Terms and Conditions of Use

NAS Website AND NAS MOBILE/TABLET APPLICATION

Effective Date: 30/4/2024 (AEST)

By accessing or utilising this Website or the National Auto Service (“NAS”) Application (“App”) on any internet or non-internet enabled device, “you” as the user, explicitly acknowledge and consent to be bound by and unconditionally adhere to these Terms and Conditions of Use (“Terms”), which are applicable to all activities and engagements, encompassing, but not restricted to, the “booking” or “reservation” of one-time or reoccurring services rendered by National Auto Service PTY LTD company staff OR third party contractors (“Suppliers”),  for vehicles, trailers, heavy vehicles (encompassing, though not exclusively: trucks, caravans, mining equipment, and buses), including but not restricted to, general maintenance services, log book servicing, suspension services, brake services, fuel injection services, clutch(es) services, transmission services, repairs, pre-purchase inspections, post-purchase inspections, roadworthy inspections, vehicle appraisals, emergency breakdowns, or any other automotive-related service.

Your continued utilization of this Website or NAS App constitutes your unequivocal acceptance of all the Terms delineated herein. We reserve the unilateral right to amend these Terms at any time without prior or direct notice, and any alterations will be prominently displayed on this Website and the NAS App. It is your responsibility to periodically review the Terms displayed on this Website and the NAS App, and before making a booking or reservation of any kind.

If you do not agree with any aspect of these Terms, you are obligated to cease using any of the services offered on our Website and App immediately.

Please be aware that all content provided on National Auto Service PTY LTD is purely for informational purposes only and should not be construed as technical advice for your vehicle.

This Website is owned and operated by National Auto Service PTY LTD ACN 600 196 996 of 13/32 Silkwood Rise, Carrum Downs, 3201, Victoria, Australia.


