TERMS OF SERVICE

About the Website

Welcome to schmicko.com.au (the “Website”). The Website is owned and operated by Schmicko Pty Ltd (ACN 628 151 486) (“Schmicko”). Thank you for using Schmicko services. If you book a service with Schmicko, you agree to our following Terms of Service. Schmicko is a digital platform which allows clients to automotive services to their desired place of location, assuming it is serviceable. If you have any questions regarding these terms, please email or call us and we will be happy to explain them in further detail.

Schmicko offers an on-demand booking platform for mobile car care Services (our “Services”).

In entering or using the Services, you confirm that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Schmicko Privacy Policy, whether or not you are a registered user of our Service. These terms and conditions (“Terms”) applies to all visitors, users, and others who access the Service (“Users”).

Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory dispute resolution clause.

These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. Any changes to the Terms take immediate effect from the date of their publication on our Website.

For the purposes of these Terms, any reference to “Schmicko”, “we”, “our”, or “us” means Schmicko Pty Ltd (ACN 628 151 486) and any reference to “you” or “your” means a User of our Website.

Acceptance of the Terms

You accept the Terms by remaining on the Website. A contract comes into existence when Schmicko accepts your request for the Services which is governed by these Terms and our Privacy Policy.

In order to access the Services, you may also be required to register for an account through the Website (the ‘User Account’).

By booking or registering you agree to all the terms and conditions of our Terms and Privacy Policy which gives notice to you through our user interface as follows:

By Registering, you agree that you’ve read and accepted our Terms and Conditions and you consent to our Privacy Policy.

(c) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address

Mailing address

Telephone number

Password

Passport/Medicare/Driver’s License

(“Registration Data”)

If your Registration Data changes, you must promptly update your Account to reflect those changes.

(d) You warrant that any information you give to us while completing the registration process will always be accurate, correct and up to date.

(e) You must not impersonate, misrepresent your identity, or imitate any person when registering for a User Account.

(f) Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with us or you are a person barred from receiving the Services under the laws of Australia.

Definitions

Admin means any person authorised to transact on behalf of Schmicko;

Content means any advertising and promotional material including (without limitation) text, graphics, trademarks, copyright material, website material, documents, articles, news, newsletters, posts, commentaries, data, photographs, pictures, graphic works, video, images, scripts, software, or files.

Intellectual Property Rights means all rights resulting from intellectual activity whether capable of protection by statute, common law or in equity anywhere in the world whether registered or unregistered, including copyright, discoveries, inventions, moral rights, patent rights, trademarks. Design rights, circuit layouts, plant varieties, know-how, trade secrets, the right to have confidential information kept confidential and all rights and interests of a like nature, together with any and all documentation relating to such rights and interests, and any right of registration of such rights and interests.

User Account means the account details registered by the User to access the Website.

Who may use our Services?

As a condition of your use of our Services you warrant that:

you can form a binding contract with Schmicko, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

you are over the age of 17; and

you are not a User previously removed from the system by Schmicko.

We retain the right in our sole discretion to deny anyone access to this Website if you do not comply with our Terms.

Schmicko’s obligations

As part of our Services, you may order, and Schmicko’s representatives may provide, but not limited to, vehicle, automotive-related services as advertised on the Schmicko booking forms. For any other products or services, we offer on our website, please refer to the warranties (if any, listed on our Website and below).

Schmicko uses reasonable efforts to ensure that the service will be provided in a professional and satisfactory manner. Schmicko is a digital platform that engages independently contracted automotive professionals to access work, where and when they want to work. Only professionals that have passed the rigorous vetting process will be engaged with our services. You understand and agree, however, that Schmicko does not guarantee that your service will be performed to meet any applicable industry or professional standards. Due to varying conditions a vehicle/vessel may be presented in, Schmicko is unable to guarantee to meet the desired preference/expectation of the customer.

You agree that time slots are estimates and completion times will vary depending on the condition of your vehicle. In addition to the latter, the price of Services performed may be subjected but not limited to change depending on the state of your vehicle and the customer’s desired preference (prices are all correct as of the date advertised on our Website). Arrival times may be subjected to delay due to but not limited to, prior bookings requiring additional time, traffic, unforeseen events and so on.

Services offered, will not include the removal of any parts such as, but not limited to the removal of seats, baby seats, door panels, spare tyre section, underneath the carpet and so on due to safety concerns. Services will only be performed on the areas as advertised in our packages on the website. Any additional parts that require cleaning will either not be cleaned eg. Adding extra car mats, additional boot lining, car seat covers and so on.

Extras and add-ons may be added to each booking for a more customised option and can be stacked to provide additional time. Eg. A Gold Mini Detail Package includes an upholstery seat shampoo, but additional time and passes can be purchased by adding the upholstery seat shampoo extra again.

