Broker (Affiliate) Terms and Conditions Version Published: 21st January 2020
These terms and references are designed to enable the Broker (Affiliate) representing a single or group of Customers to purchase 365 Roadside Assistance. 365 reserves the right to exclude/refuse or decline commercial terms should coverage sought be outside the acceptance criteria of 365 Assistance Pty Ltd terms of reference or business terms.
GENERAL
The affiliate wishes to offer automotive roadside assistance services to its customers, providing access to 24 hour emergency roadside assistance supported and offered by 365 Assistance Pty Ltd.
The Affiliate is able to offer those suite of Assistance services as provided herein within the approved Affiliate page of 365 assistance.
The relationship of the Affiliate or Broker is one of an Agent and the relationship in terms of providing roadside assistance services is directly between the Customer (vehicle owner) and 365 Assistance Pty Ltd, in terms of the provisions of services supported.
Services will be transacted by way of Declaration of Affiliate eligible Customers to 365 via the 365 Affiliate purchase path, and referenced at www.365roadisdeassistance.com.au/affiliatelogin
Member benefits, terms and conditions are based on the offer directly published by the 365 website
(www.365roadsideassistance.com) and nominated Affiliate website(s), as specified within this Agreement.
365 provides both an IOS and Android Mobile App and can be downloaded via the relevant store or can be navigated to these locations via the 365 website.
Vehicles for the purposes of this Agreement are able to have Roadside Assistance up to the age of 15 years old and can be for general personal or commercial use (with the exception of taxis, Uber and hire vehicles, but only for vehicles under 3.5 tonnes). Vehicles that have been with Affiliate and 365 for 3 years or more up to the vehicle being 15 years old will be able to renew up to the vehicle being 20 years old.
Customers can call 1300 302 500 24 hours, 365 days per year to obtain various services supplied by 365.
_______________________________________________________________________________________________________________________________
WHEREFORE
In consideration of the premises and mutual covenants and Agreements contained herein, the parties hereto agree as follows:
ARTICLE 1: DEFINITIONS
1.1 “Accident” means a collision between the Customer’s Vehicle and another vehicle or object or an attempted break in or theft of the Vehicle.
1.2 “Authorised Person” means an individual or officer designated by Affiliate to be responsible for approving provision of Services by 365.
1.3 “Authorised Repairer” means a repairer other than a Preferred Repairer which has been authorised by Affiliate to perform temporary repairs to mobilise the Vehicle after a breakdown. 365 determine that on all occasions the Customers vehicle if towed, will be taken to a Preferred Repairer if possible and practical to do so. If not possible then an Authorised Repairer will be determined by 365.
1.4 “Breakdown” means a mechanical or electrical failure, which causes the Vehicle to be immobilised or renders it unsafe to drive, provided this is not occasioned by attempted theft or Accident related damage. A Breakdown may also mean a driver-related incident including, but not limited to, basic call outs such as a deflated tyre, locked or lost keys, insufficient fuel or flat battery.
1.5 “Case” means a call received by 365 from a Customer and the event has been entered into the 365-computer system.
1.6 “Contractor” means a company or contractor or subcontractor assigned by 365 to affect roadside assistance repairs, towing, transport and or recovery of a Vehicle.
1.7 “Customer” means the driver of a Vehicle registered under the Programme by Affiliate and authorised to drive the Vehicle by the owner and is duly licensed to drive the Vehicle under the relevant provisions, laws and regulations of Australia.
1.8 “Customer Records” means all records held by or in control of 365 relating to the provision of Services provided by 365 to Affiliate Customers, including Customer and Vehicle lists, Customer addresses and phone numbers, details of vehicle registrations and other information and records which are used for the provision of the Services.
1.9 "Declaration" or "Declare" means Affiliate Customers that are customers (either fleet or otherwise) through Affiliate & its brands and provided to 365 to support with roadside assistance as per the Agreement. This is an absolute list and includes New, Renewed and Lost (DNR Did not Renew).