Agreement

Section 1 – Our Service

  1. NAS Booking Service: National Auto Service PTY LTD (“NAS”) operates as a booking service facilitating connections between users seeking vehicle service and repairs with third party contractors (“Suppliers”) who are willing to perform the requested services.
    1. Supplier Network: NAS has established a network of third-party Suppliers across Australia, specializing in vehicle servicing and repairs, initially orientated toward fleet services, with the flexibility to expand to retail services as required.
    2. Booking Facilitation: NAS facilitates booking requests from its users by linking them with registered third-party Suppliers within its network.
    3. Limitation of Responsibility: National Auto Service PTY LTD is neither a contracting party nor responsible for, any service or repair work provided by a Supplier to you.
    4. Dispute Resolution: National Auto Service PTY LTD will not intervene or mediate disputes between Suppliers and users. Any disputes arising from services provided by Suppliers are to be resolved directly between the concerned parties.
    5. Liability Disclaimer: National Auto Service PTY LTD assumes no liability for any service rendered or service failure by any Supplier, irrespective of the cause.
  2. Requesting a Quote
    1. To request a quote for vehicle servicing or repair, you must:
      1. Eligibility: Be at least 18 years of age and legally capable of agreeing to these Terms and Conditions of Use of Service.
      2. Submission Requirements: Provide precise information by completing a form on our Website or Portal, which includes:
        1. Your personal contact information and other pertinent information.
        2. Vehicle specifics, such as make, model, and registration number.
        3. Scheduled service interval per the manufacturer’s logbook and/or vehicle odometer reading.
        4. Preferred location postcode.
        5. Selection of the required Service or Repair from available options.
        6. Selection of a preferred Supplier.
        7. Selection of a preferred day and time for service at the chosen Supplier’s location.
  3. Booking Process: Upon submitting a booking request with National Auto Service PTY LTD, we will notify the Supplier chosen by you. The Supplier has agreed with us that it will subsequently confirm with National Auto Service PTY LTD if it can fulfill the requested service or repairs, and if the chosen day and time for service or repair are acceptable.
    1. Quote Requests: When requesting a quote via National Auto Service PTY LTD, the request is forwarded to the Supplier, and any subsequent booking is made directly with the Supplier. National Auto Service PTY LTD will not issue email confirmations for a direct booking, and all communication will transpire between the customer and Supplier. National Auto Service PTY LTD cannot guarantee a response from the Supplier and has included the Supplier’s contact details in the booking email so you can contact the Supplier directly.
  4. Booking Confirmation: If your booking request is accepted by a Supplier through National Auto Service PTY LTD, the Supplier will confirm the booking with you through one of the following communication channels including but not limited to, SMS, email, direct message, voice mail, verbally over the phone, or in-person.
  5. Issue Resolution: If any issues arise with your proposed booking with the Supplier, National Auto Service PTY LTD may, at its discretion, work with the Supplier and with you to resolve them, if possible. You acknowledge that it may not always be possible to fulfill all booking requests made through our service.
  6. Supplier Booking Guarantee: National Auto Service PTY LTD gives no guarantee that a booking will be honoured by the Supplier. In such an event, you should address the matter directly with the Supplier.
  7. Legal Agreement: A booking made through our service is intended to create a legal agreement between you and the Supplier. The Supplier will provide the services described in the booking, and you will pay for the services as described in the booking.
  8. Non-Responsibility Clause: National Auto Service PTY LTD is not a party to or responsible for either party in any agreement between you and a Supplier. Apart from facilitating the booking, National Auto Service PTY LTD, unless represented by company staff, does not provide any vehicle services or repairs. We are not responsible for representations made by the Supplier, the quality of the vehicle services, materials, parts, or repairs provided to you by the Supplier, or any warranties offered by the Supplier or which you are entitled to from the Supplier under Australian Consumer Laws.
  9. Payment Responsibility: The Supplier you select has agreed, through us as an intermediary, to provide a service or repair for you. You will be responsible for payment directly to the Supplier. If you choose the “pay on pick-up” option, any price indication (by way of a fixed quote or estimate) provided by National Auto Service PTY LTD is only an indication of the final price and is merely communicated to you. Any variation from the price indication to the final price is a matter for you and the Supplier to resolve between yourselves. Any repair price quoted includes the supply of quality aftermarket parts. Any additional or adjacent repairs unrelated to the specific part requested will incur additional charges, which can be discussed with the Supplier at the time of repair.
  10. Transaction Disclaimers: National Auto Service PTY LTD is not responsible for any transactions or disputes between Suppliers and you.
  11. Representation Clause: National Auto Service PTY LTD does not represent that it has any skills or expertise pertaining to the service or repair of motor vehicles. We primarily act as an intermediary between you and the Supplier.
  12. Intermediary Role: National Auto Service PTY LTD acts as an intermediary between the Customer and Supplier; the contract for the performance of any repair work is between the Customer and the Supplier.
  13. Non-Liability Clause: National Auto Service PTY LTD is not liable for the nature or suitability of the service or repairs provided by a Supplier to you.
  14. Release and Indemnification: To the extent that you permit a Supplier to use, operate, repair, service, or otherwise take possession of your motor vehicle, you release and discharge National Auto Service PTY LTD from and indemnify National Auto Service PTY LTD against any loss or liability you may suffer or incur of any description whatsoever arising as a result of negligence, or the acts or omissions of the Supplier.
