by RepairCompare) which result from:
- The use or access or any inability to use or access the RepairCompare Site or any material on the RepairCompare Site; or
- Unauthorised access to your user account or internet transmissions or data; or
- Statements or conduct by any third party on the RepairCompare Site; or
- Actions or decisions by you made in reliance on the information on or provided to you through the RepairCompare Site, or provided by any business you engage on the RepairCompare Site; or
- Any interruption, delay or impairment in the functioning, operation or availability of the RepairCompare Site, exposure to or transmission of any computer virus, difficulties in connection with the RepairCompare Site, or malfunction in equipment or software.
1. You agree to indemnify and release forever RepairCompare and its directors, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages of any kind and nature, including reasonable legal fees, made by you or any third party due to or arising, whether directly or indirectly, out of your breach of the General Conditions of Use, or your violation of any law, or the rights of a third party.
Training and certification courses
1. Upon completion of a training and certification course offered by RepairCompare and the completion of the relevant examination to the standard of achievement set by RepairCompare, business users will become a certified business. RepairCompare will reflect that certification status on the user’s account and profile.
2. RepairCompare may use any appropriate icons, images or text on the business profile and in quotes submitted by a certified business to differentiate them from a business user who has not been certified. RepairCompare may modify the icons, images or text used to differentiate certified businesses on the RepairCompare Site at any time. Business users may make an unlimited number of attempts at the examination until they reach the standard of achievement set by RepairCompare.
Business user verification
1. Business users must have their business information verified by RepairCompare. This includes confirming the Australian Business Number (ABN) and the physical address. For this purpose business user uploads full business name and ABN. Upon successful completion of the verification process, business users will become a verified business. RepairCompare will reflect that verified status on the user's account and profile. Until the verification process is complete, business user will not be able to respond to tenders.
2. RepairCompare may use any appropriate icons, images or text on the business profile and in quotes submitted by a verified business to differentiate them from a business user who has not been verified. RepairCompare may modify the icons, images or text used to differentiate verified businesses on the RepairCompare Site at any time.
1. A Job is secured once the User accepts the Provider's Quote. The fee will be deducted from the Providers credit card into an account held by RepairCompare.
2. RepairCompare will charge the Booking Fee to the Provider for each Job for which the Provider provides a successful Quote.
3. RepairCompare’s Booking Fee is:
|Quote Amount||Deposit Fee (Ex GST)|
|$0 to $250||10% of the value from $0.01-$250, with a minimum fee of $5|
|$251 to $500||8% of the value from $251 - $500, plus 10% of the remaining match value balance($0.01-$250)|
|$501 to $2,500||6% of the remaining match value balance ($501 - $1,500), plus 8% of the remaining match value balance($251 - $500.00), plus 10% of the value from $0.01-$250|
|Over $2,500||Quotes Above $2,500 - 4% of the remaining match value balance over $2500, 6% of the remaining match value balance ($501-$2,500), plus 8% of the remaining match value balance ($251 - $500), plus 10% of the value from $0.01 - $250.|
4. The Provider must only charge the User for an amount equal to the Quote price. And such payment from the User to the Provider is subject to the Provider Terms, and is to be made between the User and Provider directly.
5. Provider Quote amounts must be in Australian Dollars (AUD) and inclusive of GST and the Booking Fee. No GST or Booking Fee amount may be charged on top of your Quote price once your Quote has been accepted by the User.
6. RepairCompare may change the types and amounts of any fees it charges, the way it calculates fees at any time, and such changes may be for a limited time or on a permanent basis. Changes which are for a limited period will be announced and described on the Site, and any permanent changes will be announced on the Site and included in this Agreement
1. Users may cancel their membership at any point in time; however they will not be refunded for the remaining portion, if any, of the membership in accordance with the refund policy.
2. Business who wish to cancel their monthly billing membership must notify RepairCompare in writing via email@example.com 5 days prior to monthly billing cycle.
RepairCompare’s refund policy
1. You acknowledge and agree that booking fees are non-refundable at the time that payment is made. If you are dissatisfied with the RepairCompare Site or RepairCompare’s services and choose to discontinue using the RepairCompare Site, fees or other payments that you have made are not refundable.
2. Business users who choose to purchase training and certification courses are not entitled to a refund if they are unable to complete the training and certification course purchased. Furthermore, if business users fail to complete the certification examination to the standard of achievement set by RepairCompare, they are not entitled to receive a refund for the training and certification course. However, they may make further attempts at the examination until they reach the standard of achievement set by RepairCompare.
3. Business users who purchase verification are not entitled to receive a refund if verification is unsuccessful.
4. In the case of an event not specifically covered in the refund policy, refunds will be granted at the absolute discretion of RepairCompare. Refunds paid in accordance with this refund policy will be paid within 60 business days via the same method whereby the payment was made to RepairCompare in the first instance.