You understand and agree that due to dangerous/poor weather conditions (for example, rain/hail), we and our representatives reserve the right to reschedule or postpone your booking.

Our representatives reserve the right to refuse to service a particular area of the vehicle that is prone to damage as it is already tampered/damaged e.g., broken, or dislodged air vent and so on as to avoid further damage.

If the customer wishes for the Provider not to perform or use certain chemicals or processes e.g. deodoriser, plastic dressings, or engine bay rinse, it is their responsibility to inform both Schmicko prior to the booking and the Provider on the day. Otherwise, services will be performed as specified on our website. It is the responsibility of the Customer to understand the health implications with the chemicals and procedures that we use e.g. if you are allergic to a certain chemical, we need to be informed.

Services include but not limited to mobile car care services such as car detailing, car washing, dash cam installations, window tinting, roof lining replacements and car air conditioning regas services.

Potential Risks, Breakages and Loss Policy Across Services

When working on older cars, parts become brittle and dry rotted and may break when attempting to remove them. The customer will not hold Schmicko responsible for fragile areas inclusive but not limited to broken fastener covers, tabs, door clips, or any other parts that may break due to the age or condition of the vehicle.

Potential risks associated with car roof lining repair include, but not limited to, plastics and surrounding areas such as the pillars, roof canvas, screws, clips and so on being prone to breaking during the installation process. This is due to the fact that these areas become brittle as they age, which also applies for Schmicko’s Dash Cam Installation process.

Potential risks of window tinting installations that the customer must accept as possible outcomes include, but not limited to, possible complications associated with the use of a water mixture to clean windows and install tints, the removal of the aerial/demister grid lines when removing the rear window tinting, the existence of dust specs in the film, which are inevitable as no tint installation can guarantee a 100% dust-free environment despite adequate cleaning procedures being actioned. Window tinting will never be perfect. Dust and imperfections can be found in any window when aftermarket tint is applied. Dot-matrix will look white or silver when the tint is applied over it. This is to be expected. Repair of these imperfections will be determined by Schmicko. Even with careful installation techniques, it is difficult to guarantee 100% perfection in car window tinting due to various factors. Dust particles can be present in the air during installation, and even the tiniest speck can become trapped between the film and the window. Additionally, factors like static electricity or imperfections on the glass surface can contribute to the presence of dust specs. While professionals strive for excellence, it is challenging to achieve absolute perfection in every instance.

Warranty for window tinting services must be communicated and addressed between the customer and installer and not with Schmicko. Services do not include the cleaning of the parked environment or floor surface although Representatives will take utmost care to keep the area clean in a condition to where it was presented just prior to our service.

Not all demister bars and antennas are manufactured and installed perfectly, and due to this, there can never be a 100% guarantee that damage will not occur. Our processes are designed to minimise the chance of possible damage and are consistent from vehicle to vehicle. If there are specific sensitivities with your vehicle to certain processes, we must be advised prior.

Window tinting shades on certain windows of your vehicle may be illegal in certain states due to varying tint laws across each state. You assume all responsibilities and do not hold Schmicko responsible or liable in any way. Schmicko will only install legal tints in compliance with the NSW legal tint laws.

Window tint is applied with soap and water mixture. When tinting windows (especially a windshield or rear glass) Schmicko will not be responsible for problems associated from the use of the water mixture. Schmicko take significant caution and care across all our installations to minimise possible risk, but problems can still be a possibility. Customers are welcome to choose another service provider as our replacement should the use of water may be of concern.

Schmicko will not be held responsible for problems associated with wiring, connections, dash cam and so on when removing and replacing a previous dash cam fitting. This is due to internal wiring, plugs and so on being damaged and/or tampered with prior to our work with the previous installation whether performed by 3rd party installer or customer. Any issues with the dash cam functionality must be dealt with the manufacturer for further advice.

You hereby acknowledge and agree that Schmicko’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle resulting from a service performed by Schmicko’s representatives or your interactions with a Schmicko representative) will be as is set forth in the Limitation of Liability section below.

Schmicko reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.

By providing a signature, you are providing absolute confirmation that the Service was completed to satisfaction. Anyone who is not the owner of the car who has been delegated the task to inspect and sign will too assume these standards/responsibilities of approval and confirmation on behalf of the owner.

Independent Automotive Professionals

All automotive professionals registered within our platform have undergone a rigorous vetting process and engaged as independent contractors. All professionals must ensure a high quality of workmanship to remain on our platform as this ensures that the services delivered are of a high standard.

