Terms of Service

Thank you for choosing this membership program for the service of helping to protect your vehicle (“Membership”) with Halo Auto Care Pty Ltd (ACN 673 503 645) (“Halo Auto Care”).

Please read these Terms of Service carefully before using the Membership services or using the Halo Digital Applications.

These Terms of Service and the Eligible Repairs Table and any other schedules related to these Terms of Service, in each case as amended from time to time, set out the Membership types, benefits, rights and obligations and the procedure for requesting and performing eligible repairs.

Halo Auto Care is the owner and operator of the Membership services and related www.haloautocare.com.au website and mobile app (collectively “Halo Digital Applications”) for providing cost-efficient cosmetic repairs to maintain the aesthetic appearance of your vehicle (“Nominated Vehicle”).

1. DEFINITIONS

1.1 “You” and “your” refer to you as an individual customer, details of whom are kept in the Membership Schedule; and “we”, “us” and “our” refer to Halo Auto Care. You will have a unique user ID that comprises the email address and confidential password that you provide to obtain and keep Membership (or we may assign an initial password which you may change later).

1.2 “Commencement Date” means the Membership commencement date as recorded by us in the Membership Schedule.

1.3 “Cooling-Off Period” means a period of twenty-one (21) days from the Commencement Date.

1.4 “Distributor” means a person or entity approved by us and authorised to provide Membership registration and sell Halo Auto Care products and services. If you did not purchase your Membership directly from Halo Auto Care and instead purchased through another, that other person or entity is a distributor of Halo Auto Care. Except as set out in these Terms of Service, such a distributor is not authorised to make any representations on behalf of Halo Auto Care.

1.5 “Excluded Vehicle” means all or any of the following types of vehicle types, uses or characteristics:

(a) taxi, Uber or other ridesharing vehicle, rental vehicle, hire car or any other use relating to the carriage of passengers for a fee or any type of reward whether monetary or otherwise;
(b) courier vehicle or vehicle used to transport tools of trade or other tools or for the conduct of commercial or fee-for-service work;
(c) any vehicle used in a public service capacity, including as a military vehicle, police vehicle or as an ambulance;
(d) any vehicle providing driving instruction;
(e) any vehicle used for any type of competition including a rally, race, track day meet, speed testing, pace making or reliability trials; or as an off-road vehicle;
(f) motorcycle, scooter, quadbike, tricycle, moped, sidecar, trailer, boat, kit car, bus, coach, motorhome, stretch limousine, caravan or truck;
(g) passenger vehicle or any vehicle with a gross vehicle mass exceeding 3,500 kg; and
(h) any vehicle with self-healing paint.

1.6 “Fee” means the Membership fee from time to time payable to us for your Membership set out in the Membership Schedule which is payable by you at any of the following payment times:

(a) in full on or before the Commencement Date; or
(b) for Halo Auto Care Direct Memberships only, either:
- (i) in equal monthly instalments on the first day of each calendar month with the first payment payable on or before the Commencement Date;
- (ii) in equal fortnightly instalments on every second Monday with the first payment payable on or before the Commencement Date; or
- (iii) in equal weekly instalments on every Monday with the first payment payable on or before the Commencement Date.

1.7 “Halo Auto Care Direct” means the Halo Digital Applications or our customer service centre using the phone number 1300 694 256.

1.8 “Membership Schedule” means the membership schedule setting out your Membership type and other details.

1.9 “Membership Transfer Fee” means $0.00 or any other higher amount as notified by us from time to time.

1.10 “Nominated Vehicle” means the vehicle VIN, vehicle make, vehicle model, vehicle colour and vehicle year set out in the Membership Schedule for your nominated vehicle in your application for a Membership.

1.11 “Permitted Repairs” means the cosmetic repair work set out in the Eligible Repairs Table and does not include damage resulting from wear and tear from normal use or from exposure to the elements. The following list of damage or repair items are excluded, and are in addition to the excluded items as set out in the Eligible Repairs Table:

structural damage to bodywork,
damage to mouldings that are not colour-coded,
damage to chrome, metal effect or textured mouldings,
damage to body wraps, stickers or decals,
damage to any area that is matte, special effect or illusion coloured paintwork,
damage to replacement parts that are not genuine parts from the manufacturer of the Nominated Vehicle,
re-application of any paint protection system on the Nominated Vehicle,
rust damage, hail damage, and pre-existing damage.

