Auto Optix | Service Video Transparency

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These Terms and Conditions govern the access or use by you ("User") as an individual or corporation of the application, website and services provided by CDS PARTNERS PTY LTD ACN 633 190 637 ("the Company") a proprietary limited company registered in Australia having its offices located at Suite 1/20 Baynes Street, Margate, Queensland 4019. By downloading the application Auto Optix ('the App") Users are agreeing to be bound by the following terms and conditions. As the terms and conditions contain important rules of use, Users they should read them before proceeding to download the App.

Interpretation and Definitions

In the interpretation of this Terms and Conditions:

App means the technological platform owned by the Company that enables a User who has downloaded and who pays a monthly fee to carry out video audits of their customer's vehicles by utilising a video streaming system which stores the data on a third-party storage system.
Consumer Guarantees are Consumer rights that are defined and enforced by the Australian Consumer Law.
Company's Website means the website located at www.autooptix.com.au .
Device means the technological system which the User has utilised to download the App, which includes systems used to access the Company's Website and the system which is utilised to use the Services of the App itself.
The Company refers to CDS PARTNERS PTY LTD ACN 633 190 637.
References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
Grammatical forms of defined words or phrases have corresponding meanings;
Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
Reference to the App includes updates to the App;
Reference to the Terms and Conditions includes the Terms and Conditions as novated, altered, supplemented or replaced from time to time;
Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
Privacy Policy means the Company's privacy policy, as amended from time to time and published at the webpage accessible using the address http://www.autooptix.com.au/privacypolicy (or any replacement web page).
Payment Amount means the Subscription Fee paid by Users that may be charged from time to time pursuant to these Terms and Conditions.
Services means all the functions which enables a User who has downloaded and who pays a monthly fee to carry out video audits of their customer's vehicles by utilising a video streaming system which stores the data on a third-party storage system and the subsequent SMS systems.
Subscription Fee means the following, and as amended from time to time pursuant to these Terms and Conditions: 1. Where there is up to five (5) technicians employed by the User - $295.00 including GST; 2. Where there is between six (6) and ten (10) technicians employed by the User - $440.00 including GST; 3. Where there are more than ten (10) technicians employed by the User - $Price on Application.
Third Party Advertisers means entities that may utilise the App to advertise various goods and services in agreement with The Company.
Third Party Providers means entities that provide services that assist with effectively facilitating the services of the App but are otherwise unrelated to the Company.
Third Party Services means the services related to the App provided by Third Party Providers- specifically Billing Services, Data Storage Services and SMS Services.
User means an individual, company or other entity who downloads the App.

Governing law and jurisdiction

These Terms and Conditions are governed by and must be construed in accordance with the laws of Queensland. The Company and the User:

Irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and all courts which have jurisdiction to hear appeals from those courts; and
Waives any right to object to proceedings being brought in those courts for any reason.

The Services

The App constitutes a technological platform that enables a User who has downloaded and who pays a monthly fee to carry out video audits of their customer's vehicles by utilising a video streaming system which stores the data on a third-party storage system ("the Services").
The App is designed to be downloaded by Users who agree to be bound to these Terms and Conditions.
Users of this App are in no way employees, contractors, affiliates or otherwise associated with the Company.

Third Party Providers

The User acknowledges that the Services provided by the App rely on engaging with Third Party Providers in order to successfully bill Users, SMS Users and store User's data.

Private Information May Be Sold and Used

Notwithstanding anything in these Terms and Conditions, the Company may from time to time sell User's information or data to Third Parties without the prior consent of Users, subject to the law.
Should the Company choose to sell the App, they may opt to sell the User's private information and data as well without prior consent of the Users.
The User's consent to the Company using their personal information and data is necessary in order to operate the Services of the App effectively.

Privacy Policy

The Company will handle Users personal information in accordance with the Privacy Policy of the Company.
The Company does not guarantee the privacy of data that reaches the Third Party Providers related to the Services provided by the App.
The Services rendered by the App require interaction with Third Party Providers that the Company does not control and the User acknowledges that different terms of use and privacy policies may apply to the User's use of these Third Party Providers services.

May Partner with Advertisers

Users acknowledge that the Company may partner with advertisers and that:

Services and data may be accessed in connection with Third Party Advertisers that the Company does not control;
Users acknowledge that these Third Party Advertisers products and services may have different terms and conditions that apply;
The Company does not endorse and is not liable for the products or services of these Third Party Advertisers.