Customer obligations

If you choose to make a reservation for our Services, then you must:

Verify the location of your vehicle before submitting a reservation and have provided ample time for our Technician to conduct their service to completion;

Ensure that the Services have been granted permission to be performed at your location;

Leave your vehicle in a public location where a Schmicko representative is authorised to enter and perform the Services; and

You accept that we and our representatives have the right to cancel or reschedule our Services and charge you a cancellation fee reasons including, but not limited to:
– If the location for servicing your car is unsafe, unsuitable or inaccessible (eg. parking unavailable, do not have the keys, power/water not working etc)
– If you are not present (no show)
– If the car is not in a working order eg. ozone machine requires access to the car AC to function.
– If not parked in an ideal environment to service eg. poor or low visibility due to no/poor lighting, limited spacing to move around the vehicle, openly exposed to nearby activity that can cause contamination (nearby construction, mowing services etc). Schmicko cannot be held liable for external and environmental conditions beyond their control
– There are no required access points to sources such as power and water (depending on the Service booked)
– Information provided upon booking was false or misleading, leading to the service being unserviceable upon arrival

You agree that after you have performed a final inspection and/or provided your signature after the supply of the Services, that you have accepted the supply of the Services and have no further claims. By taking delivery of your car, you are deemed to have accepted the car in its condition.

Failure to adhere to your obligations hereunder may result in our inability to provide you with our Services and therefore you will be billed a cancellation fee.

In no event will Schmicko be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.

Bookings subjected to a revisit to rectify any shortcomings of previous service, must have the revisit scheduled within 7 days to ensure minimal changes have occurred across that time span with relevance to the vehicle’s condition. This will uphold unless stated otherwise as it is subjected to Schmicko’s availability.

You understand that it is your responsibility to remove all valuables from your vehicle before our representative arrives to service your car. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. You agree that it is the responsibility of the customer to have their vehicle parked in the allocated service spot, not the Schmicko technician.

It is your responsibility to ensure that you inform the representative servicing your vehicle of any defects or circumstances that are not suitable for specific tasks (for example, washing the engine bay, cars with paint protection and so on) , technicians will carry out duties as disclosed in the packages advertised on our Website (“Website Packages”). You agree that our representatives only carry out the tasks advertised on our Website Packages. For example, but not limited to: “Engine Bay Rinses”, you accept that our representative will only carry this task out on your request, and you accept the performance of this Service at your sole risk of any damage or loss to your car or the likelihood of thinning paint protection with a machine polish.

If your car or any part of it is already damaged or partially damaged or contains any defects you agree to release and hold us harmless from any damage, aligned expectation, or loss to your car through the performance of our Services. For any specific or unusual tasks, our representatives reserve the right not to perform certain tasks where there is a risk of damaging the specific item or car part that needs cleaning (for example, pollutants, sand or grass deeply imbedded in car mats where cleaning may result in the shredding of the mat fabric; where there is staining in the roof lining and the application of shampoo or pressure may result in destroying or weakening any existing glue adhesiveness so that your car roof sags). You accept that we can minimise stains/smells but do not guarantee the complete removal of any stains or smells and that our representatives have the right to not undertake certain tasks where there is a risk of damage or loss to your car.

Scope of our Services

Roof Lining

Some conditions to consider regarding roof lining repair services include, but not limited to:

In order to replace the roof liner in our Roof Lining Repair Service, surrounding support components must be removed prior to access the roof lining. Although a rare occurrence, this repair service entails the potential risk of breakage/damage as older car models tend to become brittle over time. Due to the nature of the service, Schmicko will not be liable for damages during the roof lining repair service for vehicles older than the age of 10 years and will perform the service with due care.

Roof lining material will never be the exact same as the original car manufacturer’s lining, but instead a closely matched OEM alternative. Headlining is provided according to our colours provided. A callout fee will still be incurred for bookings cancelled due to a change of mind/preference when our technician has arrived.

Signage

Removal of signage/decals/stickers from the vehicle can cause discolouration. To alleviate the discrepancy, a machine buff can be used to level the paintwork but cannot guarantee 100% blending with areas covered and not covered by the signage. Possible damage may occur depending on the condition of the signage, which cannot be determined until worked on, this is a condition that must be accepted.

Car Air Conditioning Regas

Per Australian regulations, a faulty air conditioning system cannot be re-gassed if a leak is detected. If work is carried out in detecting such a leak charges will apply for the callout and diagnosis. Due to the complex nature of repairs associated with the vehicle, this must be performed in a workshop and beyond the Client’s scope of services. The Client’s mobile car air conditioning regas service includes recharging the air conditioning system with refrigerant and treatment of unwanted odours associated with the air conditioning system. Please note that this service does not include the repair of air conditioning systems or any other vehicle components. If during the course of our service, we identify a need for repairs, we will inform the customer and recommend taking the vehicle to a qualified repair shop.

Tint

Though Schmicko strives for perfection in our tint installations, due to the nature of the product and environment, some degree of dust contamination/specks and or minor imperfections can be present in every window film application, also pre-existing flaws or scratches and metal deposits on the glass are often much more noticeable after the windows are tinted. The level of contamination will determine the need for replacement on a case-by-case basis.

