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Terms Conditions and Privacy Policy

Terms of Use – Customers

Recitals

  1. Auto Hero is in the business of providing an online platform that facilitates the introduction of Users and Tyre Retailers to each other.
  2. Auto Hero does not sell or acquire any products or related services shown on the Auto Hero website and acts only as a facilitator in the transactions between Users and Tyre Retailers.
  3. Auto Hero invites Users to upload information to their website (www.autohero.com.au) regarding the Products and/or Services they require. Auto Hero then makes the User information available on their Auto Hero database, which the Tyre Retailer may access for a Fee.
  4. Auto Hero does not warrant or guarantee that by uploading your personal information that a Tyre Retailer will provide you with Products and/or Services.
    1. Contact Information means the information provided by the User to Auto Hero, including but not limited to personal details (such as name, address, phone number, vehicle make and model) and information regarding the Products and/or Services the User may require, such as tyre brand, size, quantity.
    2. Lead means an individual User’s Contact Information that may be purchased by the Tyre Retailer for a fee.
    3. Product means tyres, goods and anything else provided by the Tyre Retailer to the User, or quoted by the Tyre Retailer to the User in connection with this Agreement;
    4. Service means the fitment of the Product and any other service carried out by the Tyre Retailer for the User or quoted by the Tyre Retailer to the User in connection with this Agreement.
    5. Auto Hero means Auto Hero www.autohero.com.au
    6. Tyre Retailer means a provider of Products and/or Services who may use the Auto Hero website to advertise and/or sell their Products and/or Services to the User.
    7. User means you (that is the party who uploads their information to the Auto Hero website in order to obtain Products and/or Services from the Tyre Retailer).
    1. SERVICE
      1. Auto Hero provides this service to give you the opportunity to find Tyre Retailers to provide you with Products and/or Services.
      2. The service enables you to research, select, compare and purchase Products and/or Services from the Tyre Retailer either through the Auto Hero website or by contacting the Tyre Retailer directly.
      3. Auto Hero does not validate any advice given by the Tyre Retailer regarding the nature and suitability of any Product and/or related Service, the accuracy of any description of a Product and/or Service or the ability of a Tyre Retailer to complete a transaction.
    2. PRICING AND PAYMENTS
      1. Auto Hero does not charge the User to enjoy the use of the Auto Hero website.
      2. The Tyre Retailer has represented to Auto Hero that the price that has been quoted to the User for the supply of Products and/or Services is accurate and final including:
        1. Supply of tyre/s
        2. Fitting of Tyre/s
        3. Balancing of all wheels that tyres are fitted too.
        4. GST
        5. Tyre Disposal
      3. Auto Hero shall not be held responsible for any discrepancy in the cost of the supply of any Products and/or Services between the Tyre Retailer and the User.
      4. Any disputes that arise regarding the price of the Products and/or Services shall remain between the User and Tyre Retailer.
      5. Any disputes that arise between the User and a tyre manufacturer shall remain between the User and the relevant tyre manufacturer.
    3. USE OF USER CONTACT INFORMATION
      1. The User acknowledges that Auto Hero will hold and store their Contact Information on the Auto Hero website in accordance with Auto Hero’s privacy policy.
      2. The User acknowledges that Auto Hero will pass the Contact Information on to Tyre Retailers in order for the Tyre Retailer to offer to provide the User with their Products and/or Services.
      3. The Tyre Retailer has agreed that it will not use or disclose the Contact Information for any other purposes (including but not limited to the disclosure of information to third parties).
    4. UPLOADING INFORMATION ON THE Auto Hero WEBSITE
      1. The User acknowledges that all information uploaded on the Auto Hero website is accurate and truthful.
      2. The User acknowledges that Auto Hero will not be held liable for incorrect, false and/or misleading information provided by Tyre Retailers on the Auto Hero website, whether the information provided by the User is truthful or not.
      3. If a User accepts a quote from the Tyre Retailer, the User should take steps to verify the correctness of the information provided by the Tyre Retailer prior to the Tyre Retailer providing the Products and/or Services to the User.
    5. FITNESS FOR PURPOSE
      1. Auto Hero does not warrant that the Product and/or Service to be or that is provided to the User by the Tyre Retailer is suitable for the purpose which the User requires it, including but not limited the tyre make, size, load and speed rating.
      2. The User indemnifies Auto Hero against all claims arising under the Australian Consumer Law in regards to the suitability and/or quality of the products purchased by the User from the Tyre Retailer.
    6. WAIVER
      1. The User indemnifies Auto Hero and each of its employees, directors agents or contractors against all claims arising out of or in connection with the Product, the Service or any dispute between the Tyre Retailer and the User, including all direct, indirect, consequential damage and loss including, but not limited to, liability to third parties, loss of production, loss of business opportunity, loss of profit and pure economic loss.This indemnity does not extend to any claim to the extent that it is caused by the negligence or default of Auto Hero (as the case may be).
      2. The User indemnifies Auto Hero against all losses, damages, costs and expenses in respect of death, personal injury and property damage arising out of the Products and/or Services that arises by virtue of this Agreement and/or any subsequent agreement entered into with any Tyre Retailer as a result of this Agreement.
    7. DISPUTES REGARDING PRODUCTS AND/OR SERVICES
      1. The User acknowledges that Auto Hero will not be held responsible, or be any way involved in any disputes between the User and Tyre Retailer regarding the Product and/or Service.
      2. The User acknowledges that Auto Hero does not have a disputes resolution service and the User is responsible for resolving complaints with Tyre Retailer themselves
    8. REFUNDS
      1. Legally, refunds are only available in fairly limited circumstances.
      2. You are entitled to ask for a refund if the item you bought:
        • does not match the description.
        • does not match the sample or model shown to you.
      3. You are not automatically entitled to a refund if you simply change your mind for any reason.
      4. When products have been specially ordered in for the customer, we are unable issue a refund.
      5. If you have any doubts about the suitability of an item, please contact Auto Hero before you buy.

