Terms of Service

1. About these terms

1.1. These Terms of Service ("Terms") are a binding agreement between you ("you", "your", "User") and The Solution Team Pty Ltd ABN 63 682 316 525 trading as The Automotive Solutions Team ("we", "us", "our", "The Automotive Solutions Team", "the Platform"), the operator of The Automotive Solutions Team platform accessible at theautomotivesolutions.com.au.

1.2. By creating an account, accessing, or using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Platform.

1.3. If you are accepting these Terms on behalf of a business, company, or other legal entity, you represent and warrant that you have the authority to bind that entity and its personnel to these Terms.

1.4. We may update these Terms from time to time. We will notify registered users of material changes by email or in-platform notification at least 30 days before the updated Terms take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may close your account before the effective date in accordance with Section 14.

2. The Platform: what we are and what we are not

2.1. The Automotive Solutions Team is a software-as-a-service platform and online marketplace that provides tools for automotive businesses to manage their operations, list inventory, connect with other businesses, and interact with customers.

2.2. We are a technology provider and marketplace intermediary. We do not:

• buy, sell, supply, repair, wreck, auction, or otherwise deal in vehicles, parts, or automotive services ourselves;

• employ, supervise, direct, or control any User or their staff;

• inspect, test, certify, guarantee, warrant, or verify the quality, safety, legality, accuracy, or fitness for purpose of any goods, services, vehicles, parts, listings, or representations made by any User;

• act as agent, partner, joint venturer, franchisor, or employer of any User;

• guarantee or promise any particular level of business, leads, revenue, customers, or commercial outcome to any User;

• provide legal, financial, tax, mechanical, or professional advice of any kind; or

• hold, process, settle, or guarantee payments between Users (unless expressly stated otherwise in a separate Payments Schedule).

2.3. What we provide. We provide software that helps you run your business. We are not a party to any dealing between you and your customers. We do not carry out, supervise or guarantee any repair, service, inspection, quote, parts supply, booking, pricing or advice that you give your customers, and we are not responsible for it. Any dealing between you and another User or third party is between those parties, and we have no obligation to intervene in, mediate, adjudicate or resolve any dispute arising from it, except as described in Section 16.

2.4. Where the Platform displays verification badges, licence information, ABN details, or similar indicators, these reflect information supplied by the User. Unless we expressly state otherwise in writing, they do not represent independent verification, endorsement, or certification by The Automotive Solutions Team.

3. Eligibility and accounts

3.1. To create a business account, you must:

• be at least 18 years of age;

• be a legal resident of Australia or an Australian-registered business entity;

• hold any licences, registrations, or authorisations required by law for the activities you conduct on the Platform (including, where applicable, Queensland motor dealer, wrecker, chattel auctioneer, or motor salesperson licences); and

• provide accurate, current, and complete registration information.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised use of your account.

3.3. Each account must be used by the individual or entity to which it is registered. Shared or transferable accounts are not permitted without our prior written consent.

3.4. You must keep your account information accurate and up to date, including your business name, ABN, contact details, licence numbers, and GST registration status. Inaccurate information may result in account suspension.

4. Subscription and fees

4.1. Access to certain Platform features requires a paid subscription. The current fees, billing cycle, and included features are set out on our pricing page and in any subscription confirmation provided to you.

4.2. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise. GST will be added to the stated fee at the applicable rate.

4.3. We may change our fees by giving you at least 30 days' written notice before the next billing cycle. If you do not agree with the new fees, you may cancel your subscription before the new fees take effect in accordance with Section 14.

4.4. Fees are non-refundable except:

• where required by Australian Consumer Law;

• where we have materially failed to provide the Platform service and are unable to remedy that failure within a reasonable time; or

• as otherwise required by law.

4.5. If payment fails, we may suspend your access after providing reasonable notice and an opportunity to update your payment details.

5. Your use of the Platform

5.1. You may use the Platform only for lawful purposes and in accordance with these Terms, the Acceptable Use Policy, and all applicable Australian Commonwealth, State, and Territory laws.