5. Users who claim an unauthorised refund from their credit card provider or bank without first contacting our customer support team will have their membership immediately suspended. RepairCompare may issue an invoice to the relevant user to recover up to the full value of any unauthorised refund. RepairCompare may engage a debt collection agency or use any other legal means to recover unauthorised refunds. RepairCompare is entitled to charge you interest and recover any costs incurred as a result of the unauthorised refund.
Breach of General Conditions of Use
1. In situations of breach of the General Conditions of Use, RepairCompare retains absolute discretion to immediately cancel or suspend your membership of the RepairCompare Site without notice to you. Without limiting other remedies available to RepairCompare, we may, at our absolute discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you.
- Money Back Guarantee (Ding-Gone’s refund policy 4) RepairCompare guarantees full money back guarantee for paid business clients who have taken up a paid full annual membership upfront within 30 days from the payment if:
- No tenders are received by the business who paid for the membership during the 30 day period commencing;
- No quotes are sent by the business who paid for the membership during the 30 day period commencing;
- Monthly memberships:
- Businesses who sign up for a monthly membership agree to be charged an agreed monthly rate on a monthly basis every 30 days.
- Duration of the membership is 12 months since the date the membership is activated.
- After 12 months business will be given an option to take up a new membership.
Money back guarantee does not apply to a monthly membership. Refund can be obtained by writing to firstname.lastname@example.org and requesting the refund.
30 day Money Bank guarantee (clause 1a) doesn’t apply to monthly memberships.
2. If your membership and use of the RepairCompare Site is terminated:
- You are no longer authorised to access the RepairCompare Site or use any other RepairCompare service with the email address you used to register with the RepairCompare Site or any other email address you possess; and
- You will continue to be subject to and bound by all restrictions imposed on you by the General Conditions of Use; and
- Termination of this agreement will not end those clauses that are capable of surviving the ending of this agreement.
3. In relation to business users, breach of the General Conditions of Use includes but is not limited to:
- Providing false or inaccurate information during registration or during the provision of quotes on the RepairCompare Site;
- Providing false or inaccurate information to RepairCompare’s employees or agents;
- Receiving in aggregate more than 2 negative feedback ratings or complaints from other RepairCompare Site users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you're out policy);
- Acting as an agent of another business or individual who is not a current paying user of the website without the written approval of RepairCompare; and
- Submitting quotes via any means to any other person or entity for work that the business user is not qualified or licenced to perform.
- Sharing identifiable information (such as logos, imagery, business names, phone numbers, email addresses or other contact information) during the customer’s quote assessment.
Cancellation and Complaints
1. Transactions facilitated through the Site and System are final, and no cancellations can be made through the Site or System. If a Provider wishes to cancel a Job, or cannot complete a Job as the case may be, then the Provider’s Terms shall determine the procedure and any rights and remedies available to the parties.
2. If there is a dispute that arises between the User and the Provider relating to a Job and RepairCompare substantiates a complaint by a User which indicates Provider has demonstrated poor conduct then RepairCompare may suspend, terminate, or impose additional obligations on the Provider’s account without notice.
3. Providers are entitled to reply to any customer complaints left on their publicly available feedback profile. Any responses that breach RepairCompare’s website rules may also result in suspension, termination or additional penalties on the Provider’s account without notice.
4. Providers waive any right to make a claim against RepairCompare for money or monies worth that relates to the User’s or the Provider’s obligations or rights to complete a Job, as it is the Providers sole responsibility to determine such rights in the Provider’s Terms.
RepairCompare’s customer support and complaints policy
1. RepairCompare will attempt to resolve any customer complaints and answer any enquiries within 1 business day. Complaints or enquiries should be directed via email to email@example.com. All complaints and enquiries are logged by RepairCompare’s customer relationship management software. RepairCompare may take into account your technical complaints or product developments suggestions when deciding on future software updates, however RepairCompare is under no obligation to do so.
2. All complaints are reviewed by RepairCompare customer support representatives and may be referred to a manager for resolution if required.
3. RepairCompare reserves the right not to respond to complaints or enquiries that offend RepairCompare’s employees or agents. RepairCompare reserves the right not to respond to complaints or enquiries made by individuals who are not current users of the RepairCompare Site, or have been suspended from the RepairCompare Site.
RepairCompare’s dispute resolution policy
1. RepairCompare will use reasonable endeavours to mediate any dispute concerning the use by parties of the RepairCompare Site. Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
1. RepairCompare may choose to run promotions or competitions, whereby prizes or other gifts may be awarded. RepairCompare reserves the right to implement special terms and conditions for promotions or competitions. At the relevant time, those special terms and conditions will be published on the RepairCompare Site.
2. If any clause of this agreement is found to be invalid, that clause shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
3. The laws governing this agreement will be the laws in Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and the Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Queensland.