Terms of Use

Introduction
1. We, Mobile Auto Tech Expert Pty Ltd ACN 685 827 721 (MATE, we or us), operate a website, located at askmate.com.au and related URLs, and application that assists users with repair diagnostics, vehicle monitoring and vehicle maintenance (Platform). These Terms apply the Platform, including any related online communications with us (our Services).
2. These terms and conditions incorporate by reference and are to be read in conjunction with our Privacy Policy, Returns Policy, Shipping Policy and any other terms or policies as specified by us and linked in our Services from time to time (collectively, the Terms). For the avoidance of doubt, the aforementioned policies from part of the Terms.
3. These Terms apply to your access, use, viewing, visiting, and other use of our Service, including contacting us through the Services.
4. By accessing, viewing, using or visiting our Services, making a purchase through our Services or otherwise interacting with our Services, you (you or the Customer) agree to be legally bound by these Terms and accept these Terms as a condition of access to the Services and sale of products to you (if applicable). If you do not agree to these Terms, you must immediately cease access to the Services.
Service
1. Our Services are intended to be used by users aged 18 years of age or older in Australia or by users that have received parent or guardian consent to use the Services. By accessing the Services, you warrant and represent to us that you are at least 18 years of age or have received parent or guardian consent to use the Services. We do not represent that our Services are appropriate, relevant or suitable for any users outside of this scope.
Subscription
1. Some features of the Services may only be accessed by purchasing a Subscription Package from us (Subscription Packages). Our Subscription Packages offer different features and may have different billing cycles or payment options. We recommend reviewing the details of your chosen package carefully before confirming your subscription.
2. You may purchase a Subscription Package (Subscription) by selecting your chosen Subscription Package, following the prompts in the Services to make the purchase, and paying the fees specified for your chosen Subscription Package plus any applicable duties, taxes and bank fees (Subscription Fees).
3. By purchasing a Subscription, you authorise us to charge the Subscription Fees to your chosen payment method automatically, based on the billing cycle of your purchased Subscription Package. Your Subscription will automatically continue unless changed or cancelled through the Services.
4. You may cancel your Subscription for the next billing period any time prior to the end of the then-current billing period. Your Subscription will continue to be effective until the end of your then-current billing period and cease at the end of the then-current billing period.
5. You must ensure that any payment and billing details you provide to us are kept up to date and accurate by updating these details in the Services.
6. If your payment method cannot be processed, your Subscription will be cancelled at the end of the then-current billing period, and you may be charged for any overdraft fees or other reasonable expenses.
7. Your Subscription will be active from the date that you purchase the Subscription, provided that we receive full payment of the Subscription Fees in cleared funds.
8. Purchasing a Subscription grants you a revocable, personal license to receive and/or use the inclusions purchased with your Subscription for from the date of purchase, for the period of your Subscription. If your Subscription allows additional users, the users you nominate in the Services by following the instructions specified in the Services, are also granted the above license with respect to their account, provided that they also agree to these Terms.
9. We reserve the right to revoke the license granted under this clause in accordance with clause 23.
10. If you do not have an active Subscription with us, please note that we reserve the right to amend the Subscription packages at any time, including their pricing and inclusions, by updating the Services.
11. If you have an active Subscription with us:
  - We reserve the right to amend your Subscription at any time (other than the price) by providing written notice in writing to you, and you may notify us to cancel your Subscription package in writing if you do not agree to the change within 14 days of such notice. If you do not provide us with such notice to cancel within this time frame, you are deemed to have accepted the amendment.
  - We reserve the right to alter the pricing of a Subscription package by providing at least 14 days' written notice to you. If you do not agree to the price change, you must notify us or cancel through your Account Settings prior to the next billing date, otherwise you will be deemed to have accepted the updated price.
Account, Privacy and Personal Information
1. In order to access some features of our Services, you may be required to register an account with us by completing the relevant sign up form, which will require you to provide information such as your name, address, email address and phone number or register an account with us. Any personal information you provide to us via the Services is subject to our Privacy Policy.
2. You are solely liable for any activity that occurs on your account with us or associated with your email and for maintaining the security of your account details and credentials, including passwords. You must ensure that there is no unauthorised access of your account by any third party. You must notify us immediately if you suspect any unauthorised use of your account or if you believe your account is no longer secure.