  15. Limitation of Liability: In no event will National Auto Service PTY LTD be liable to you for any direct, indirect, incidental, or consequential damages or losses whatsoever arising from:
    1. Defective service or repair work carried out by a Supplier;
    2. Damage caused to (or the loss of) any property belonging to you, or any personal injury or loss of life suffered by you relating to goods and services provided by a Supplier, including without limitation, services performed on your motor vehicle or the Supplier’s use and operation of that motor vehicle;
    3. Misleading or deceptive conduct of a Supplier in its dealings with you;
    4. The failure of a Supplier to comply with any law, including the Australian Consumer Laws, product safety laws, and workplace health and safety laws; and
    5. Such damages or losses you may suffer include, without limitation, damages for loss of profits and business interruption.
  16. Payments
    1. Payment Methods: National Auto Service PTY LTD may, at its discretion, determine the methods of payment (“payment methods”) available on nationalautoservice.com.au, including Credit Card (Visa, MasterCard), PayPal, Buy Now Pay Later (including but not limited to – Afterpay, Humm, Zip, PayPal Pay In 4), and AmpolCard or Fleet Service Provider Card with Services and Repairs (Fleet Card) from March 25, 2024. We reserve the right to not offer all payment methods. By submitting a payment method, you:
      1. Confirm that your use of the payment method is authorized and that all information you submit is true and accurate;
      2. You authorize National Auto Service PTY LTD to charge the payment method provided by you for all amounts payable to us (including GST and any other applicable taxes) based on the items you order.
    2. Furthermore, you authorize us to conduct authenticity checks we deem appropriate regarding your payment method and your right to make payment in that manner. If we suspect that any order is fraudulent or involves stolen identity or payment information, we reserve the right to involve any law enforcement and credit agencies we deem fit.
    3. When payment is made using an available payment method (such as Afterpay, Humm, Zip, PayPal, Credit Card, or Fleet Card), you are responsible for understanding and agreeing to the terms and conditions of the relevant provider of that payment method. Once payment is made to us by the relevant provider, any queries or disputes concerning payment terms, interest (where applicable), or other matters should be directed to your chosen provider.
    4. When payment is made by Fleet Card:
      1. Card verification and vehicle registration validation checks will be conducted, and valid vehicle registration may take up to 48 hours to appear in the National Auto Service PTY LTD system.
      2. If the Fleet Card or vehicle registration cannot be validated, you must contact the Fleet Card provider.
      3. Fleet Card members will be asked to review Suppliers after their service/repair has been completed, and these reviews will be moderated and published.
  17. Supplier Responsibility
    1. Please note, except to the extent required by law, that the Supplier, and not National Auto Service PTY LTD, is:
      1. The seller, supplier, and/or provider of the booked Service.
      2. The party who enters into a contract with you when the booked service is performed.
      3. Solely responsible for providing you with the Booking Service and for the Service itself.
    2. No Partnership or Joint Venture: Under no circumstances is National Auto Service PTY LTD acting as the partner or joint venturer of the Supplier.
    3. Prepayments: Prepayments are taken by National Auto Service PTY LTD as an agent for the Supplier that actually provides the products or services described in the booking.
    4. Service Responsibility: In the case of services described, National Auto Service PTY LTD is not the provider of such services and has no responsibility for the services performed unless previously agreed with the client and the NAS employee or Supplier.
    5. Service Warranty: National Auto Service PTY LTD makes no warranty or representation regarding the standard of any services provided by a Supplier.
    6. Limitation of Liability: Except to the extent required by law, National Auto Service PTY LTD has no liability to you for products or services described in a Booking.
    7. Parts: Instantly priced quotes and estimates provided through National Auto Service PTY LTD are based on the prices of quality aftermarket parts that meet or exceed manufacturer recommendations. If these aftermarket parts are unavailable at the time of your booking, genuine parts from the manufacturer may be required. If genuine parts are required, this will be at an additional cost. Customers will be advised of this by the Supplier prior to these parts being installed on their vehicles.
  18. Payment for Inspections and Roadworthy Checks: Payment for inspections to your vehicle, roadworthy inspections, or pink slip inspections is due regardless of the outcome of the inspection. If additional repairs are needed, a quote will be provided by the Supplier and will incur additional costs. No refunds will be given for failing a vehicle, roadworthy or pink slip inspection, as the payment covers the cost of the inspection and the generation of the report.
  19. Additional Fees for Windscreen Bookings
    1. For National Auto Service PTY LTD windscreen bookings, additional fees may apply for:
      1. Replacement windscreen moulds if the old one is worn and cannot be reused – new mouldings cost from $40.00.
      2. Specialty glass, e.g., acoustic or solar – specialty glass costs depend on your vehicle.
      3. Windscreens for larger vehicles, e.g., vans, trucks, or 4x4s.
      4. Windscreens for vehicles fitted with a heads-up display.
      5. Call-out fees may apply to work completed outside of business hours or on weekends.
  20. Cancellation Policy: If you cancel and cannot reschedule, we will refund your prepayment less a $20.00 AUD cancellation fee (which covers administration, data, and merchant fees). The refund amount will be transferred to the original means of payment used for the purchase. You agree that the sum of $20.00 AUD represents a reasonable estimate of the actual costs incurred by us arising from your cancellation.
  21. Review Process: Once your service has been completed, you will be sent an invitation to review your experience with the service provider.