5.2. Your responsibilities. You are responsible for:

(a) how you run your business and how you use the Platform;

(b) your dealings with your customers, including your prices, quotes, invoices, workmanship, warranties and the consumer guarantees you owe them;

(c) the accuracy of the information, content and images you or your staff enter;

(d) holding any licences, registrations and insurance your business needs;

(e) your obligations under privacy law for the personal information of your customers and staff, including telling your customers how you collect and use their information;

(f) who in your business has access to your account, and keeping your login details secure; and

(g) keeping your own copies of any records you need to keep by law. You can export your data at any time.

5.3. In these Terms, "Your Content" means all content you upload, post, transmit or make available through the Platform, including listings, descriptions, images, prices, reviews, messages, invoices, job cards, quotes and any other material.

6. Listings and marketplace conduct

6.1. If you list goods or services on the Platform, you represent and warrant that:

• you are legally entitled to offer and sell those goods or services;

• the listing description, images, pricing, condition, and any other details are accurate, complete, and not misleading;

• for motor vehicles: you have disclosed all information required by law, including statutory warranty classification, written-off status, odometer readings, encumbrances, and engine replacement history;

• for used parts: you hold any licence required under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld) or equivalent legislation in your jurisdiction;

• your goods comply with all applicable safety standards, environmental requirements, and regulations; and

• you will honour the consumer rights of your buyers to the extent required by Australian Consumer Law, including consumer guarantees that cannot be excluded by contract.

6.2. The Platform is not a party to any sale, purchase, repair, or service agreement between Users. When a transaction occurs through or in connection with the Platform, the contract is between the buyer and the seller (or customer and service provider), not between either party and The Automotive Solutions Team.

6.3. We reserve the right to remove, modify, or restrict any listing that we reasonably believe violates these Terms, the Acceptable Use Policy, or applicable law.

7. Reviews and user-generated content

7.1. Users may submit reviews, ratings, messages, and other content through the Platform. You agree that:

• your reviews and content are your own honest opinions and factual experiences;

• you will not submit false, misleading, defamatory, or malicious reviews;

• you will not submit reviews for businesses you own, operate, or are commercially associated with; and

• you will not offer or accept compensation in exchange for reviews.

7.2. By submitting content to the Platform, you grant The Automotive Solutions Team a non-exclusive, royalty-free, worldwide, transferable licence to host, store, reproduce, display, format, transmit, cache, and distribute that content solely for the purpose of operating, maintaining, and improving the Platform. This licence continues for the period the content remains on the Platform and for a reasonable period afterwards to allow for operational backups, cached copies, and legal record-keeping.

7.3. You retain ownership of Your Content. The licence in Section 7.2 does not transfer ownership to us.

7.4. We may moderate, edit, restrict, or remove any content at our sole discretion, including content that we reasonably believe is inaccurate, misleading, defamatory, offensive, unlawful, or in breach of these Terms or the Acceptable Use Policy. We are not obligated to review all content and do not endorse any content submitted by Users.

8. Intellectual property and platform protection

8.1. Ownership. The Platform (including its software (source code and object code), architecture, user-interface design, workflows, business processes, feature set, data models, branding, logos, trademarks, trade dress, documentation, and all other related materials) is the exclusive property of, or is licensed to, The Automotive Solutions Team. It is protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), Australian common law (including the equitable doctrine of breach of confidence), and applicable international intellectual property treaties.

8.2. No licence beyond access. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose, operating your automotive business or engaging with automotive businesses as a customer. No other right, title, or interest in the Platform's intellectual property is granted or implied.

8.3. Prohibited conduct, copying and reproduction. You must not, and must not permit any third party to:

• copy, reproduce, duplicate, mirror, or clone any part of the Platform, its design, its user interface, its feature set, or its business model;

• reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of the Platform;

• create any product, service, website, application, or platform that is substantially similar to, or derived from, the Platform or any part of it;

• use knowledge gained from using the Platform to build or assist in building a competing product or service;

• photograph, screen-record, or systematically capture the Platform's user interface for the purpose of replication;

• adapt, modify, or create derivative works from any part of the Platform without our prior written consent; or

• remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Platform.