    I).             SHIPPING 

                              i). Standard Shipping included on all wiper items via Australia Post with same day dispatch of goods.

 

    1. TERMS AND CONDITIONS ARE SUBJECT TO CHANGE
      1. Auto Hero may alter these terms and conditions at any time without the prior written consent of the User.

 

TERMS OF USE TYRE RETAILERS

Recitals

        1. Auto Hero is in the business of providing an online platform that facilitates the introduction of Users and Tyre Retailers to each other.
        2. Auto Hero does not sell or acquire any products or related services shown on the Auto Hero website and acts only as a facilitator in the transactions between Users and Tyre Retailers.
        3. Auto Hero invites Users to upload information to their website (www.autohero.com.au) regarding the Products and/or Services they sell. Auto Hero then makes the User information available on their Auto Hero database, which the Tyre Retailer may access for a Fee.
        4. In consideration for paying Auto Hero a Fee, the Tyre Retailer shall provide the User with a quote (processed through the Auto Hero website) which forms an offer to supply Products and/or Services to the User.(Customers).
        5. Auto Hero does not warrant or guarantee that the User will accept an offer from the Tyre Retailer for the provision of Products and/or Services, Even if a deposit has been paid by the user.
        1. Contact Information means the information provided by the User to Auto Hero, including but not limited to personal details (such as name, address, phone number, vehicle make and model) and information regarding the Products and/or Services they require, such as tyre brand, size, quantity
        2. Fee means the amount paid by a Tyre Retailer.
        3. GST means Goods and Services Tax.
        4. Lead means an individual User’s Contact Information
        5. Product means tyres, goods and anything else provided by the Tyre Retailer to the User, or quoted by the Tyre Retailer to the User in connection with this Agreement;
        6. Service means the fitment of the Product and any other service carried out by the Tyre Retailer for the User, or quoted by the Tyre Retailer to the User in connection with this Agreement.
        7. Auto Hero means Auto Hero and www.autohero.com.au
        8. Tyre Retailer means you.
        9. User means the party who uploads their information to the Auto Hero website in order to obtain Products and/or Services from the Tyre Retailer.In consideration of Auto Hero allowing the Tyre Retailer to obtain access to its website, the Tyre Retailer agrees to pay to Auto Hero an agreed subscription fee.
        10.  
        1. The cost of the Fee shall be charged to the credit card or debit card that has been provided to Auto Hero from the Tyre Retailer.
        2. In the event that the payment of the Fee is rejected by the card issuer provided by the Tyre Retailer, Auto Hero will be entitled to suspend the Tyre Retailer’s access to the Auto Hero website.
      3. REFUNDS
        Auto Hero does not provide any refunds for any Fees paid by the Tyre Retailer unless Auto Hero is satisfied at its own discretion a refund is due.
        1. Use of User Contact Information
        2. The Tyre Retailer must only use the Contact Information of the User that has been obtained from Auto Hero in accordance with the terms of this Agreement.
        3. The Tyre Retailer must not use or disclose the Contact Information for any other purposes (including but not limited to the disclosure of information to third parties).
      4. PROVIDING QUOTATIONS TO THE USER.
        The Tyre Retailer must provide a quote that is accurate and truthful as set out below:
        1. All prices must be final and include the costs of the following (if applicable):
        2. The tyres;
        3. The cost of balancing;
        4. Fitment;
        5. GST;
        6. Tyre disposal
        7. Such other costs the Tyre Retailer expects at the time will be incurred by the User.
      5. AUTHENTICITY OF INFORMATION
        1. The Tyre Retailer acknowledges that Auto Hero will not be held liable for incorrect, false and/or misleading information provided by Users on the Auto Hero website.