Section 2 – Licence to Use Website and NAS Application

  1. Limited Right to Access: National Auto Service PTY LTD grants users of its web service a limited, revocable right to access and use the Website and NAS APP as set out in these Terms and to print pages from the Website or NAS APP only for personal and informational purposes.
  2. Reproduction Restrictions: Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website or NAS APP may be reproduced, adapted, or transmitted in any form or by any process, without the specific written consent of National Auto Service PTY LTD.
  3. Communication and Cookies: To use this Website and NAS APP, you agree to receive communications from us and from our third-party service providers, and you agree to accept “cookies” and other similar devices used by this Website and NAS APP to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website or NAS APP.
  4. Termination of License: National Auto Service PTY LTD reserves the right to terminate your license to use this Website or NAS APP at any time and for any reason at our sole discretion. Reasons for termination may include, but are not limited to:
    1. Failure by you to accept services pursuant to any confirmed booking made via this Website or NAS APP;
    2. Failure by you to pay any invoice rendered to you by a Supplier pursuant to a booking you make via the Website or NAS APP;
    3. Supplying inaccurate information to National Auto Service PTY LTD or to a Supplier or another service provider of ours;
    4. Harassing a Supplier, NAS staff, or other users of the Website or NAS APP;
    5. Violating any law or rights of a third party, including but not limited to third-party intellectual property rights;
    6. Posting material on the Website or NAS APP promoting non-National Auto Service PTY LTD authorised commercial activity;
    7. Misusing the Website and NAS APP, including sending spam or other unsolicited electronic communications or distributing viruses or malware;
    8. Misusing our content or third-party content, including unauthorized reproduction or posting false, misleading, or harassing content;
    9. Conduct that National Auto Service PTY LTD deems detrimental to our business and other Website and NAS APP users.
  5. Termination Clause: National Auto Service PTY LTD reserves the right to immediately terminate, without any liability to you, any confirmed Booking request at any time, without providing explanation(s).

Section 3 – Warranties and Indemnification Obligations

  1. Service Disclaimer: To the maximum extent permitted by law, the service on this Website and NAS APP is provided by National Auto Service PTY LTD on an “AS IS, WHERE IS” basis and without any warranty as to accuracy or suitability for any purpose.
  2. User Acknowledgment: In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by National Auto Service PTY LTD. National Auto Service PTY LTD gives no warranty or representation as to:
    1. The results that may be obtained through the use of the Website and NAS APP;
    2. The accuracy, reliability or otherwise of any information obtained from or displayed on this Website and NAS APP;
    3. The availability of the Website or NAS APP and the availability of the Website or NAS APP at any time or at all
    4. The Website and NAS APP being error free;
    5. The nature or quality of any services provided by any Supplier to you as a result of a booking through the Website and NAS APP; and
    6. The goods and or services purchased or obtained through the Website and NAS APP being of merchantable quality or otherwise suitable for your purposes.
  3. Indemnification Clause: To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless National Auto Service PTY LTD and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
    1. The use of the Website or NAS APP;
    2. Any dispute between you and a Supplier;
    3. Any negligence by a Supplier in the provision of any service to you;
    4. Any loss or damage suffered by or through you arising from or related to the provision of any service by a Supplier; and
    5. Any loss or damage suffered by or through you arising from or related to the use of the Website or NAS APP.
  4. Disclaimer Regarding Third-Party Content: National Auto Service PTY LTD assumes no liability for any loss or damage arising from third-party content displayed on the Website or NAS APP, including information provided by or relating to Suppliers. Information displayed on the Website or NAS APP may be:
    1. Outdated;
    2. Inaccurate in whole or in part; or
    3. The result of duplication or confusion between Suppliers with similar names.
  5. Confirmation Method: National Auto Service PTY LTD will determine, at its sole discretion, the method by which it confirms the results of your use of our booking system.
  6. Limited Services: Our confirmation of the booking made with a Supplier, and any prepayment, constitute the only services provided to you by National Auto Service PTY LTD via the Website or NAS APP.
  7. Dealing with Suppliers: Once you drop your vehicle off to be serviced, all further dealings and communication regarding the service or repair are between you and the Supplier. While National Auto Service PTY LTD is available to assist if issues arise, we bear no liability for the outcome with the Supplier.
  8. Non-Liability for Direct Communication: National Auto Service PTY LTD is not liable for any liabilities including but not limited to, costs, or damages suffered or incurred by you resulting from any direct communication between you and the Supplier.
  9. Independent Relationship with Suppliers: Except where otherwise indicated in these Terms and Conditions, National Auto Service PTY LTD is not an agent or partner of any of the Suppliers included on this Website or NAS APP. We have no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Supplier, timing of or attendance at an appointment or quality of service provided by a Supplier.
  10. Supplier Representation: A Supplier holds no authority to make representations on behalf of National Auto Service PTY LTD or to bind us in any manner.