8.4. Confidential information and trade secrets. The Platform's software architecture, feature design, pricing models, internal workflows, data schemas, proprietary algorithms, and business strategies constitute confidential information and trade secrets of The Automotive Solutions Team. By accessing the Platform, you agree not to disclose, share, publish, or otherwise make available any such confidential information to any third party without our prior written consent. This obligation survives the termination of your account.

8.5. Commercial exploitation. You must not use, licence, sell, lease, distribute, or otherwise commercially exploit the Platform, any copy or adaptation of the Platform, or any data obtained from the Platform, for any purpose other than your ordinary use of the Platform as a registered User in accordance with these Terms.

8.6. IP complaints. If you believe that content on the Platform infringes your intellectual property rights, you may submit a written complaint to us at [email protected]. Your complaint must identify the content, the rights you hold, and the basis for your claim. We will review complaints and may remove or restrict access to content that we reasonably determine to be infringing. We are not obligated to adjudicate IP disputes between Users.

8.7. Enforcement and remedies. Any breach of this Section 8 will be treated as a material breach of these Terms. Without limiting any other rights or remedies available to us (including under the Copyright Act 1968, the Criminal Code Act 1995 relating to unauthorised computer access, or the equitable doctrine of breach of confidence), we may immediately terminate your account, pursue injunctive relief, and seek damages (including consequential and exemplary damages where permitted by law). You acknowledge that monetary damages alone may be an insufficient remedy for breach of this Section and that we may be entitled to seek injunctive or other equitable relief.

8A. Automated access, bots, and AI policy

8A.1. Human-only access. The Platform is designed for use by natural persons (human beings) acting in their own capacity or on behalf of a registered business. Automated access to the Platform (including by bots, AI agents, web crawlers, scrapers, spiders, indexing tools, data-mining software, or any other non-human or machine-driven process) is prohibited except as expressly permitted below.

8A.2. Permitted automated access. The following categories of automated access are permitted without prior written consent:

• Official search engine crawlers operated by Google (Googlebot), Microsoft (Bingbot), Apple (Applebot), Yahoo (Slurp), Yandex (YandexBot), and DuckDuckGo (DuckDuckBot), provided they comply with the Platform's robots.txt directives;

• Official large language model crawlers operated by OpenAI (GPTBot), Anthropic (ClaudeBot), Google (Google-Extended), Meta (FacebookBot for AI), and Perplexity (PerplexityBot), provided they comply with the Platform's robots.txt directives and do not use Platform content for model training without separate written agreement; and

• Accessibility tools operated by or on behalf of individual Users with disabilities for the sole purpose of personal accessibility.

8A.3. All other automated access prohibited. Without limiting Section 8A.1, you must not:

• deploy any bot, AI agent, automated workflow, or script to create accounts, submit enquiries, post listings, leave reviews, send messages, or perform any action that mimics human interaction with the Platform;

• use any tool or service to systematically access, index, download, scrape, harvest, or collect data from the Platform (including business listings, pricing information, contact details, reviews, or user profiles);

• use the Platform's content, data, or outputs to train, fine-tune, develop, or improve any machine learning model, artificial intelligence system, or dataset without our prior written consent;

• circumvent, disable, or interfere with any technical measures we implement to detect, prevent, or limit automated access (including rate limits, CAPTCHAs, bot detection, device fingerprinting, or access control systems); or

• access the Platform through any proxy, VPN, or anonymisation service for the purpose of evading detection or access controls (legitimate privacy-tool usage by human Users for personal browsing is not prohibited).

8A.4. No third-party cookies or tracking. The Platform does not allow third-party cookies, third-party tracking pixels, or third-party analytics scripts to operate on the Platform beyond what is disclosed in our Cookie Policy (J4). No User or external party may inject, embed, or deploy any third-party tracking technology on the Platform.

