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Terms & Conditions

By using this website and our services, you agree to be bound by the following Terms and Conditions, our Privacy Policy, and any other policies referenced herein. These Terms are governed by the laws of New South Wales, Australia.

“Client”, “You” and “Your” refer to the person or entity accessing this website and using our services. “The Company”, “We”, “Us” and “Our” refer to Workshop Software Pty Ltd. “Party” or “Parties” refers to the Client and/or the Company as context requires. References to one gender, or to the singular or plural, include all others, as the context requires.

Privacy Statement

We are committed to protecting your privacy and handle personal information in accordance with the Privacy Act 1988 (Cth).

  • Personal information is accessed only by authorised employees on a need-to-know basis.
  • We regularly review our systems to safeguard customer data.
  • Unauthorised access to or interference with our systems may be referred to law enforcement, and we reserve the right to pursue civil remedies against responsible parties.

Data retention: We retain personal information only for as long as necessary to provide our services, meet legal and regulatory obligations, or resolve disputes, after which it is securely deleted or de-identified.

Overseas disclosure: If personal information is stored or processed outside Australia (for example, via cloud hosting providers), we will take reasonable steps to ensure overseas recipients handle your information consistently with applicable law.

Confidentiality

Client records are treated as confidential. We will not disclose Client records to third parties except:

  • to our manufacturers/suppliers as reasonably necessary to provide services; or
  • where required by law or requested by an appropriate authority.

You have the right to:

  • request access to and copies of the personal information we hold about you (reasonable notice required, and we aim to respond within 30 days);
  • request correction of any inaccurate, out-of-date, or incomplete personal information we hold; and
  • lodge a complaint about our handling of your personal information (see ‘Complaints’).

We will not sell, share, or rent your personal information to third parties for marketing purposes, and will not use your email address for unsolicited mail. Emails from us relate only to the provision of agreed services and products.

Disclaimer Exclusions and Limitations

This website and its content are provided on an “as is” basis. To the extent permitted by law, the Company excludes all warranties relating to this website and its content, including any inaccuracies or omissions, and excludes liability for loss arising from your use of this website, including direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), and damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This does not exclude or limit:

  • liability for death or personal injury caused by our negligence; or
  • any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.

Where permitted, our liability for breach of a non-excludable guarantee is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

Nothing in these Terms affects your statutory rights as a consumer.

Payment

We accept Mastercard, Visa, and Capricorn Account as payment methods. Fees are payable monthly or yearly in advance depending on your selected plan. Goods remain the property of the Company until paid in full. Any amounts that remain outstanding after the due date will accrue interest at a rate of 2% per annum above the prevailing Reserve Bank of Australia cash rate target, calculated on the outstanding balance from the due date until the date of payment in full.

  • Payment card data is handled in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). We do not store full card details on our own systems; payments are processed through PCI-DSS-compliant third-party payment processors.
  • Amounts unpaid 60 days after the invoice date may be referred to a collection agency or pursued through the Small Claims Court, and you will be liable for reasonable administrative and court costs incurred.
  • Failed payments and other payment issues incur a $39 admin fee plus any direct costs incurred by Workshop Software (plus GST if applicable).

Cancellation Policy

You may cancel at any time via your Workshop Software account settings. Upon cancellation:

  • You forfeit your current payment period; no further payments will be taken.
  • No refunds are offered for the current period.
  • Instructions for cancelling are available at: Access and change subscription details (help resource).

Termination and Refunds

Either Party may terminate a Services Agreement for any reason, including where services are already underway. No refund is offered for services that have begun. Upon termination:

  • You lose access to all Workshop Software services.
  • We are not obliged to continue storing your data after termination.
  • You may extract a copy of your data at any time whilst your subscription is active; reasonable commercial fees may apply for data extraction (if applicable), which will be disclosed to you before being charged.

Availability & Use of This Site

You are responsible for assessing the fitness for purpose of any programs, text, or content accessed through this site. You may not redistribute, republish, or frame any part of this site without our prior written consent. We do not guarantee uninterrupted, timely, or error-free service, though we aim to provide it to the best of our ability. To the extent permitted by law, you agree to indemnify the Company, its employees, agents, and affiliates against loss or damage arising from your use of this service, except where that loss or damage arises from our negligence or breach of a non-excludable consumer guarantee.

SMS

By opting in, you agree to receive recurring automated SMS messages from Workshop Software at the mobile number provided. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe at any time, or HELP for assistance. See our Privacy Policy for how your information is handled. SMS credits have a 1 year expiry.

Log Files

We use IP addresses to analyse trends, administer the site, and gather aggregate, non-identifying demographic information. Our servers log standard access information (browser type, access times, URL requested, referral URL) for systems administration, security, and troubleshooting. This information is not shared with third parties and is used only internally on a need-to-know basis, except where required by law.

Cookies

We use cookies and similar technologies on our website and application. Cookies are small text files stored on your device that enable core functionality, support secure payments, and help us understand how our software is used.

We use two categories of cookies:

Strictly necessary cookies are essential for Workshop Software to operate and cannot be disabled. These include cookies that keep you logged in, enable dealer and support access, and support fraud prevention on payment screens via our third-party payment processor, Stripe. Disabling these cookies will prevent you from logging in or using the application.

Analytics and third-party cookies help us improve our website and product experience. We use third-party tools to manage web analytics and to deliver and track in-app onboarding experiences. These cookies collect information in aggregate or pseudonymous form and do not directly identify you.

You can manage or delete cookies at any time through your browser settings. Where cookies collect information that could identify you as an individual, that information is handled in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy.

Links to and from this website

You may not link to any page of this website without our prior written consent; linking is done entirely at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

We do not monitor or endorse the content of third-party websites linked from our site and are not responsible for their content or privacy practices. You should review the privacy and security practices of any third-party site before disclosing personal information to it. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other intellectual property rights subsist in all text and content relating to the Company’s services and this website. The Workshop Software logo is a registered trademark of the Company. No part of this site may be reproduced without our express written consent.

Communication

Contact details for different types of enquiries are available via our Contact Us page, in Company literature, or via our stated phone or other contact numbers.

This company is registered in Australia ABN: 72 165 417 916, registered office Suite 2305, 4 Daydream Street, Warriewood NSW 2102

Fair Use Policy

Use of a Fair Use Service may be considered unreasonable where it:

(a) is fraudulent;

(b) involves non-ordinary use;

(c) causes significant network congestion or disruption to Workshop Software’s infrastructure; or

(d) adversely affects another person’s access to the service or our infrastructure.

We reserve the right to apply additional charges for breaches of this policy, with reasonable notice of the breach and any associated charges or steps provided beforehand.

Compaints and Dispute Resolution

If you have a complaint about our services or how we have handled your personal information:

  1. Contact us first at support@workshopsoftware.com so we can attempt to resolve the issue directly.
  2. For privacy-related complaints that remain unresolved, you may contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
  3. Nothing in this clause limits your right to seek other remedies available under the Australian Consumer Law or to pursue the matter through the NSW courts as set out under ‘Governing Law and General Provisions‘.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Governing Law and General Provisions

The laws of New South Wales govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the New South Wales courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Price changes are possible and all endeavours will be made to communicate these in advance. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.