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SUPERB SCRATCH N' DENT MEMBERSHIP TERMS AND CONDITIONS

 

Thank you for choosing a Superb Scratch N' Dent membership to help protect your new vehicle!

 

 

This membership is issued by Superb Car Care Club Pty Ltd (ACN 614 246 721) trading as Superb Scratch and Dent (Superb). Superb is a registered company under the Corporations Act 2001 (Cth) and that provides cost efficient cosmetic repairs to maintain the aesthetic appearance of your vehicle!

 

1.           About the Terms & Conditions

 

 

1.1         General

(a)           These Terms & Conditions (Terms) are designed to help you decide whether a Superb Membership is the right product for you! These Terms provide you with an easy to read explanation of the Superb Membership types and benefits, the procedure for requesting and performing cosmetic repairs and set out your legal rights and obligations throughout your Superb Membership.

 

(b)           W hen you become a member of the Superb Membership, these Terms will govern your relationship with Superb and the affiliates of Superb for the duration of  your Superb Membership. By becoming a member of the Superb Membership, you confirm that you have read and understood these Terms and agree to be bound by them.

 

(c)           You should carefully read these Terms to decide whether a Superb Membership is right for you. Any advice provided in these Terms is general only and does not take your individual circumstances into account.

 

1.2         Authorised Representatives of Superb and Own Enquiries regarding Membership

(a)           If you did not purchase your Superb Membership directly through Superb and you have purchased through another person or entity instead, those persons or entities are an Authorised Representative of Superb.

 

(b)           The Authorised Representative is authorised by Superb to sell the Superb products and services. However, the Authorised Representative is not authorised to provide you with advice about whether the Superb Membership is right for you or your particular needs.

 

(c)            Superb and our Authorised Representatives do not provide any advice to you about whether a Superb Membership is right for you or your particular needs.  You must make your own enquiries and decision regarding suitability of a Superb Membership.

 

2.           Membership

 

 

2.1         Nature of membership

(a)          The Superb Membership is not an insurance product or insurance policy whatsoever and must not be considered or used as an insurance product or insurance policy. The Superb Membership is not a financial product or financial advice and must not be considered or used as a financial product or financial advice. Superb urges you to obtain your own insurances and financial advice.

 

(b)          The Superb Membership is not intended to be a substitute or equivalent for your normal motor vehicle insurance policy.


(c)          The Superb Membership it is not suitable for the purposes of managing all or any financial risk associated with damage to your Nominated Vehicle, any of your property, any vehicle owned by a third party or any property of a third party.

 

(d)               You acknowledge and agree that  Superb and all Superb employees, Authorised Representatives, agents and contractors, have not provided you with financial advice or a financial product and have in no way represented to you that the Superb Membership is an insurance product.

 

2.2         Superb's obligations

You acknowledge and agree that Superb's obligations to you under these Terms are limited to delivering the Superb Membership to you and Superb is not obligated, by virtue of the Superb Membership, to indemnify you or any person for any loss, damages, costs or expenses that you incur in relation to your Nominated Vehicle or any other person incurs to their property.

 

2.3         Membership Benefits

Your Superb Membership entitles you to the following benefits, subject to these Terms:

 

(a)         Fixed cost cosmetic repairs (being Permitted Repairs only) for your Nominated Vehicle. (b)         Access to qualified industry professional repair Technicians.

(c)          Door to door repair service in the Service Area or repairs at the Repair Centre (at our sole discretion).

 

Your Superb Membership will cover your Nominated Vehicle for Permitted Repairs only and in accordance with these Term.

 

2.4         Vehicles not eligible for Membership

If your Nominated Vehicle is an Excluded Vehicle, that Nominated Vehicle is not eligible for the

Superb Membership.

 

2.5         Membership Types

Superb offer two types of Superb Memberships!

 

Membership Type

Membership Criteria

Dealership Membership

     For new and second hand Passenger Vehicles that are less than seven (7) years old from the date of first registration.