8A.5. Detection and enforcement. We employ technical measures (including but not limited to rate limiting, behavioural analysis, device fingerprinting, honeypot traps, CAPTCHA challenges, and traffic anomaly detection) to identify and block prohibited automated access. Any access that triggers these measures may be automatically blocked, throttled, or terminated without notice.

8A.6. Criminal liability. Unauthorised access to, or modification or impairment of, the Platform's computer systems or data may be a criminal offence under Part 10.7 of the Criminal Code Act 1995 (Cth) and section 408E of the Criminal Code (Qld). Depending on the offence and its circumstances, maximum penalties range from 2 to 10 years' imprisonment. We will report suspected criminal conduct to the Australian Federal Police and relevant state authorities.

9. Privacy and data

9.1. We collect, use, and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms.

9.2. You acknowledge that by using the Platform, certain information about your business (including your business name, location, services offered, reviews, and public listings) may be visible to other Users and to the public where you have chosen to make it available.

9.3. Where you upload or submit personal information of other individuals (including your staff, customers, or contacts), you represent and warrant that you have obtained all necessary consents and authorisations and that you have informed those individuals about how their information will be handled, in accordance with applicable privacy laws.

9.4. You must not use personal information obtained through the Platform for any purpose other than the purpose for which it was provided to you through the Platform. You must not scrape, harvest, or bulk-collect personal information from the Platform.

10. Disclaimer of warranties

10.1. How the Platform is provided. To the extent permitted by law, the Platform is provided as it is and as available. We will take reasonable care to keep it running and secure, but we do not promise it will be uninterrupted, error free or suitable for every purpose. Features such as maps, reviews, payments, SMS and email rely on third-party providers, and we are not responsible for their availability or accuracy.

10.2. No advice or information, whether oral or written, obtained from us or through the Platform creates any warranty not expressly stated in these Terms.

11. Limitation of liability

11.1. Consumer guarantees (savings clause). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where our services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent the law allows, our liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

11.2. Exclusion of liability for User transactions. To the maximum extent permitted by law, The Automotive Solutions Team is not liable to you or any third party for any loss, damage, injury, claim, cost, or expense (including legal costs) arising out of or in connection with:

• any transaction, agreement, dispute, or communication between you and another User or third party;

• the conduct, acts, omissions, negligence, fraud, misrepresentation, or breach of law by any User or third party;

• the quality, safety, legality, condition, fitness for purpose, or description of any goods, services, vehicles, or parts offered, sold, purchased, repaired, or supplied by any User;

• any reliance on content, listings, reviews, information, or data provided by Users or third parties through the Platform;

• any failure by you to hold required licences, registrations, or authorisations;

• any personal injury, property damage, or death arising from goods or services supplied by a User; or

• any error, omission, interruption, delay, defect, virus, or failure in the operation of the Platform.

11.3. Liability cap. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Platform, whether in contract, tort (including negligence), statute, or otherwise, is limited to the lesser of: (a) the total fees actually paid by you to The Automotive Solutions Team in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $500.

11.4. Indirect loss. To the extent permitted by law, neither party is liable to the other for any loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss, arising out of or in connection with these Terms or the Platform, however caused.

11.5. Your acknowledgement. You acknowledge and agree that:

• the Platform is a tool that you choose to use voluntarily;

• you are responsible for your own business decisions and their consequences;

• we do not guarantee any particular outcome from your use of the Platform;

• you have not relied on any representation by us that is not expressly set out in these Terms; and

• the limitations and exclusions in this Section 11 are reasonable given the nature and pricing of the Platform.

12. Indemnity

12.1. Your indemnity. You are responsible for, and will reimburse us for, any claim made against us by one of your customers or any other third party to the extent the claim arises from your breach of these Terms, your breach of law, Your Content or your dealings with your customers. This does not apply to the extent the claim was caused by our own breach, negligence or wrongful act.

12.2. This indemnity survives termination or expiry of your account and these Terms.

12.3. We will give you reasonable notice of any claim covered by this indemnity and will not settle any claim without your consent, not to be unreasonably withheld.