Warranty for services such as tinting will need to be followed up with the Tinting technician. Based on the tint manufacturer’s warranty, it is warranted against peeling, bubbling, cracking, de-metallising and discolouring for as long as you own your car. Your warranty is not transferable and is limited to the replacement of film and associated labour costs. This warranty does not cover film damaged by scratching, glass failure, glass breakage, leakage glass, film which has been subjected to mistreatment, abuse, improper care, film which has had stickers applied, suction cups, or similar are attached. This warranty does not cover any consequential loss however caused. All warranties implied by statute which can be excluded are excluded. Proof of purchase and current ownership will be required when making a claim.

For more information about our car wash Services, please review our Services Page.

Schmicko User Accounts

Your Schmicko account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Schmicko with third-party Services like Facebook or Google, you give us permission to access and use your information from that Services as permitted by that Services, and to store your log-in credentials for that Services. For more information about the types of information we collect from these third-party Services and how you can adjust your settings for such Services, please review our Privacy Policy.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Schmicko immediately of any breach of security or unauthorised use of your account. Schmicko will not be liable for any losses caused by any unauthorised use of your account.

By providing Schmicko with your email address you consent to our using of the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

Online and Mobile Services Rules

Acceptable use of the online and mobile Services

You agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Schmicko servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Schmicko grants the operators of public search engines revocable permission to use spiders to copy materials from Schmicko.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); transmitting spam, chain letters, or other unsolicited emails.

Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services.

Taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.

Uploading invalid data, viruses, worms, or other software agents through the Services.

Collecting or harvesting any personally identifiable information, including account names, from the Services.Uusing the Services for any commercial solicitation purposes.

Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.

Interfering with the proper working of the Services.

Accessing any Content on the Services through any technology or means other than those provided or authorised by the Services; or

Bypassing the measures, we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

Changes to the Services

We may, without prior notice, change the Services, stop providing the Services or features of the Services, to you or to Users generally or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Your use of the Website

You must not engage in potentially harmful acts that are directed against our Website. You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website. You must not scan or test the Website by hacking, password mining or any other illegitimate actions attempting to violate any security features of the Website. You must not use the software, scripts, robots, spiders, viruses, worms, Trojan horses or other harmful code on our Website or network. You agree not to use any device or software to interfere with the functionality of our Website. You must not scrape, robot or use spiders to copy any portion of the Website or the Content contained within it.

End-User License Grant

Schmicko Online

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our online Services for your personal, non-commercial use only and as permitted by the features of the Services. Schmicko reserves all rights not expressly granted herein in the Services and the Website Content. Schmicko may terminate this license at any time for any reason or no reason.

Our Proprietary Rights

Our online Services, including all Website Content, and all Intellectual Property Rights related thereto, are the exclusive property of Schmicko and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, claim, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Website Content. Use of the Website Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Ideas. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Schmicko under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Schmicko does not waive any rights to use similar or related ideas previously known to Schmicko, or developed by its employees, or obtained from sources other than you.

Bookings and Payment Terms

Bookings can be made through our Website located at www.schmicko.com.au or otherwise by contacting the Schmicko team at the contact details on our Website.

Payment Policies

If you elect to make an appointment online, over the phone, or any other means of communication, you agree to pay the amount presented on the billing screen and as set forth on our website/confirmation email. Schmicko may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. You agree that our representatives reserve the right to propose new fees and charges for the Services or increase these if the condition of your car warrants (for example, your car is very dirty or requires additional time to complete the Services because of any specific or unusual circumstances). Schmicko will bill your credit card upon completion when the representative has left your location. Any changes to pricing will be communicated to the customer prior before execution. Should the customer wish to no longer proceed with the booking, this will be subjected to the following cancellation policy

Strict Cancellation Policy

1) Bookings cancelled/rescheduled with less than 48 hours notice prior to the scheduled appointment will incur a cancellation fee equal to 50% of the service cost with a minimum of $50

2) If the Customer is not at the booked location on time, the cancellation callout fee may be incurred. It is always recommended that the Customer contacts Schmicko regarding a late arrival time or any unexpected circumstances.

This cancellation policy is in place to help retrieve lost time and financial (advertising, staffing and resource) costs/loss incurred from an empty appointment slot on such short notice. Any reschedules or cancellations with at least 48 hours notice, will be entitled to no fees incurred.

Hazardous Conditions Policy

If your property is deemed a hazardous situation that goes over and above our typical line of work, Schmicko professionals have the right to walk away, all details must be disclosed on the booking form or to the Schmicko Representative when booking over the phone. Upon such Services, the Customer will be charged the callout fee for these hazardous situations of which the vehicle is deemed unserviceable by the Technician. Hazardous conditions may include, but not limited to, human/pet waste/fluids, sharp objects, weapons, broken glass, insect infestations, toxic spills and so on. Any hazardous possibilities regarding the work must be disclosed with Schmicko in advance during the booking so that we are aware of the serviceability and risks involved.

