Car repair software estimate - Crashzone it's free



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I agree to the terms & conditions.
BACKGROUND
(a)	Crashzone is the provider of a web-enabled estimating system and various related services.
(b)	Customer (referred to in this Agreement as ‘Customer’ or ‘you’) is a Repairer.
(c)	Crashzone will provide Application Services to the Customer on the terms and conditions of this Agreement.

THE PARTIES AGREE

1.	General
Please read these terms and conditions carefully before using the www.crashzone.com.au web site.

2.	Agreement
The entire agreement between you and Crashzone It's Free Pty Limited ABN 63 125 055 996 ("Crashzone") for your use of website www.crashzone.com.au and the estimating system.

3.	Term
This Agreement commences on the date you agree to these terms and conditions by clicking the "I Agree" button which appears adjacent to these terms and conditions and continues until terminated in accordance with clause 18 (termination).

4.	Licence
(a)	Crashzone grants you a non-exclusive, non-transferable, revocable licence to access and use the Application and Application Services and the user manual and any related documentation produced by Crashzone from time to time only for your own Internal Business Purpose and subject to the terms of this Agreement.
(b)	You may only use the Application in the manner described in the user manual and any related documentation produced by Crashzone from time to time. 

5.	Restrictions
You must not:
(a)	assign or grant sub-licences of any of your rights under this Agreement or permit third parties (including but not limited to providers of outsourcing or facilities management services) to use or modify the Application;
(b)	provide the Application Services either directly or indirectly to any third party;
(c)	copy, modify, enhance or adapt the Application; 
(d)	unless otherwise permitted by law, reverse engineer or decompile the Application or any part of it;
(e)	allow any other person (other than your employees) to use the Application services or use or permit the use of the Application to provide any form of bureau service or for similar activities; 
(f)	exploit the Application Services otherwise than as permitted under this Agreement; or 
(g)	based on the Application, attempt to create any software which has features or functionality the same as or similar to the features and functionality of the Application.

6.	Access
(a)	Application Services may only be made available to your Authorised Users solely for your Internal Business Purposes.
(b)	Crashzone will issue you with a user name (User Name) and password (Password) that will allow your Authorised Users to access and use the Application Services. 
(c)	You are responsible for ensuring that your Authorised Users take all practicable steps to safeguard your User Name and Password. Crashzone may assume that any person accessing or using the Application Services using your User Name and Password are your Authorised Users. You must also ensure that each Authorised User uses only the User Name and Password and that has been allocated to you, and that no other person uses such User Name and Password.
(d)	If you become aware or have reason to suspect that there has been any unauthorised use of a User Name and Password that has been allocated to you, you must notify Crashzone immediately.

7.	Storage and retrieval of Your Data
(a)	Crashzone will use reasonable commercial efforts to store Your Data at our Data Centre in a secure manner and so that it may be retrieved by you through the ordinary operation of the Application.
(b)	You acknowledge that while the Application and Crashzone’s data storage and retrieval systems deploy basic encryption and other security measures, the Application operates over the Internet which is an inherently insecure medium.  You are responsible for implementing adequate security measures to protect the systems through which you access the Application and Crashzone assumes no responsibility for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure.
8.	Training
(a)	Crashzone will provide you with a user manual and any related documentation for the Application produced by Crashzone from time to time.
9.	Support and updates 
(a)	Crashzone will use reasonable commercial efforts to: 
(i)	provide email support for your use of the Application Services in the form of consultations, assistance and advice;
(ii)	rectify any such Faults.

(b)	Crashzone may provide you with access to an Updated Version of the Application at any time during the Term.  You acknowledge, however, that Crashzone is under no obligation to provide you with access to an Updated Version of the Application at any time during the Term.

10.	Intellectual property rights
This Agreement does not assign to you any intellectual property rights, whether in the Application Services or otherwise.