3. If your Subscription includes additional users, then you must follow the instructions provided in the Services to add such additional users correctly and they should not use your account credentials.
Your warranties and obligations
1. You warrant and represent to us that:
  - you have legal capacity and authority to enter into and be bound by these Terms;
  - all information provided by you to us is true, accurate, current, complete and free from error;
  - you will maintain the accuracy of any information provided to us;
  - you will not use a false identity or contact details, impersonate any other person or misrepresent your identity;
  - you will only use the Services for legitimate purposes, including making legitimate enquiries or Orders; and
  - you will act courteously, respectfully and politely in all communications on or in connection with the Services and/or the Goods.
2. You must not, directly or indirectly, or encourage or enable any other party to use the Services:
  - to mislead, deceive, scam or gain unfair advantage of any other person;
  - to discriminate against any person, including based on race, sex, sexual orientation or identity or disability;
  - to harass, intimidate or incite violence;
  - to spam other users of the Services or the public;
  - to spread any political or religious beliefs;
  - for any illegal purpose, including any fraud or grooming or to violate any law or regulation;
  - for any purpose that would breach our rights or any third-party rights, including any intellectual property rights such as copyright or defamation; and
  - in any manner that may damage our reputation or that of the Services or otherwise bring us or the Services into disrepute or negatively affect our goodwill or the goodwill of the Services.
3. You must not, actually or attempt to, directly or indirectly:
  - license, sell, lease, rent, assign, distribute or otherwise commercially exploit the Services;
  - reverse engineer, decompile, disassemble or otherwise attempt to derive the Services or the source code, algorithms or underlying ideas of the Services or any part of the Services or create derivative works from the Services or its content;
  - use any meta tags or other hidden data containing our brand, trademarks (whether registered or unregistered), URL, logo or logo URL without our prior written consent;
  - embed, display, mirror or frame the Services or any element of the Services on any other website or place, without our prior written consent;
  - use any device, software or other method or technologies to access, collect, monitor, scrape information or data, whether from the Services or from other users of the Services or otherwise interfere with the proper function of the Services;
  - upload or otherwise transfer to any other person via the Services or using the Services, any malicious content or technologies, including any trojans, viruses;
  - circumvent any feature of the Services, tamper with or gain unauthorised access to the Services or any part of the Services or otherwise breach any security or authentication measures within the Services, including by hacking or password mining;
  - copy, reproduce, alter, adapt, disseminate, modify, republish, distribute, display or otherwise transfer for commercial or public purposes, the Services; or
  - use any means to impose an unreasonable load on the infrastructure or bandwidth of the Services or its related systems or networks, including testing the Services for vulnerabilities without our prior written consent.
Use of Services and AI features
1. The Services are provided to assist in managing and diagnosing vehicle-related concerns and are intended to provide guidance and support only. They are not a substitute for professional advice, inspection, or servicing and should not be relied upon exclusively for critical decisions or safety-related assessments. It is your responsibility to consult a qualified mechanic or automotive technician before making decisions about vehicle maintenance or repair.
2. The Services may incorporate artificial intelligence (AI) to provide diagnostic suggestions, insights, or recommendations. While we strive to ensure the accuracy and reliability of information provided through AI features, such content is generated algorithmically and can make mistakes.
3. Information made available through the Services is general in nature and may not reflect specific environments, current conditions, professional standards, or individual vehicle-specific nuances. We do not guarantee the correctness, completeness, or suitability of AI-generated information, and you must exercise independent judgement before relying on such outputs.
4. It is your sole responsibility to determine the suitability of the Services for your individual needs and vehicle specifications. We do not make any guarantees regarding compatibility or effectiveness of the Services or information provided via the Services for all circumstances.
5. To the maximum extent permitted by law, we are not liable for any loss, damage, or adverse outcome resulting from reliance on the Services or AI-generated content. The use of these features is entirely at your own risk.
6. Any forecasting, including expense forecasting, provided under the Services is an estimate only and does not take into account external factors or specific circumstances that may affect such forecasts.
Data usage
1. By using the Services, users acknowledge and agree that certain data may be collected, stored, and used to provide, improve, and personalise the Services. This may include diagnostic data, usage statistics, and interactions with features.
2. We will handle all personal information in accordance with applicable privacy laws and our Privacy Policy. You are encouraged to review the Privacy Policy to understand how their data is managed, protected, and used.