Repair work is cosmetic and cannot be expected to be necessarily to a standard or quality equivalent to the original manufacturer or factory-supplied quality. Specifically, repairs for stone chips and deep scrapes may still be slightly visible on paint finish and exact colour matching may not be possible as paint on your Nominated Vehicle may have faded over time.

1.12 “Repair Fee” means the fee payable by you for the repair work performed or services requested as specified in a Repair Quote.

1.13 “Eligible Repairs Table” means the table titled as such, and either associated with these Terms of Service on the Halo Digital Applications or included as a schedule incorporated here by reference into these Terms of Service.

1.14 “Repair Limit” means the number of times repair work is performed by Technicians for us for your Nominated Vehicle in accordance with the Eligible Repairs Table.

1.15 “Repair Quote” means the quote provided to you when you request repair work which will contain details of the repair work to be carried out by a Technician and will include the Repair Fee to be paid to us.

1.16 “Repair Request” means an accurate and fully completed request by you to us, after any cooling-off period referred to in these Terms of Service, for repair work to the Nominated Vehicle and as communicated to us using the Halo Digital Applications or phone number of 1300 694 256.

1.17 “Service Times” means between the hours of 9:00 am and 5:00 pm on Monday to Friday, or such other times as notified by us from time to time.

1.18 “Suitable Service Area” means the geographic area and the repair area for repair work to the Nominated Vehicle.

(a) Geographic area: The geographic area boundaries are your postcode if your postcode is within the greater metropolitan area respectively of either Sydney, Adelaide, Brisbane, Melbourne or Canberra. If your postcode is outside such greater metropolitan areas, then the relevant geographic area is such other geographic area as advised by us from time to time or as agreed between us.
(b) Repair area: The repair area must be on private property and not on a public road. It must be a safe working environment in which any items requiring removal may be easily and safely removed by one person. Further, the repair area must have a minimum clearance of two (2) metres around the Nominated Vehicle to perform the repair work with access to a source of electricity available within twenty-five (25) metres of the Nominated Vehicle, as determined by our Technician.

1.19 “Technician” means our trained industry professional repair employee, contractor or repair agent who will perform the repair work in accordance with these Terms of Service.

1.20 “Termination Date” means the membership expiry date set out in the Membership Schedule.

2. COMMUNICATIONS WITH YOU

We may from time to time send communication to you, such as alerts and e-newsletters, regarding your interests, or confirmations regarding your use of Membership services or the Halo Digital Applications.

3. MEMBERSHIP

3.1 Commencement

After payment of the Fee in accordance with the Payment Terms of Service your Membership will begin on the Commencement Date set out in the Membership Schedule. If you are not satisfied, by written notice to us you may cancel your Membership within a cooling-off period of twenty-one (21) days from the Commencement Date, in which event we will refund you any Fees you have paid.

3.2 Pre-qualification Inspection

In some cases, acceptance of your Membership application will be conditional on a prior inspection of your Nominated Vehicle so that we can determine if your Nominated Vehicle qualifies for Membership. This is known in these Terms of Service as a “Pre-qualification Inspection”. We will notify you if your Nominated Vehicle requires a Pre-qualification Inspection. The Pre-qualification Inspection may be undertaken by Halo Auto Care or a Distributor and will be prepared in the form determined by Halo Auto Care. The Pre-qualification Inspection may identify any existing damage to your Nominated Vehicle. If any such pre-existing damage is identified your Nominated Vehicle may, at our absolute discretion, still qualify for the Membership; however, any such pre-existing damage will not be treated as a Permitted Repair and will be excluded from the coverage offered under the Membership. Our decision of whether your Nominated Vehicle qualifies for Membership is absolute and final. If your Nominated Vehicle does not qualify for the Membership, we will refund you any Fees you have paid.

