Terms & Conditions

RepairConnection Terms & Conditions

Last Updated: 04/02/2024

Thank you for selecting the RepairConnection part pricing solution (Service) offered via the platform located at www.repairconnection.com (Platform).

The Platform is owned and operated by entities in the DNS Technology Group. The Service is provided to you by Clear21 Pty Ltd ACN 645 481 983.

Please read these terms and conditions (Terms) carefully, as they constitute a legally binding agreement between you and Clear21 Pty Ltd in relation to the Service.

1. AGREEMENT

1.1 These Terms set out the basis on which we permit you to access the Service and enjoy a Subscription (as defined below in paragraph 2).

By clicking ‘I Agree’ or otherwise by installing, accessing or using the Service, you agree to be bound by:

(a) these Terms; and

(b) the RepairConnection policies applicable to the Service and your Subscription that can be found at https://www.repairconnection.com/ or as otherwise notified by us to you from time to time.

1.2 In these Terms, all references to:

(a) ‘us’, ‘we’, ‘our’ and ‘RepairConnection’ are references to Clear21 Pty Ltd ACN 645 481 983; and

(b) ‘you’ and ‘your’ are references to our customers and other individuals or entities who we permit to access and use the Service and Platform under paragraph 3.

Changes to Terms

1.3 We may update or modify these Terms from time to time.

1.4 If we update or modify these Terms, we will update the ‘last modified’ date at the top of this page, and notify you via the ‘What’s New’ section of the Platform that the Terms have been changed. You are responsible for reviewing any changes to the Terms. If you do not accept the changes, you must not use or access (or continue to use or access) the Service and you may cancel your Subscription in accordance with paragraph 15. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.

Australia & New Zealand only

1.5 We do not represent that the Service is appropriate or available for use in jurisdictions outside Australia or New Zealand. You are responsible for compliance with all applicable laws pertaining to your use of, and access to, the Service in your jurisdiction.

2. LICENCE TO USE THE SERVICE

2.1 For such period that you have an active and paid subscription with us for the Service (Subscription Period), we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable licence to access and use the Service solely for your internal business purposes, subject to these Terms (Subscription).

2.2 At all times during the Subscription Period and after, you must not commercialise, sub-licence, resell or otherwise exploit the Service or your Subscription in any way that is not expressly permitted by these Terms.

2.3 Either of us may cancel your Subscription by giving at least 7 days’ notice prior to the end of a Subscription Period (in which case your Subscription will end at the conclusion of that Subscription Period). If neither of us gives such notice, your Subscription will renew [on a quarterly basis / for the same Subscription Period], unless your access to the Service is cancelled or terminated in accordance with these Terms (see paragraphs 15 and 16 respectively).

3. PERMITTED USAGE

3.1 The Service is intended for use by:

(a) organisations or sole traders that primarily carry out the business of undertaking repairs to the bodywork of vehicles, caravans or vehicle suspension systems, or any other business that is authorised by us from time to time (Authorised Repairers);

(b) original equipment manufacturers (OEMs) and authorised resellers of new vehicle parts built by OEMs, where such reseller is part of an authorised dealer network and has an authorised dealer license number from the relevant OEM (together, Dealer OEMs); and

3.2 If you are not operating as an Authorised Repairer, Dealer OEM or Seller, you are not permitted to use the Service. Similarly, you may not use the Service for purposes other than to operate as an Authorised Repairer, Dealer OEM or Seller, including for any purposes related to vehicle wrecking.

3.3 You acknowledge and agree that:

(a) the Service enables Authorised Repairers, Dealer OEMs and Sellers to quote for vehicle parts (Quote);

(b) each Quote may form the basis of a transaction for the sale and supply of vehicle parts (Transaction), which is a contract between an Authorised Repairer and a Dealer OEM or Seller, as applicable; and

3.4 You agree that by using the Service:

(a) you will not utilise the Service for any purpose other than the permitted purpose set out in this paragraph; and

(b) you will not use any information obtained from the Service for any purpose that contravenes any legislation, regulations, government policy or is otherwise prohibited by law (including, without limitation, to send marketing or commercial electronic messaging on the basis of information obtained via the Service).

4. PAYMENT

4.1 In consideration for the Service, you agree to pay to us the fees (Fees) set out at www.repairconnection.com/#pricing, as updated from time to time (Pricing Terms).