Limited Liability

Except for any liability under the Consumer Guarantees: 1. The Company is not liable for any Loss or other consequences arising from or in connection with:
1. The User downloading, installing or using (or the User's inability to download, install or use) the App including, without limitation, any and all actual or anticipated loss or profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;
2. Any action taken or not taken by a third party in relation to a transaction that involves a third party;
3. Any information provided to the Company that may be inaccurate;
4. Any damage to a User's Device as a result of accessing or attempting to access the App; or
5. The User taking pictures of app screens in the course of using the App; and 2. To the extent permitted by law, the Company's liability is limited to resupplying the Services accessible through the App or to paying for the resupply of the App or any part of it to the User;
Users agree to indemnify the Company from any and all liability claims arising out of use of Services in connection with the App except in circumstances to the extent that the Company proportionally caused harm. The User agrees to indemnify the Company in the following situations including but not limited to:

1. Any breach, harm or cause of action arising from the actions, inaction or negligence of Third Party Providers in connection with the App, including but not limited to, third party data storage, third party billing services and third party SMS services;
2. Any breach, harm or cause of action, inconvenience or loss of monies arising out of scheduled downtime of the Services provided by the App;
3. Any breach, harm or cause of action arising from the actions, inaction or negligence of the User;
4. Any technical malfunction of the App or Website which is not a result of action, inaction or negligence of the Company.

The Company does not endorse and is not in anyway liable for the products or services of affiliated Third Party Providers.
The Company does not guarantee that the App and its Services will function on particular devices and does not accept any liability arising from inability to function on particular devices.
The Company makes no guarantee as to the speed, reliability or other performance of the App. The performance of the App depends on various factors, including the functions, capacity and configuration of the User's Device, the speed of the User's internet connection, and the number of users accessing the systems which support the App.
The Company will use reasonable endeavours to make the Services provided through the App available however the availability of those Services depends on various Third Party Providers of both the User and the Company, and as such the Company does not warrant or guarantee that the User will be able to use the App at any time or that the User's use of the App will be continuous, uninterrupted, secure or error-free.
While third party software is used, the App is constrained by the preparedness of the third-party software owner to rectify errors and provide updates of the applicable third party software. The Company will use reasonable endeavours to resolve any errors in third party software. For the avoidance of doubt the Company shall not be liable as a result of its failure to resolve any errors contained in third party software.
The User acknowledges and agrees that the Services provided through the App may not be available for use from time to time, and that the User may be disconnected from its use of the Services at any time for any reason including the following: 1. Any network connection difficulties occur; 2. The systems providing the Services are unavailable for any reason (including so that maintenance can be performed); 3. The User breaches any of these Terms and Conditions; or 4. The Company decides to terminate the User's access to the Services for any reason.

User Requirements & Conducts

In order to download and utilise the App, Users agree to be bound by the following requirements of their conduct, and in exchange, the Company grants the User a revocable, non-transferrable non-exclusive licence to download, install and use the software for the App for the purposes set out in these Terms and Conditions:

Users acknowledge that they are 18 years or older.
Users create an account via the website at https://portal.autooptix.com.au/login. Users must keep their login details to their account confidential, and not disclose it to any person, or authorise or permit any other person to use the User's account. If Users breach their obligations under this paragraph and another person uses the App under the User's account, the User is responsible and liable for that use of the App, as if that use of the App was by the User.
Users agree to inform the Company as soon as possible if the User suspects that its account login is known to someone else, or if the User suspects any unauthorised use of its account. If the User does not inform the Company or unreasonably delays in informing the Company, the User may be liable for unauthorised transactions.
Users agree to pay the Subscription Fee on a monthly basis.
Payment of the Subscription Fee will be deducted automatically from the User's nominated bank account.
Users agree not to allow third parties to use their account to utilise the services of the App or to otherwise sell, rent, lease, sub-license, assign, exchange or otherwise transfer the App or their rights under the App Terms and Conditions.
Users agree not to copy, distribute, modify, tamper with, dissemble, decompile, reverse engineer the App or derive the App's source code from its object code.
Users agree not to create derivative works of or from the App.
Users agree not to use, or attempt to use, the App: 1. to create explicit, violent or otherwise inappropriate content; 2. for any unlawful or dishonest activity; 3. to access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code; 4. to obtain unauthorised access to, or damage, disrupt or interfere with the operation of, any computer, system, application, network or service; 5. to transmit, publish or communicate bulk and/or unsolicited messages; 6. in any way that may bring negative exposure or harm to the Company or other users of the App; or 7. In any way that may cause the Company or other users of the App to incur liability to a third party.
Users agree that they may not: 1. remove any copyright, trademark or other proprietary notices from any portion of the Services; 2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company.
Users agree not to permit or assist any person to engage in any act described in paragraphs (f)(g)(h)(i) or (j) above.
The User acknowledges that the Company retains ownership of all websites, products and services related to the App, despite the use by customers.
The User acknowledges that all copyright and other intellectual property rights in the App are owned by the Company.
The User acknowledges that they agree to give the Company permission to message Users through the App and for affiliated Third Party Providers to message Users unless the User chooses to opt out.
The User agrees that to use the App and its features, the User may need to grant the App the permissions and access to the User's Device and other applications that it requires. If the User does not grant these permissions and this access, the User may be unable to use the App or some of its features.
The User acknowledges that they are responsible for obtaining data network access to use the services provided by the App. The User acknowledges that it is solely responsible for all internet access, data download and other network charges arising from the User downloading, installing or using the App and the User acknowledges and agrees that the Company has no responsibility or liability for those charges. 1. Where another person is liable to pay those charges under the relevant internet service, mobile data or mobile telephone account used by the User, the User acknowledges and agrees that the User has obtained their consent to the User downloading, installing and use of the App.
The App uses the internet to provide the Services. By using the App, the User acknowledges and agrees to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect the User's Device.
The Company does not warrant or guarantee the security of the App. The User is solely responsible for the security of its Device (including any data stored on that Device) and for using appropriate and up-to-date software on its Device to detect and manage the threat posed by viruses and other harmful code.
All software has security vulnerabilities. The Company may from time to time identify vulnerabilities in the App and make available updates to try to resolve these vulnerabilities but is under no obligation to do so. The User acknowledges and agrees that it will use the most up-to-date version of the App available from time to time, and will check regularly for updates to the App.
The Company may ask a User to cease any conduct which it believes is contrary to the User's obligations under the Terms and Conditions. The User must immediately comply with any such request.
The User acknowledges that the video or videos which are created by the User using the App will be stored by the Company, using a video streaming system which stores the data on a third-party storage system, for a minimum of 24 months from the date the video is uploaded to the App however the Company makes no assurances, promises or guarantees that the video or videos will be stored for any such longer period than 24 months.

Payment & failure to pay

The User agrees that the Subscription Fee will be deducted on a monthly basis from the User's nominated credit card ("Payment Amount").
Should any monthly Payment Amount fail to process: 1. The User will be notified by the Company that their payment has failed to process; 2. The User will have a period of seven (7) days from the date that payment was due to make the payment or all Services related to the App will be cancelled and the User will be unable to utilise the Services or the App.
The Company reserves all rights to pursue Users legally for unpaid payments under these Terms and Conditions.

Fees

Subject to the law, the Company may change, impose or increase the fees payable by the User for use of the App. The Company will give the User at least 30 days prior notice before changing, imposing or increasing any fee relating to the use of the App.

Suspension or termination of App

The Company reserves the right to suspend, block access or terminate the User's use of the App, the Services provided through the App and/or any of its features or components at any time and for any reason, without notice to the User. If requested by the Company, the User must immediately cease use of the App and remove it (and all associated data) from the User's Device.

Amendment

Subject to the law, the Company reserves the right to vary and/or amend these Terms and Conditions at any time without notice. The Company may require the User to confirm its acceptance of changes before the User continues to use the App.
The User should consider any changes that the Company notifies to the User regarding the Terms and Conditions.
If the App Terms and Conditions are amended, the User must comply with the Terms and Conditions, as amended.
If the User does not accept the amended Terms and Conditions, the User must immediately cease using the App.

Waiver

Any waiver by the Company to a breach of these Terms and Conditions shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
The Company does not waive a right, power or remedy in connection with the Terms and Conditions if it fails to exercise or delays in exercising the right, power or remedy.

Events beyond control

Neither party shall be liable to the other party for any loss caused by any failure to observe the Terms and Conditions, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, failure of third party technology including but not limited to internet providers, restrictions and prohibitions or any other actions by any government or semi government authorities.

Severance

If any provision in these Terms and Conditions is unenforceable, illegal or void in a jurisdiction, it is severed for that jurisdiction and the rest of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Notices

The App may give notices pertaining to its Services to Users via email or text. Users may give notice to the Company at:

Address - Suite 1/20 Baynes Street, Margate, Queensland 4019
Email – support@autooptix.com.au