Section 4 – Review of Content and Linked Third-Party Websites and Information

  1. National Auto Service PTY LTD may periodically review and remove content posted on our Website or NAS APP by you and other Website users at its sole discretion.
  2. National Auto Service PTY LTD reserves the right to cooperate with any law enforcement authority in any jurisdiction regarding any lawful direction or request to disclose the identity or other information concerning anyone posting materials that violate any applicable laws on the Website and NAS APP.
  3. If you wish for National Auto Service PTY LTD to review any material on our Website or NAS APP, please contact us via email at the address provided on this Website and NAS APP.
  4. The Website and NAS APP may include links to third-party information and products. Such third-party content and links are not owned, operated, or maintained by National Auto Service PTY LTD, and they are not endorsed by or affiliated with us unless otherwise indicated on the Website or NAS APP.
  5. National Auto Service PTY LTD is not accountable for the content of any third-party material appearing on the Website, NAS APP, or any third-party sites linked to them. Such information, advertisements, or links are solely for informational purposes and do not constitute endorsements by National Auto Service PTY LTD regarding the quality, accuracy, or completeness of the third-party information or websites.
  6. If you choose to access any third-party services or websites advertised or linked to our Website, you do so entirely at your own risk. National Auto Service PTY LTD accepts no liability or responsibility, to the extent permitted by law, for your actions or omissions on these linked sites.

Section 5 – User Supplied Content

  1. Subject to National Auto Service PTY LTD’s legal obligations with respect to privacy:
    1. Any information or material submitted by you through any facility on our Website and NAS APP (User Material) will be considered as having been voluntarily submitted by you for use by National Auto Service PTY LTD and is not confidential. By providing National Auto Service PTY LTD with User Material via the Website or NAS APP, you:
      1. Grant National Auto Service PTY LTD a non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Material throughout the world in any media. You irrevocably grant National Auto Service PTY LTD the right to publish the name you use to submit the User Material;
      2. Represent and warrant that you own or otherwise have the exclusive right to grant us the license in (i), and that the User Material is accurate, does not violate these terms and conditions or our policies, and will not cause injury to any person or entity; and
      3. Agree to indemnify and hold harmless National Auto Service PTY LTD and its directors, officers, agents, and employees from and against losses, damages, costs, and claims resulting from the publication on our Website or NAS APP of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of National Auto Service PTY LTD never to bring any claim against National Auto Service PTY LTD related to any User Material or your name that you post on the Website or NAS APP.
    2. You represent and warrant in favour of National Auto Service PTY LTD that you are authorized to submit any User Material you submit to National Auto Service PTY LTD and that National Auto Service PTY LTD is free to use any such User Material without any restriction or prior notice to you, whether for National Auto Service PTY LTD’s commercial or non-commercial purposes and without any compensation to any person or entity.
    3. If you post any User material, such as reviews or comments, on our Website or NAS APP, you represent to us and we rely on that representation in publishing such material, that the User Material is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
    4. You acknowledge your understanding that if you post User Material about your experience with a Supplier on our Website or NAS APP, we may also publish that Supplier’s response to your post on our Website and NAS APP and that such response will be visible to other users of our Website and NAS APP.
    5. Without limiting any other provision of these terms and conditions, National Auto Service PTY LTD may at its sole election and at any time, remove or edit User Material, but has no obligation to review User Material or responses posted by Suppliers and other persons.

Section 6 – Copyright in Website Content

  1. Copyright in all content contained on the Website and NAS APP, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by National Auto Service PTY LTD or used by National Auto Service PTY LTD under licence.

Section 7 – National Auto Service PTY LTD Trademarks

  1. Unless otherwise indicated, “National Auto Service” and “National Auto Service.com.au” are trademarks and trade names belonging to National Auto Service PTY LTD.
  2. Any use of these trademarks and trade names without our prior written consent is expressly prohibited. Please contact us if you would like to use our trademarks and trade names.
  3. Third-party trademarks may appear on this Website and NAS APP, and all rights therein are reserved by the registered owners of those trademarks.

Section 8 – Linking to the Website and NAS APP

  1. You may not make any part of the Website and NAS APP available as part of another website by using inline imaging, framing technologies, or any other method of incorporating parts of the Website and NAS APP into another site, without the prior written consent of National Auto Service PTY LTD.
  2. You will be liable for any direct or indirect damages or loss suffered by National Auto Service PTY LTD due to unauthorized hyperlinking to or framing of our Website and NAS APP, and you agree that you will fully indemnify National Auto Service PTY LTD in respect of any loss or damage suffered by National Auto Service PTY LTD due to such actions.