4.2 You must pay the Fees in Australian dollars (if you are an Australian business) or New Zealand dollars (if you are a New Zealand business), plus any applicable taxes, including GST.

4.3 Fees will be invoiced quarterly in arrears during your Subscription Period, provided the ‘Free Transaction Threshold’ (as set out in the Pricing Terms) has been exceeded in the prior month. You must pay any invoiced amount by the end of the calendar month in which it is sent to you.

4.4 If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your Subscription.

4.5 If you fail to pay the Fees in accordance with these Terms and the Pricing Terms, we may suspend or cancel your Subscription.

5. SERVICE PERFORMANCE

5.1 We commit to achieving a system up-time for the Service of not less than 99% during ordinary business hours, calculated and averaged over a period of 12 calendar months from the commencement of your Subscription. This calculation will exclude any scheduled downtime for which reasonable prior notice is provided to you, any downtime caused by the Platform hosting provider or a force majeure event described in paragraph 17.4 or any other permitted downtime or interruption as specified in these Terms.

5.2 Use of the Service may be available through a range of devices using Internet access and may require software which meets particular operating requirements. You are solely responsible for these requirements, including any applicable charges, updates and fees (including data plans, and general usage), as well as the terms of your agreement with your mobile device and telecommunications provider. We make no warranties or representations of any kind as to the availability of your telecommunication services from your provider, or any loss or damage you may incur by use of your telecommunication services.

5.3 You may, from time to time, engage other suppliers to provide you with products and/or services that relate to the Service. We are not responsible for the performance of other suppliers engaged by you, or the integration of third party products or services with the Service.

5.4 We may update, modify, upgrade, develop, backup, add or remove features, redesign, improve or otherwise alter the Platform or Service in our discretion at any time. This may extend to changes to the Service in order to maintain consistency across our customer base.

6. YOUR OBLIGATIONS

6.1 You are responsible for ensuring that all information, data (including Customer Data (as defined in paragraph 10.1)) and materials uploaded or posted to, or stored by us through your use of, the Service (Content) complies with these Terms.

6.2 You agree not to use, nor permit any third party to use, the Service to upload, post, distribute, link to, publish, reproduce or transmit any of the following:

(a) illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information, communications or Content of any kind;

(b) Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

(c) investment opportunities, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communication which engage in spamming or flooding;

(d) any computer virus, Trojan horse, worm or other disruptive or harmful software or data; or

(e) any Content which is not legally yours and / or where you do not have the permission of the owner of the Intellectual Property (as defined in paragraph 7.1) in the Content to do so.

6.3 You agree not to use, nor permit any third party to use, the Service, Platform or Content in a manner that violates any applicable law or these Terms. You also agree you will not:

(a) provide access to or give any part of the Service or Platform to any unauthorised third party;

(b) reproduce, modify, copy, deconstruct, rent, lease, sell, trade, resell, adapt, translate, reverse engineer, de-compile or disassemble the Service (or the Platform any software or component comprising the Service or Platform) or any related materials or information; or

6.4 You are responsible for securely managing your log-in details and password(s) for the Service. You must immediately notify us if you become aware of any unauthorised access to your account or disclosure of your log-in details and password(s).

6.5 You agree to:

(a) provide us with such access, facilities, information, cooperation and assistance that we reasonably require in order for us to provide the Service and properly perform our obligations under these Terms;

(b) comply with our directions and restrictions regarding access to and use of the Service, including, where applicable, any instructions to remove any Content from the Service;

(d) immediately cease any use of the Service that, in our opinion, does not constitute acceptable use, and which has been detailed in a notice from us to you; and

(e) where you become aware of any actual or potential misuse of the Service, notify us in writing as soon as reasonably possible.

6.6 You are solely responsible for determining that the Service meets the needs of your business and is suitable for the purposes for which the Service is used.

6.7 You acknowledge that we may monitor your Content, and agree that we may disclose any information or Content to third parties if this is necessary to satisfy our legal obligations, protect RepairConnection or our customers, or operate the Service properly.

6.8 We may in our sole discretion review and inspect your use of the Service to ensure it complies with these Terms, any policies or directions notified to you, and any applicable laws. You are responsible for all such compliance, and you acknowledge and agree that:

(a) we may or may not notify you of the findings of any review or inspection undertaken by us; and

(b) regardless of any review or inspection undertaken by us, you are fully responsible for ensuring compliance with these Terms, any policies or directions notified to you, and any applicable laws in connection with your use of the Service.