1.10 "Fees" means in Australian Dollars (AUD) the amount per vehicle to be charged aligned to the Fee in clause 6.
1.11 “GST” refers to the Goods and Services Tax.
1.12 “Materials” means letters, notices, brochures, Customer cards and any other documents directed to a Customer regarding the Programme and associated Services; otherwise known as Customer Fulfillment material.
1.13 “Programme” means the roadside service programme as described by this Agreement and specifically in Article 3 of this agreement.
1.14 “Recovery” means the relocation of the Vehicle by a towing operator or vehicle transport company (road or rail) of the Vehicle back to a Preferred Repairer, Authorised Repairer, the owner’s home or intended destination as deemed appropriate by 365.
1.15 “Services” means those services as covered in the terms of product documents at www.365roadsideassistance.com.au and these terms and conditions are to be read in alignment to the products specifically that were purchased.
1.16 “Tow / Transport” means that the Vehicle will be towed or transported by the most appropriate equipment available to 365, dependent on the services available, the location of the Vehicle and the time that the Breakdown occurs.
1.17 “Vehicle” means any duly registered motor vehicle (excluding Vehicles greater than 3.5 Tonnes, Taxis, Rental or Hire Vehicles) being used by the Customer and covered under the Programme, and complying with the relevant provisions, laws and regulations for road worthiness and use.
1.18 “CPI” means the Australian Consumer Pricing Index annual change in the private sector, published by the Australian Bureau of Statistics.
1.19 The singular shall include the plural and vice versa and reference to any gender shall include all genders.
ARTICLE 2: SERVICES TO BE PROVIDED
Services and products chosen are based on the cover choice of the Affiliate for an on behalf of the Customer or when purchased directly by the Customer.
2.1 365 shall provide the Service, twenty four (24) hours, seven (7) days a week to Affiliate Customers in Australia. 365’s obligation to provide any of the Services shall be upon 365’s ability to confirm the Customer’s eligibility for these Services.
2.2 365 shall agree to supply, in good faith, the applicable Service in a timely manner taking into account the circumstances of each case. 2.3 365’s operations coordinators will be available by telephone on a toll-free or collect call basis, facsimile, mobile app (365 will advise when ready to offer to Affiliate Customers) or email at its assistance centre in English twenty-four (24) hours a day, seven (7) days a week in the provision of the Services for Customers in Australia.
2.4 When 365 have the information immediately available, it will provide the relevant Services to the Customer whilst the Customer is on the telephone. In all other cases, 365 will provide the information to the Customer by the quickest possible means.
2.5 365 will provide the appropriate Services according to the Customer Records and Programme as advised to 365 by Affiliate.
These Services will also be noted in the Member documents that are made available on the Website to the Customer.
ARTICLE 3: REQUEST FOR ASSISTANCE
3.1 In case of assistance, the Customer or his representative shall call the 365 Assistance centre on 1300 302 500 or use the mobile phone app and shall give the 365 Operations Coordinator:
a) The name of the Customer and the registration number of the Vehicle.
b) The name of the place and if possible the telephone number where 365 can reach the Customer or his representative.
c) A brief description of the emergency and of the nature of the help required.
d) Details specifically on the vehicle including type/Diesel or Petrol, Age etc. to allow the most seamless and fast delivery of service from the suppliers of 365.
3.2 The Customer is to wait by the Vehicle after contacting 365 as 365 cannot provide assistance services at the site of the Vehicle Breakdown if the Customer is not in attendance.