Purchased from an Authorised Representative. Subject to Pre-Qualification Inspection.

Superb Direct Membership

For new Passenger Vehicles.

For second hand Passenger Vehicles that are less than six (6) months old from the date of first registration.

Purchased from Superb Direct.

Subject to Pre-Qualification Inspection.

 

Your Membership Type will be determined by Superb depending on your Nominated Vehicle and whether it meets the Membership Criteria. The Membership Type for your Nominated Vehicle will be noted in the Membership Schedule.

 

2.6         Fees


(a)          W hen you apply for a Superb Membership, Superb will tell you the Fee applicable to your Membership Type.  Your Fee is payable either as part of the purchase of your vehicle or payable when purchasing online and in accordance with Payment Terms

 

(b)          All or any payments by you to Superb of any amounts under these Terms (including, but not limited to, the Fee, the Repair Fee and the Membership Transfer Fee) via credit card will incur an additional fee, being the Credit Card Fee.

 

 

2.7         Commencement

Your Superb Membership will begin on the Commencement Date set out in the Membership

Schedule, provided you have paid the Fee in accordance with the Payment Terms.

 

2.8         Initial Payment Period

 

 

(a)          For the purposes of this clause 2.8, "Initial Payment Period" means from the day that is the Commencement Date of your Superb Membership until the date that you have paid the full Fee to Superb for your Superb Membership (if applicable).

 

(b)           During the Initial Payment Period you are entitled to submit two (2) Repair Request's to Superb for the Nominated Vehicle. For the avoidance of doubt, the maximum number of Repair Requests you can make during the Initial Payment Period is two (2).

 

 

 

2.9         Cooling-Off Period

(a)               You may cancel your  Superb Membership within twenty-one (21) days from  the Commencement Date if you are not satisfied. This twenty-one (21) day period is called the "Cooling-Off Period".

 

(b)          If you cancel your Superb Membership in writing during the Cooling-Off Period, Superb will refund you any Fees you have paid. After the expiry of the Cooling-Off Period, you will not be able to cancel your Superb Membership and any Fees paid by you will not be refunded.

 

2.10       Pre-Qualification Inspection

In some cases, acceptance of your Superb Membership application will be conditional upon a prior inspection of your Nominated Vehicle so that Superb can determine if your Nominated Vehicle qualifies for the Superb Membership. This is called the "Pre-Qualification Inspection" and whether your Nominated Vehicle requires a Pre-Qualification Inspection will be advised by Superb to you.

 

 

2.11       Membership Qualification

(a)         The decision of  Superb as to  whether your Nominated Vehicle qualifies for  Superb

Membership is absolute and final.

 

 

(b)          If your Nominated Vehicle does not qualify for the Superb Membership, Superb will refund you any Fees you have paid.

 

2.12       Termination

(a)           Your Superb Membership will end on the Termination Date set out in the Membership Schedule, unless your Superb Membership is cancelled earlier in accordance with these Terms or is renewed for a further period in accordance with clauses 2.13 or 2.14.

 

(b)         Superb reserves the right to cancel your Superb Membership at any time during its

Duration for all or any of the following reasons:


(i)         If you owe any Fees, Repair Fees or any other money to Superb and that money has been outstanding for more than fourteen (14) days.

 

(ii)        If you have provided Superb with incorrect information about your Nominated

Vehicle.

 

(iii)       If, in Superb's sole and absolute discretion, you have acted in a way that is abusive or threatening to any Superb employee, Authorised Representative or Technician.

 

(iv)       If, in Superb's sole and absolute discretion, Superb believes that you have acted in such a way that Superb considers it is no longer appropriate for you to continue to be a member of Superb Membership.

 

(c)          If Superb cancels your Superb Membership under clause 2.12(b), Superb will provide you with written notice of your Superb Membership cancellation, and your Superb Membership will be terminated immediately, with effect on and from the date of the written notice from Superb.