Section 9 – Third-Party Incentives and Promotions

  1. From time to time, you may be provided with the option to participate in reward or similar programs to obtain certain products or services provided by third parties (referred to as “Program Partners”) that may be promoted on the Website and NAS APP. Participation in those programs will be governed by separate terms and conditions that you must agree to prior to your decision to participate.
  2. National Auto Service PTY LTD will integrate Program Partners into the Website and NAS APP at its discretion.
  3. National Auto Service PTY LTD reserves the right to change the terms of any promotion offered with or through any Program Partners at any time. National Auto Service PTY LTD is not responsible for changes to or discontinuance of any program.
  4. Unless stated otherwise, the products and services promoted on the Website and/or NAS APP as being provided by a Program Partner are supplied by that Program Partner and not by National Auto Service PTY LTD. The Program Partner’s standard terms and conditions (governing, for example, delivery, refunds, etc.) will govern your agreement to acquire those goods or services.
  5. Any offers or representations made by Program Partners are made by the Program Partner only, and National Auto Service PTY LTD does not give any warranties, guarantees, or representations regarding the quality of any merchandise, products, or services offered or provided by any Program Partner. National Auto Service PTY LTD is not responsible or liable to you for any losses you may suffer in the event that the Program Partner fails to comply with its obligations to you.

Section 10 – Limitation of Liability

  1. National Auto Service PTY LTD does not impose fees on you for the retail use of its service to make a booking with a Supplier using this Website or NAS APP. To the maximum extent permitted by law, National Auto Service PTY LTD will not be liable to you for any direct, indirect, consequential, or any other damages you may incur as a result of your use of this Website or NAS APP, which is entirely at your own risk.
  2. While National Auto Service PTY LTD takes all reasonable care to include accurate and up-to-date information on the Website and NAS APP, the information provided should not be relied upon as being error-free or accurate. National Auto Service PTY LTD makes no representation or warranty as to the timeliness, accuracy, suitability, or completeness of any information, content, services, materials, and products provided on or via the Website and NAS APP, nor does it accept any responsibility arising in any way for errors or omissions.
  3. To the maximum extent permitted by law, National Auto Service PTY LTD accepts no liability or responsibility for the actions or omissions of any Supplier or for goods or services received by you as a result of your use of this Website and NAS APP service.
  4. To the extent permitted by law, National Auto Service PTY LTD accepts no liability or responsibility for the actions or omissions of any other users of the Website and NAS APP in relation to the content contained herein.
  5. All information provided on the Website and NAS APP is general in nature and does not constitute technical or any other form of advice. It is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under the law.
  6. In no event will National Auto Service PTY LTD be liable to any party for any direct, indirect, incidental, or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website or NAS APP (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss of information, or damage to systems due to viruses or other harmful components.
  7. National Auto Service PTY LTD is not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Website and NAS APP or external sites. National Auto Service PTY LTD will not be liable for any damage or loss whatsoever resulting from any users of the website or NAS APP downloading or accessing any information or material through the Website or NAS APP.
  8. National Auto Service PTY LTD does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website and NAS APP (including hypertext links to external sites if any) for any reason whatsoever.
  9. National Auto Service PTY LTD does not guarantee that files or programs executed and/or downloaded from this Website or NAS APP or provided via this Website and NAS APP are free from viruses and other unauthorized or malicious code or corruption that could damage or interfere with data, hardware, or software. National Auto Service PTY LTD is not liable for any such damage or interference which may be suffered in connection with use of our online services.
  10. National Auto Service PTY LTD does not guarantee the security of any information sent to the Website via the internet, and such information is sent at the transmitter’s own risk.
  11. National Auto Service PTY LTD does not endorse the content of advertisements appearing on the Website or NAS APP and has no liability in respect thereof.

Section 11 – Changes to the Website and NAS APP

  1. National Auto Service PTY LTD reserves the right to revise, change, modify, or delete the content of any part of the Website, including any product or service available through the Website and NAS APP, at any time in its sole discretion and without prior written notice.
  2. National Auto Service PTY LTD reserves the right to terminate or restrict access to the Website or NAS APP or modify, suspend, or cancel any of the online services provided via the Website and NAS APP at any time without notice.

Section 12 – Updates

  1. National Auto Service PTY LTD reserves the right to revise, change, or modify these Terms at any time by posting new Terms on the Website and NAS APP. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website and NAS APP to review the current Terms by which you must abide.

Section 13 – Intellectual Property

  1. You acknowledge that all intellectual property contained on or within the Website and NAS APP is and remains at all times the property of National Auto Service PTY LTD. You agree not to use the information or other material on the Website or NAS APP for any purpose or in any manner that would, in any way, infringe National Auto Service PTY LTD’s intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer’s cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part without prior written approval from National Auto Service PTY LTD or the approval of the relevant copyright owner.
  2. Nothing displayed on the Website and NAS APP grants any license or right of use of any logo or trademark displayed without the express written permission of the relevant owner.