ARTICLE 4: DATA TRANSFER TO 365 AND PRODUCT INFORMATION
4.1 365 DATA REQUIREMENTS
a) Affiliate will provide 365 with the necessary Customer and Vehicle information via a ‘Declaration’ or entered directly within the Affiliate Page of the 365 website, to enable 365 to provide the Services requested by Affiliate. This information will be supplied to 365 on a daily basis or PRIOR to any service needing to be requested.
b) 365 will comply with the Privacy Act and regulations made thereunder in respect of such Customer and Vehicle information. In the event of a notifiable breach Affiliate will notify the OIAC and any affected individuals and all reasonable costs will be paid by 365.
c) Data will be transported via API End points and directly feed into the 365 system from the Affiliate system in real time. Alternatively, they may be provided as CSV files by Affiliate and manually uploaded into the 365 system prior to any API integration.
d) Data syncing between parties may change to different digital formats over the course of the term of the Agreement and this will be agreed in writing (email confirmation acceptable) at that time.
4.2 POLICY HANDBOOK
a) Affiliate Customers will receive a brochure electronically from Affiliate about 365 Roadside Assistance. A text will also be sent to them advising they now have Roadside Assistance, with the contact details of 365 which can be stored on their phone for ease of access and will include when ready, details on how to download the 365 Mobile App.
b) All communications (including brochures and customer written content) will be branded 365 Roadside Assistance unless agreed separately with the Affiliate, depending on broader commercial terms.
ARTICLE 5: EXCLUSIONS
5.1 GENERAL EXCLUSIONS
365 will only provide services to those Customers of Affiliate paid for under the program and where ambiguity occurs, the Customer is not on the Declaration or is no longer a registered member of the program of Affiliate’s – all case costs will be the responsibility of the lapsed Customer. 365 will at all times provide services however as we are conscious of providing a premium and supportive service if data or the client is not part of the program, exposing 365. Both parties will come together to discuss and determine the cause of action with you post case assistance.
365 shall not be held responsible for and is not required to provide any Services where any of the following occur:
a) Where the Vehicle has undergone unauthorised modifications (including without limitation any replacements, removals or additions) not in conformity to the manufacturer’s specifications or the Vehicle has been modified for racing, trials, or rallying or any Accident or any claim for Service has arisen in respect of such races, trails, rallies or participation in such activities.
b) Where the Vehicle is carrying more passengers or towing a greater weight than that for which it was designed as stated in the manufacturers specifications or arising from or connection with the improper, unauthorised, reckless or negligent operation of the Vehicle or misuse of the Vehicle.
c) Loss or damage directly or indirectly occasioned by or happening or in consequence of war, invasion, act of God, act of foreign enemies, hostilities whether war be declared or not, civil war, rebellion, insurrection, terrorism, military and usurped power, riot, or civil commotion or sabotage or any other events (whether falling into the same genus, species, class or category as the foregoing or not) beyond the control of the Customer or the person operating or having control of the Vehicle at the time of the Accident.
d) Provision of Services outside Australia or not on a designated Road.
e) Any person drives the Vehicle who does not hold a valid licence issued by a competent authority.
f) Mechanical Breakdown due to driver related damage or misuse of the Vehicle other than the four basics as defined in 365's Terms and Conditions. In such cases, assistance will still be provided however the Customer will be responsible for all costs. Further if the customer fails to execute maintenance or replace batteries when required and incurs frequent cases occur as a result - 365 will provide service however at the customers cost for the case call out fee and any parts.
g) The Vehicle is in an un-roadworthy condition or the Vehicle has not been regularly serviced in accordance with the manufacturer's instructions.
h) 365 shall not be held responsible for any damage to or theft of objects and accessories, which are left in or outside the Vehicle.
i) 365 shall not be responsible for any costs in respect of any Breakdowns resulting from or connected with the Vehicle manufacturer's recall.
j) 365 will not be responsible for the cost of any Breakdowns resulting from unauthorised repairs or from faulty workmanship.
k) 365 will not be responsible for the cost of any Breakdowns caused by the fitting of accessories to the Vehicle which are not genuine or are not from the original manufacturer or which are not approved by the manufacturer.
l) In the event that a Preferred Repairer has not rectified an ongoing fault, has carried out a faulty repair, service or has fitted a non genuine accessory which has caused the Vehicle Breakdown, 365 will provide roadside assistance, however all associated costs will be recharged back to the Preferred Repairer.
m) 365 can provide assistance to Vehicles not accessible by a two-wheel drive recovery vehicles however in such cases the Customer will be responsible for the cost.