On-Board Diagnostic Device
1. If you use or connect a MATE On Board Diagnostics device (Device) with or to the Services, this clause 8 applies.
2. The Device must be used with the Services only and is not intended for use with any other application, platform, software or similar technology (Technology). MATE disclaims all liability for any use of the Device with any such technology other than the Services. Use of the Device with Technology other than the Services is at the user's own risk.
3. The Device is designed solely to assist users in identifying, diagnosing, and monitoring potential repair and maintenance issues relating to their vehicle's mechanical, electrical, and electronic systems. This includes, but is not limited to:
  - retrieving diagnostic trouble codes;
  - monitoring system performance and sensor data;
  - providing alerts or recommendations based on detected anomalies; and
  - supporting routine maintenance scheduling.
4. The Device is not intended to replace professional mechanical advice, nor does it guarantee the accuracy or completeness of diagnostic outcomes. Users should consult a qualified technician before undertaking any repairs or modifications based on information provided by the Device.
5. The Device may collect vehicle and diagnostic data which may be transmitted securely to improve Services, personalise user experience, or support future updates. By using the Device, you expressly consent to such collection and disclosure of data in accordance with our Privacy Policy.
6. You acknowledge and agree that the Device is designed for use in accordance with the documentation and instructions supplied with the Device. Users are solely responsible for ensuring that the Device is compatible with their vehicle and is used strictly in accordance with provided instructions and intended functionality.
7. To the maximum extent permitted by law, MATE is not liable for any claim, action, expense, damage, injury, malfunction, loss of data, compromise of data or loss, including any damage caused to any equipment or vehicles that the Device is used on, caused by or arising in connection with any:
  - user error, incorrect installation or negligent use or installation of the Device;
  - use of the Device or Services on unsecured networks;
  - misuse, improper use or handling of the Device;
  - use or installation of the Device not in accordance with documentation or instructions;
  - tampering with or modification of the Device unless expressly permitted by MATE;
  - use or misuse of the Device for unlawful purposes; or
  - use of the Device in vehicles or applications for which it was not designed or intended.
8. You, and any person using the Device, must obtain all necessary consents prior to using the Device in vehicles owned or operated by third parties. Unauthorised tracking, monitoring, or data collection may contravene applicable privacy laws or other local regulations.
9. We employ reasonable safeguards such as on-device encryption and SSL transport to protect the Device and associated Services from unauthorised access, interference or tampering. However, users are responsible for maintaining the security of their own systems, vehicles, networks and devices.
10. You must not, and must not allow anyone else to, attempt to reverse engineer, modify, decompile, or otherwise tamper with the Device or Services. Any such unauthorised activity may result in termination of access and may be subject to legal action.
11. To the maximum extent permitted by law, MATE is not liable for any claim, action, expense, damage, injury, malfunction, loss of data, compromise of data or loss, including but not limited to, any damage caused to any equipment or vehicles that the Device is used on, caused by or arising in connection with any:
  - misuse of GPS functionality, including (but not limited to) unauthorised surveillance, data interception, or breaches of location-based privacy rights;
  - use of GPS features for any purpose other than those expressly intended;
  - misuse, misapplication, or unauthorised operation of the Device; or
  - unauthorised access, hacking, malware, or other forms of interference.
Updates
1. We may periodically release firmware updates or automated diagnostic protocols to improve the performance, security, or functionality of the Device and Services. Users acknowledge and agree that such updates may be automatically applied or require manual installation.
2. MATE is not liable for any issues arising from a user's failure to install updates or interference with the update process. Failure to maintain current versions may result in degraded performance, exposure to security vulnerabilities, or termination of access.
3. Users are responsible for ensuring timely installation of updates and for maintaining the integrity of their systems to prevent unauthorised access, malware, or other forms of interference.
4. To the maximum extent permitted by law, MATE is not liable for any claim, action, expense, damage, injury, malfunction, loss of data, compromise of data or loss, including but not limited to any damage caused to any equipment or vehicles that the Device is used on, caused by or arising in connection with:
  - a user's failure to install updates;
  - a user's delay in installing and applying updates;
  - interference with, or circumvention of, the update process;
  - continued use of outdated or unsupported versions of the Device or Services.
Booking Services
1. Users may access features within the Services that allow for the booking of services such as maintenance, inspections, or repairs for your vehicle. These bookings may be facilitated directly by independent third-party providers or through integrations with external systems of independent third-party providers (3P Providers).
