Terms and Conditions

Here are our terms and conditions ("Terms"), contact us if you have any other questions. Thanks for connecting.

User Agreement: www.mywheelz.com.au

MyWheelz Pty Ltd ACN 169929355 ("MyWheelz", "we" or "us") operates an online platform allowing users ("User" or "You") to connect and perform business and personal services and outsource tasks and buy and sell goods through MyWheelz’s platform including through our website.

Use of the MyWheelz Platform or use of the MyWheelz Services confirms that you agree to be bound by this Agreement.

1. SCOPE OF MYWHEELZ SERVICE

  • 1.1 MyWheelz provides a platform for connecting people who have tasks that need doing, or who need to buy a particular item with those willing to do the job or provide the item.
  • 1.2 MyWheelz members and any other person that visits or views the MyWheelz Platform.
  • 1.3 A User creates an account with MyWheelz when s/he validly completes a registration form on the MyWheelz Platform.
  • 1.4 MyWheelz provides the platform only. Apart from enabling a Member to find an MyWheelz Automotive Specialist to provide a particular service or supply a particular good, MyWheelz accepts no liability for any aspect of the Member and MyWheelz Automotive Specialist interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. MyWheelz has no obligation to any User to assist or involve itself in any way in any dispute between a Member and a MyWheelz Automotive Specialist.
  • 1.5 All information related to services to be performed or goods to be provided is supplied by MyWheelz Users. Unless expressly stated to the contrary, MyWheelz does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the MyWheelz Platform.
  • 1.6 You expressly agree that MyWheelz has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all MyWheelz Automotive Specialists and Members), including, but not limited to, the ability of MyWheelz Automotive Specialists to perform tasks or supply items, or the honesty or accuracy of any information provided by Members or the Members' ability to pay for the services or goods requested.