Section 14 – Referral Program

  1. You are permitted to refer other individuals to the Website and NAS APP at your discretion. Periodically, National Auto Service PTY LTD may introduce a reward-based referral program to its users (Referral Program). However, there is no obligation to provide rewards unless:
    1. Referrals are made explicitly in accordance with an authorized Referral Program;
    2. Users have adhered to the rules and conditions of the Referral Program (which will be publicly available on the Website);
    3. Referred users are eligible to use the Website and NAS APP;
    4. A referred user becomes a user before the termination of the Referral Program; and
    5. Users have not engaged in spamming or other improper methods to obtain referrals.

Section 15 – Dispute Resolution

  1. Any questions or disputes regarding the Website and NAS APP, including these terms, should be submitted directly to National Auto Service PTY LTD for resolution. (b) National Auto Service PTY LTD will make reasonable efforts to resolve any disputes promptly. (c) Users acknowledge that any complaints or inquiries concerning goods or services provided by any Supplier will be directed to the relevant Supplier.

Section 16 – Refunds

  1. If you cancel the scheduled provision of any products and services by a Supplier before the scheduled delivery or supply date, we will provide you with a refund, less a $20 cancellation fee.

Section 17 – Privacy

  1. We will utilize and share the personal information collected about you for the purpose of providing our service and for our business operations.
  2. Periodically, we may contact you regarding your use of our service to fulfill our service obligations and enhance our service.
  3. Our third-party service providers, including Suppliers, may contact you as necessary to provide our service and improve it.
  4. Our Privacy Policy (available on the Website and NAS APP) governs the use of information collected about you. By using our service, you agree to our Privacy Policy.
  5. You warrant that you have obtained consent from any third party whose personal information you post on or via the Website or NAS APP.
  6. The Website and NAS APP may contain links to external sites not affiliated with or controlled by National Auto Service PTY LTD. Our Privacy Policy applies only to those parts of the Website and NAS APP under our control.
  7. National Auto Service PTY LTD reserves the right to modify its Privacy Policy at its discretion and without notice. Any changes will be communicated to users by posting the revised policy on the Website and NAS APP.
  8. Until you unsubscribe, you authorize National Auto Service PTY LTD to send marketing and promotional materials regarding the Website or NAS APP to you.
  9. National Auto Service PTY LTD’s handling, and use of your personal information is governed by our Privacy Policy.

Section 18 – Applicable Laws

  1. These Terms are governed by the laws of the State of Victoria.

Section 19 – National Auto Service PTY LTD Policies

  1. These Terms must be construed alongside any policy posted on the Website or NAS APP, which policies are integral to these Terms.

Section 20 – Severance

  1. If any provision within these Terms and Conditions of Use becomes legally ineffective, whether under general law or by force of legislation, the ineffective provision shall be severed from the Terms and Conditions of Use, which shall otherwise remain valid and enforceable.

Section 21 – Jurisdiction

  1. These Terms and Conditions of Use shall be governed by and interpreted in accordance with the laws of Victoria, and the parties hereby submit to the exclusive jurisdiction of Victorian courts and any courts with jurisdiction to hear appeals from those courts.

Section 22 – Entire Agreement

  1. These Terms and Conditions of Use:
    1. Exclude all conditions, warranties, and terms implied by custom, general law, or statute (except those that by law may not be excluded);
    2. Constitute the entire agreement between the parties concerning its subject matter;
    3. Supersede any prior:
      1. Understanding or agreement between the parties; and (
      2. Condition, warranty, indemnity, or representation imposed, given, or made by a party.

Section 23 – Interpretation

  1. In this Agreement, unless the context otherwise requires:
    1. A reference to any legislation or legislative provision includes any statutory modification, re-enactment, or substitution, and any subordinate legislation issued under it;
    2. The singular includes the plural, and vice versa;
    3. A reference to an individual or person includes various entities and vice versa;
    4. References to gender include all genders;
    5. Recitals, clauses, schedules, annexures, or exhibits form part of this Agreement;
    6. A recital, schedule, annexure or a description of the parties forms part of this Agreement;
    7. Agreements or documents include their amendments, supplements, or replacements;
    8. Parties include their executors, administrators, successors, and permitted assigns;
    9. Defined expressions maintain their meaning in other grammatical forms;
    10. Written matters include representation or reproduction of words in any form;
    11. Time references are to Melbourne, Australia time;
    12. Periods refer to calendar time, unless specified otherwise;
    13. “Corporations Act” refers to the Corporations Act 2001 (Cth);
    14. A reference to an “associate” of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, “control” means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
    15. “Dollars” or “$” refers to Australian currency;
    16. “Booking” refers to a reservation made through us for purchasing products or services from a Supplier;
    17. “Voucher” denotes a voucher sold by National Auto Service PTY LTD exchangeable for Products from a relevant Supplier, subject to specified terms and conditions.

