Terms and Conditions

These terms and conditions (Terms) are entered into between CarConex Pty Limited (we, us or our) and you,
together the Parties and each a Party. These Terms supplement and incorporate our Privacy Policy and any
website/app terms of use posted on the Platform.

We provide a platform where automotive service providers (including tradespeople and other skilled service people)
(Service Providers) and car owners/drivers (Customers) can connect and transact, and where Customers can find
Service Providers to provide automotive services (including washing, detailing, rebuilding, locksmithing, window
tinting, smash repairs and more) (Platform). The Platform is available through www.carconex.com.au and may be
available via The Apple App Store and Google Play Store, including through smartphone or other device applications.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Service
Provider; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity,
represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the
entity and the entity’s personnel to these Terms.

1. Acceptance

You accept these Terms by registering on the Platform, downloading or using the Platform, or using any services or
features made available through the Platform.

We may amend these Terms at any time by providing written notice to you (including by in-app notice, email, or
posting updated Terms on the Platform). By continuing to use the Platform after the notice or 30 days after notification
(whichever is earlier), you agree to the amended Terms. If you do not agree, you may terminate these Terms in
accordance with the Termination clause.

2. Platform summary

The Platform is a two-sided marketplace and directory that enables Customers to find and connect with Service
Providers and, depending on the features enabled from time to time, to request quotes, communicate, book, and/or
transact with Service Providers.

We provide the Platform to users (including hosting and maintaining the Platform) to enable Customers to browse
and interact with Service Providers and enable Service Providers to promote and offer their services.

You understand and agree that we only make available the Platform and platform-related services (the CarConex
Services). Unless expressly stated otherwise in writing by us:

  • we are not the provider of the automotive services offered by Service Providers;
  • we are not a party to any agreement entered into between a Customer and a Service Provider; and
  • we have no control over the conduct of Service Providers, Customers or any other users of the Platform.

Service Providers are independent contractors and are not employees, agents, joint venturers or partners of
CarConex.

There may be membership tiers and/or feature tiers for Service Providers and/or Customers as notified on the
Platform from time to time. Any such tiers, fees, and included features will be set out on the Platform or in additional
terms. To the extent of inconsistency between additional terms and these Terms, these Terms prevail.

We make no representation or warranty that any information uploaded to the Platform about a Service Provider (or
any Customer) is accurate. You must satisfy yourself as to the accuracy of any information published.

3. Accounts

You must register on the Platform and create an account (Account) to access certain features.

You may only have one (1) Account as a Service Provider and one (1) Account as a Customer, unless we agree otherwise in writing.

You must provide basic information when registering, including (as applicable) your business name (if a Service Provider), contact name, email address, and password. If a tier of membership or paid features apply, the price will be notified at the time of registration or purchase.

You agree to provide accurate, current and complete information during registration and to update it so it remains accurate, current and complete.

Your Account is personal and must not be transferred except with our written permission. If a legal entity creates an Account, that entity remains the Account owner.

You are responsible for keeping your Account details confidential and are liable for all activity on your Account. You must notify us immediately of any unauthorised use.

If you are a Service Provider, we may review your request for an Account before approval. We may request additional
information (including identity documents, proof of insurance, licensing documentation and/or a police check). If you
do not provide information we reasonably request, we may refuse to create an Account. If the information indicates
you are not fit and proper, we may refuse or remove your Account in our discretion.

We may make access to or use of certain parts of the Platform subject to conditions or requirements, including
identity verification, service quality standards, minimum ratings thresholds, or compliance checks.

4. Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such
as text message or email.

You consent to receiving communications that relate to your Account, Platform use, safety and security messages,
and Platform updates. Marketing communications (if any) will include a lawful opt-out mechanism.

5. Payment

5.1 Free use

The Platform is currently provided free of charge to Customers and Service Providers. We do not currently charge
subscription fees, listing fees, transaction fees, or booking fees for use of the Platform.

5.2 Future paid features

We may introduce fees in the future for some or all Platform features (including subscription plans, premium listings,
advertising options, lead/booking fees, or in-app payment processing) (Paid Features). If we do, we will:

  • clearly disclose the fees and any associated terms on the Platform (or in additional terms); and
  • provide notice of the change in accordance with the Acceptance clause.

5.3 Third-party payment processors (if enabled later)

If Paid Features are introduced, we may use third-party payment processors (for example Stripe). Any payment
method may be subject to additional terms imposed by the relevant payment processor. By making a payment
through a payment processor, you accept the applicable processor terms.