2. MYWHEELZ SERVICE DESCRIPTION

  • 2.1 The MyWheelz Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the MyWheelz Service may be separately described on the MyWheelz Platform.
  • 2.2 A Member with a requirement for a service to be provided or a good to be acquired (1) creates an account with MyWheelz and (2) posts an accurate and complete description of the good to be acquired or service to be provided (including, but not limited to, the payment offered to the MyWheelz Automotive Specialist) ("Posted Task"). Posted Tasks are subject to further terms set out for Posting Tasks and Making Offers below.
  • 2.3 A MyWheelz Automotive Specialist with an ability to perform services and/or to provide the goods (1) creates an account with MyWheelz and (2) reviews Posted Tasks uploaded by Members.
  • 2.4 If a MyWheelz Automotive Specialist desires to provide services or sell goods to a Member, the MyWheelz Automotive Specialist must make an offer in response to the Posted Task ("Offer"). By making an Offer the MyWheelz Automotive Specialist confirms that s/he is legally entitled to and capable of supplying the goods or services described in the Posted Task. Offers are subject to further terms set out for Posting Tasks and Making Offers below.
  • 2.5 If a Member in any way updates a Posted Task after it has been published on the MyWheelz Platform and before an offer has been accepted, then MyWheelz may, at its discretion, cancel all Offers for that Posted Task that were made prior to the update and recommence the offer process.
  • 2.6 If the Member agrees to a MyWheelz Automotive Specialist's offer, the Member will accept that MyWheelz Automotive Specialist's Offer by using the functionality on the MyWheelz Platform and paying the agreed price into the payment facility escrow account accessible via the MyWheelz Platform ("Escrow Account").
  • 2.7 The MyWheelz Automotive Specialist and Member use a public question and answer feature on the MyWheelz Platform to communicate directly about posted requests for services or goods. Once a Member has accepted an offer from a MyWheelz Automotive Specialist, the Member and the MyWheelz Automotive Specialist can communicate privately using an MyWheelz private messaging service. Each time a MyWheelz User receives a message from the MyWheelz messaging service, a notification may be sent to the User via their currently active communication channel.
  • 2.8 Once a Member has accepted an offer from an MyWheelz Automotive Specialist and paid the agreed price into the Escrow Account then the Member and the MyWheelz Automotive Specialist will be deemed to have entered into a separate contract under which the Member agrees to purchase, and the Buyer agrees to provide the Member with the services or goods ("Task Contract").
  • 2.9 The terms of the Task Contract incorporate the terms of this Agreement (to the extent they apply to the Member and the MyWheelz Automotive Specialist) and any additional terms and conditions agreed between the Member and the MyWheelz Automotive Specialist, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in a Task Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Task Contract take priority over any other terms agreed between a Member and an MyWheelz Automotive Specialist in the Task Contract to the extent of any inconsistency.
  • 2.10 The MyWheelz Automotive Specialist must provide the services or goods to the Member in accordance with the Task Contract, unless the services, goods or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
  • 2.11 Once a MyWheelz Automotive Specialist has provided the goods or services requested by a Member in accordance with the Task Contract, the MyWheelz Automotive Specialist must provide notice that the task is complete by using the MyWheelz Platform functionality. It will be material breach of this Agreement and the Task Contract if a MyWheelz Automotive Specialist provides notice that a task is complete for a particular Posted Task without having provided the relevant goods or services. If s/he is supplying goods, a MyWheelz Automotive Specialist must not provide notice that a task is complete until the goods have actually been delivered to the address specified by the Member.
  • 2.12 Once a MyWheelz Automotive Specialist has provided the relevant goods or services in accordance with the Task Contract and has provided notice that the task is complete relating to a particular Posted Task, MyWheelz will release the agreed price for the goods or services supplied to the MyWheelz Automotive Specialist by using the MyWheelz Platform functionality.
  • 2.13 Once MyWheelz has released the payment from the Escrow Account to the MyWheelz Automotive Specialist, a fee (as outlined in the fee schedule below) will be deducted by the MyWheelz platform for the provision of its services.
  • 2.14 Once a transaction is concluded, both the MyWheelz Automotive Specialist and Member are strongly encouraged to complete a MyWheelz service review using any feedback features on the MyWheelz Platform. MyWheelz will, from time to time, contact You to remind You to complete an MyWheelz service review.
  • 2.15 The MyWheelz Platform may from time to time include location/ map-based functionality. The MyWheelz Platform may display the location of Members and MyWheelz Automotive Specialists to persons browsing the MyWheelz Platform. Each Member will be asked to provide the street and suburb where the task is to be performed or the goods are to be delivered.
  • 2.16 A Member should never disclose personal details such as Member's full name, street number, phone number or email address in a Posted Task or in any other public communication on the MyWheelz Platform.
  • 2.17 From time to time, MyWheelz may enter into agreements with business partners ("Business Partners") to enable Business Partners to acquire aspects or functions of the MyWheelz Platform, and may seek to engage MyWheelz Automotive Specialists in the provision of goods or services which the Business Partner will on sell to other parties (such as its customers). For the purposes of these Terms, when a Business Partner is engaged in this way, the Business Partner will be a Member and the task will be a Posted Task for the purposes of these Terms. MyWheelz Automotive Specialists who agree to perform Posted Tasks for Business Partners acknowledge and agree that MyWheelz and the Business Partner may on sell the goods or services supplied to third parties for an increased fee.
  • 2.18 Business Partners may require MyWheelz Automotive Specialists engaged as contemplated in clause 2.17 to be approved or hold particular qualifications and MyWheelz may be asked by Business Partners to locate potentially suitably qualified MyWheelz Automotive Specialists. MyWheelz makes no warranty that it will promote any or all suitably qualified MyWheelz Automotive Specialists to Business Partners.
  • 2.19 Before a Business Partner enters into a contract with an MyWheelz Automotive Specialist, it may be require the MyWheelz Automotive Specialist to enter into additional terms for the engagement ("Business Partner Contract") before the MyWheelz Automotive Specialist can undertake any work introduced by a Business Partner.
  • 2.20 Where an MyWheelz Automotive Specialist accepts a Posted Task with a Business Partner:
    • (a) the MyWheelz Automotive Specialist must provide the goods or services to the Business Partner in accordance with the Task Contract created by these Terms and any applicable Business Partner Contract; and
    • (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