Refund Policy

Schmicko process refunds in accordance with the Australian Consumer Law. Except as required by law, any fees paid by you are final and non-refundable.

The Customer may reject the Services if the Customer considers that the Services are unsatisfactory or fail to comply with the statutory guarantees under the Australian Consumer Law.

Schmicko will only facilitate a refund in accordance with the Australian Consumer Law, or, if determined, in absolute discretion under Schmicko, it is reasonable to do so to the provided payment method/details upon booking (not a nominated account).

Payment Information and Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. The Customer agrees to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. All payments for our Services are in Australian Dollars (AUD). We will be entitled to add on GST for the supply of our Services.

Collection Clause for Unpaid Amounts

In the event that a Customer fails to make the agreed-upon payment for Services rendered by the end of the confirmed booking date, the Customer shall be responsible for any and all costs associated with the recovery of the outstanding amount. This includes, but is not limited to, fees incurred for hiring a professional debt collection service. The debtor/s shall pay for all costs actually incurred by Schmicko in the recovery of any monies owed under this Agreement. You agree to be liable for and indemnify Schmicko. These costs include recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis, debt collection commission and legal fees on an indemnity basis.

Should the Customer’s account become delinquent and efforts to secure payment through standard means prove unsuccessful, the Customer acknowledges and agrees that Schmicko reserves the right to engage the services of a reputable debt collection agency. The Customer further understands and consents to the addition of any fees, charges, and expenses incurred during the debt collection process being added to the original owed amount.

The Customer acknowledges that the fees associated with hiring a debt collection service may include, but are not limited to, collection agency fees, legal fees, court costs, and any other reasonable costs necessary to recover the unpaid debt. These additional costs will be assessed at the discretion of the company and will be clearly communicated to the customer before any action is taken.

By entering into a business transaction with Schmicko, the Customer agrees to abide by this collection clause and understands the potential financial consequences of non-payment, including the responsibility for all costs associated with debt collection.

This collection clause is an integral part of the overall terms and conditions governing transactions with the company. By continuing to engage in business with Schmicko, the Customer acknowledges their understanding and acceptance of these terms, including the provisions outlined in this collection clause.

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Australia.

Security

Schmicko cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Links

The Services may contain links to third-party websites, Services, special offers, or other events or activities that are not owned or controlled by Schmicko. Schmicko does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Services. If you access a third-party website from the Services, you do so at your own risk, and you understand that this Agreement and Schmicko’s Privacy Policy do not apply to your use of such sites. You expressly relieve Schmicko from any and all liability arising from your use of any third-party website, Services, or Content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Schmicko shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity

You agree to defend, indemnify and hold harmless Schmicko and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your breach of any of these Terms;

your willful, reckless or negligent act;

personal injury to any person caused or contributed to by you;

your act or omission and constitutes a loss of or damage to property;

any third-party claim in respect of personal injury, death or damage to third-party property arising from your act or omission;

your use of and access to the Services, including any car wash Services received by you and performed by the Client’s representatives;

any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder;

your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above;

your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

your violation of any applicable law, rule or regulation; and

any other party’s access and use of the Services with your unique username, password or other appropriate security code.

Representations and Warranties

To the maximum extent permitted by applicable law, Schmicko does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the car and boat care Services performed by Schmicko’s representatives, or any losses or damages that may result therefrom the Services, including but not limited to car wash, tinting, roof lining, dash cam installation or boat care and other services we offer, are provided to you on an “as is” and “as available” basis.

Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement.

Without limiting the foregoing, Schmicko, its subsidiaries, and its licensors do not warrant:

that the Services is accurate, reliable or correct;

that the Services will meet your requirements; or

that the Services will be available at any particular time or location, uninterrupted or secure.

Any Content downloaded or otherwise obtained through the use of the Services is at your own risk and you will be solely responsible for any loss or damage through such use.

All information provided by us on this Website pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update, change, modify, add or remove these Terms at any time.

We do not warrant that product or services descriptions, or other Content on this Website is accurate, complete, reliable, current, or error-free. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to the information, products or services on our Website will be uninterrupted, timely or secure.

We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on our Website or pursuant to our information service. It shall be your own responsibility to ensure that any products or services or information offered through this Website meet your specific requirements.

E-Gift Card Terms and Conditions

– If you lose or misplace your e-gift card, it will not be refunded or be exchangeable for an alternative.
– E-Gift cards may not be redeemed for cash and is non-refundable.
– E-Gift cards can only be redeemed for the recipient addressed in the transaction and cannot be transferable.
– All e-gift cards expire after 3 years from the date of issue.
– E-Gift cards may be redeemed for any service under the condition that we do service that geography/region and used as one gift card per booking.
– E-Gift Cards may only be used on a service with a minimal booking total depending on the service category eg. $149 for car detailing services

Coupon Codes

Coupon codes may be redeemed by customers when exercising some of the promotional offers presented by Schmicko and are subjected to their own terms and conditions that depend on but not limited, to the service category, location, package type, car make and availability of appointments. Coupon codes may only be used on a service with a minimal booking total depending on the service category eg. $149 for car detailing services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Schmicko, its affiliates, agents, directors, employees, representatives, suppliers, contractors, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services, performed by Schmicko’s representatives. Under no circumstances will Schmicko be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your account or the information contained therein.