5.4 No refunds (unless required by law)

If Paid Features are introduced, fees will be handled according to the payment/refund terms displayed at the time of
purchase and any applicable consumer law rights. Unless required by law, payments may be non-refundable.

6. Platform features, tiers and upgrades (No paid tiers currently)

6.1 No active tiered subscriptions at present

The Platform currently does not operate paid membership tiers for Customers or Service Providers. Any references
to tiers, subscription options, credits, or paid upgrades apply only if and when such features are introduced and made
available on the Platform.

6.2 Future tiers / feature access

If we introduce tiers or Paid Features in the future, we may make access to certain Platform features subject to
conditions or requirements (including identity verification, service quality standards, response times, ratings
thresholds, compliance checks, or other criteria we determine acting reasonably). Details of any tiers, pricing,
inclusions, and eligibility requirements will be displayed on the Platform or set out in additional terms.

6.3 Directory listings and profiles

Service Providers may be displayed on the Platform as part of the directory/marketplace, and may be able to create
or manage profile information, photos, videos, deals, or other promotional content where those features are enabled.
We may reject, remove, or moderate content in accordance with these Terms.

7. Bookings, cancellations, refunds and disputes

The cancellation, variation or refund of any services ordered on this Platform is strictly a matter between the relevant
Customer and Service Provider.

For disputes between Customers and Service Providers, we encourage Parties to attempt to resolve disputes
(including claims for returns or refunds) with the other Party directly and in good faith. In the event that a dispute
cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed
between the Parties or otherwise in accordance with applicable laws.

We are not involved in any dispute resolution process between Customers and Service Providers.

8. Identify verification

If we choose to conduct identity verification or background checks on any Service Provider, to the extent permitted by
law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by
a Service Provider or guarantee that a Service Provider will not engage in misconduct in the future. Any verification of
Service Providers on the Platform is not an endorsement or recommendation that the Service Provider is trustworthy
or suitable. You should do your own due diligence before using a Service Provider’s services.

As a Service Provider, we may offer you the option of verifying your identity and/or validating your Account using a
third party verification service (Third Party ID Service).

Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may
contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity
Check); (2) Third Party ID Services may provide us with your personal information or sensitive information, and you
consent to us receiving and using this information to enable us to perform an Identity Check; (3) you will be charged a
non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform
the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the
Platform and these Terms.

Following a successful Identity Check, you acknowledge and agree that (1) we may permit you to use verification
signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been
performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the
relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then,
only where that individual is directly providing the relevant goods or services.

You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully
accurate, as they are dependent on the information provided by the relevant individual or business and/or information
or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and
you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of
the Platform.

9. Reviews

Customers may review their experience with the Service Provider on the Platform, including the services (each a
Review). Reviews may only be left by Customers and Service Providers who have registered for an Account on the
Platform.

Reviews about Service Providers can be viewed by any user and will remain viewable until the relevant Account is
removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue,
unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do
not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the
content of any Reviews.

You can write a Review about a Service Provider if you have had an experience with that Service Provider, which
means that (1) you have engaged the Service Provider through the Platform; or (2) you can otherwise document your
interaction with the Service Provider in relation to the Platform, including via correspondence (collectively referred to
as a Customer Experience).

You may not write a review about a Service Provider you have previously owned, currently own, or which an
immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for
the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own,
are employed by or work for.

Your Customer Experience or Service Provider Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Customer Experience or Service Provider Experience. You are not permitted to
write a Review about somebody else’s Customer Experience or Service Provider Experience, such as that of a family
member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service
Provider to write a Review, you should include information about this in your Review. Incentives include the Service
Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider on the
Platform.

10. Consent

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews
(User Content) on or through our Platform; and/or (2) access and view User Content and the content and information
we make available on the Platform (CarConex Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our
Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or
transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as
expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse
engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3)
breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the
Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from
the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable,
worldwide, non-transferable licence to use our Platform and access and view any Content solely for your personal
and non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written
consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and
licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to
provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.
You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all
rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as
contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or
receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe,
misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us
harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in
connection with the User Content you make available on or through the Platform, including as a result of an
Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your
specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the
accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty
regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform
up-to-date and we are not liable if any Content is inaccurate or out-of-date.