7. INTELLECTUAL PROPERTY

7.1 In these Terms, Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and any right to apply for registration of such rights.

7.2 Except as expressly provided in these Terms, nothing in these Terms transfers ownership in, or otherwise grants to the other party any rights in, the Intellectual Property of a party.

7.3 You acknowledge that we and/or our licensors (as the case may be) own and retain all Intellectual Property in the Service and anything else supplied or made available by us under these Terms (RepairConnection IP).

7.4 Without limiting paragraph 7.3, any:

(a) Intellectual Property developed by us or on our behalf under or in connection with these Terms; and

(b) changes, additions or improvements to RepairConnection IP or the Intellectual Property referred to in paragraph (a),

immediately and directly vests in us upon its creation and will form part of the RepairConnection IP.

7.5 You acknowledge and agree that you have no ownership rights, title or interest in or to the RepairConnection IP and must not dispute our ownership of the same.

7.6 To the extent permitted by applicable laws, you grant RepairConnection a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free, non-exclusive license to store, host, use, copy and modify any Content provided through your use of the Service, including Intellectual Property comprised in such Content. We will treat such Content in accordance with these Terms.

7.7 You may choose or we may invite you to submit feedback, suggestions, or ideas about the Service, including in relation to future modifications of the Service, other products or services, advertising or marketing materials, which includes without limitation any suggestions for improvements submitted through the RepairConnection ‘Wish List’ function (Feedback). To the extent permitted by laws, by providing any Feedback to us, you:

(a) agree that we may use such Feedback for our business and commercial purposes without any compensation to you, including without limitation for development and improvement of the Service; and

(b) grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free license to store, host, use, copy and modify the Feedback (including Intellectual Property in the Feedback) you provide to RepairConnection in any way.

7.8 Despite any other provision of these Terms, you agree that we may use your Content or any other data set which relates to your use of the Services on an anonymised and aggregated basis, for the purpose of creating or providing to third parties statistical or analytic-based information about the Service, our business, or the activities of our customers.

7.9 You must do all acts and things necessary to give effect to this paragraph 7.

8. CONFIDENTIALITY

8.1 In these Terms, Confidential Information means, in relation to a disclosing party (Discloser), all information or knowledge that:

(a) is by its nature confidential;

(b) is designated by the Discloser as confidential or proprietary to the Discloser or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (Related Bodies Corporate); or

(c) the party that receives the Confidential Information (Recipient) reasonably ought to know is confidential, but does not include:

(i) information or knowledge rightfully obtained, by the Recipient from a third party;

(ii) information or knowledge that is publicly available (otherwise than as a breach of these Terms); or

(iii) information or knowledge that was known to the Recipient at the time of receipt.

8.2 Except as otherwise permitted by these Terms, including (without limitation) paragraph 7.8, the Recipient must:

(a) only use that Confidential Information for the purposes of exercising its rights and performing its obligations under these Terms;

(b) keep the Confidential Information confidential, and may only disclose the Confidential Information:

(i) to its officers, employees, agents, contractors and subcontractors (Personnel), Related Bodies Corporate or subcontractors who have a need to know for the purposes of fulfilling the Recipient’s obligations under these Terms;

(ii) to its professional advisors, upon obtaining a similar undertaking of confidentiality from such advisors;

(iii) to the extent permitted under these Terms, or as required by any law or order of any court, governmental agency or body having the power to compel disclosure; or

(iv) with the prior written consent of the Discloser;

(c) ensure that its relevant Personnel, Related Bodies Corporate and subcontractors are made aware of and are bound in writing by, the duty of confidence that is owed by the Recipient; and

(d) on discovery of any breach of this paragraph by the Recipient or any person in possession of Confidential Information through the Recipient, immediately notify the Discloser of such breach and co-operate with the Discloser in every reasonable way to help the Discloser regain possession of the Confidential Information and prevent its further unauthorised use or disclosure.

(e) not use any confidential information for unsolicited marketing communication or spam.

iBodyshop

8.3 You acknowledge that the Platform interoperates with the iBodyshop platform (www.ibodyshop.com) owned and operated by the DNS Technology Group. You agree that we may list your company identification, company name, postcode, state, phone and email address of your operations on iBodyshop. Your details will be visible and contactable by registered users of iBodyshop. These details will not be generally available to be viewed by persons that are not registered users of iBodyshop.