To the maximum extent permitted by applicable law, Schmicko assumes no liability or responsibility for any:

errors, mistakes, or inaccuracies of content.

(personal injury or property damage, of any nature whatsoever, resulting from our Services, performed by our representatives.

the acts or omissions of our employees, contractors, or representatives performing Services on our behalf.

any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

any delay in the Services, including a delay of Schmicko’s representatives in performing services.

the failure of Schmicko’s representatives to perform the Services;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile Services by any third party.

any errors or omissions in any Content or for any loss or damage incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services; and/or

User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Schmicko, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts you paid to Schmicko in the last 12 months hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Schmicko has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. this agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Services is controlled and operated from its facilities in Australia. Schmicko makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Australia.

Our Copyright and Intellectual Property

The Intellectual Property Rights in or related to the platform or any of its documentation vest in Schmicko or Schmicko has the right to use the Intellectual Property Rights.

The Website and all of the related products and services of Schmicko are subject to copyright protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website Content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled by Schmicko or its contributors. You may not, without the prior written permission of Schmicko and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose. Schmicko retains all rights, title and interest in and to the Website and all related Content and our platform. The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other media for publication or distribution, without our express prior written consent.

The Intellectual Property in our Content including any trademarks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or property of the respective parties. Your obligations under this clause survive termination or expiry of these Terms.

Governing Law and Arbitration

Governing Law

You agree that:

the Services shall be deemed solely based in New South Wales; and

the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Schmicko, either specific or general, in jurisdictions other than New South Wales.

This Agreement shall be governed by the internal substantive laws of New South Wales, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in New South Wales, for any actions for which we retain the right to seek injunctive or other equitable relief, as set forth in the Arbitration provision below.

Arbitration

For any dispute with Schmicko, you agree to first contact us at admin@schmicko.com.auand attempt to resolve the dispute with us informally. In the unlikely event that Schmicko has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Schmicko claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in New South Wales.

Unless you and Schmicko agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.

You agree that, by entering into this agreement, you and Schmicko are each waiving the right to a trial by jury or to participate in a class action.

General

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of this Website and our Services. This exclusion includes without limitation:

the completeness, truth, suitability, quality or accuracy of the information or product and service descriptions published on our Website (including third-party material and advertisements);

that the information on the Website is up to date; or

any product or service or the Website will remain available.

We take no responsibility for any error or omission relating to the material published on this Website. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability by any information on the Website and any decisions based on such information are your sole responsibility.

Advertising Disclaimer and Editorial Independence

Product descriptions and technical specifications are sourced from the manufacturers. Graphics and images of product users are provided for illustration purposes. We may receive a commission or fee for products displayed on this website, and we may offer a material benefit for other websites recommending or directing customers to our website. Our ranking criteria are based on a mix of objective and subjective factors aimed to provide consumers with the best experience and cost-benefit results, aesthetics (product design), easiness of use, feedback from individuals , technological and innovation features, among other factors.

Affiliate links are those that you may click on within our content that take you to an online retailer or manufacturer to learn more about its products. Should you purchase goods from the vendor, we may be paid a small commission.

This does not affect our editorial independence, or how we review the products and services we recommend.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by Schmicko without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

Schmicko may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Schmicko in our sole discretion. Schmicko reserves the right to determine the form and means of providing notifications to our Users may opt-out of certain means of notification as described in this Agreement. Schmicko is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Schmicko may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Services. If you do not agree to any of these Terms or any future Terms of Services, do not use or access (or continue to access) the Services.

Entire Agreement

This Agreement, together with any amendments and any additional agreements you may enter with Schmicko in connection with the Services, shall constitute the entire agreement between you and Schmicko concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Schmicko’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Warranty Terms and Conditions

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Paint Protection – Graphene and Ceramic

Compliant Vehicles –

Your vehicle may be either New & Used, but has to be within 5 years of age from the manufacturing date and be complete with a Clear Coated Paint Finish.

Type of Cover –

Schmicko warrants the vehicles exterior painted surface coated with ceramic coating under the existing Terms & Conditions whereby the paint protection is non-existent. Providing that all of the terms and conditions have been compliant, Schmicko will rectify the damage based on the “Conditions of Liability”.

