TERMS OF SERVICE

This website is operated by Divine Auto Pros. Throughout the site, the terms “we”, “us” and “our” refer to Divine Auto Pros. Divine Auto Pros provides this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By accessing our website, purchasing a product, booking a service or otherwise engaging with Divine Auto Pros, you agree to be bound by these Terms of Service (“Terms”).

Please read these Terms carefully before accessing or using our website or services. If you do not agree with these Terms, you should not access the website or use our services.

These Terms apply to all users of the website, including browsers, customers, merchants, vendors and contributors of content.

Any new features, services or tools added to the website will also be subject to these Terms.

We reserve the right to update, change or replace any part of these Terms by posting an updated version on our website. It is your responsibility to periodically review these Terms. Your continued use of the website or our services following the posting of changes constitutes acceptance of the updated Terms, subject to any rights that cannot lawfully be excluded.

SECTION 1 – GENERAL TERMS

By visiting our website and/or purchasing a product or service from us, you engage our “Service” and agree to be bound by these Terms, including any additional terms, conditions, policies or notices referenced in these Terms or made available elsewhere on our website.

These Terms apply to all users of the website and our services.

If these Terms are considered an offer, acceptance is expressly limited to these Terms.

If you do not agree to all of the terms and conditions contained in these Terms, you may not access the website or use our services.

SECTION 2 – ONLINE STORE AND SERVICE TERMS

By using our website or purchasing from us, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have obtained any necessary consent for a minor dependant to use the website.

You must not use our products or services for any illegal or unauthorised purpose or in a manner that violates any applicable law.

You must not transmit worms, viruses, malware or any other code of a destructive or harmful nature.

A breach or violation of these Terms may result in the restriction or termination of your access to our website or services, subject to any rights you may have under applicable law.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason and at any time.

You understand that information submitted through our website, excluding payment information where appropriately secured, may be transferred over various networks and may be subject to technical changes necessary to conform to connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information published on our website is accurate and current. However, we do not warrant that all information available on the website will always be accurate, complete or current.

Information provided on this website is intended for general information purposes only and should not be relied upon as the sole basis for making decisions where more current or specific information is required.

Any reliance on information contained on the website is at your own risk.

The website may contain historical information which is provided for reference purposes and may no longer be current.

We reserve the right to modify website content at any time, although we are not required to update information unless required by law.

SECTION 5 – MODIFICATIONS TO SERVICES AND PRICES

Prices for our products and services may change from time to time.

We reserve the right to modify, suspend or discontinue any product, service, feature or portion of the website at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot lawfully be excluded.

Where a price or service has been specifically agreed with a customer and confirmed by Divine Auto Pros, that agreed price or service will apply subject to any agreed variations, additional work, changes requested by the customer or circumstances requiring a revised quotation.

SECTION 6 – PRODUCTS AND SERVICES

We make reasonable efforts to ensure that product descriptions, images, specifications, service descriptions and pricing displayed on our website are accurate.

However, minor variations may occur due to differences in vehicles, materials, surfaces, colours, lighting, photography, screen displays and other factors.

Certain services may only be available by appointment and may be subject to availability.

We reserve the right to limit the availability of products or services to any person, geographic region or jurisdiction where reasonably necessary and subject to applicable law.

We reserve the right to limit quantities of products or services offered.

Descriptions, specifications and pricing may be changed from time to time, subject to applicable law.

We reserve the right to discontinue products or services at any time.

Any offer made on the website is void where prohibited by law.

Vehicle Detailing and Service Disclaimer

While every reasonable care is taken during the detailing, paint correction, paint protection, tinting, PPF, wrapping and vehicle-care process, Divine Auto Pros is not responsible for pre-existing, latent or unforeseen mechanical, electrical, electronic or computer-related faults that become apparent before, during or after a service where those faults were not caused by Divine Auto Pros.

Modern vehicles contain sensitive electrical components, wiring, sensors, cameras, modules, computers and electronic systems that may be affected by age, wear, corrosion, previous repairs, manufacturing defects, modifications, water ingress, existing damage or deterioration.