2. While we may assist in connecting users to 3P Providers, the actual performance of vehicle services is carried out by 3P Providers who are not controlled or operated by us. We do not endorse, control, or guarantee the quality, reliability, or legality of the services rendered.
3. You acknowledge and agree that any contract or arrangement for such services is between you and the relevant 3P Provider.
4. All bookings are subject to confirmation, availability, and the 3P Provider's own terms. We do not guarantee the acceptance, availability, or accuracy of any booking information provided via the Services. You are solely responsible for verifying booking details before proceeding with any service appointment.
5. When you book a service through the Services, certain vehicle or diagnostic data may be shared with the selected 3P Provider to assist in preparation or service delivery. By booking with a 3P Provider through the Services, you expressly consent to the disclosure of information associated with your account with us to the 3P Provider, in accordance with our Privacy Policy. Such information may include vehicle make/model, identified issues, and general location where relevant.
6. To the maximum extent permitted by law, we are not liable for any act, omission, delay, or negligence on the part of 3P Providers. We disclaim responsibility for any loss, damage, or inconvenience resulting from booked service appointments, cancellations, errors in booking, or the outcome of work performed.
Goods
1. Our Services may allow for the purchase of goods (Goods).
2. You acknowledge and agree that:
  - all pictures, images, video and other media of Goods displayed in the Services are for illustrative purposes only;
  - any accessory or decoration featured with the Goods is for illustrative purposes only and is not included in the purchase unless specified in the Good description; and
  - despite our efforts to provide accurate images of Goods, colours may vary from the displayed media of a Good due to specifications of different monitors and devices.
3. We reserve the right, in our sole discretion, to restrict the quantity of Goods which can be purchased in an Order or during a particular period of time or per person or per address.
4. We may withdraw or suspend from sale any Good displayed on our Services, temporarily or permanently, at any time and without notice.
Orders
1. By placing an order via the Services, you are making an irrevocable offer to us to purchase the Goods of the quantity and for the price specified in the order, plus any applicable delivery fees, bank or transaction fees, taxes, customs charges and duties (Order).
2. Each Order that you place constitutes a separate contract with us. All Orders are subject to our acceptance of the Order and availability of Goods.
3. You warrant and represent to us that:
  - you will only use the Goods for personal, non-commercial use and that they will not be re-sold commercially without our prior written consent;
  - in paying or attempting to pay for an Order, you agree that you will not/have not breached any law, infringed any third-party right or engaged in any fraudulent conduct; and
  - you will not make any speculative, fraudulent or false Orders or request a chargeback for the Order.
4. Orders are deemed to be accepted by us at the later of:
  - the date that we send an order acceptance confirmation email to your nominated email address; and
  - the date that we receive full payment in cleared funds, without set off, from you.
5. It is your sole responsibility to ensure that you have provided the correct contact and payment details at the time of placing your Order.
6. We reserve the right to reject or cancel an Order for any reason, in our sole discretion, including where actual shipping fees exceed estimated shipping fees, provided that we provide you with a refund for the Order.
Cancellation
1. Any Order cannot be cancelled once submitted. Please ensure to carefully check that your Order and details are correct before submitting it to us.
2. Whilst we use reasonable endeavours to process Orders placed with us, we may need to cancel an Order because of certain circumstances, such as where we are unable to get in contact with you regarding your Order or other factors outside of our control. We reserve the right to cancel any Order at any time, in our sole discretion, by written notice to you.
3. If you have already made payment for an Order at the time we cancel an Order, you will be refunded to your original method of payment as soon as practicable. We will not be liable to you or any other third party for any cancellation of an Order or withdrawal of Goods from the Services.
Price and payment
1. All prices are in Australian dollars, and if GST applies, is inclusive of GST.
2. Accepted payment methods are specified at checkout and may be subject to change. You agree to any third-party terms and conditions or policies applicable to the payment method you choose.
3. If your payment method cannot be processed, we will notify you and reject your Order until you provide a valid payment method.
4. Goods are sold for the price specified in the Services, except in cases of genuine human or system error.
5. If we discover an error in the price of any Good you have ordered, we will notify you at your nominated email address as soon as practicable and may either reject and refund that part of the affected Order, or give you the option to reconfirm the Order for the affected Good at the correct price or cancel that part of the affected Order. If we do not receive a response from you within 5 days of notifying you, the Order for that Good will be treated as cancelled and any amounts already paid for that Good will be refunded. We will fulfil the rest of your Order for unaffected Goods. We are under no obligation to provide Goods to you at an incorrect price due to error.