Period of Cover & Conditions–

Vehicles under Duratek Paint Protection:

New & Used Vehicles are covered for the life of the Ceramic Coating (4 Years/50,000km) or Graphene Coating (62,500km or 5 Years). Once the years, as noted, has expired or mileage has been driven (whichever comes first), the warranty will be terminated.

General Conditions –

1. Warranty cover is only valid if the customer has applied for Warranty Cover by completing the Warranty Application Form within 30 days of the application.

2. The vehicle must remain at all times registered for road use within Australia.

3. Only vehicles registered as Passenger Vehicles will be warranted. Commercial vehicles of any kind will not be covered.

4. In the occurrence of repair or damage to the painted surface, such as from a car accident, the vehicle must be re-treated with a ceramic coating to the damaged area at the owner’s expense within 45 days of the occurrence.

5. Warranty is only available to the name of the vehicle owner at the time of the instalment and cannot be transferred over.

6. Original Online Application Receipt must be kept for proof of application – in your confirmation email.

7. Cars booked without the single stage paint correction shall be assumed to be in a satisfactory condition as deemed by the car owner, indicating that no further correction is necessary prior to the application of paint protection.

8. Should a product reapplication be required (eg. vehicle accident) you or your insurer are liable for a reapplication fee, to be calculated by Schmicko.

9. The vehicle exterior paintwork must be maintained and washed regularly on a fortnightly to monthly basis to Schmicko’s standards. This ensures that proper washing techniques, products and standards are performed each time.

Exclusions –

1. Where the owner has deemed to have been careless, negligent or fails to maintain the exterior painted surface in the correct manner ie, not washing their car regularly and correctly under proper cleaning techniques/standards, allowing pollutants to bake on to the surface for extended periods.

2. Pre-existing damage to the painted surface.

3. Damage to the coated surface by incorrect manual wash techniques, automatic car washes, brushes or contaminated wash tools that may cause abrasion, or damage caused by a third party i.e Not Schmicko.

4. Swirl marks, marring, scratches, scuffs, scrapes, chips, paint transfer.

5. Water spots – Water spots are caused by hard water (mineral deposits) which have been left to dry on the paint for extended periods.

6. Failed Clear Coat – Peeling, Hazing and Fading.

7. Damage caused by collision, accidental damage, vandalism, malicious damage, fire, hail, flood, stones, collision, surface rust, rail dust, physical damage, paint over spray, water spots or vehicle manufacturer’ defects, or defects which may be covered under a manufacturers or dealerships protection plan.

8. Areas that have not been retreated after a paint repair.

9. Any loss of time or use of the vehicle while it undergoes inspections or treatments.

Conditions of Liability (Claims) –

1. Damage that may be covered under this warranty must be made aware to Schmicko within 30 days of the occurrence, failure to do so will result in a void warranty.

2. A Claim “Inspection Fee” of $100.00 is payable, this is refunded if the warranty claim is approved for repair by Schmicko.

3. Claim determination is at the sole discretion of Schmicko, approving the repair / retreatment by partially refunding the application cost to the vehicle owner at a maximum of $200 and terminating the warranty.

4. Any dispute arising under these terms and conditions shall be governed by the law of New South Wales, Australia, the involved parties agree to submit to the jurisdiction of that State.

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Dash Cam Installation

Type of Cover & Conditions

This warrants automotive dash cam installations covered by this original agreement against issues correlated to a faulty installation for the original purchaser who owns the car with a claim within 2 years of the installation date. The cover extends to the original owner only and is not transferable. Issues arising with the functionality of the dash camera is to be addressed with the Manufacturer as Schmicko does not supply/provide the dash camera. Schmicko will take no responsibility if the product is deemed in working order and will seek compensation for time and costs if required.

Your warranty is limited to the reinstallation of the dash camera only and will not cover any costs associated with the replacement of a dash camera and components.

This warranty does not cover any consequential loss however caused. All warranties implied by statute which can be excluded are excluded. Keep this warranty information in a safe place. It combined with proof of purchase and current ownership will be required when making a claim.

General Conditions –

1. Warranty claims must be within 2 years of the installment date as disclosed on your receipt and confirmation.

2. The vehicle must remain at all times registered for road use within Australia.

3. Warranty is only available to the name of the vehicle owner at the time of the installment and cannot be transferred over.

4. Original Online Application Receipt must be kept for proof of application – in your confirmation email.

5. Warranty will not cover damage caused by the following but not limited to, abuse, water damage, theft, tampering/attempted reinstallation by someone not from Schmicko.

Roof Lining

Type of Cover & Conditions

This warrants automotive roof lining installations covered by this original agreement against sagging and glue failure for as long as the original purchaser owns their car for the duration of 5 years. The cover extends to the original owner only and is not transferable.

Your warranty is limited to the replacement of the roof liner and associated labour costs. This warranty does not cover headliner damaged or subjected to mistreatment, abuse, improper care, poor maintenance, stains and so on.