Pricing information

8.4 Despite any other provision of these Terms, you acknowledge and agree that:

(a) if you are a Seller (other than a Dealer OEM):

(i) any information related to part pricing, including any quoted sell price (Pricing Information) that you provide via the Service may be viewed by other users of the Service, including Authorised Repairers and Dealer OEMs. This means your Pricing Information is not Confidential Information and may be used by other users of the Service to provide quotations for the same part or for any other reason (and we accept no responsibility for the use of your Pricing Information by such other users);

(ii) your identity will be visible to Authorised Repairers via the Service;

(iii) your status as a Seller (but not your identity) will be visible to Dealer OEMs, including whether you have submitted a Quote and the Pricing Information forming part of a Quote;

(iv) as part of the onboarding process, the Service provides you with the option to select whether you are an OEM Supplier or Seller in respect of your use of the Service and provision of Pricing Information; and

(v) you acknowledge that Dealer OEMs may view the information as set out in paragraph 8.4(b) below.

(b) if you are a Dealer OEM, you may:

(i) view how many Sellers received a request for quotation; and

(ii) view Pricing Information submitted by Sellers using the Service and you are permitted to submit your own quotation, including having regard to any Pricing Information submitted by other Sellers (excluding Dealer OEMs).

(iii) However, you will not be able to view Pricing Information provided by other Dealer OEMs; and

(c) you are responsible for your Pricing Information and any other information you submit to the Service, including the legality and accuracy of such Pricing Information and other information.

8.5 We do not provide any guarantee or representation:

(a) regarding the status of any user of the Service, i.e. whether that user is a Dealer OEM, Supplier or otherwise (irrespective of the option selected);

(b) in relation to the part that is the subject of the Pricing Information; or

(c) in relation to any Transaction (which you acknowledge is a matter directly between Authorised Repairer and Dealer OEMs or Sellers, as applicable.

9. PRIVACY

9.1 In these Terms, Personal Information has the meaning in the Privacy Act 1988 (Cth) or the Privacy Act 2020 (NZ), as applicable (Privacy Act), and in broad terms includes information or an opinion about a person which is reasonably capable of identifying that person.

9.2 You acknowledge and agree that:

(a) in order to provide you with the Service, we may need to collect Personal Information of your Personnel (as defined in paragraph 8.2) or customers;

(b) the primary purposes for which we collect such Personal Information is to manage your Subscription and access to and use of the Service;

(c) we will collect and handle such Personal Information in accordance with RepairConnection’s Privacy Policy, located at www.Repairconnection.com/privacy-policy/ (Privacy Policy), as amended from time to time; and

(d) we use cookies on our websites for system health analytics and anonymous web usage analytics. To the extent (if at all) the data obtained from these cookies results in our collection of Personal Information, such information will also be handled in accordance with our Privacy Policy.

9.3 Each of us must comply with the Privacy Act and any other applicable laws governing Personal Information with respect to:

(a) any Personal Information which is shared between you and us; and

(b) any act done or practice engaged in by you or us, for the purposes of these Terms.

(c) Each of us will implement reasonable technical and organisational measures to protect against the misuse, loss or unauthorised disclosure of any Personal Information that is collected or received by either party under these Terms. Such measures will be in accordance with generally accepted industry practice and in any event will be at least as protective as the measures adopted by a party to protect its own data of a similar nature or importance.

9.4 Despite anything else in these Terms, you must ensure that: you have obtained all necessary consents from, and/or issued all necessary privacy collection notices to, any individuals whose Personal Information may be submitted to the Service or to us directly, prior to submitting that Personal Information; and

9.5 such consents and/or collection notices permit our proposed uses for Personal Information as set out in these Terms or otherwise notified to you (including via our Privacy Policy).

9.6 Each of us must provide reasonable assistance to the other in relation to any privacy-related complaints or regulatory enquiries.

9.7 Each of us must notify the other if it becomes aware of a data breach that is or may reasonably be an ‘eligible data breach’ within the meaning of the Privacy Act, with respect to any Personal Information held in connection with these Terms.

10. CUSTOMER DATA

General

10.1 We acknowledge that data specific to you that is recorded in the Service or otherwise provided by you to us (Customer Data) is owned by you. Customer Data includes repairer name, vehicle registration and VIN, vehicle description, vehicle part descriptions, part numbers and images, as well as Pricing Information submitted by you

10.2 You are responsible for the accuracy, quality and legality of Customer Data, and we accept no liability for the content of Customer Data.