        2. If a User accepts a quote from the Tyre Retailer, the Tyre Retailer should take steps to verify the correctness of the information provided by the User prior to providing the Products and/or Services.
      6. FITNESS FOR PURPOSE
        1. The Tyre Retailer acknowledges that the Product and/or Service provided to the User by the Tyre Retailer is suitable for the purpose which the User requires it, including but not limited the tyre make, size, load and speed rating.
        2. The Tyre Retailer indemnifies Auto Hero against all claims arising under the Australian Consumer Law in regards to the suitability and/or quality of the products purchased by the User from the Tyre Retailer.
      7. GUARANTEES
        The Tyre Retailer guarantees that the Products and/or Services provided to the User have all of the necessary guarantees contained in the Australian Consumer Law and other legislative instruments.
      8. WAIVER
        1. The Tyre Retailer indemnifies Auto Hero and each of its employees, directors agents or contractors against all claims arising out of or in connection with the Product, the Service or any dispute between the Tyre Retailer and the User, including all direct, indirect, consequential damage and loss including, but not limited to, liability to third parties, loss of production, loss of business opportunity, loss of profit and pure economic loss. This indemnity does not extend to any claim to the extent that it is caused by the negligence or default of Auto Hero (as the case may be).
        2. The Tyre Retailer indemnifies Auto Hero, whether at common law or under any relevant statute, by any person employed by the Tyre Retailer in the performance of the Product and/or Service or the Retailer’s obligations under the Contract.
        3. The Tyre Retailer indemnifies Auto Hero against all losses, damages, costs and expenses in respect of death, personal injury and property damage arising out of the Tyre Retailer’s activities.
      9. DISPUTES REGARDING PRODUCTS AND/OR SERVICES
        1. The Tyre Retailer acknowledges that Auto Hero will not be held responsible, or be any way involved in any disputes between the User and Tyre Retailer regarding the Product and/or Service.
        2. The Tyre Retailer acknowledges that Auto Hero does not have a disputes resolution service and the Tyre Retailer is responsible for resolving complaints with Users themselves.
      10. TERMS AND CONDITIONS ARE SUBJECT TO CHANGE
        1. Auto Hero may alter these terms and conditions at any time without the prior written consent of the Tyre Retailer.

      11. Membership renewal, Payments and Cancellation

    1. Retailers may cancel their membership for Auto Hero with written notice only when not in contract and must provide one-month billing notice. Example If you cancel on 15th January, February will be your last billing month. (You must pay for all of February) 

      2. Memberships auto-renew on the 1st day of every month. 

      3. All Payments are from your nominated credit card, Auto Hero has the authority to debit this card for all outstanding payments without notice. 

PRIVACY POLICY

The Auto Hero website www.autohero.com.au and Mobile Application platforms (“Auto Hero Platforms”) are owned and operated by Auto Hero (t/a Auto Hero). Auto Hero  ("Auto Hero", "we," "us," "our") is committed to protecting your privacy. We will only use the information that we collect about you lawfully.

Please note that use of the Auto Hero Platforms by you is subject to this privacy policy (the "Policy") and the terms and conditions of use ("Terms and Conditions"). Where this Policy uses a word starting with a capital letter, that term will be defined in the Terms and Conditions or elsewhere in this Policy.

Our Policy explains what information we collect on the Auto Hero Platforms, how we use and/or share this information, and how such information is maintained. By using the Auto Hero Platforms, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, in whole or part, you should not use the Auto Hero Platforms. Please note that this Policy applies only with respect to the information collected on the Auto Hero Platforms and not any information collected or obtained through other methods or sources.