Where a fault or malfunction is caused by a pre-existing condition, existing damage, deterioration, manufacturing defect, previous repair, modification or other circumstance outside our reasonable control, responsibility for that condition remains with the vehicle owner.

Customers are responsible for advising Divine Auto Pros before work commences of any known faults, leaks, electrical issues, warning lights, modifications, previous damage, sensitive components or other conditions that may be relevant to the service.

Customers must disclose any known issues that could reasonably affect the performance, safety or condition of the vehicle during or following the service.

We may refuse, modify, postpone or discontinue a service where, in our reasonable opinion, proceeding may create an unreasonable risk of damage to the vehicle, our equipment, our employees or contractors.

By authorising a detailing or vehicle-care service, you acknowledge that certain pre-existing, latent or previously undetected conditions may become apparent during or following the service.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

SECTION 7 – DEPOSITS AND BOOKING PAYMENTS

Where a deposit or booking payment is required for a product or service, the deposit is paid to secure the booking, allocate resources, reserve workshop capacity, allocate staff and/or equipment, and/or commence preparation for the agreed work.

Deposits are non-refundable once paid, except where:

• Divine Auto Pros is unable to fulfil its obligations under the agreed booking or service; or
• the customer is otherwise entitled to a refund or other remedy under the Australian Consumer Law or other applicable legislation.

A deposit will not ordinarily be refundable where a customer:

• changes their mind;
• cancels a booking after the deposit has been paid;
• fails to attend or make the vehicle available at the agreed time;
• provides insufficient notice of cancellation;
• postpones or cancels a booking due to circumstances within their control;
• requests changes to the agreed booking that Divine Auto Pros is unable or unwilling to accommodate; or
• otherwise chooses not to proceed with the agreed product or service.

A deposit is paid in connection with the agreed booking and is not refundable merely because the customer subsequently prefers the work to be performed at a different time, location, in a different manner, or under different circumstances from those agreed at the time of booking.

This includes circumstances involving miscommunication, changes in customer preferences, scheduling preferences, location preferences, service-method preferences, or other customer-requested changes, except where the customer is otherwise entitled to a refund or other remedy under applicable law.

Where Divine Auto Pros agrees to reschedule a booking, the deposit may, at our discretion, be transferred to the rescheduled booking rather than refunded. Any rescheduled booking remains subject to our availability and any conditions communicated at the time of rescheduling.

Where a customer cancels, postpones or fails to attend and Divine Auto Pros has already incurred costs, allocated staff, equipment, materials, workshop capacity or other resources in preparation for the booking, the deposit may be retained to cover those commitments, subject to applicable law.

If Divine Auto Pros is unable to fulfil the agreed service for reasons within our control, and no suitable alternative arrangement is agreed with the customer, the applicable deposit will be refunded.

Where a customer has paid a deposit for a particular product or service and subsequently requests a materially different product or service, Divine Auto Pros may require the customer to pay any additional amount applicable to the revised service before the revised work is commenced.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

SECTION 8 – CONSUMER GUARANTEES

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under the Australian Consumer Law (ACL) or other applicable legislation.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with services, you may have the right to cancel your service contract and obtain a refund for the unused portion, or compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage.

For goods, you may be entitled to a replacement or refund for a major failure, as well as compensation for reasonably foreseeable loss or damage. Where a failure does not amount to a major failure, you may be entitled to have the goods repaired or replaced.

Where applicable, we will assess the relevant product or service before determining the appropriate remedy.

The rights set out in this section operate in addition to any voluntary warranty, return policy or other rights provided by Divine Auto Pros.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel an order where permitted by law.

We may, where reasonably necessary, limit or cancel quantities purchased per person, household or order.

These restrictions may include orders placed under the same customer account, payment method or billing address.

Where an order is changed or cancelled, we may attempt to notify you using the contact details provided when the order was placed.