ARTICLE 6: FEES AND REMUNERATION
6.1 Payment is made immediately upon commencement of the Membership within the 365 Affiliate website. The prices are noted therein and may be subject to change.
6.2 The Affiliate specific commercial terms will be covered directly with the Broker/Affiliate and confirmed via email in writing, however all Customer pricing is as per the Affiliate website.
a) Note 14 day full reimbursement terms are in place however if the Customer utilises the Services of 365 in any capacity then
reimbursement is not possible and the customer is deemed to have paid the full 12 month term of Membership.
6.3 The fees in the table are for 12 months cover and 365 will apply no minimum annual commitment to achieve this pricing.
ARTICLE 7: GEOGRAPHICAL SCOPE OF SERVICE
7.1 The Services provided by 365 under this Agreement shall be available on mainland Australia only including Tasmania, with Territories such as Christmas and Cocos (Keeling) Islands, Norfolk Island and Lord Howe Island are NOTED as EXCLUSIONS.
ARTICLE 8: FORCE MAJEURE
8.1 In the event of flood, earthquake, fire, hurricane, industrial disturbance, strike, fire, war or civil strife, Acts of God or any other law, order, decree, rule or regulations of any governmental or quasi governmental authority or for any reason, whether falling into the same genus, species, class or category as the foregoing or not, beyond the control of the parties which, in the opinion of either of the parties makes the strict performance of this Agreement undesirable or impossible, the parties shall consult with a view to its modification or other alteration.
ARTICLE 9: ADVERTISING, MARKETING AND BUSINESS DEVELOPMENT
9.1 Affiliate may name 365 as the service provider subject to the prior written approval of 365. Such approval is not to be unreasonably withheld.
9.2 365 may name Affiliate as the client subject to the prior written approval of Affiliate. Such approval is not to be unreasonably withheld.
9.3 Affiliate may advertise and promote the program and/or relationship with 365, as it deems appropriate and shall be solely responsible for all advertising materials subject to 365's approval of the description of the Services or Agreement. Such approval is not to be unreasonably withheld.
9.4 365 may advertise and promote the relationship with Affiliate, as it deems appropriate and shall be solely responsible for all advertising materials subject to Affiliate approval of the description of the Services or Agreement. Such approval is not to be unreasonably withheld.
ARTICLE 10: REPRESENTATION, WARRANTIES AND INDEMNITIES
10.1 Affiliate warrants it has all the necessary power and legal rights to offer the Services to the Customers in accordance with this Agreement and that Affiliate’s obligations under this Agreement and this Agreement does not conflict with any other contract.
10.2 365 warrants it has all the necessary power and legal rights to provide the Services to the Customers in accordance with this Agreement and that 365’s obligations under this Agreement do not conflict with this obligation under any other contract.
10.3 365 warrants that it will comply with applicable laws such as Australian consumer law.
10.4 Improvement processes, programs, methods, names of agents and business networks, information concerning Auto Service Providers and other Service Providers, compilations used or employed in connection with this program are trade secrets and/or confidential and proprietary information of Affiliate and 365, respectively. For the avoidance of doubt, Affiliate will own all customers and customer data.
10.5 No duplication of any of the foregoing information shall be made and kept by the recipient of that information. Upon termination or expiry of this Agreement, both parties shall release to the other all data / information received from that other party within thirty days from the termination or expiry of this Agreement.
ARTICLE 11: GOVERNING LAW
11.1 This Agreement is governed by, and shall be construed in accordance with, the state laws of New South Wales. ANY Notices are to be forwarded to in the case of Notice to 365:
COMMERCIAL DEPARTMENT - BROKER & AGENCY 365 Assistance PTY LTD
Level 11, 66 Clarence Street,
Sydney, New South Wales 2000
Email: support@365roadsideassistance.com.au
These terms and references are designed to enable the Broker (Affiliate) representing a single or group of Customers to purchase 365 Roadside Assistance. 365 reserves the right to exclude/refuse or decline commercial terms should coverage sought be outside the acceptance criteria of 365 Assistance Pty Ltd terms of reference or business terms.