11.	Use of Your Data
(a)	This clause 11 (Use of Your Data) is subject to clause 14 (Marketing).
(b)	In providing the Application Services, Crashzone will be required to host and store Your Data.
 
12.	Confidentiality
(a)	Each party acknowledges and agrees that:
(i)	in the course of performing their respective obligations under this Agreement, either party may acquire or have disclosed to it Confidential Information of the other party or its related companies, agents, contractors or customers;
(ii)	it will not disclose or use, and it will not procure that its employees and agents will disclose or use, any Confidential Information of the other to any person (or such information in connection with any obligations which are now owed) without the prior written consent of the other party which may be given on such conditions as that party thinks fit; and
(iii)	the Confidential Information of both parties is valuable, special and unique, that its unauthorised disclosure or use will cause irreparable injury to the other and that immediate injunctive and/or other equitable relief may be necessary and appropriate to remedy any unauthorised disclosure or use of such information.
(b)	Nothing in this clause 12 (Confidentiality) will be construed as preventing Crashzone from using any of your Confidential Information to manage the Application, provide the Application Services, for planning purposes relating to the Application Services or for any purpose required by, connected with or incidental to the performance of its obligations under this Agreement.

13.	Privacy
(a)	You acknowledge that in order for Crashzone to:
(i)	provide the Application Services to you;
(ii)	comply with any law or direction from any regulator; or
(iii)	to assist in the detection or prevention of any activity which may be contrary to this Agreement or the law,
Crashzone shall be entitled to collect certain personal information, including that of your customers.
(b)	You must, while complying with the Privacy Act 1988 (Cth) at all times, procure from your customers such consents as are necessary to permit the collection and storage of personal information by Crashzone pursuant to sub-clause (a) above and indemnify and hold Crashzone harmless for any claim arising out of or in connection with a failure to do so.

14.	Marketing
(a)	Notwithstanding clause 11 (Use of Your Data) but subject to clause 12 (Confidentiality), you consent and agree to Crashzone doing any of the following for the purpose of promoting the Application and Application Services to  third parties:
(i)	name you as a customer of Crashzone and user of the Application and the Application Services; and
(ii)	use Your Data in a broad, aggregated but de-identified manner such that it does not reveal the identity of you or your customers, provided that such action is not in contravention of any agreement between you and your customers or in contravention of any law or regulation.
(b)	For the purpose of facilitating the grant of rights under sub-clause (a)(ii) above, you must use your best endeavours to ensure that all agreements between you and your customers entered into after the Execution Date will contain all the permissions and consents  necessary for the use of data by Crashzone in the manner set out in sub-clause (a)(ii) above.

15.	Reliability and access
(a)	As the Internet is an inherently unstable medium, Crashzone can not guarantee that the Application Services will be accessible or available to you at all times. Crashzone will however, subject to the other terms of this Agreement, use its best endeavours to ensure that the Application Services are accessible and available to you during the nominated hours of Support.
(b)	You are solely responsible for providing, installing, maintaining and supporting all of the equipment, facilities, hardware, software, systems, network connections (including without limitation Internet connections) and anything else necessary to enable you connect to the Internet, access the webpage through which Crashzone provides the Application Services and to use and access the Application Services (Your Equipment).
(c)	In the event of any failure by you to comply with your obligations under this Agreement which prevents or is likely to prevent Crashzone from meeting any of its obligations to you (including without limitation any fault, error or failure that occurs in Your Equipment), then the time for performance of the relevant obligation of Crashzone will be extended until such time as you perform your interdependent obligation, and to the extent that your failure causes Crashzone to breach this Agreement, Crashzone’s liability for that breach will be proportionately reduced. 
(d)	Crashzone may, by giving you reasonable notice, deactivate or disconnect all or part of the Application Services to carry out system maintenance, upgrading, testing or repairs, however Crashzone will endeavour to ensure that such activities are performed outside of the Hours of Support.
(e)	Crashzone may also deactivate or disconnect all or part of the Application Services without notice where it is required to do so by its third party hosting provider (including without limitation where its third party hosting provider is required to undertake the repair, maintenance or services of its network), or if its third party hosting provider is required to comply with an order, instruction or request of a government or regulatory authority.
(f)	Crashzone may by giving you 24 hours notice  limit or suspend access to the Application Services  where you or any of your Authorised Users are using the Application Services for an unlawful or improper purpose or are suspected of the same.