13. Suspension and termination by us

13.1. We may suspend or restrict your access to the Platform, with or without notice, if we reasonably believe that:

• you have breached these Terms, the Privacy Policy, or the Acceptable Use Policy;

• your account is involved in fraudulent, illegal, or harmful activity;

• your continued access poses a risk to the Platform, other Users, or the public;

• we are required to do so by law, regulation, or a court or tribunal order; or

• your payment is overdue and remains unpaid after notice.

13.2. Where practicable and permitted by law, we will notify you before or at the time of suspension and give you an opportunity to remedy the breach within a reasonable period.

13.3. We may terminate your account permanently if:

• a suspension is not remedied within the notice period;

• the breach is of a nature that cannot reasonably be remedied;

• you have been suspended more than twice in any 12-month period; or

• we cease to operate the Platform.

13.4. On termination, we will provide you with a reasonable period (not less than 30 days, unless prohibited by law or required for safety) to export your data. After that period, we may delete your data in accordance with our Privacy Policy and applicable retention obligations.

14. Cancellation by you

14.1. You may cancel your subscription and close your account at any time through the Platform settings or by contacting us in writing.

14.2. Cancellation takes effect at the end of your current billing period. You remain responsible for any fees incurred before the effective date.

14.3. On cancellation, you will have 30 days to export your data. After that period, we may delete your data in accordance with our Privacy Policy and applicable retention obligations.

14.4. Cancellation does not release you from any obligation or liability that arose before the effective date, including any indemnity obligations under Section 12.

15. Force majeure

15.1. Neither party is liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent that the delay or failure is caused by circumstances beyond that party's reasonable control, including natural disaster, pandemic, government action, power failure, internet disruption, cyberattack, or act of war or terrorism.

15.2. The affected party must give notice as soon as practicable, use reasonable efforts to mitigate the effect, and resume performance as soon as reasonably possible.

15.3. If a force majeure event continues for more than 60 consecutive days, either party may terminate these Terms by written notice without liability for the termination itself.

15.4. This clause does not affect any non-excludable rights under Australian Consumer Law.

16. Disputes

16.1. If you have a complaint or dispute with us about the Platform service, you must first contact us in writing at [email protected]. We will acknowledge your complaint within 5 business days and aim to resolve it within 20 business days.

16.2. If we cannot resolve the complaint to your satisfaction through our internal process, either party may refer the matter to mediation administered by a mutually agreed mediator or, if agreement cannot be reached, by a mediator appointed by the Resolution Institute. Each party bears its own costs of mediation unless the mediator directs otherwise.

16.3. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court.

16.4. Disputes between Users. Disputes between Users regarding transactions, goods, services, or conduct are between those Users. We are not obligated to intervene or resolve such disputes, and we accept no liability for their outcome. We may, at our discretion, provide information to assist resolution, restrict content or accounts pending resolution, or refer Users to appropriate external bodies such as the Queensland Office of Fair Trading, QCAT, or the ACCC.

16.5. For motor vehicle disputes involving licensed dealers in Queensland, QCAT may have jurisdiction for claims up to $100,000. For consumer and trader disputes, QCAT may have jurisdiction for claims up to $25,000. We recommend you seek independent legal advice about the appropriate forum for your dispute.

17. Governing law

17.1. These Terms are governed by and construed in accordance with the laws of Queensland, Australia.

17.2. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.

17.3. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

18. Entire agreement

18.1. These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and The Automotive Solutions Team regarding your use of the Platform. They supersede all prior or contemporaneous communications, whether oral or written.

18.2. Any waiver of a right under these Terms is effective only if made in writing and signed by the waiving party. A failure to exercise a right does not constitute a waiver.

19. Contact

19.1. If you have questions about these Terms, contact us at:

The Solution Team Pty Ltd
Trading as The Automotive Solutions Team
ABN 63 682 316 525
ACN 682 316 525
State: QLD, Australia
Email: [email protected]