Terms of Service

1. Description of the Service

The Service is a software-as-a-service (SaaS) platform designed for licensed motor car traders (LMCT holders) and related businesses in Victoria, Australia. It provides tools for vehicle inventory management, dealing book records, document generation (including PDFs), PDF import for vehicle data, and related dealership workflows. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, subject to our obligations under applicable law.

2. Eligibility and Authority

You represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms. If you are accessing or using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” and “your” will be deemed to include that entity.

3. Account Registration and Security

You agree to provide accurate, current, and complete information during registration and to maintain and promptly update your account details. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@fridaytech.com.au if you become aware of any unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this clause.

4. Your Compliance Obligations

As a user of the Service (including where you hold or act in connection with an LMCT), you acknowledge that you are solely responsible for compliance with all applicable laws, including the Motor Car Traders Act 1986 (Vic), the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), and any other relevant legislation or regulations. Without limiting the foregoing, you agree that:

• All vehicle listings, advertisements, and records you create or maintain through the Service must be accurate, not misleading, and compliant with applicable law.
• Your dealing book and related records must satisfy the requirements imposed on you under Victorian and Commonwealth law.
• You hold, and will maintain for the duration of your use of the Service, any licence or authority required to conduct your business (including a valid LMCT where applicable).
• Any personal information you collect, use, or disclose in connection with the Service (including in relation to buyers and sellers) is collected, used, and disclosed in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

The Service is provided as a tool to assist with record-keeping and workflow; it does not constitute legal, compliance, or professional advice. We do not guarantee that your use of the Service will result in compliance with any law. You remain solely responsible for your legal and regulatory obligations.

5. Fees and Payment

Access to the Service is offered on a subscription basis. Fees are displayed in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. Subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel in accordance with our Refund & Cancellation Policy. You are responsible for all taxes (other than our income taxes) that may apply to your use of the Service. We reserve the right to change our fees upon reasonable notice; continued use of the Service after a fee change constitutes acceptance of the new fees.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. A breach of the Acceptable Use Policy constitutes a breach of these Terms. We reserve the right to suspend or terminate your access to the Service, with or without notice, in the event of a breach of these Terms or the Acceptable Use Policy.

7. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, designs, text, graphics, logos, and trademarks, are owned by or licensed to us. Nothing in these Terms grants you any right, title, or interest in or to the Service or our intellectual property except the limited right to access and use the Service in accordance with these Terms. You retain ownership of the data and content you upload to the Service (“Your Data”). By using the Service, you grant us a non-exclusive, royalty-free, worldwide licence to host, store, process, and use Your Data solely to the extent necessary to provide, maintain, and improve the Service and to comply with our legal obligations.

8. Data and Privacy

Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy. By using the Service, you consent to such collection, use, and disclosure in accordance with the Privacy Policy and applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, we exclude all implied warranties, conditions, and representations. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your access to or use of (or inability to access or use) the Service. Our total aggregate liability in respect of any and all claims arising out of or in connection with the Service or these Terms is limited to the amount paid by you to us in the 12 months immediately preceding the first event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, or other right or remedy that cannot be excluded, restricted, or modified under applicable law (including the Australian Consumer Law). Where our liability cannot be excluded, our liability is limited to the maximum extent permitted by law (including, where applicable, to the re-supply of the Service or the cost of re-supply).

10. Disclaimer

The Service is provided “as is” and “as available”. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not provide legal, financial, tax, or compliance advice. Documents and data generated by or through the Service (including PDFs and dealing book records) are produced on the basis of the information you provide; you are responsible for verifying their accuracy and suitability for your purposes before use.

11. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access to the Service immediately, with or without notice, if you breach these Terms or the Acceptable Use Policy, or for any other reason we consider appropriate in our sole discretion (subject to applicable law). Upon termination, your right to access and use the Service ceases immediately. We may retain Your Data and other information for a reasonable period in accordance with our Privacy Policy and our legal, regulatory, and dispute-resolution obligations.

12. Amendments

We may amend these Terms from time to time. We will notify you of material changes by email or by a prominent notice within the Service. The amended Terms will be effective upon the date specified in the notice (or, if no date is specified, upon posting). Your continued use of the Service after the effective date constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must cease using the Service.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia for the determination of any dispute arising out of or in connection with these Terms or the Service.

14. General

If any provision of these Terms is held to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings.

15. Contact

For enquiries regarding these Terms, contact us at support@fridaytech.com.au.