6. We reserve the right to change or update our prices for Goods at any time, such changes will be applicable to Orders made after the change or update.
Delivery
1. Delivery of Goods is subject to our Shipping Policy.
Returns
1. Returns of Goods are subject to our Returns Policy.
Promotions and offers
1. We may offer special promotions, offers, discounts and sales for Goods (Offers) from time to time in the Services, in-store or via a promotional code to be used at check out. Offers may be subject to additional terms and conditions as specified with the offer, which may include exclusions or other limitations.
2. Unless otherwise stated, Offers are not applicable in conjunction with any other Offer.
3. Unless otherwise stated, all references to times and dates in any Offers are based on Australian Eastern Standard Time in New South Wales, Australia.
Intellectual property
1. All intellectual property rights in the Services and content within the Services, such as text, graphics, logos, images, including trademark, copyright and database rights, are solely owned or licensed to us. All rights not expressly granted to you under these Terms are reserved by us and/or our licensors.
2. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services for the purposes set out in these Terms only. You must not use the Services or the content within the Services for any commercial purpose without obtaining prior written consent from us. The License may be revoked by us at any time, for any reason in our sole discretion, including for any breach of these Terms.
3. You must not use our name, trademark, logo or any other proprietary information or intellectual property owned or licensed exclusively to us, without our prior written consent.
User Content
1. Some features of our Services may allow you to upload, post, share, publish or otherwise make available content, information, data, images, video or other content within the Services (User Content), which may be accessible by us, other users of the Services and/or the public. This may include leaving reviews or ratings in our Services.
2. You grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display and perform the User Content on or in relation to the Services, including in our social media, advertising, marketing, promotional, publicity or other media channels (User Content License).
3. Except as expressly granted under the User Content License or as otherwise stated, these Terms do not transfer any rights in ownership or intellectual property in the User Content to us or any other person.
4. You are solely liable for any User Content you make available through the Services. You warrant and represent to us that:
  - the User Content will comply with these Terms and will not cause you to breach these Terms, including your warranties and obligations;
  - you waive all moral rights with respect to the User Content;
  - you have consent of any person appearing in or whose likeness or image is in, the User Content;
  - you are the sole and exclusive owner of the User Content, or you have the right, licence, authority, consent, release or anything necessary to grant us the User Content License; and
  - the User Content or any exercise of any rights granted under the User Content License, will not infringe, breach, misappropriate or breach any law, government regulation or guideline, including any Australian Consumer Law, or third party right, including any intellectual property right such as copyright, trademark, trade secret, patent, design right, moral right, or any other right such as defamation, privacy or tort.
5. We reserve the right to remove any User Content, in our sole discretion and for any reason.
Suggestions and features
1. We welcome any feedback, comments, improvements, modification to the Services, feature requests, bug fixes and suggestions to change or improve the Services (Feedback). We may, but we are not obliged to implement any such Feedback. You agree that if you provide us with any Feedback:
  - you will not take any action against us, including making any claim of ownership of any intellectual property in the Feedback, for implementing, utilising or otherwise dealing with any Feedback;
  - you grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display or perform the Feedback for any purpose; and
  - you irrevocably transfer all right, title and interest in, and any intellectual property rights in the Feedback to us.
Linking and sharing
1. Subject to your compliance with these Terms, you may link to our Services. We may revoke permission to link to our Services at any time. You must not suggest any form of association, approval or endorsement by us without our prior written consent, which may be revoked at any time.
Third party links and social media
1. Our Services may contain links to websites or applications controlled and operated by third parties from time to time (3P Sites). We make no representations or warranties as to, and will not be liable for, the content, accuracy, currency, reliability or availability of any 3P Sites.
2. We use a number of social media platforms such as Instagram and Facebook (Meta), however such platforms are governed by their own terms of use.
3. We do not endorse, support, sanction, encourage, verify or necessarily agree with the content of such 3P Sites or any comments, opinions or statements made by any users on 3P sites or social media platforms. The 3P Sites may be subject to their own terms and conditions and policies and it is your sole responsibility to ensure you are aware of such terms and policies and that you agree to them prior to accessing or using such 3P Sites.