11. Warranties

You represent, warrant and agree that:

  • you will not use our Platform, including the Content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information, content, data and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  • where you are a Service Provider, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Quote; and
  • where you are a Service Provider, you are appropriately qualified, and have any required certifications, licences, skills, knowledge or training, to provide the services.

We make no warranty or representation that any of the information, content, data and documentation uploaded to our
Platform by any user is accurate and not misleading or deceptive. This extends to any content, data or information
generated or uploaded to this website by or on behalf of us and/or any third party and/or any User of the Platform.

12. Automated matching, ranking and platform integrity

CarConex may use computer programs and automated processes to help operate the marketplace, for example to:

  • match Customers with relevant Service Providers based on location, service type, availability, and preferences;
  • rank or recommend providers (for example, based on responsiveness, ratings, proximity, or other factors); and
  • detect suspected fraud, spam, or misuse.

These processes may influence what options you see, who receives a request, or the order results are displayed.

You acknowledge that search results, rankings, recommendations, and matching outcomes may be influenced by
these processes and by paid features or tier inclusions (where applicable and disclosed on the Platform). We do not
guarantee that matching or ranking outputs are accurate, complete, or suitable for your needs.

13. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth),
and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and
remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified
(Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under
the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is
governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services
(including the Platform) are provided to you without warranties of any kind, either express or implied, whether in
statute, at law or on any other basis.

As a Customer, the services and any goods provided by a Service Provider may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

14. Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and
release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • your or your personnel’s acts or omissions;
  • the use or results of any Third Party ID Service or Identity Check;
  • any use or application of the CarConex Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any aspect of the Customer and Service Provider interaction including the services offered by the Service Provider, the description of the services requested or offered, any advice provided or the performance of services;
  • any content, information, content, data and documentation that is uploaded to the Platform;
  • any works, services, goods, materials or items which do not form part of the CarConex Services (as expressed in these Terms), or which have not been provided by us;
  • any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  • the CarConex Services being unavailable, or any delay in us providing the CarConex Services to you, for whatever reason; and/or
  • any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

15. Third party content

You acknowledge that the Platform may from time to time contain information, data and content uploaded by third
parties (Third Party Content).

We do not in any way monitor the Third Party Content on the Platform and make no warranty as to the accuracy of
such Third Party Content. For that purpose, we are not liable or responsible for any matters pertaining from the Third
Party Content whether directly or indirectly.

You rely upon Third Party Content on this website at your sole and absolute risk and you acknowledge that we make
no express or implied representations as to the Third Party Content or the accuracy thereof.

You are responsible for making your own independent enquiries in respect of the Third Party Content on this
Platform. You acknowledge that the Third Party Content does not necessarily represent our view.

You release us and hold us harmless from any and all liability arising from any Third Party Content on the Platform.

You grant you grant us a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce,
modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any
medium, whether currently in existence or not.

We are not liable to you for any loss which may be occasioned by use of your uploaded data by a website user. You
acknowledge that you upload data to this website at your sole and absolute risk.

16. Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for Consequential Loss;
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions or that of your personnel; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the CarConex Services to you or, in our sole discretion, to us repaying you the amount of the Membership Credits paid by Service Providers to us in respect of the supply of the CarConex Services to which the Liability relates, or where there are no fees paid to us, such as is the case for Customers, $100.

This clause will survive the termination or expiry of these Terms.

17. Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account settings.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  • you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  • you repeatedly receive poor reviews;
  • there is any reason outside our control which has the effect of compromising our ability to provide the CarConex Services; or
  • you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  • are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  • are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  • we will remove your access to the Platform;
  • we will immediately cease providing the CarConex Services;
  • you agree that any payments made by you to us are not refundable to you;
  • where you are a Service Provider, you will lose any Membership Credits; and
  • where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

18. Service provider insurance

As a Service Provider, we may request that you provide evidence of your insurance. Where we do so, we are not
confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If
we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require
insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive
professional advice on the insurance you require.

19. General

Assignment:

You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes:

In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Service Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email:

You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us
from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that
document or information after transmission, for any delay or non-delivery of any document or information and for any
damage caused to your system or any files by a transfer.

Force Majeure:

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any
circumstance beyond our reasonable control.

Governing law:

These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the
exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those
courts and waives any right to object to proceedings being brought in those courts.

Notices:

Any notice given under these Terms must be in writing addressed to us at the address at the end of these
Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be
deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case
of transmission by email.

Relationship of Parties:

These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance:

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

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