3.3 Nature of Membership

(a) Halo Auto Care and our Distributors do not provide any opinions or recommendations to you about whether a Membership is right for you or your particular needs. You must make your own enquiries and decision regarding the suitability of a Membership.
(b) We urge you to obtain your own insurances and financial advice. The Membership is not in any way an insurance policy, insurance product or financial product. The Membership must not be considered or used to manage any insurance purpose or financial risk associated with your Nominated Vehicle. You acknowledge and agree that Halo Auto Care and all its Technicians, employees, Distributors, agents and contractors, have not provided you with insurance advice, financial advice or a financial product and have in no way represented to you that the Membership is an insurance or financial product.

3.4 Benefits of Membership

For your Nominated Vehicle your Membership entitles you to the following benefits, subject to these Terms of Service:

(a) fixed cost Permitted Repairs for your Nominated Vehicle which is not an Excluded Vehicle;
(b) access to service by our Technicians; and
(c) Suitable Service Area repairs or, if required, repairs at a Halo Auto Care customer service centre.

3.5 Membership Types

We offer three types of Memberships for your Nominated Vehicle:

(a) Halo Platinum Plus: Covers Permitted Repairs and non-cosmetic wheel repairs as detailed in the Eligible Repairs Table.
(b) Halo Gold: Covers Permitted Repairs as detailed in the Eligible Repairs Table.
(c) Halo Wheel and Tyre: Covers only cosmetic and non-cosmetic wheel and tyre repair, as detailed in the Eligible Repairs Table.

3.6 Fees

(a) When you apply for a Membership, we will notify you of the Fee applicable to your selected Membership Type. Your Fee is payable either as part of the purchase of your Nominated Vehicle or payable when purchasing online.
(b) All or any payments by you to us by credit card—including the Fee, the Repair Fee and the Membership Transfer Fee—will incur a credit card fee.

3.7 Initial Payment Period

Except as set out in this clause, there is no limit on the number of times you may submit a Repair Request throughout your Membership. During the Initial Payment Period you are entitled to submit to us a maximum of two (2) Repair Requests for the Nominated Vehicle. “Initial Payment Period” means from the day that is the Commencement Date of your Membership until the date that you have paid the full Fee to us for your Membership (if applicable).

3.8 Membership Renewal

Renewal of your Membership is not automatic, and it is your responsibility to ensure that your Membership is renewed before the Termination Date. We may (but are not obligated to) notify you prior to the Termination Date to remind you to renew your Membership for your Nominated Vehicle. To renew your current Membership for a further term, you must provide a written request to us and pay the then applicable Fee prior to the Termination Date for your current Membership.

3.9 Membership Reinstatement

If your Membership expires and you have not renewed for a further term, you may still apply to us to reinstate your Membership for your Nominated Vehicle. You may be reinstated at our discretion. A Pre-qualification Inspection of your Nominated Vehicle may be required before we will consider whether or not your Membership can be reinstated.

3.10 Maximum Renewal

(a) You may only renew your Membership for a further term that would total no more than a term of 7 years from the first Commencement Date of your Membership. If, for example, the duration of your Membership is already four (4) years, the maximum term you can renew your Membership is for a further three (3) years following the end of the then current duration.
(b) Any such Membership renewal may require a further Pre-qualification Inspection of your Nominated Vehicle. We will inform you if we require a further Pre-qualification Inspection of your Nominated Vehicle in order to renew your Membership.
(c) No cooling-off period applies to a renewed Membership.

3.11 Membership Transfer

(a) Your Membership is specific to your Nominated Vehicle and personal to you as the registered owner of the Nominated Vehicle.
(b) If you wish to change your Nominated Vehicle during the duration of Membership, you may apply to us to transfer your Membership to the new vehicle. You will be responsible for payment of the Membership Transfer Fee if your membership transfer for your new vehicle is accepted by us.
(c) If you sell or transfer your Nominated Vehicle to another person or entity during the duration of your Membership, your Membership will automatically end on the date that you are no longer the registered owner of the Nominated Vehicle.
(d) Membership is not automatically transferable from you to another owner of the Nominated Vehicle.
(e) You may apply to us to transfer your remaining Membership duration to the new owner of the Nominated Vehicle. The new owner must complete an application for Membership. If the new owner is accepted by us, the new owner is responsible for payment of the Membership Transfer Fee.