In order to replace the roof liner, surrounding support components must be removed prior. Although a rare occurrence, this repair service entails the potential risk of breakage/damage as older car models tend to become brittle over time. Due to the nature of the service, Schmicko will not be liable for damages during the roof lining repair service for vehicles older than the age of 10 years. Surrounding parts tend to experience water damage and in turn become fragile and brittle prior to developing towards the saggy roof. How well a roof lining binds is dependent on the condition of the canvas, which will often dictate its longevity.

Vehicles that require the sunroof lining to be replaced will not be covered by warranty for the sunroof itself, due to the increased inherent risks involved with replacing the sunroof.

General Conditions –

1. Warranty cover must be applied for within 30 days of the application date.

2. The vehicle must remain at all times registered for road use within Australia.

3. Only vehicles registered as Passenger Vehicles will be warranted. Commercial vehicles of any kind will not be covered.

4. Warranty is only available to the name of the vehicle owner at the time of the instalment and cannot be transferred over.

5. Original Online Application Receipt must be kept for proof of application – in your confirmation email.

Tips & Warnings

Always regularly clean the roof lining to avoid the build up of stains and unwanted dirt marks.

Avoid applying too much pressure whilst cleaning and do not use too much cleaning product.

Window Tinting

Compliant Vehicles –

Your vehicle may be either New & Used and disclosed with your booking receipt.

Type of Cover & Conditions

This warrants automotive window films covered by this original agreement against cracking, crazing, peeling, bubbling, delaminating, demetallising, adhesive failure, film fade, colour change, and loss of performance in any measurable way under normal use on interior glass surfaces for as long as the original purchaser owns their car. The cover extends to the original owner only and is not transferable. Claims must be dealt with the Tint Installer Technician/Contractor regarding warranty claims and at their discretion/availability. A call-out fee will be incurred for warranty claims and will be refundable under the circumstance that it complies under the warranty conditions.

Your warranty is limited to the replacement of film and associated labour costs, of which a window tint will be selected that will match as close as possible. This warranty does not cover film damaged by scratching, glass failure, glass breakage, leaking glass, film which has been subjected to mistreatment, abuse, improper care, or film to which stickers, suction cups or similar is attached. Warranty applies to all windows with tints with the exclusion of the rear window due to the varying reactions between the tint and defroster lines over time that cannot be controlled.

Although all care is taken, and windows are thoroughly cleaned, even with the most favourable of conditions it is almost impossible to avoid a few specks of dust from getting under the film during installation. A few minor particles are possible and unless they are large and noticeable from viewing 1 meter away then you should not be worried about this as they will not affect the performance or longevity of your film.

Film Care & Maintenance

After-market window tint for your car has many advantages, and maintaining your car’s window tint is actually pretty easy. Know what products and materials are safe to use on your car’s window tint and you’ll keep it looking as good as it did the day it was installed.

It is important not to wind down your windows for at least 48 hours after installation.
It is also important not to clean the glass during the drying period, normally 21 days. Time will vary depending on the environment, warmer temperatures will accelerate the drying process and vice versa.
A hazy or milky appearance and moisture bubbles will be evident soon after initial application. Do not be concerned. They will slowly disappear during the curing process. This may take longer in Winter.
After curing, a few small particles or points may remain. They are normally visible from the outside and are inherent to a film adhesive system. They will not affect the performance of the film in anyway.
To clean, simply spray film with Ammonia Free Glass Cleaner and wipe off lightly with a soft cloth or rag. Do not use abrasive cloths, brushes, powders or ammonia based window cleaner.
Be cautious when unbuckling your seat belt that it doesn’t hit the window as it retracts, which could leave a scratch. The same holds true for using extra care when loading your vehicle that you don’t allow anything to rub against the tint.

General Conditions –

1. Warranty cover must be applied and submitted within 30 days of the application date.

2. The vehicle must remain at all times registered for road use within Australia.

3. Only vehicles registered as Passenger Vehicles will be warranted. Commercial vehicles of any kind will not be covered.

4. Warranty is only available to the name of the vehicle owner at the time of the installment and cannot be transferred over.

5. Original Online Application Receipt must be kept for proof of application – in your confirmation email.

Tips & Warnings

Do not stick registration label to tinted glass.

Be mindful of pets scratching on windows.

Clean the inside of the rubber window seal frequently to prevent dust build up which can cause scratching. Normally every 3 months!

Application Form

Here

Contact

This Website is owned and operated by Schmicko Pty Ltd (ACN 628 151 486)

You can contact us:

by telephone, on the contact number published on our Website from time to time;

by email, using the email at admin@schmicko.com.au from time to time.

by live chat on our website

Schmicko Terms & Conditions

TERMS OF SERVICE

Warranty Terms and Conditions

Paint Protection – Graphene and Ceramic

Dash Cam Installation

Roof Lining

Window Tinting