ADDITIONAL TERMS OF SERVICE FOR OUR MEMBERSHIPS
These Additional Terms of Service (“Terms”) apply to all members, or all potential members of Exless [ABN 63 649 402 175 ] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
ONLINE MEMBERSHIP WE WILL PROVIDE
By purchasing our Membership Services you are entitled to various benefits accessible in our website or app portal.
Our Basic Membership entitles you to discounts off your insurance excess. You will also be able to access the Exless app that will have exclusive discounts with various Vendors.
Premium Membership - added discounts and extras such as a buff and polish and free hire cars.
You may also be entitled to a Referral Fee where you find a buyer for any of the vehicles marketed on our website or app. When finding buyers you must not be misleading or deceptive in any way. To be eligible for the Referral Fee the buyer must have paid for the vehicle.
BEFORE PURCHASE
Things you must do before purchasing a Membership
You must:
• be 18 years old or have parental consent;
• provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
• ensure you have adequate technology set up and internet access make use of the Membership.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
• the promotion of Coupons and discounts for goods or services on our website does not constitute an offer to sell. It is an invitation to treat only.
• all Coupons and discounts are offered on behalf of third party Vendors. Any Coupon shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified. The Vendor is the seller and supplier of the goods and services to which the Coupon relates and is solely responsible for honouring any Coupon you purchase. The contract is between you and the Vendor, and you must direct any concerns, requests for refunds or other feedback to the Vendor.
• The Coupons cannot be redeemed incrementally, unless otherwise specified by the Coupon. The Coupon cannot be exchanged or redeemed for cash. A Coupon cannot be combined with any other discount or promotional offer unless specified by the Vendor.
• All services promoted are offered by Vendors subject to availability. We do not guarantee that services will be available at your preferred date and time.
• Any prices are in Australian dollars and are current at the time of display, but may be subject to change.
• Discount codes and coupons are only accessible via your account;
• A discount code is only valid for a single transaction per account, and may not be used in conjunction with any other discounts.
Coupons may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
You further acknowledge and agree that there may be:
• occasional errors or omissions in the Membership Services descriptions, prices, availability and promotions;
• Membership Services with limited places or that are limited to certain regions or groups of people;
• technical problems downloading Coupons, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Membership Services.
Expired Coupons
The Coupon expires on the date indicated on the Coupon. Expired Coupons are non-refundable in whole or part. Once expired, Coupons are no longer valid and will not be honoured by the Vendor. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.
Payments
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
• deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
• deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
AFTER PURCHASE
Things you must do after purchasing our Membership Services
You must:
• maintain the confidentiality of your login and password for your account;
• not allow other people to use the Coupons or your account;
• contact us by email at if you have any difficulty downloading any Coupons;
• not reproduce, duplicate, copy, sell, re-sell or exploit the or Coupons in any way;
• contact us by email at if you have any issues with the Membership Services and require a refund;
• seek our prior written consent before any publication of information about us; and
• in the case of a dispute keep all communications confidential.
Things we’d love you to do after purchasing your Membership
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@exless.com.
ROADSIDE ASSISTANCE & TOWING
Roadside Assistance is available within the Northern Territory and varies based on membership level:
• Bronze Membership: 12 callouts per year, with specified coverage areas for towing, battery discounts, locksmith fees, and no taxi cover.
• Silver Membership: Unlimited callouts per year, with extended coverage areas for towing, battery discounts, locksmith fees, out-of-fuel assistance, and taxi coverage.
• Gold Membership: Unlimited callouts per year, with the widest coverage areas for towing, battery discounts, locksmith fees, out-of-fuel assistance, and taxi coverage.
If you need to cancel your Membership
If you need to cancel your Membership please email us at info@exless.com with 7 days notice so you will not be billed automatically for the following month. All our Membership Services are month to month on an ongoing basis unless cancelled. We do not provide any refunds for Membership Fees until the Minimum Term of 3 months has expired.
If you need to cancel any bookings with Vendors
Bookings for the redemption of goods and services in exchange for the supply of Coupons are made subject to any Vendor policies. If you cancel your booking your Coupon may be void, or you may incur a cancellation fee payable to the Vendor. Unreasonably short notice cancellations may result in the cancellation of your Coupon if the Vendor is unable to fill your space. Vendors reserve the right to cancel and reschedule your booking due to unforeseen circumstances.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
• change and update information including availability and promotions;
• change prices or descriptions of our Membership Services;
• discontinue any Membership Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions. Further, we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.
If we need to cancel the Membership Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Membership Services at any time
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
RELIANCE ON ADVICE DISCLAIMER
We provide information in our membership portal. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, occasionally the information may be historical information, and occasionally the information may not be complete. We rely on third party businesses “Vendors” for information. Whilst we use our reasonable endeavours to ensure that the information is accurate, we cannot guarantee its accuracy. You must make your own enquiries to verify information provided and to assess the suitability of any goods or services before you order goods or services. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, any loss suffered as a result of our Coupons not being received, or being lost or stolen, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the replacement of the Membership Services or the supply of an equivalent services; or
• the payment of acquiring an equivalent .
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, and any unauthorised use of your account, and any Vendor claims.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NT, Australia, and you and we submit to the jurisdiction of the courts of NT, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Membership Fee means the membership fee as advertised on our website from time to time.
Membership Services means the service we provide by providing various discounts and coupons.
Minimum Term means the minimum term of your membership is 3 months.
Referral Fee means the finders fee we pay to you when you find a buyer for our vehicle, and that buyer pays for the relevant vehicle.
We, us, or our means Mayura Enterprise Pty Ltd t/as Exless [ABN 63 649 402 175] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means www.exless.com, and everything available on this website including, but not limited to, all Membership Services.