You agree to provide current, complete and accurate information when making purchases or bookings.

You agree to promptly update your contact details, payment information and other relevant account information where necessary.

For further information regarding returns and refunds, please refer to our Return and Refund Policy.

SECTION 10 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools, payment systems, booking systems or other services over which we may have limited or no control.

Third-party tools and services may be provided on an “as is” and “as available” basis, subject to any rights or guarantees that cannot lawfully be excluded.

To the extent permitted by law, we are not responsible for issues arising from third-party tools or services.

Your use of third-party tools is at your own risk and discretion, and you should ensure that you understand and accept the terms applicable to those services.

New services, tools and features introduced through our website will also be subject to these Terms.

SECTION 11 – THIRD-PARTY LINKS

Certain content, products or services available through our Service may contain materials supplied by third parties.

Third-party links may direct you to websites that are not affiliated with Divine Auto Pros.

We are not responsible for examining or evaluating the content, accuracy, availability, security or practices of third-party websites.

To the extent permitted by law, Divine Auto Pros is not responsible for third-party materials, products or services.

We are not liable for loss or damage arising from transactions conducted with third-party websites to the extent that such liability can lawfully be excluded.

You should review the relevant third party's terms, policies and practices before engaging with them.

Complaints regarding third-party products or services should generally be directed to the relevant third party, subject to any rights you may have under applicable law.

SECTION 12 – USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you submit comments, feedback, reviews, suggestions, photographs, ideas, proposals or other materials to Divine Auto Pros, whether requested or unsolicited, you agree that we may use such material in connection with operating, improving and promoting our business, subject to applicable privacy, intellectual property and other laws.

We are not obligated to maintain comments in confidence, pay compensation for comments or respond to comments unless required by law or otherwise agreed.

We may, but are not obligated to, monitor, edit or remove content that we reasonably determine to be unlawful, threatening, defamatory, obscene, abusive, misleading or otherwise objectionable, or that infringes another person's rights.

You agree that comments submitted by you will not infringe the rights of any third party, including intellectual property, privacy, personal or proprietary rights.

You must not submit unlawful, abusive, defamatory, obscene or malicious material or material containing viruses or malware.

You must not use a false email address, impersonate another person or otherwise mislead Divine Auto Pros or third parties as to the origin of comments.

You remain responsible for comments you submit and their accuracy.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through our website or store is governed by our Privacy Policy.

Please refer to our Privacy Policy for information regarding how Divine Auto Pros collects, uses, stores and manages personal information.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in our Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, availability, service descriptions or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders where appropriate and subject to applicable law.

We are not obligated to update or clarify information except where required by law.

No specific update or refresh date applied to the website should be taken to indicate that all information has been updated or modified.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions contained in these Terms, you are prohibited from using the website or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate applicable federal, state, territory or local laws or regulations;

(d) to infringe our intellectual property rights or those of another person;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or unlawfully discriminate against others;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malware or other malicious code;

(h) to collect or track personal information without lawful authority;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape the website without our permission;

(j) for unlawful or fraudulent purposes; or

(k) to interfere with or circumvent the security features of the website or Service.

We reserve the right to restrict or terminate access to the Service for violations of these prohibited uses, subject to applicable law.

SECTION 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of our website or Service will be uninterrupted, timely, secure or error-free.

We do not warrant that results obtained from use of the Service will always be accurate or reliable.

We may remove, suspend or modify the Service where reasonably necessary.

To the maximum extent permitted by law, Divine Auto Pros, its directors, officers, employees, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential loss arising from your use of the Service.

However, nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

Where liability may legally be limited, Divine Auto Pros' liability will be limited to the maximum extent permitted by law.

Nothing in these Terms limits liability where such limitation is prohibited by law.

SECTION 17 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Divine Auto Pros, its directors, officers, employees, contractors, suppliers and service providers from claims, losses, liabilities and reasonable costs arising from:

• your breach of these Terms;
• your unlawful use of the website or Service;
• your violation of the rights of a third party; or
• your misuse of our products or services.