Termination
1. These Terms are effective unless and until terminated under this clause.
2. Either party may terminate these Terms (or any of the other terms and conditions incorporated in these Terms) immediately upon written notice if the other party:
  - materially breaches these Terms, and the breach is remediable and is not remedied within 30 days of being given written notice of the breach by the party; or
  - materially breaches these Terms, and the breach is not remediable.
3. We may terminate these Terms (or any of the other terms and conditions incorporated in these Terms), revoke the license granted under clause 3.7 or suspend access to the Services for any reason in our sole discretion with notice to you, provided that we:
  - if applicable, fulfil any Orders placed by you prior to the date of termination, or refund amounts paid by you for any unfulfilled Orders at the date of termination; and/or
  - if applicable, provide a pro-rated refund of any pre-paid Subscription Fees for any remaining period of the Subscription.
4. We may immediately terminate these Terms (or any of the other terms and conditions incorporated in these Terms), suspend your access to the Services or access to the Services by any user you nominate, revoke the licence granted under clause 3.7, cancel your Subscription or cancel or refuse to process payment of any Orders or part of any Orders, without notice if and without refund or further liability to you, or if we suspect, that you have, or any user nominated by you has:
  - breached any term or warranty of these Terms (including any policies referenced in the Terms);
  - breached any law or are suspected of breaching any law;
  - participated in fraudulent or unusual activity, including where your Order triggers fraud prevention protocols;
  - engaged in any scam, spam or are suspected scam or spam; or
  - engaged in any deceptive, misleading or improper conduct.
5. The obligations and liabilities incurred prior to the termination date will survive termination of these Terms.
Disclaimers
1. The Services are provided on an ‘as-is' and ‘as available' basis for general information purposes only and, to the maximum extent permitted by law, without warranty of any kind, whether express or implied.
2. We do not guarantee, represent or warrant that the Services or any content within the Services will be available, secure or uninterrupted. We reserve the right to remove the Services for any period of time, or cancel the Services at any time, without notice.
3. We make no warranties or representations that the Services or any content in the Services will be free from error, or as to the accuracy, completeness or currency of any content made available in the Services.
4. The content and material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without seeking further professional advice. Any reliance on the Services or content within the Services, is at your own risk. To the maximum extent permitted by law, we disclaim all liability arising from any reliance on any such content or the Services and we are not responsible or liable to you or any other party for any reliance on such content.
5. No advice or information obtained through the Services creates any warranty unless expressly stated in writing.
Corrections and support
1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel orders if information within the Services, an Order or on any related website, is inaccurate or incorrect without prior notice (including after you have submitted an Order) including where such errors or inaccuracies relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability.
2. We do not have any obligation to provide technical support or maintenance in connection with the Services.
Indemnity
1. We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising due to our breach of these Terms.
2. You agree to indemnify and hold harmless, MATE, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:
  - your actual or suspected breach of these Terms or any warranty or representation under these Terms being untrue or inaccurate; and
  - your actual or suspected breach of any law, or infringement of any third-party right.
Limitation of liability
1. Nothing in these Terms operate to exclude, restrict or modify any warranties, conditions, guarantees, rights and remedies that which cannot be excluded, restricted or modified by law, including Australian Consumer Law (Non-Excludable Rights). To the extent that such legislation applies, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
2. To the maximum extent permitted by law and to extent that such Non-Excludable Rights and remedies apply, our liability is limited to:
  - the resupply of the relevant services;
  - replacement (where possible) for the Goods or an equivalent Good; or
  - a refund for the amount paid to us for the relevant Good.
3. Except for Non-Excludable Rights and to the maximum extent permitted by law, we exclude all implied terms and warranties, whether statutory or otherwise, in connection with the Goods.
4. Use of the Services is entirely at your own risk. To the maximum extent permitted by law, we agree that you will not be liable to us or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
  - our breach of these Terms; or
  - our breach or suspected breach of any third-party rights,
  - the use of or reliance on the Services;
  - use, misuse, or inability to use the Device or Services, including but not limited to damages resulting from data loss, system failure, or vehicle malfunction,
  except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.
