JAX Inspect - Terms & Conditions

JAX Inspect - Terms & Conditions

1. JAX Inspect is a complimentary visual inspection of an eligible vehicle (‘Visual Inspection’). It is available with a customer’s (‘Participant’) purchase from participating JAX Tyres & Auto franchisee stores (‘Participating Store/s’). A list of Participating Stores is available at www.jaxtyres.com.au.
2. The JAX Inspect service is supplied by the Participating Store identified on the Participant's invoice or inspection report. JAX Quickfit Franchising Systems Pty Limited ACN 112 050 058 (‘JQFS’) administers the JAX Inspect program.
3. These Terms apply to the Visual Inspection and the resulting report, which is formatted digitally and sent to the Participant (‘Digital Inspection Report’). By requesting or receiving the Visual Inspection, the Participant accepts these Terms.
4. Availability may vary between Participating Stores. JQFS or a Participating Store may vary, suspend or withdraw the service where reasonably necessary, including for operational, safety or technical reasons. This will not affect any rights that have already accrued under the Australian Consumer Law.

General

1. An eligible vehicle is a passenger car, SUV, 4WD or van that the Participating Store is reasonably able and equipped to inspect. Trucks and other heavy vehicles are excluded.
2. The Visual Inspection is limited to a visual, non-invasive inspection of the reasonably accessible parts of the vehicle's alternator, battery, belts, brakes, driveline, engine, lights, suspension, underbody components and wipers at the time of inspection. Unless the Digital Inspection Report expressly states otherwise, the Visual Inspection does not include dismantling components, diagnostic testing, measuring internal wear or a road test.
3. The Digital Inspection Report records conditions observed during the Visual Inspection. It is not a comprehensive mechanical inspection, a roadworthiness or safety certificate, or a guarantee that the vehicle is free from defects or will remain in its observed condition. Some defects may be intermittent, concealed or not reasonably detectable during the Visual Inspection.
4. The Participant must provide accurate vehicle and contact details and tell the Participating Store about any known fault, warning light, unusual noise, recent incident or specific concern that may be relevant to the Visual Inspection.
5. The Participant should promptly consider and act on any safety warning or recommendation in the Digital Inspection Report. The Digital Inspection Report does not authorise repairs. Any further inspection, diagnosis or repair must be separately agreed with the Participating Store, including any applicable price.
6. If the Visual Inspection cannot reasonably be completed during the Participant's booking, the Participating Store may arrange another time or agree an alternative with the Participant.
7. Working papers, photographs and other records created by a Participating Store in conducting the Visual Inspection remain the property of that Participating Store. This does not limit the Participant's rights in relation to their personal information or their right to retain the Digital Inspection Report supplied to them.
8. The Digital Inspection Report may be sent as a link to the mobile phone number or other contact details selected by the Participant. The Participant is responsible for checking that those details are correct.
9. If the Digital Inspection Report is unavailable because of a technical failure or other operational issue, the Participating Store may provide the results in another format, including by notation on the tax invoice or in a physical inspection report.
10. The Digital Inspection Report is for the Participant's information about the vehicle at the time of the Visual Inspection. It is not a substitute for any inspection, certificate, service or maintenance required by law, a manufacturer, an insurer or a relevant authority.
11. The JAX Inspect service is not transferable or redeemable for cash.

Consumer rights and liability

1. The goods and services supplied in connection with JAX Inspect come with guarantees, rights and remedies under the Australian Consumer Law and other laws that cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies those guarantees, rights or remedies.
2. Subject to clause 16 and to the maximum extent permitted by law, JQFS and each Participating Store are not liable for loss or damage to the extent it is caused by a defect or condition that was not reasonably detectable during the Visual Inspection, a change in the vehicle after the Visual Inspection, inaccurate or incomplete information supplied by the Participant, or the Participant's failure to act reasonably on a safety warning or recommendation.
3. JQFS and a Participating Store are not responsible for delay, interruption or failure of the digital reporting service caused by circumstances beyond their reasonable control. Where reasonably practicable, an alternative report format will be offered.

Governing law

1. These Terms are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. This clause does not prevent a Participant from relying on any mandatory law or bringing a claim in any forum available under applicable law.

Privacy

1. JQFS and the Participating Store may collect the Participant's contact details, vehicle information, inspection results and photographs or other records created during the Visual Inspection. This information may be used to provide and administer JAX Inspect, communicate with the Participant, maintain business and service records, address enquiries or complaints, and comply with legal obligations. It may be disclosed to related entities, franchisees, technology and other service providers, professional advisers, regulators and other parties where permitted or required by law. If the requested contact details are not provided, the Digital Inspection Report may not be able to be delivered.
2. JQFS handles personal information in accordance with its Privacy Policy at https://www.jaxtyres.com.au/legal/privacy-policy. The Privacy Policy explains how personal information is handled, how to request access or correction, how to make a privacy complaint and when information may be disclosed overseas. A Participating Store may also have its own privacy obligations and policy. Direct marketing will only occur with consent or as otherwise permitted by law.