Our Policy ensures that any information you provide us remains private and secure. To reassure you, below we provide details of the information you provide to us, and how it will and, more importantly, will not be used. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by contacting us (and there may be an administrative fee payable for this). If you find any inaccuracies we will delete or correct it promptly.

We collect Personally Identifiable Information ("PII") that is volunteered during Registration or in response to specific information requests explicitly presented to you.

The types of personal information we collect include name, contact details, identification information, payment and transaction details/history (records of your communications and interactions with us) and details/history of preferences, interests and behavior relating to transactions, products, services, location and activities on our Auto Hero Platforms.

We may also collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer the Auto Hero Platforms. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

We may ask for your e-mail address during your use of the Auto Hero Platforms. Also, to effect Offers you may be requested to provide any or all of the following PII: first and last name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card details.

We may also collect location based data at various times, however, this location data will not be tied to any identifiable user information and you will need to allow us to collect this data via your device settings.
All PII is retained in accordance with the Privacy 1998 and the Australian Privacy Principles.

We use PII to provide you with information about Auto Hero, to properly provide you with the Service and for marketing ourselves to you. It is our policy not to sell or pass any PII to any other organisations (outside our group companies) unless we are required to do so for fraud prevention and detection. We will never sell or rent your PII to anyone else for their marketing purposes without your consent.

We may pass your PII to our agents and subcontractors to help us with any of our uses of your information set out in this Policy. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card provider to process a payment.

We also always reserve the right to disclose PII in order to:

      1. comply with applicable laws;
      2. respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
      3. comply with a valid legal process or procedure; or
      4. protect our rights or property, this Website, and/or other users of this Website.

We may utilise overseas based related companies, employees, contractors or service providers service providers) from time to time and this may involve the transmittal of your PII overseas. We take steps to ensure that all our service providers agree to protect the privacy and security of your PII, and use it only for the purpose for which it is disclosed. The overseas based entities can only use the PII only for these contractually agreed purposes and must handle it in a confidential and secure manner in accordance with Australian privacy legislation. You acknowledge that aware that the overseas recipient of your personal information may not be bound by laws which provide the same level of protection for personal information provided by the Australian Privacy Principles and agree we will not be responsible for any breach of privacy by the recipient of the PII.

We use "cookies", technology to store data in your computer using the functionality of your browser. A lot of websites and applications do this, because cookies allow the website publisher to do useful things like find out whether the computer (and probably its user) has visited the site before. You can usually modify your browser to prevent cookie use - but if you do this the Service (and the Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behavior of visitors to the Auto Hero Platforms.

Also, in the course of serving advertisements to the Auto Hero Platforms (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third party advertisers or ad servers is not subject to this Policy, but is subject to their own respective privacy policies. (Please note that use of the Website, is neither intended for, nor directed to, children under the age of 18).

We may email or send you SMS’s for the following purposes:

      1. As part of the Service. For example, we may contact you in some of the following circumstances:
      2. after Registration, notifying you of your account details;
      3. as reminder emails about the services we offer (particularly if you have not used them yet or not used them for a while);
      4. to send you information or Offers which you have asked for;
      5. to provide you information about delivery of your purchase
      6. as a newsletter;
      7. as promotional emails; and
      8. to offer related services to you from Auto Hero or its related companies

However, in terms of any marketing or promotional emails or SMS’s we may send, we will always give you the chance to opt-out (or unsubscribe) from them in the future.

The PII which we hold will be held securely within our systems in accordance with our internal security policy and the law. We hold your personal information for 3 years after it is last accessed or used by us.

Regarding information transmitted between the Auto Hero Platforms and and/or users, while we take reasonable precautions to safeguard this information, we may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information during transit. Users acknowledge this risk when communicating with the Auto Hero Platforms.

If there is a sale, merger, consolidation, change in control, sale or transfer of substantial assets, reorganisation or liquidation or Auto Hero then, in our sole discretion, we may transfer, sell or assign information collected on and through the Auto Hero Platforms (including, without limitation, PII and other information), to one or more relevant third parties.

If you have any questions or concerns, or if you wish to request access to your personal information held by Auto Hero, please feel free to contact us.

Please note that this Policy forms part of the terms and conditions for use of this Auto Hero Platforms and forms part of the Agreement between you and us. We may, from time to time, amend this Policy, in whole or part, in our sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy on the Auto Hero Platforms. Depending on the nature of the change, we may announce the change: (a) on the home page of the Auto Hero Platforms, or (b) by email, if we have your email address. However, in any event, by continuing to use the Auto Hero Platforms following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Auto Hero Platforms.

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