Section 24 – Pre-Purchase Inspection Disclaimers

  1. Inspection
    1. This Pre-Purchase Inspection Report (Report) evaluates the visible condition and operation of the vehicle at the time of inspection. Neither National Auto Service PTY LTD nor the inspector assumes responsibility for defects discovered post-inspection.
    2. The Pre-Purchase Inspection covers the vehicle’s engine bay, wheels & tyres, brakes, exterior and interior, underbody, and, if feasible, a road test.
    3. Despite diligent efforts by inspectors, National Auto Service PTY LTD provides no guarantee that this inspection will identify every fault or defect with the vehicle.
    4. The Pre-Purchase Inspection Report does not constitute a certificate of roadworthiness.
    5. In certain instances, vehicles may only be inspected in a workshop due to logistical constraints, including vehicle complexity, size, safety and location requirements.
    6. Some vehicles may be unsuitable for inspection or may only permit limited inspection due to access limitations or specialized requirements. If applicable to your vehicle, we will attempt to notify you before proceeding with the inspection, with details documented in the Pre-Purchase Inspection Report.
    7. The inspection primarily assesses the external condition and operation of your vehicle and its components. Detailed inspections involving part removal and re-installation are not feasible due to time and cost constraints. However, if you require specific parts to be inspected closely, you must schedule a separate inspection for those components.
    8. Inspectors evaluate both the visual condition and operation of components, as well as the general condition of the vehicle at the time of inspection.
    9. A brief road test is conducted to evaluate steering, suspension, brake operation, engine, and driveline performance where allowable. We are unable to conduct the road test at Graysonline due to their internal policies. This does not apply to general population testing outside of Grays sites.
    10. Certain issues may only manifest at higher speeds (including but limited to wheel bearings, brakes, etc.).
    11. National Auto Service PTY LTD disclaims any guarantee, warranty, or representation regarding the nature, reliability, accuracy, or completeness of information in the Report, subject to applicable laws. National Auto Service PTY LTD’s liability, if any, is limited to specified remedies or instances of deliberate breach or fraud.
    12. National Auto Service PTY LTD excludes liability for claims arising from your access and use of this Report, except to the extent prohibited by law.
    13. National Auto Service PTY LTD shall not be liable for indirect or consequential losses or damages arising from your use of the Report.
  2. General Exclusions
    1. Availability of listed Products may vary by location and service providers.
    2. The Pre-Purchase Inspection does not provide exhaustive information about the vehicle.
    3. Hidden defects, intermittent issues, or those not visually apparent during inspection are not reported.
    4. Inspectors may opt not to remove items such as baby seats, seat cover, car mats, steering wheel covers, dashboard coverings, internal or external additions including but not limited to stickers, during inspection.
    5. Full testing of the engine’s operating temperature range may not be feasible, potentially missing issues evident only when the engine is cold.
    6. Documents accompanying the vehicle are inspected if available but are not authenticated during the inspection.
    7. The Pre-Purchase Inspection does not verify recall notices issued by the vehicle manufacturer.
    8. Certain vehicles with part-time 4WD systems may not be driven in 4WD during inspection to avoid drivetrain damage.
  3. The Pre-Purchase Inspection Report
    1. Only items in the Pre-Purchase Inspection checklist are evaluated, along with any additional items requested by you.
    2. Any additional inspection items must be notified at the time of booking.
    3. The inspector reports only on defects apparent during the inspection.
    4. Inspectors offer their professional opinion on the vehicle’s visual and operational condition, aiming to assist you in decision-making.
    5. The Pre-Purchase Inspection Report is not a recommendation to purchase or abstain from purchasing the vehicle. The decision rests solely with you.
  4. Risk to Purchaser
    1. This Pre-Purchase Inspection provides a limited visual and operational assessment of the vehicle. Purchasing a vehicle without warranty from the seller entails inherent risks.
    2. The inspection reflects the vehicle’s condition at the time of presentation, with potential for subsequent defects or issues to arise.
    3. Standard cancellation fees may apply as per National Auto Service PTY LTD Terms.
    4. Your use of this Pre-Purchase Inspection Report is subject to National Auto Service PTY LTD Terms available at https://www.nationalautoservice.com.au/terms-and-conditions-of-use/

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