16.	Indemnity
You will at all times indemnify and keep indemnified Crashzone and its officers, employees, agents and related bodies corporate (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with, or in respect of: 
(a)	any breach of this Agreement by you or your Authorised Users; 
(b)	any of your Authorised Users accessing or using the Application Services in breach of this Agreement; 
(c)	any of Your Data that is electronically transmitted to Crashzone, and any of Your Data that is processed or generated by the Application Services; and
(d)	any person accessing or using the Application Services in breach of this Agreement using your User Names and Passwords,
provided that such loss was not caused or contributed to by the negligence of Crashzone.  If a court of competent jurisdiction finds that Crashzone’s negligence caused or contributed to any loss then your  liability for the loss will only be reduced to the extent that is just and equitable having regard to Crashzone’s share in the responsibility for the injury, loss or damage.

17.	Exclusion and limitation of liability
(a)	Crashzone warrants that it will perform its obligations under this Agreement with reasonable care and in a timely manner.
(b)	All express or implied warranties, representations, statements, terms and conditions relating to this Agreement, not contained in this Agreement, are excluded from this Agreement to the extent permitted by law.
(c)	Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified. 
(d)	If any condition or warranty is implied into this Agreement under any applicable legislation and cannot be excluded, to the extent permitted by law the liability of Crashzone for breach of the condition or warranty is limited to one or more of the following at Crashzone’s option:
(i)	in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of the goods; (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; or
(ii)	in the case of services: (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again.
(e)	The maximum aggregate liability of Crashzone under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis is limited to the Fees paid by you during the twelve (12) month period preceding your claim.
(f)	In no event will Crashzone be liable under or in relation to this Agreement for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not Crashzone was aware or should have been aware of the possibility of such loss or damage.

18.	Termination
(a)	Either party may terminate this Agreement by giving the other party 30 days written notice.
(b)	A party may terminate this Agreement immediately on notice to the other party in the event of material breach by the other party if the party alleging that the other party is in material breach gives notice to that other party specifying the breach and the breach is not remedied by the party receiving the notice within 14 days from the date of that notice of breach.
(c)	Either party may terminate this Agreement immediately on notice to the other party if:
(i)	that party becomes, threatens or resolves to become or is in jeopardy of becoming 
(ii)	subject to any form of insolvency administration; 
(iii)	that party, being a natural person, dies; 
(iv)	that party, being a partnership, is dissolved or threatens or resolves or is in jeopardy of dissolving;
(v)	that party ceases or threatens to cease conducting business in the normal manner; or
(vi)	that party enters into or proposes to enter into a scheme, composition or arrangement with any of its creditors.

19.	Effect of termination
(a)	Clauses 5 (Restrictions), 10 (Intellectual property rights), 16 (Indemnity) and 17 (Exclusions and limitation of liability) survive any termination or expiry of this Agreement, along with any other provisions that are by their nature intended to do so.
(b)	Upon expiry or termination of this Agreement, you acknowledge that Crashzone is under no obligation to return or make Your Data available to you, nor is Crashzone under any obligation to provide assistance to you to support your transition (including the migration of Your Data) to another service provider. However, you may request that Crashzone permanently remove all of Your Data from all of its data storage and retrieval systems and Crashzone will comply with such requests as soon as practicable.