 

(d)         If your Superb Membership is cancelled in accordance with these Terms prior to your

Termination Date, the Fee paid by you to Superb is not refundable.

 

2.13       Membership Renewal

(a)          Renewal of your Superb Membership is not automatic and it is your responsibility to ensure that your Superb Membership is renewed before the Termination Date.

 

(b)          Superb may (but is not obligated to) contact you prior to the Termination Date to remind you to renew your Superb Membership for your Nominated Vehicle.

 

(c)          If you wish to renew your Superb Membership ("Current Membership") for a further term, you must advise Superb in writing and pay the fee applicable for the new membership (as advised by Superb to you) prior to the Termination Date for your Current Membership.

 

2.14       Membership Reinstatement

If your Current Membership has expired and you have not renewed for a further term, you may still apply  to  Superb  to  reinstate  your  Superb  Membership for  your  Nominated Vehicle.  A  Pre- Qualification Inspection of your Nominated Vehicle may be required before Superb will consider whether or not your Superb Membership can be reinstated or renewed. Superb is not obliged to renew your Superb Membership or accept your Nominated Vehicle for a further term if you have not renewed your Superb Membership prior to the Termination Date.

 

2.15       Maximum Renewal

(a)          You may only renew your Superb Membership for a further term that would total no more than a term of 5 years from the Commencement Date of your Superb Membership. For the avoidance of doubt, and if, for example, the Duration of your Superb Membership is 3 years, the maximum term you can renew your Superb Membership for is for a further 2 years following the end of the Duration.

(b)           Any such membership renewal of your Superb Membership may require a further Pre- Qualification Inspection of your Nominated Vehicle.    Superb will inform you if Superb require a further Pre-Qualification Inspection of your Nominated Vehicle in order to renew your Superb Membership.

 

(c)          The Cooling-Off Period does not apply to a renewed membership.

 

2.16       Membership Transfer


(a)          Your Superb Membership is specific to your Nominated Vehicle and personal to you as the registered owner of the Nominated Vehicle.

 

(b)            If you wish to change your Nominated Vehicle during the Duration, you may apply to Superb to  transfer your  Superb Membership to  the new vehicle. A Pre-Qualification Inspection of your new vehicle is required so that Superb can determine if your new vehicle qualifies for the Superb Membership. You will be responsible for payment of the Membership Transfer Fee if your membership transfer for your new vehicle is accepted by Superb.

 

(c)            If you sell or transfer your Nominated Vehicle to another person or entity during the Duration, your Superb membership will automatically end on the date that you are no longer the registered owner of the Nominated Vehicle.

 

(d)         The Superb Membership is not automatically transferable from you to another owner of the

Nominated Vehicle.

 

 

(e)          You may apply to Superb to transfer your remaining Superb Membership Duration to the new owner of the Nominated Vehicle. The new owner must complete an application for the Superb  Membership. If  the  new  owner  is  accepted  by  Superb,  the  new  owner  is responsible for payment of the Membership Transfer Fee.

 

3.           Vehicle Repairs

 

 

3.1         Repairs Generally

(a)           This clause 3 sets out the procedure for providing the repair service and the terms and conditions that apply each time you request Superb to repair your Nominated Vehicle during your Superb Membership.

 

(b)           Superb is only obliged to perform repairs to your Nominated Vehicle that are Permitted Repairs as set out in the Repair Information Table. The Repair Information Table sets out included and excluded repairs.

 

(c)           The decision of Superb under these Terms as to whether the Repair W ork required for your Nominated Vehicle (as set out in a Repair Request) is a Permitted Repair, is absolute and final.

 

3.2         Requesting Repairs

(a)          It is easy to request a repair from Superb! You simply take a photo of the damaged area of your Nominated Vehicle and submit it to Superb for assessment.

 

(b)          You can submit your Repair Request by any of the following methods: (i)         Through the online/mobile application Repair Request System. (ii)        By calling the Repair Request Helpline on 1300 008 188.