GENERAL
The affiliate wishes to offer automotive roadside assistance services to its customers, providing access to 24 hour emergency roadside assistance supported and offered by 365 Assistance Pty Ltd.
The Affiliate is able to offer those suite of Assistance services as provided herein within the approved Affiliate page of 365 assistance.
The relationship of the Affiliate or Broker is one of an Agent and the relationship in terms of providing roadside assistance services is directly between the Customer (vehicle owner) and 365 Assistance Pty Ltd, in terms of the provisions of services supported.
Services will be transacted by way of Declaration of Affiliate eligible Customers to 365 via the 365 Affiliate purchase path, and referenced at www.365roadisdeassistance.com.au/affiliatelogin
Member benefits, terms and conditions are based on the offer directly published by the 365 website
(www.365roadsideassistance.com) and nominated Affiliate website(s), as specified within this Agreement.
365 provides both an IOS and Android Mobile App and can be downloaded via the relevant store or can be navigated to these locations via the 365 website.
Vehicles for the purposes of this Agreement are able to have Roadside Assistance up to the age of 15 years old and can be for general personal or commercial use (with the exception of taxis, Uber and hire vehicles, but only for vehicles under 3.5 tonnes). Vehicles that have been with Affiliate and 365 for 3 years or more up to the vehicle being 15 years old will be able to renew up to the vehicle being 20 years old.
Customers can call 1300 302 500 24 hours, 365 days per year to obtain various services supplied by 365.
_______________________________________________________________________________________________________________________________
WHEREFORE
In consideration of the premises and mutual covenants and Agreements contained herein, the parties hereto agree as follows:
ARTICLE 1: DEFINITIONS
1.1 “Accident” means a collision between the Customer’s Vehicle and another vehicle or object or an attempted break in or theft of the Vehicle.
1.2 “Authorised Person” means an individual or officer designated by Affiliate to be responsible for approving provision of Services by 365.
1.3 “Authorised Repairer” means a repairer other than a Preferred Repairer which has been authorised by Affiliate to perform temporary repairs to mobilise the Vehicle after a breakdown. 365 determine that on all occasions the Customers vehicle if towed, will be taken to a Preferred Repairer if possible and practical to do so. If not possible then an Authorised Repairer will be determined by 365.
1.4 “Breakdown” means a mechanical or electrical failure, which causes the Vehicle to be immobilised or renders it unsafe to drive, provided this is not occasioned by attempted theft or Accident related damage. A Breakdown may also mean a driver-related incident including, but not limited to, basic call outs such as a deflated tyre, locked or lost keys, insufficient fuel or flat battery.
1.5 “Case” means a call received by 365 from a Customer and the event has been entered into the 365-computer system.
1.6 “Contractor” means a company or contractor or subcontractor assigned by 365 to affect roadside assistance repairs, towing, transport and or recovery of a Vehicle.
1.7 “Customer” means the driver of a Vehicle registered under the Programme by Affiliate and authorised to drive the Vehicle by the owner and is duly licensed to drive the Vehicle under the relevant provisions, laws and regulations of Australia.
1.8 “Customer Records” means all records held by or in control of 365 relating to the provision of Services provided by 365 to Affiliate Customers, including Customer and Vehicle lists, Customer addresses and phone numbers, details of vehicle registrations and other information and records which are used for the provision of the Services.
1.9 "Declaration" or "Declare" means Affiliate Customers that are customers (either fleet or otherwise) through Affiliate & its brands and provided to 365 to support with roadside assistance as per the Agreement. This is an absolute list and includes New, Renewed and Lost (DNR Did not Renew).