11. PERMITTED DISCLOSURES

11.1 You acknowledge and agree that in order to manage your account for the Service, we may provide your access information and account data (including any Personal Information) to:

(a) your employee or agent who is identified in the registration data as the current system administrator for your account (Current Administrator); and

(b) such other employee or agent who may be designated by you to us in writing as a replacement administrator for your account by following the procedures required by RepairConnection to effect such replacement

11.2 Any other person you identified as an authorised user of the Service will have access to the account data, subject to any access permissions you or the Current Administrator have assigned to them.

12. SERVICE USE, STORAGE AND ACCESS

12.1 We will maintain security controls over Customer Data and Content in accordance with our Security Policy, located at www.Repairconnection.com/security-policy/?country=au (please ensure you select either ‘Australia’ or ‘New Zealand’ as the relevant region). Without limiting our Security Policy, you acknowledge that the Service is hosted on the servers of reputable third parties that administer security controls consistent with good industry practice.

12.2 Despite paragraph 12.1, we may, in our sole discretion and with reasonable notice to you via publication on the Service site or email to the address provided in your registration data, revise, update, or otherwise modify the Service and establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to:

(a) the amount of storage space you have on the Service at any time, and

(b) the number of times (and the maximum duration for which) you may access the Service in a given period of time.

12.3 We may make changes referred to in paragraph 12.2 effective immediately to maintain the security of the Service or user’s access information or to comply with any laws, and will provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service to which such changes relate.

12.4 Your continued use of the Service will constitute your agreement to the changes referred to in this paragraph 12.

12.5 We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

13. WARRANTIES

13.1 Each party represents and warrants to the other party that:

(a) it is duly authorised to enter into these Terms; and

(b) it has obtained all relevant licences, permissions, authorisations, consents and approvals required to perform its obligations under these Terms.

14. LIMITATION OF LIABILITY AND INDEMNITY

14.1 Your access to and use of the Service is entirely at your own risk.

14.2 To the maximum extent permitted by law, and except as otherwise expressly set out in these Terms:

(a) all express or implied guarantees, warranties or representations relating to these Terms or its subject matter are excluded; and

(b) the Service is provided to you on an ‘as is’ basis.

14.3 If any guarantee, warranty or representation is implied into these Terms and cannot be excluded at law but can be limited, then the liability of RepairConnection for breach of such guarantee, warranty or representation is limited to (at our option) to:

(a) supplying the Service again; or

(b) the payment of the cost of supplying the Service again.

14.4 We do not warrant that:

(a) the Service will be error free, free from viruses, operate without interruption (including as a result of interference or prevention of access to the Service as a result of the operation of public telephone services, computer networks and/or the internet) or appear precisely as described to you by us;

(b) external or third party systems connected via integrations by us, will at all times be functional; or

14.5 Except as provided above, each party’s maximum aggregate liability to the other (whether incurred in contract, tort, negligence, breach of warranty, indemnity, in equity or in any other way) arising under or in connection with these Terms, the Services or your Subscription will in no circumstances exceed one months’ subscription Fees. This does not include any Subscription Fees that you owe to us.

14.6 Neither party, its Personnel, affiliates and suppliers will not be liable for any indirect or consequential loss or damage suffered or incurred by the other in any way which arises from your Subscription or use of the Service or otherwise in relation to these Terms.

14.7 You agree to indemnify, keep indemnified and hold RepairConnection and its affiliates and suppliers harmless from any and all claims, liability and expenses, including legal costs, arising out of your use of the Service (including your provision of Customer Data or Content) or breach of these Terms.

14.8 You acknowledge that a breach of any provisions of these Terms, or any infringement of our or our suppliers’ Intellectual Property may cause RepairConnection irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that we will be entitled, in addition to any other remedies available to us, to seek in any court of competent jurisdiction any relief (whether equitable or otherwise) to prevent or restrain any such breach or infringement.

15. CANCELLATION

15.1 You can cancel your Subscription at any time by providing at least 7 days’ written notice to us.

15.2 We can cancel your Subscription at any time by providing at least 7 days’ written notice to you.

15.3 If cancelled under paragraph 15.1 or 15.1, your Subscription will end at the conclusion of the then current Subscription Period.

15.4 Upon cancellation of the Service and with effect from the end of the last Subscription Period:

(a) your access to the Service will cease;

(b) these Terms will automatically terminate;

(d) you will not be entitled to any refund or reimbursement of the Fees (however you will only be invoiced for the period in which you actually receive the Service).