5. To the maximum extent permitted by law, you agree that MATE, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any Liability, whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
  - your breach of these Terms;
  - your reliance on the Services without seeking proper and qualified advice;
  - our cancellation of an Order, other than to the extent that a refund for amount paid by you for that Order is payable;
  - your use of the Goods in a manner other than in accordance with any applicable terms and conditions, guidelines, instructions, license or these Terms;
  - your breach or suspected breach of any third-party rights;
  - any goods or services provided by any 3P Provider;
  - any act or omission of any 3P Provider;
  - any unauthorised use or access to your device for use of the Services;
  - any unauthorised use or access to any Device or vehicle;
  - the availability of the Services or any Goods;
  - the withdrawal or suspension of sale of a Good; or
  - any delay or failure to process your Order or deliver Goods due to inaccurate incomplete details provided in an Order,
  except to the extent that such Liabilities were caused by our gross negligence or fraud.
6. To the maximum extent permitted by law, each party's total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to us by you for Goods, within the six (6) months immediately preceding the event giving rise to the liability.
7. To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from any denial of service attack, virus, trojan, or any other software or material which is malicious or technologically harmful to you, your device, data or material including in connection with your access or use of our Services.
8. To the maximum extent permitted by law, neither party will not be liable to the other, whether in contract, in tort (including negligence), under statute or otherwise, for any loss, costs, expenses, claims or damages for or in relation to indirect or consequential losses, including loss of revenue, profits, savings, chance, business opportunity, goodwill or reputation.
9. Each party must use reasonable endeavours to mitigate losses it suffers in connection with or arising out of these Terms. Each party's liability is reduced proportionally to the extent that any act or omission by the other party caused or contributed to the act or omission giving rise to the liability.
Force Majeure
1. We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).
2. Our performance under any contract will be deemed to be suspended for the period of the Force Majeure Event. If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.
Dispute Resolution
1. This clause does not apply to disputes between MATE and the Customer with respect to non-payment by a Customer. For the avoidance of doubt, MATE may take any action it deems necessary to enforce its right of payment under these Terms.
2. Except as set out in clause 29.1, the parties shall endeavour to settle any dispute arising out of or relating to these Terms, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).
3. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).
4. The terms of the Guidelines are hereby deemed incorporated into these Terms.
5. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in Sydney, New South Wales, Australia.
6. The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).
7. The terms of the Rules are hereby deemed incorporated into these Terms.
8. The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.
General
1. Applicable laws and jurisdiction: These Terms and its subject matter, are governed and construed under the laws of New South Wales, Australia. You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of New South Wales, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.
2. Amendment:
  - We may delete, suspend, discontinue or restrict access or availability of, or change or update the Services or any part of the Services, in our sole discretion.
  - We reserve the right to amend our Subscription packages, including
  - We reserve the right, in our absolute discretion, to amend, remove or vary the Terms by updating these Terms on our Services. Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitutes acceptance of those changes. It is your responsibility to check, review and keep yourself up to date with these Terms. If you do not agree with such changes, you must immediately cease access to the Services.
3. Assignment: You must not assign, transfer or otherwise deal with these Terms without our prior written consent. A change of control within the meaning of the Corporations Act 2001 (Commonwealth) will be considered an assignment under this clause. Any purported dealing in breach of this clause will be void and of no effect. We may assign, novate, transfer, charge, sub-contract or otherwise dispose of these Terms at any time. For avoidance of doubt, your statutory rights as a consumer will not be affected by such disposal.
4. Entire Agreement: The Terms constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, agreements, whether written or oral.
5. Inconsistency: If there is any inconsistency between the terms of these Terms and any other terms between you and us, such other terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.
6. Notices: Any notice, demand, consent or other communication required under these Terms must be in writing and will be duly given when delivered personally to the recipient's address, by registered, tracked mail to the recipients address or by email to the recipient's email address.
7. Severability: If any term in these Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, then the relevant term is severed from the Terms.
8. Survival: Clauses 5 (Warranties), Clauses 12.3 (Warranties), 14 (Prices and payment), 15 (Returns), 18 (Intellectual Property), 19 (User Content), 23.5 (Termination), 24 (Disclaimers), 26 (Indemnity), 27 (Limitation of liability), 29 (Dispute Resolution), 30 (General) survive termination of these Terms.
9. Waiver: No failure or delay by either party in exercising any right, power, or privilege under these Terms will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law. A waiver will only be effective if made in writing and signed by the waiving party.
Contact us
1. To contact us, please email us at [email protected].