1.10 "Fees" means in Australian Dollars (AUD) the amount per vehicle to be charged aligned to the Fee in clause 6.
1.11 “GST” refers to the Goods and Services Tax.
1.12 “Materials” means letters, notices, brochures, Customer cards and any other documents directed to a Customer regarding the Programme and associated Services; otherwise known as Customer Fulfillment material.
1.13 “Programme” means the roadside service programme as described by this Agreement and specifically in Article 3 of this agreement.
1.14 “Recovery” means the relocation of the Vehicle by a towing operator or vehicle transport company (road or rail) of the Vehicle back to a Preferred Repairer, Authorised Repairer, the owner’s home or intended destination as deemed appropriate by 365.
1.15 “Services” means those services as covered in the terms of product documents at www.365roadsideassistance.com.au and these terms and conditions are to be read in alignment to the products specifically that were purchased.
1.16 “Tow / Transport” means that the Vehicle will be towed or transported by the most appropriate equipment available to 365, dependent on the services available, the location of the Vehicle and the time that the Breakdown occurs.
1.17 “Vehicle” means any duly registered motor vehicle (excluding Vehicles greater than 3.5 Tonnes, Taxis, Rental or Hire Vehicles) being used by the Customer and covered under the Programme, and complying with the relevant provisions, laws and regulations for road worthiness and use.
1.18 “CPI” means the Australian Consumer Pricing Index annual change in the private sector, published by the Australian Bureau of Statistics.
1.19 The singular shall include the plural and vice versa and reference to any gender shall include all genders.
ARTICLE 2: SERVICES TO BE PROVIDED
Services and products chosen are based on the cover choice of the Affiliate for an on behalf of the Customer or when purchased directly by the Customer.
2.1 365 shall provide the Service, twenty four (24) hours, seven (7) days a week to Affiliate Customers in Australia. 365’s obligation to provide any of the Services shall be upon 365’s ability to confirm the Customer’s eligibility for these Services.
2.2 365 shall agree to supply, in good faith, the applicable Service in a timely manner taking into account the circumstances of each case. 2.3 365’s operations coordinators will be available by telephone on a toll-free or collect call basis, facsimile, mobile app (365 will advise when ready to offer to Affiliate Customers) or email at its assistance centre in English twenty-four (24) hours a day, seven (7) days a week in the provision of the Services for Customers in Australia.
2.4 When 365 have the information immediately available, it will provide the relevant Services to the Customer whilst the Customer is on the telephone. In all other cases, 365 will provide the information to the Customer by the quickest possible means.
2.5 365 will provide the appropriate Services according to the Customer Records and Programme as advised to 365 by Affiliate.
These Services will also be noted in the Member documents that are made available on the Website to the Customer.
ARTICLE 3: REQUEST FOR ASSISTANCE
3.1 In case of assistance, the Customer or his representative shall call the 365 Assistance centre on 1300 302 500 or use the mobile phone app and shall give the 365 Operations Coordinator:
a) The name of the Customer and the registration number of the Vehicle.
b) The name of the place and if possible the telephone number where 365 can reach the Customer or his representative.
c) A brief description of the emergency and of the nature of the help required.
d) Details specifically on the vehicle including type/Diesel or Petrol, Age etc. to allow the most seamless and fast delivery of service from the suppliers of 365.
3.2 The Customer is to wait by the Vehicle after contacting 365 as 365 cannot provide assistance services at the site of the Vehicle Breakdown if the Customer is not in attendance.