3.12 Membership Termination

(a) Your Membership will end on the Termination Date, or earlier by you providing thirty (30) days’ written notice.
(b) We may suspend or terminate your Membership with immediate effect in writing at any time without limitation for any of the following reasons, in which case no Fee is refundable:
- (i) if you owe any Fee, Repair Fee or any other money to us and that sum has been outstanding for more than fourteen (14) days;
- (ii) if you have provided us with false, inaccurate, untrue or incomplete information about yourself or the Nominated Vehicle;
- (iii) if you have been abusive or threatened any Halo Auto Care Technician, employee, or Distributor; or
- (iv) if we consider you have acted in any way where it is no longer appropriate for you to continue to be a member of Membership.
(c) In the event of clause 3.12(a) you will be entitled to a pro-rata refund of the unused portion of the Fee (Unused Fee) less the greater of $250 or 50% of the remaining membership Fee. The unused portion will be calculated on a daily pro-rata basis from the date Halo Auto Care receives the notice of cancellation.

4. VEHICLE REPAIRS

4.1 Repairs Generally

(a) To request a repair, submit a Repair Request. We will endeavour to process your Repair Request within fourteen (14) days after you submit it.
(b) We are only obliged to perform repairs to your Nominated Vehicle that are Permitted Repairs as set out in the Eligible Repairs Table.
(c) Following receipt of a Repair Request, our decision for your Nominated Vehicle will be guided by these Terms of Service.

4.2 Assessment of the Repairs and Repair Fees

(a) Your Repair Request will be passed on to our Technician who will assess the damage to your Nominated Vehicle to determine at the Technician’s sole discretion whether or not the repair work required is a Permitted Repair and if so, if it is covered by your Membership.
(b) The Repair Fees are not fixed and may vary up or down from time to time. Repair Quotes provided for Permitted Repairs will reflect the pricing and specifications published by us as at the date of the Repair Quote.
(c) If the damage to your Nominated Vehicle is a Permitted Repair, we will provide you a Repair Quote setting out the applicable Repair Fee. The Repair Quote will also contain details of the repair work to be carried out by us. Unless withdrawn by us, the Repair Quote will be valid for thirty (30) days from its date and must be accepted by you before we will undertake the Permitted Repair.
(d) You must pay the Repair Fee to us prior to a Technician commencing the assessment of your Nominated Vehicle.
(e) If the damage to your Nominated Vehicle is not a Permitted Repair as set out in the Eligible Repairs Table or these Terms of Service, you may either:
- (i) request a refund of the Repair Fee paid, in which case, the Repair Fee will be refunded to you within forty-eight (48) hours of your request; or
- (ii) accept that the damage is not covered by the Eligible Repairs Table, and request or receive a Halo Auto Care quote for the repair work required to be carried out at your cost.

4.3 Performing the Repairs

(a) On acceptance of the Repair Quote, we will arrange a mutually convenient time and location with you to perform the repair work within thirty (30) days, provided that the repair work is performed only if your Nominated Vehicle is attended, within the Service Times and within the Suitable Service Area. You indemnify us against any claim, loss or damages arising from your failure to provide a safe work environment.
(b) If you are located outside the geographic area of the Suitable Service Area or if the repair work cannot be performed by our Technician for any other reason, you agree to deliver your Nominated Vehicle to a Halo Auto Care designated repair centre as notified to you.

5. WARRANTIES, LIABILITY & INDEMNITIES

5.1 Your Australian Consumer Law Rights

Our Membership services come with guarantees that cannot be excluded under the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)). For major failures with the Membership or other services by us, you are entitled to cancel your Membership contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Membership service or other services by us rectified in a reasonable time and, if this is not done, to cancel your Membership contract and obtain a refund for the unused portion of the contract.