20.	Force Majeure
(a)	Notwithstanding any other clause of this Agreement, neither party will be liable for any failure to fulfil any term of this Agreement where that fulfilment is delayed, prevented, restricted or interfered by acts of God, war, flood, fire, explosion, civil disobedience, labour disputes, or other delays over which that party has no control.
(b)	The party unable to perform its obligations must notify the other party promptly of any delay referred to in sub-clause (a) and use its reasonable efforts to resume performance in accordance with this Agreement as soon as possible.
(c)	This clause 20 (Force Majeure) does not apply to Clauses 5 (Restrictions), 10 (Intellectual property rights), 16 (Indemnity) and 17 (Exclusions and limitation of liability) or any obligation to pay money.

21.	General
(a)	This Agreement is comprised of the following constituent documents which shall in the event of any inconsistency between them prevail according to the following order of priority with the higher taking precedence to the extent of that inconsistency:
    (i)	the Agreement Details;
(ii)	the standard terms and conditions;
 (b)	The parties acknowledge that the only relationship between the parties is of that of independent contractors and that no employment, trust, partnership or fiduciary relationship is created by this Agreement.
(c)	Crashzone may subcontract or delegate the provision of any or all of the Application Services provided that Crashzone will be responsible for the conduct and performance of that subcontractor in accordance with the terms of this Agreement as if Crashzone had performed the service.
(d)	This Agreement constitutes the entire understanding between Crashzone and you to the exclusion of any previous communications, representations or agreements between the parties whether verbal or written.
(e)	This Agreement is governed by the laws in force in New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

(f)	If any part of this Agreement is void or unenforceable that part will be severable from and will not affect the enforceability of the remaining provisions.

22.	Definitions
In this Agreement, unless the context otherwise requires: 
Agreement means this agreement, including the Agreement Details, the standard terms and conditions and Attachment A.
Agreement Details means the agreement details to which these standard terms and conditions are attached.
Application means the software product specified in the Agreement Details.
Application Services means those services specified in the Agreement Details which Crashzone has offered to provide to you, and which you have agreed to have provided for you.
Authorised User means any person accessing or using the Application Services using your User Name and Password.
Confidential Information means (a) the terms of this Agreement; (2) all information of a party which is of a confidential nature or which is notified by one party to the other as being confidential or marked as such; (3) all information or communications by a party to the other in circumstances where the other party should reasonably have known that the information was being disclosed to it in connection with obligations of confidence; (4) notes and other records incorporating any of the above and copies of them; and (5) all information referred to above whether or not in material form and whether disclosed before or after the date of this Agreement; however does not include information: (6) which the other party indicated is not treated by it as confidential (and it is objectively reasonable for the recipient to form that same conclusion); (7) to the extent it is in or comes into the public domain otherwise than through the default or negligence of the receiving party; (8) which it is required to disclose to a court, Regulator, arbitrator or government authority but only to that extent and for the purpose for which it is so required; (9) which comes into the receiving party’s possession from a third party without any breach by that third party of any obligation of confidentiality to any person; or (10) which is independently developed by the receiving party without reference to information that is confidential to the disclosing party.




Data Centre means the location at which Your Data is stored.
Fault means any failure, defect or error.
Internal Business Purpose means those purposes relevant to the processing and assessment of automotive insurance claims of the Customer’s clientele throughout the lifecycle of such claims.
Password has the meaning given in clause 4 (Access).
Term has the meaning given to it in clause 1 (Term).
Those Indemnified has the meaning given to it in clause 16 (Indemnity).
User Name has the meaning given in clause 4 (Access). User name can be the users Email address.
Updated Version means an update to the current release of the Application which is designed to improve the reliability of the Application.
you means the person specified as the customer in the Agreement Details.
Your Data means all data and information relating to you, your clients, and your Internal Business Purpose that is submitted by you, stored or  generated by or processed through the Application Services. 
Your Equipment has the meaning given to it in clause 15 (Reliability and access).
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	ABN: 63125055996	02 9011 6647
	support@crashzone.com.au	Monday - Friday: 9:00 AM - 5:00 PM
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