(c)           You are only eligible to submit a Repair Request for your Nominated Vehicle. You must complete the Repair Request accurately and in full.

 

(d)         You may not request repairs during the Cooling-Off Period.

 

(e)          Superb will endeavour to process your Repair Request within fourteen (14) days after you submit it.


3.3         Repair Limits

(a)         Except as set out at clause 2.8, there is no limit on the number of times you may submit a

Repair Request throughout your Superb Membership.

 

 

(b)         Each repair must comply with the Repair Information Table and the Repair Information

Table.

 

 

 

3.4         Assessment of the Repairs and Repair Fees

(a)          Your Repair Request will be passed on to the Technician who will assess the damage to your Nominated Vehicle to determine whether or not the Repair W ork required is a Permitted Repair and if so, if it is covered by your Superb Membership.

 

(b)          If the damage to your Nominated Vehicle is a Permitted Repair, Superb will provide you a Repair Quote setting out the applicable Repair Fee. The Repair Quote will also contain details of the Repair W ork Repair W ork to be carried out by Superb. Unless withdrawn by Superb, the Repair Quote will be valid for thirty (30) day from the date of issue.

 

(c)          You must pay the Repair Fee to us by way of credit card, debit card or electronic transfer of funds (EFT) prior to our Technician commencing the assessment of your Nominated Vehicle.

 

(d)         If the damage to your Nominated Vehicle is not a Permitted Repair as set out in the Repair

Information Table, you may either:

 

 

(i)          Request a refund of the Repair Fee paid, in which case, the Repair Fee will be refunded to you within 48 hours of your request; or

 

(ii)        Accept that the damage is not covered by the Repair Information Table, but request that Superb quote the Repair W ork required and carry out the Repair W ork at your cost.

 

(e)           In some cases, Superb may (but is not obliged to) provide you with a Repair Quote for repairs that are not Permitted Repairs

 

(f)           The determination of the Technician as to whether the damage to your Nominated Vehicle is a Permitted Repair and whether to provide you with a quote to perform the Repair W ork is final and absolute. The Technician is not obliged to provide you with a Repair Quote to perform Repair W ork where the Technician is of the opinion that the damage to your Nominated Vehicle is structural damage and that is not a Permitted Repair.

 

(g)          In any event, Superb will only perform Repair W ork the subject of the Repair Request once you have accepted the Repair Quote. You may accept the Repair Quote by either signing the Repair Quote or returning it to Superb, or by verbally accepting the Repair Quote. By accepting the Repair Quote, you agree to pay the Repair Fee to Superb.

 

3.5         Performing the Repairs

(a)          Upon acceptance of the Repair Quote, Superb will arrange a mutually convenient time and location with you to perform the Repair W ork, provided that the Repair W ork is performed within the Service Area and Service Times.

 

(b)          You must provide our Technician with a Suitable Repair Area located on private property within the Service Area that you are expressly authorised to use for the Technician to perform the Repair W ork to your Nominated Vehicle. For the avoidance of doubt, Superb


will not perform Repair Work on your Nominated Vehicle if your Nominated Vehicle is located on a public road.

 

(c)          If you are located outside of the Service Area or if the Repair W ork cannot be performed by our Technician for any other reason, you agree to deliver your Nominated Vehicle to a Repair Centre as advised by Superb.

 

(d)          Superb will endeavour to perform your Repair W ork within thirty (30) days after you have accepted the Repair Quote.

 

(e)         Despite your acceptance of the Repair Quote, Superb may refuse to perform your Repair

Work if:

 

 

(i)         You do not provide our Technician with a Suitable Repair Area; and/or

 

(ii)        Your Nominated Vehicle is unattended when our Technician arrives.