3. PAYMENT, REFUNDS AND CREDIT

  • 3.1 Where a Member pays an agreed price for goods or services into the Escrow Account in respect of a Posted Task ("Task Payment") that Task Payment will be used to pay the MyWheelz Automotive Specialist and MyWheelz in accordance with this Agreement. If that payment cannot be made for any reason the Task Payment moneys will be handled in accordance with this clause 3.
  • 3.2 If the Member and the MyWheelz Automotive Specialist mutually agree to cancel the Task Contract or if, following reasonable attempts by a Member to contact an MyWheelz Automotive Specialist to perform the Task Contract, MyWheelz is satisfied that the Task Payment should be refunded and there is no dispute between the Member and the MyWheelz Automotive Specialist, then MyWheelz will refund the Task Payment back into the Member's nominated account.
  • 3.3 If, for any reason, the Task Payment cannot be transferred or otherwise made to the MyWheelz Automotive Specialist or the Member (as the case may be) or no claim is otherwise made for a Task Payment, the Task Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Member initially paid the Task Payment into the Escrow Account.
  • 3.4 Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Task Payment the Task Payment will be automatically converted into MyWheelz credit and credited to the relevant Member or MyWheelz Automotive Specialist ("Holder"). The credit will be to the account of the Member except where the MyWheelz Automotive Specialist has claimed the Task Contract has been completed but for whatever reason the Task Payment was not able to be transferred.

4. ELIGIBILITY TO REGISTER

  • 4.1 A MyWheelz account can only be created in the name of an individual. However, an MyWheelz User registering as an MyWheelz Automotive Specialist or Member may specify within the "account description" field that s/he is representing a business entity (including a company).
  • 4.2 To create and account and use the MyWheelz Services You must be able to form legally binding contracts under applicable law. MyWheelz Services are not available to persons under 18 years of age. If You do not qualify to use the MyWheelz Services, You must not use the services.
  • 4.3 While You are registered with MyWheelz You must maintain control of your MyWheelz account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
  • 4.4 At its absolute discretion, MyWheelz may refuse to allow any person to register or create an account with MyWheelz or cancel or suspend any existing account.

5. USER'S OBLIGATIONS

  • 5.1 You agree that at all times:
    • (a) You will comply with this Agreement (including all MyWheelz Policies) and all applicable laws and regulations;
    • (b) You will post only accurate information on the MyWheelz Platform;
    • (c) You will promptly and efficiently perform all your obligations to other MyWheelz Users under a Task Contract and to MyWheelz under this Agreement;
    • (d) all content (whether provided by MyWheelz, a User or a third party) on the MyWheelz Platform may not be used on third party sites or for other business purposes without MyWheelz's prior permission; and
    • (e) You will ensure that You are aware of any laws that apply to You as a Member or an MyWheelz Automotive Specialist, or in relation to any other way(s) that You use the MyWheelz Platform.
  • 5.2 You must not use the MyWheelz Platform for any illegal or immoral purpose.
  • 5.3 You grant to MyWheelz an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the MyWheelz Platform for the purpose of including that material and information on the MyWheelz Platform and as otherwise may be required to provide the MyWheelz Service, for the general promotion of the MyWheelz Service and as permitted by this Agreement.
  • 5.4 Any information posted on MyWheelz Platform must not, in any way whatsoever, be potentially or actually harmful to MyWheelz or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by MyWheelz. Without limiting any provision of this Agreement, any information You supply to MyWheelz must be up to date and kept up to date and must not:
    • (a) be false, inaccurate or misleading or deceptive;
    • (b) be fraudulent or involve the sale of counterfeit or stolen items;
    • (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    • (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
    • (e) be defamatory, libellous, threatening or harassing;
    • (f) be obscene or contain any material that, in MyWheelz's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
    • (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any MyWheelz Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
  • 5.5 You must have the right to provide goods and services under a Task Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Tasker Contract,
  • 5.6 When You enter into a Task Contract using the MyWheelz Platform You create a legally binding contract with another MyWheelz User, unless the transaction is prohibited by law or by this Agreement (including the MyWheelz Policies). If You do not comply with your obligations to another MyWheelz User under a Task Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not MyWheelz - are responsible for enforcing any rights that You may have with that User.
  • 5.7 If MyWheelz determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the MyWheelz Service or cancel or suspend Your account.