This indemnity does not apply to the extent that the relevant loss or claim was caused by Divine Auto Pros' negligence, breach of contract, breach of a consumer guarantee or other unlawful conduct.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law and may be severed where necessary.

The invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to termination will survive termination where applicable.

These Terms remain effective unless and until terminated.

You may terminate your use of our website and services at any time by ceasing to use them.

If, in our reasonable judgment, you fail to comply with any provision of these Terms, we may restrict or terminate your access to the Service, subject to applicable law.

You remain liable for any amounts properly due and payable up to the date of termination.

SECTION 20 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies, notices, quotations, booking confirmations, invoices or operating rules posted by Divine Auto Pros or agreed with the customer, constitute the agreement governing your use of our website and services, subject to any separate written agreement entered into between you and Divine Auto Pros.

These Terms supersede previous versions of our website Terms of Service.

Nothing in these Terms overrides rights or obligations arising under applicable law.

Any ambiguity in the interpretation of these Terms will be determined in accordance with applicable law.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreement under which Divine Auto Pros provides products or services are governed by and construed in accordance with the laws of Queensland, Australia.

Subject to applicable law, you agree that the courts of Queensland, Australia have jurisdiction in relation to disputes arising from these Terms or your use of our website or services.

Nothing in this section prevents a consumer from exercising any rights or remedies available under applicable consumer protection legislation.

SECTION 22 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting changes to our website.

It is your responsibility to periodically review these Terms.

Your continued use of our website or Service following the posting of changes constitutes acceptance of the updated Terms, subject to any rights or requirements imposed by applicable law.

SECTION 23 – DEFAMATION, FALSE STATEMENTS AND PUBLIC COMMENTS

Divine Auto Pros respects the right of customers and members of the public to provide genuine feedback, raise legitimate concerns and make complaints regarding our products and services.

Nothing in these Terms is intended to prevent or restrict a person from making a truthful statement, genuine review, legitimate complaint or other communication that they are legally entitled to make, including exercising rights available under the Australian Consumer Law or other applicable legislation.

However, customers and other users must not knowingly or recklessly publish, communicate or distribute statements about Divine Auto Pros, its directors, employees, contractors, products or services that are false, misleading or defamatory.

This includes, without limitation, statements that:

• falsely allege criminal, fraudulent, dishonest or unethical conduct;
• falsely allege that Divine Auto Pros has engaged in illegal or unlawful conduct;
• falsely allege that Divine Auto Pros has damaged, stolen or deliberately mishandled property;
• falsely represent the nature, circumstances or outcome of a service provided by Divine Auto Pros;
• deliberately omit or distort material facts in a manner intended to create a false or misleading impression;
• falsely impersonate Divine Auto Pros or its representatives;
• are knowingly false or published with reckless disregard for whether they are true or false; or
• are otherwise defamatory and are not protected by applicable law.

Customers agree not to use reviews, social media, online publications, emails, websites or other public or private communications as a means of knowingly spreading false or misleading allegations about Divine Auto Pros.

Where Divine Auto Pros reasonably believes that false, misleading or defamatory material has been published or communicated, we may request that the relevant person correct, remove or retract the material and may take any other action available to us under applicable law.

Nothing in this section requires a customer to remove or alter a genuine, truthful or honestly held review or complaint, and nothing in these Terms prevents a person from exercising any legal right available to them.

Divine Auto Pros reserves all rights available under applicable defamation, consumer protection and other laws in relation to statements or publications that unlawfully cause harm to our business, reputation or goodwill.

Where a customer has a genuine complaint regarding a product or service, we encourage the customer to contact Divine Auto Pros directly so that we have a reasonable opportunity to investigate the matter and, where appropriate, seek to resolve it.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Divine Auto Pros
Email: admin@divineautopros.com

For questions regarding returns, refunds or exchanges, please refer to our Return and Refund Policy or contact Divine Auto Pros using the details above.