ARTICLE 4: DATA TRANSFER TO 365 AND PRODUCT INFORMATION
4.1 365 DATA REQUIREMENTS
a) Affiliate will provide 365 with the necessary Customer and Vehicle information via a ‘Declaration’ or entered directly within the Affiliate Page of the 365 website, to enable 365 to provide the Services requested by Affiliate. This information will be supplied to 365 on a daily basis or PRIOR to any service needing to be requested.
b) 365 will comply with the Privacy Act and regulations made thereunder in respect of such Customer and Vehicle information. In the event of a notifiable breach Affiliate will notify the OIAC and any affected individuals and all reasonable costs will be paid by 365.
c) Data will be transported via API End points and directly feed into the 365 system from the Affiliate system in real time. Alternatively, they may be provided as CSV files by Affiliate and manually uploaded into the 365 system prior to any API integration.
d) Data syncing between parties may change to different digital formats over the course of the term of the Agreement and this will be agreed in writing (email confirmation acceptable) at that time.
4.2 POLICY HANDBOOK
a) Affiliate Customers will receive a brochure electronically from Affiliate about 365 Roadside Assistance. A text will also be sent to them advising they now have Roadside Assistance, with the contact details of 365 which can be stored on their phone for ease of access and will include when ready, details on how to download the 365 Mobile App.
b) All communications (including brochures and customer written content) will be branded 365 Roadside Assistance unless agreed separately with the Affiliate, depending on broader commercial terms.
ARTICLE 5: EXCLUSIONS
5.1 GENERAL EXCLUSIONS
365 will only provide services to those Customers of Affiliate paid for under the program and where ambiguity occurs, the Customer is not on the Declaration or is no longer a registered member of the program of Affiliate’s – all case costs will be the responsibility of the lapsed Customer. 365 will at all times provide services however as we are conscious of providing a premium and supportive service if data or the client is not part of the program, exposing 365. Both parties will come together to discuss and determine the cause of action with you post case assistance.
365 shall not be held responsible for and is not required to provide any Services where any of the following occur:
a) Where the Vehicle has undergone unauthorised modifications (including without limitation any replacements, removals or additions) not in conformity to the manufacturer’s specifications or the Vehicle has been modified for racing, trials, or rallying or any Accident or any claim for Service has arisen in respect of such races, trails, rallies or participation in such activities.
b) Where the Vehicle is carrying more passengers or towing a greater weight than that for which it was designed as stated in the manufacturers specifications or arising from or connection with the improper, unauthorised, reckless or negligent operation of the Vehicle or misuse of the Vehicle.
c) Loss or damage directly or indirectly occasioned by or happening or in consequence of war, invasion, act of God, act of foreign enemies, hostilities whether war be declared or not, civil war, rebellion, insurrection, terrorism, military and usurped power, riot, or civil commotion or sabotage or any other events (whether falling into the same genus, species, class or category as the foregoing or not) beyond the control of the Customer or the person operating or having control of the Vehicle at the time of the Accident.
d) Provision of Services outside Australia or not on a designated Road.
e) Any person drives the Vehicle who does not hold a valid licence issued by a competent authority.
f) Mechanical Breakdown due to driver related damage or misuse of the Vehicle other than the four basics as defined in 365's Terms and Conditions. In such cases, assistance will still be provided however the Customer will be responsible for all costs. Further if the customer fails to execute maintenance or replace batteries when required and incurs frequent cases occur as a result - 365 will provide service however at the customers cost for the case call out fee and any parts.
g) The Vehicle is in an un-roadworthy condition or the Vehicle has not been regularly serviced in accordance with the manufacturer's instructions.
h) 365 shall not be held responsible for any damage to or theft of objects and accessories, which are left in or outside the Vehicle.
i) 365 shall not be responsible for any costs in respect of any Breakdowns resulting from or connected with the Vehicle manufacturer's recall.
j) 365 will not be responsible for the cost of any Breakdowns resulting from unauthorised repairs or from faulty workmanship.
k) 365 will not be responsible for the cost of any Breakdowns caused by the fitting of accessories to the Vehicle which are not genuine or are not from the original manufacturer or which are not approved by the manufacturer.
l) In the event that a Preferred Repairer has not rectified an ongoing fault, has carried out a faulty repair, service or has fitted a non genuine accessory which has caused the Vehicle Breakdown, 365 will provide roadside assistance, however all associated costs will be recharged back to the Preferred Repairer.
m) 365 can provide assistance to Vehicles not accessible by a two-wheel drive recovery vehicles however in such cases the Customer will be responsible for the cost.