 

3.6         Specific Repairs Excluded

(a)          In addition to the repairs listed in the "Excluded" column in the Repair Information Table, being repairs that are not Permitted Repairs, the following types of damage and repairs to your Nominated Vehicle are specifically excluded and are not included in the Superb Membership:

 

(i)         Structural damage to bodywork;

 

 

(ii)        Damage to mouldings that are not colour coded;

 

(iii)       Damage to chrome, metal effect or textured mouldings; (iv)       Damage to body wraps, stickers or decals;

(v)        Damage to any area that is matte, special effect or illusion coloured paintwork ;

 

(vi)       Damage to replacement parts that are not genuine parts from the manufacturer of the Nominated Vehicle;

 

(vii)      Reapplications of any paint protection system on the Nominated Vehicle; (viii)     Rust damage;

(ix)       Hail damage;

 

(x)       Repairs exceeding the size limitations.

 

 

4.           Warranties & Indemnities

 

 

4.1         Superb Warranties

(a)            Superb warrants to provide you with quality workmanship when performing the Repair Work, and will perform the Repair W ork to your Nominated Vehicle with due care and skill. Where damage to your Nominated Vehicle is a direct result of the faulty workmanship of Superb, Superb will remedy any faulty or defective Repair W ork. Superb is not obliged to repair any damage which is a result of the faulty workmanship of any third party.


(b)              To the extent permitted by the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("Consumer Law"), Superb will only be liable to you in relation to performing the Repair W ork to your Nominated Vehicle to the extent expressly provided in these Terms, and Superb expressly exclude any other liability for any form of loss or damage incurred by you or any other party resulting directly or indirectly out of your Superb Membership.

 

(c)           Subject to any statutory provisions to the contrary and, if after completion of any Repair Work under these Terms by Superb, you consider that the Repair W ork is defective in any way, as a result of an act or omission by Superb or Superb's negligence, you must give Superb written notice together will a description as to why the Repair W ork is defective, within 7 days of completion of the Repair W ork.

 

(d)         Upon receipt of a notice in accordance with clause 4.1(c), subject to Superb being satisfied (acting reasonably) that the Repair W ork is defective as a result of an act or omission by Superb or Superb's negligence, Superb may in our absolute discretion elect to either:

 

(i)         re-supply the defective Repair W ork; or

 

 

(ii)        provide you with a refund in respect of the defective Repair W ork.

 

(e)           Superb's maximum liability to you for any loss or damage incurred by you or any other party resulting directly or indirectly out of your Superb Membership is limited to the amount you have paid to Superb in accordance with these Terms.

 

4.2         Mandatory wording - Australian Consumer Law

(a)         Superb's services come with guarantees that cannot be excluded under Consumer Law. (b)         For major failures with Superb's services (if any), you are entitled:

(i)         to cancel your service contract with Superb; and

 

(ii)        to a refund for the unused portion, or to compensation for its reduced value.

 

(c)            You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

 

(d)          If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 

4.3         Your Warranties & Indemnities

(a)            You warrant to Superb to provide the Technician with a safe work environment and to safely remove any items that may restrict access to the Suitable Repair Area. You agree to indemnify Superb against any claim, loss or damages arising from your failure to provide a safe work environment.

 

(b)              You acknowledge and agree that Superb is not liable to repair any damage to the Nominated Vehicle, or subsequent damage to any Repair W ork performed by Superb, where such damage has occurred as a result of wear and tear from normal use, further damage sustained to the repaired area or from exposure to the elements.

 

(c)            You acknowledge and agree that the Repair W ork performed by Superb is repair of a cosmetic nature, and Superb makes no warranty or promise to provide Repair Work that is  of a  standard equivalent to the original manufacturer or factory supplied quality.


Specifically, you acknowledge that repairs for stone chips and deep scrapes may still be slightly visible on your paint finish.

 

(d)          Superb will use its best endeavours to have your Nominated Vehicle looking new again, but Superb do not guarantee an exact colour match, as the paint on your Nominated Vehicle may have faded over time!