16. TERMINATION

16.1 If you fail to comply with these Terms, we may, in our sole discretion, terminate these Terms or suspend your Subscription:

(a) if you fail to remedy the breach within 7 days’ of receiving a notice from us which sets out the particulars of the breach; or

(b) immediately, if your breach is incapable of remedy.

16.2 Upon termination, you must immediately cease accessing or using the Service, and any outstanding payments will remain due and payable. Any termination of these Terms will not affect our rights to any payments due to us.

16.3 We may terminate a free or trial account at any time and in our sole discretion.

16.4 Paragraphs 1.5, 2.2, 6, 7, 8, 9, 12, 14, 15.4, 16.4 and 17 will survive and remain in effect after these Terms are terminated or expire, as well as any other paragraphs which by their nature are intended to survive and remain in effect after termination or expiry.

17. MISCELLANEOUS

17.1 These Terms will be governed by the laws of Victoria, Australia, and you irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia.

17.2 These Terms constitute the entire agreement between you and us and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of these Terms is invalid, that section will be read down or removed without affecting the remainder of these Terms.

17.3 You may not assign or transfer ownership of or your rights in these Terms to any third party without our written approval. We may assign or transfer its rights to or under these Terms without your consent.

17.4 Neither Party will be liable for any failure or delay in performing any of its obligations under these Terms if the failure or delay is a result of a Force Majeure Event. Despite the previous sentence, the party affected by a Force Majeure Event must as soon as reasonably practicable:

(a) give the other party notice of the Force Majeure Event; and

(b) take all reasonable steps to mitigate the effect of the Force Majeure Event and recommence performance of its obligations.

For the purposes of this paragraph, Force Majeure Event means, in relation to a party (Affected Party): (i) any act or omission of a third party (other than acts or omissions of the Affected Party's Personnel) that is beyond the reasonable control of a party; (ii) fire, flood, earthquake, elements of nature or act of God; or (iii) riot, civil disorder, rebellion or revolution.

18. TRIAL PERIOD

If you registered for a free 30-day trial period for the Service (Trial Period), you may decide to continue with a Subscription, at the then current rate, in which case the trial data will be retained in the Service. If you choose to cancel the Service at the end of the Free 30-day trial period then all data will be deleted.

19. BETA FEATURES

19.1 From time to time, we may, in our sole discretion, include new and/or updated beta features (Beta Features) in the Service for your trial and use (fees may apply), and for which you may provide feedback to us.

19.2 You understand and agree that:

(a) your use of any Beta Features is voluntary and we are not obliged to provide you with any Beta Features;

(b) once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature; and

(c) if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version.

19.3 The Beta Features are provided on an ‘as is’ basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that, notwithstanding any other provision of these Terms all use of the Beta Features is at your sole risk and to the maximum extent permitted by law we exclude all responsibility and liability in connection with your use of the Beta Features.

20. SOCIAL MEDIA SITES

20.1 We may provide experiences on social media platforms such as Facebook, Twitter and LinkedIn that enable online sharing and collaboration among users who have registered to use such platforms.

20.2 Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms.

21. THIRD PARTY PRODUCTS AND SERVICES

21.1 We may:

(a) tell you about third party products or services, including via the Service;

(b) offer products and services to you on behalf of third parties who are not affiliated with us (Third Party Products); and

21.2 If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for this and acknowledge that you should review the separate product terms, website terms and privacy policies of the relevant third parties. We will not be liable for any damages, claims or liabilities arising in relation to the third parties, Third Party Products or Third Party Sites.

22. COUNTRY SPECIFIC TERMS

New Zealand

22.1 In the event of any conflict between the above terms and the country specific terms in this paragraph (Country Specific Terms), the Country Specific Terms will prevail if you are accessing or using the Service in New Zealand.

22.2 Affiliate definition. An “Affiliate” means a Related Company as defined in section 2(3) of the Companies Act 1993 (read as if the expression ‘company’ in that subsection included any body corporate of any jurisdiction).

22.3 New Zealand Consumer Guarantees Act 1993. The New Zealand Consumer Guarantees Act 1993 does not apply.

Contracts (Privity) Act 1982. For the purposes of the Contracts (Privity) Act 1982, RepairConnection’s affiliates and subsidiaries are third party beneficiaries and will be entitled to enforce these Terms.