ARTICLE 6: FEES AND REMUNERATION
6.1 Payment is made immediately upon commencement of the Membership within the 365 Affiliate website. The prices are noted therein and may be subject to change.
6.2 The Affiliate specific commercial terms will be covered directly with the Broker/Affiliate and confirmed via email in writing, however all Customer pricing is as per the Affiliate website.
a) Note 14 day full reimbursement terms are in place however if the Customer utilises the Services of 365 in any capacity then
reimbursement is not possible and the customer is deemed to have paid the full 12 month term of Membership.
6.3 The fees in the table are for 12 months cover and 365 will apply no minimum annual commitment to achieve this pricing.
ARTICLE 7: GEOGRAPHICAL SCOPE OF SERVICE
7.1 The Services provided by 365 under this Agreement shall be available on mainland Australia only including Tasmania, with Territories such as Christmas and Cocos (Keeling) Islands, Norfolk Island and Lord Howe Island are NOTED as EXCLUSIONS.
ARTICLE 8: FORCE MAJEURE
8.1 In the event of flood, earthquake, fire, hurricane, industrial disturbance, strike, fire, war or civil strife, Acts of God or any other law, order, decree, rule or regulations of any governmental or quasi governmental authority or for any reason, whether falling into the same genus, species, class or category as the foregoing or not, beyond the control of the parties which, in the opinion of either of the parties makes the strict performance of this Agreement undesirable or impossible, the parties shall consult with a view to its modification or other alteration.
ARTICLE 9: ADVERTISING, MARKETING AND BUSINESS DEVELOPMENT
9.1 Affiliate may name 365 as the service provider subject to the prior written approval of 365. Such approval is not to be unreasonably withheld.
9.2 365 may name Affiliate as the client subject to the prior written approval of Affiliate. Such approval is not to be unreasonably withheld.
9.3 Affiliate may advertise and promote the program and/or relationship with 365, as it deems appropriate and shall be solely responsible for all advertising materials subject to 365's approval of the description of the Services or Agreement. Such approval is not to be unreasonably withheld.
9.4 365 may advertise and promote the relationship with Affiliate, as it deems appropriate and shall be solely responsible for all advertising materials subject to Affiliate approval of the description of the Services or Agreement. Such approval is not to be unreasonably withheld.
ARTICLE 10: REPRESENTATION, WARRANTIES AND INDEMNITIES
10.1 Affiliate warrants it has all the necessary power and legal rights to offer the Services to the Customers in accordance with this Agreement and that Affiliate’s obligations under this Agreement and this Agreement does not conflict with any other contract.
10.2 365 warrants it has all the necessary power and legal rights to provide the Services to the Customers in accordance with this Agreement and that 365’s obligations under this Agreement do not conflict with this obligation under any other contract.
10.3 365 warrants that it will comply with applicable laws such as Australian consumer law.
10.4 Improvement processes, programs, methods, names of agents and business networks, information concerning Auto Service Providers and other Service Providers, compilations used or employed in connection with this program are trade secrets and/or confidential and proprietary information of Affiliate and 365, respectively. For the avoidance of doubt, Affiliate will own all customers and customer data.
10.5 No duplication of any of the foregoing information shall be made and kept by the recipient of that information. Upon termination or expiry of this Agreement, both parties shall release to the other all data / information received from that other party within thirty days from the termination or expiry of this Agreement.
ARTICLE 11: GOVERNING LAW
11.1 This Agreement is governed by, and shall be construed in accordance with, the state laws of New South Wales. ANY Notices are to be forwarded to in the case of Notice to 365:
COMMERCIAL DEPARTMENT - BROKER & AGENCY 365 Assistance PTY LTD
Level 11, 66 Clarence Street,
Sydney, New South Wales 2000
Email: support@365roadsideassistance.com.au