 

5.           Privacy Policy

 

 

5.1         Privacy Policy

(a)             Your privacy is very important to us! W e have designed our Privacy Policy to make important disclosures about how we collect, use and share your personal information. The Superb Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use and sharing of your information in accordance with these Terms. You can also access our Privacy Policy on our website at m ysuperb.com.au or by requesting a copy from us by emailing privacy@superrrb.com.au.

 

(b)         W e collect the following types of information directly provided by you:

 

 

(i)         Your name and contact details (including your address, telephone number, postal address, email and other contact details) when you communicate with us, including when you register for a Superb Membership or when you book Repair W ork with us.

 

(ii)        The registration details for your Nominated Vehicle.

 

 

(c)         W e may also collect your personal information from third parties, such as from our

Authorised Representatives or related entities.

 

 

(d)         If you provide us with the personal information of another person, such as a family member or business partner, you warrant that you have done so with their consent and agree to make them aware of the contents of our Privacy Policy.

 

(e)         If you choose not to provide your personal information to us, we may not be able to answer your enquiry or provide our membership or repair service to you.

 

(f)          W e use the information we receive from you:

 

 

(i)        To provide our membership services to you and to obtain payment for them.

 

(ii)        To improve, test and monitor the effectiveness of our membership services, and to develop new products, services and features.

 

(iii)        For marketing purposes, which may include presenting you with offers relating to new products and services. However, you may opt out of receiving marketing or promotional information at any time by emailing us at privacy@superrrb.com.au.

 

(g)             You may update or correct your personal information held by Superb at any time by emailing us at privacy@superrrb.com.au.

 

(h)         Superb will not sell your personal information to third parties without your consent.

However, we may share your personal information with our Authorised Representatives and entities that are legally a part of Superb or that become part of Superb.


(i)           Superb may change or update this Privacy Policy from time to time and we will notify you if this happens by posting the updated Privacy Policy on our website at [insert address]. It is your responsibility to check our website from tim e to time to determine whether we have changed or updated this Privacy Policy.

 

6.           Disputes

 

 

6.1         Disputes

(a)          W e welcome every opportunity to resolve any concerns or complaints that you may have with your Superb Membership or the service provided by Superb, our Authorised Representatives or our Technicians.

 

(b)         In the first instance, we encourage you to contact one of our customer service officers on

02 9897 0077 to discuss your concerns, so that any issues can be identified and we can have the opportunity to resolve your concern.

 

6.2         Alternative Dispute Resolution Methods

(a)          If we are unable to resolve the dispute with you in the first instance, you agree to attempt to resolve any dispute in connection with these Terms by Alternative Dispute Resolution methods. You and Superb will be equally responsible for payment of any and all fees, including filing, administrative and arbitrator or mediator fees, associated with the relevant Alternative Dispute Resolution method.

 

7.           Miscellaneous

 

 

7.1         Headings and Index

The Headings and Index are used to make these Terms easier to read and understand, and must be ignored in the interpretation of these Terms.

 

7.2         Joint & Several

An agreement, warranty, representation or obligation which binds or benefits two or more persons under these Terms binds or benefits those persons jointly and separately.

 

7.3         Successors and Assigns

A person includes the trustee, executor, administrator of that person. This clause must not be construed as permitting you to assign any right or obligation under these Terms to any other person.

 

7.4         Changes to Terms

(a)         Superb may change or modify these Terms at any time. If we make changes to these

Terms, we will provide notice of such changes by sending a notification to you.

 

(b)          Any changes to these Terms are deemed to take effect after seven (7) days after the date of notification by Superb to you (subject to clause 7.4(d)).

 

(c)          By submitting a Repair Request after the changes become effective, you agree to be bound by the revised Terms.

 

(d)          If you disagree with any change or modification to these Terms notified to you, you may cancel your Superb Membership provided you give us written notice of your cancellation within 30 days of our notification to you or posting of the change or modification.  The cancellation of your Superb Membership would take effect within 5 days of us receiving your written notice of cancellation. Should you wish to discuss the possibility of a pro rata refund of the unused Fees (if any) please contact us on [insert email or phone number].