5.2 Our Warranties, Maximum Liability and Disclaimer

(a) We warrant to provide you with quality workmanship when performing the repair work, and will perform the repair work to your Nominated Vehicle with due care and skill. Where damage to your Nominated Vehicle is a direct result of faulty workmanship by us, on written notice by you (including your description of any defective repair work) we will remedy any defective repair work within seven (7) days at our election either by re-supply services to correct the defective repair work, or to provide you with a refund in respect of the defective repair work. We are not obliged to repair any damage which is a result of the faulty workmanship of any third party.
(b) To the extent permitted by the Australian Consumer Law we will only be liable to you in relation to performing the repair work to your Nominated Vehicle to the extent expressly provided in these Terms of Service, and we expressly exclude any other liability for any form of loss or damage incurred by you or any other party resulting directly or indirectly connected with or relating to your Membership or any of our services.
(c) Our maximum liability to you for any loss or damage incurred by you or any other party under these Terms of Service is limited to the amount you have paid to us.
(d) All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Halo Digital Applications is at your risk. The Halo Digital Applications are provided “as is” and you accept and use them at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of Membership services or the Halo Digital Applications, except as expressly specified in these Terms of Service.
(e) To the full extent it is lawful or possible to do so and except as may be expressly specified in these Terms of Service, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to Membership services or the Halo Digital Applications and their description, quality, performance or fitness for purpose. In particular, due to the need for maintenance and other reasons, we do not warrant that the operation or performance of the Membership Services or Halo Digital Applications will be uninterrupted, current, complete or free from errors or omissions.

5.3 Your Warranties and Indemnity

You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms of Service. You warrant and represent that you have full power and authority to enter into these Terms of Service and perform your obligations under these Terms of Service. We are not liable for any loss or damage arising from your failure to comply with obligations in these Terms of Service. You indemnify us from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Halo Digital Applications, or any breach by omission or commission by you of these Terms of Service.

5.4 Your Data Security Obligation

You are responsible for the security and use of your username and password and must take all reasonable steps to ensure they are kept confidential and secure; you must not allow any third party or unauthorised person to access the Halo Digital Applications using that username or password; and you must immediately notify us of any unauthorised use of a username or password or any other breach of security.

6. PRIVACY POLICY

By using the Halo Digital Applications, you acknowledge that you have read our privacy policy statement and consent to it.

7. LEGALLY BINDING CONTRACT

7.1 The terms of service in force at any time are published on or referenced in the Halo Digital Applications and you will be taken to have accepted them by accessing or using them or the Membership services.

7.2 These Terms of Service constitute a binding legal contract between you and us. You will be legally bound when you agree to accept Membership, click an “I agree,” “I consent,” or other similarly worded “button,” check box or data entry field on the Halo Digital Applications with your mouse, finger, keystroke, or other data entry mechanism. Those actions are a legal equivalent of your handwritten signature.

7.3 If we develop revised terms of service, then on their publication on or referencing in the Halo Digital Applications they will supersede those they replace. If you subsequently access or use Membership services or the Halo Digital Applications you will be taken to have accepted the revised terms of service. If you do not agree with any change or revision of applicable terms of service at any time, do not access, use, upload, submit information to or download from the Halo Digital Applications or use Membership services.

7.4 As regards Membership services and the Halo Digital Applications these Terms of Service constitute the entire agreement of the parties about its subject matter. Specific Halo Digital Applications or Membership services, functions, facilities, features, sections, areas, communities, discussion groups, modules, services, sections, menus, offerings and incentives may have provisions additional to these Terms of Service. Those additional provisions must be read with these Terms of Service. If there is an inconsistency between such provisions and these Terms of Service then the provisions of these Terms of Service will prevail to the extent of such inconsistency and the parties must take all necessary steps to remove that inconsistency.

8. CONSTRUCTION

In these Terms of Service, unless the context otherwise requires:

(a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
(b) a reference to these Terms of Service is a reference to these Terms of Service as may be varied, supplemented, novated, or replaced from time to time;
(c) words in the singular number include the plural and vice versa;
(d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;
(e) “including” and like terms mean “including but not limited to”;
(f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
(g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted these Terms of Service or part of it.

9. GENERAL

9.1 Relationship of Parties

Nothing in these Terms of Service is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.

9.2 Variation

These Terms of Service or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.

9.3 Waiver

No provision of these Terms of Service is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.

9.4 Severability

If a provision, or part of it, of these Terms of Service is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Service will otherwise remain in full force.

9.5 Governing Law and Jurisdiction

These Terms of Service must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them, it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Last updated: 19 September 2024