6. FEES

  • 6.1 Registering and creating and account with MyWheelz is free. There is no charge for a Member to Post Tasks, or for other MyWheelz Users to review content on the MyWheelz Platform, including Posted Tasks.
  • 6.2 If a Member has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to MyWheelz (or its nominee), which are inclusive of GST.
  • 6.3 The Service Fees will be deducted and paid to MyWheelz when the agreed price is released from the Escrow Account to the MyWheelz Automotive Specialist.
  • 6.4 To be clear, Service Fees will be calculated only on the amount that the MyWheelz Automotive Specialist agrees to charge the Member to provide the service or goods. This means that if a Member requires an MyWheelz Automotive Specialist to incur costs in completing a task (for example, if the task is purchasing groceries, MyWheelz Automotive Specialist might agree to pay for the groceries upfront and then be reimbursed by the Member), then the cost incurred will not be included in any calculation of the Service Fees.
  • 6.5 If an MyWheelz Automotive Specialist agrees to pay some of the costs as part of completing a task, MyWheelz Automotive Specialist is solely responsible for having those costs reimbursed by the Member. MyWheelz will not be responsible for obtaining any reimbursement from a Member. We advise MyWheelz Automotive Specialists not to agree to incur any costs for a Member in advance of payment by the Member, unless the MyWheelz Automotive Specialist is confident that the Member will reimburse the costs promptly.
  • 6.6 MyWheelz may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after MyWheelz notifies You of that change by sending a message to your MyWheelz account.
  • 6.7 MyWheelz may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your MyWheelz account.
  • 6.8 All fees and charges payable to MyWheelz are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
  • 6.9 If MyWheelz introduces a new service on the MyWheelz Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
  • 6.10 Where an MyWheelz Automotive Specialist is supplying goods or services, the MyWheelz Automotive Specialist must not charge a Member Service Fees on top of the agreed price for the goods or Services under the Tasker Contract.

7. LIMITATION OF LIABILITY

  • 7.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law MyWheelz specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Members and MyWheelz Automotive Specialists.
  • 7.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, MyWheelz specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the MyWheelz Platform.
  • 7.3 Except for liability in relation to a breach of any Non-excludable Condition, MyWheelz's liability to any User of this service is limited to the total amount of fees paid by that User to MyWheelz during the twelve month period prior to any incident causing liability of MyWheelz.
  • 7.4 MyWheelz's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

8. PRIVACY

  • 8.1 MyWheelz's Privacy Policy, applies to all Users and forms part of this Agreement. Use of the MyWheelz Platform confirms that You consent to, and authorise, the collection, use and disclosure of your personal information in accordance with MyWheelz's Privacy Policy.

9. MODIFICATIONS TO THE AGREEMENT

  • 9.1 MyWheelz may modify this Agreement and/ or the Policies (and update the MyWheelz pages on which they are displayed) from time to time. MyWheelz will send notification of such modifications to your MyWheelz account. You should check that account regularly.
  • 9.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the MyWheelz Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
  • 9.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your MyWheelz account and stop using the MyWheelz Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any MyWheelz Policy cannot be amended except in writing signed by You and MyWheelz.

10. NOTICES

  • 10.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to MyWheelz's contact address as displayed on the MyWheelz Platform, or to MyWheelz Users' contact address as provided at registration. Any notice shall be deemed given:
    • (a) if sent by email, 24 hours after email is sent, unless the Member is notified that the email address is invalid or the email is undeliverable, and
    • (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
    • (c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.

11. TERMINATION

  • 11.1 Either party may terminate an account and this Agreement at any time for any reason.
  • 11.2 Termination of this Agreement does not affect any Task Contract that has been formed between MyWheelz Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the goods or services or paying the price as applicable.
  • 11.3 Third Party Services are subject to Third Party Service provider terms and conditions.

12. SERVICE FEE SCHEDULE

  • 12.1 The Service Fee will be added to the MyWheelz Automotive Specialist quote at a rate of ten per cent (10%) of the amount that was quoted. This fee will be held and paid to MyWheelz upon acceptance of the quote by the Member.