 

7.5         Whole Agreement


These Terms contain the whole agreement between you and Superb relating to the transactions contemplated by these Terms and supersede all previous agreements between you and Superb relating to these transactions.

 

7.6         Severability

Any provision of these Terms which is invalid or unenforceable in any jurisdiction will, as to that jurisdiction only, be read down or severed to the extent of that invalidity or unenforceability. The remaining provisions of these Terms which are self-sustaining and capable of separate enforcement without regard to the read down, or severed provision in that jurisdiction, are and will continue to be valid and enforceable in accordance with their terms.

 

7.7         No Reliance on Other Matters

You acknowledge that in agreeing to enter into a membership with Superb that you have not relied on any representation, warranty or other assurance except for those set out in these Terms.

 

7.8         Governing Law and Jurisdiction

(a)         These Terms are governed by and must be construed in accordance with the laws of New

South W ales.

 

 

(b)          You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South W ales and all courts which have jurisdiction to hear appeals from those courts, and you waive any right to object to proceedings being brought in those courts for any reason.

 

8.           Definitions and Interpretation

 

 

8.1         Definitions

In these Terms, unless a contrary intention appears, the following words have the following meanings:

 

Alternative Dispute Resolution means the use of dispute resolution processes in the following order:

 

(a)         Discussion between us and you; (b)         mediation;

(c)          arbitration to resolve a dispute;

 

all prior to any resort or recourse to litigation.

 

Authorised Representative means persons or entities approved by Superb who are authorised to provide a membership to you.

 

Commencement Date means the membership commencement date set out in the Membership

Schedule

 

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

 

 

Credit Card Fee means the fee payable by you for any payments by you to Superb under these

Terms that are made via credit card, and as advised by Superb to you.

 

Duration means the membership term set out in the Membership Schedule and being the duration of your Superb Membership starting on the Commencement Date and ending on the Termination Date, or earlier if your Superb Membership is cancelled in accordance with these Terms.

 

Excluded Vehicle means all or any of the following:


(a) a vehicle that is used in any way, shape or form, for all or any of the following uses:

 

(i)   as a taxi, Uber, rental, hire car or any other use relating to the carriage of passengers for a fee or some type of reward (whether monetary or not);

 

(ii)  as a courier or to transport tools of trade or other tools for commercial work ;

 

(iii) in any public service capacity, including (but not limited to) as military vehicle, police vehicle or as an ambulance;

 

(iv) as a vehicle for driving instruction purposes;

 

(v)  in relation to any type of competition such as a rally, race, any type of track day, speed testing, pace making or reliability trials; or

 

(vi) off road;

 

(b)  a motorcycle, scooter, quadbike, tricycle, moped, sidecar, trailer, boat, kit car, bus, coach, motorhome, stretch limousine, caravan or truck;

 

(c)  any vehicle with a gross vehicle mass exceeding 3,500 kg; (d) any vehicle with self-healing paint.

Fee means the membership fee payable by you to Superb for your Superb Membership set out in the Membership Schedule which is payable in accordance with the Payment Terms.

 

Membership Details means  your name, phone number, email and address set  out  in  the

Membership Schedule.

 

Membership Schedule means the membership schedule setting out the details of your Superb Membership as provided by Superb to you and that can be accessed via the Superb online portal for your Superb Membership.

 

Membership Transfer Fee means $0.00 or any other higher amount as advised by Superb.

 

Membership Type means the Superb Membership type you hold, as specified in the Membership

Schedule.

 

 

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

 

Passenger Vehicle(s) means any vehicle with a gross vehicle mass not exceeding 3,500 kg.

 

 

Payment Terms means the terms for payment of the Fee by you as advised by Superb to you, and being any of the following (at Superb's sole discretion):

 

(a) Fee is payable by you in full on or before the Commencement Date; or

 

(b) Fee is payable by you in equal monthly instalments on the first day of each calendar month with the first payment payable on or before the Commencement Date (for Superb Direct Memberships only); or


(c)  Fee is payable by you in equal fortnightly instalments on every second Monday with the first payment payable on or before the Commencement Date (for Superb Direct Memberships only); or

 

(d)  Fee is payable by you in equal weekly instalments on every Monday with the first payment payable on or before the Commencement Date (for Superb Direct Memberships only).

 

Permitted Repairs means the cosmetic repairs set out in the inclusions section of the Repair

Information Table

 

Pre-Qualification Inspection means the inspection of your Nominated Vehicle carried out by

Superb so that Superb can determine if your vehicle qualifies for membership.

 

Repair Centre means any designated repair centre advised by Superb to you.

 

 

Repair Fee(s) means the fee payable by you for the Repair W ork performed or services requested as specified in the Repair Quote.

 

Repair Information Table means the table at Annexure A of these Terms and titled "Repair

Information Table".

 

Repair Limit means the number of times Repair W ork is performed to your Nominated Vehicle by

Superb in accordance with the table in clause 3.3

 

Repair Quote means the quote provided to you when you request Repair W ork  which will contain details of the Repair W ork to be carried out by Superb and the Repair Fee to be paid.

 

Repair Request means a request by you to Superb for Repair W ork to the Nominated Vehicle in accordance with clause 3 of these Terms.

 

Repair Work means all or any repairs required to your Nominated Vehicle to be provided by Superb in accordance with these Terms.

 

Service Area means the geographic area in which Repair W ork to the Nominated Vehicle may be performed, limited to the geographic boundaries of your postcode if your postcode is within the greater metropolitan area of Sydney, Adelaide, Brisbane, Melbourne and Canberra. If your postcode is outside the greater metropolitan area, then the relevant Service Area such other area as advised by Superb from time to time or as agreed between us.

 

Service Times means between the hours of 9:00am and 4:00pm on Monday to Friday, or such other times as advised by Superb from time to time.

 

Suitable Repair Area means a work area with a minimum clearance of two (2) metres around the Nominated Vehicle to perform the Repair W ork with access to a source of electricity available within twenty-five (25) metres of the Nominated Vehicle, as determined by the Technician.

 

Superb Direct means the Superb website www.superrrb.com.au or the Superb customer service centre phone 1300 008 188.

 

Superb Membership means the Superb Scratch N' Dent membership provided by Superb to you in accordance with these Terms.

 

Technician means the employee, contractor or repair agent of Superb who will perform the Repair

Work.


Termination Date means the membership expiry set out in the Membership Schedule.

 

Terms means these terms and conditions, the Repair Information Table and any other schedules to this agreement and where amended means these terms and conditions as amended.

 

We / Us / Our / Superb means Superb Car Care Club Pty Ltd (ACN 614 246 721).

 

You means the person or entity specified in the Membership Details.

 

 

8.2         Interpretation

In these Terms, unless a contrary intention appears:

 

 

(a)         The singular denotes the plural and vice versa; (b)         Any gender denotes the other gender;

(c)          A person includes an individual, a body corporate and government;

 

(d)         Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replacement legislation;

 

(e)         A reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

 

(f)          A reference to a time of day means that time of day in the state of New South W ales.


Annexure A

 

 

REPAIR INFORM ATION TABLE

 

REPAIR TYPE

INCLUSIONS

EXCLUSIONS

Alloy Wheels

One (1) alloy wheel scratch or scrape. Machine finished wheels may lose the fine machine lines.

Chrome finished or powder coated alloy wheels, or structural damage to alloy wheels. A maximum of two (2) repairs per machined alloy within the membership term, to retain the integrity and safety of the rim; in addition, we can only repair on 21-inch Machined Alloys or smaller. Machine finished wheels may lose the fine machine lines.

Body Kits

One (1) scratch or scrape up to

550mm in length on any painted side skirts or bumper