About

 

Your Cosmetic Accident Repair Service membership (Membership) is provided by Building Reality Pty Ltd ACN 628 668 422 T/A Jim’s Scratch & Dent of Keilor East VIC 3033 (JS&D).

 

You can become a member of JS&D by clicking a box indicating your acceptance of these terms or by signing up through a JS&D agent (such as a motor vehicle dealership or finance agent) or by otherwise agreeing with JS&D to become a member.

 

Your Membership is subject to the terms of this Membership Agreement, the Repair Terms & Conditions and any relevant JS&D policies of which JS&D may from time to time notify you.

 

Please ensure that you read this Membership Agreement and the Repair Terms & Conditions carefully.  If you have any questions, please contact JS&D on  1300 19 18 17 or at repairs@jimsscratchanddent.com.au 

 

 

Changes to this Membership Agreement

 

JS&D may make changes to this Membership Agreement from time to time, including in relation to the categories of membership available and the benefits associated with each category.

 

JS&D will notify you of any changes by publishing those changes on the Website or App, or by providing you with an updated copy of this Membership Agreement by email.  Unless otherwise specified, changes take effect immediately after JS&D notifies you or if you request a Repair Quote, after the changes are uploaded to the Website.

 

Membership Terms

 

Capitalised terms which are not defined in this Membership Agreement have the meaning provided by the JS&D Repair Terms & Conditions available here: www.jimsscratchanddentprotect.com.au 

 

1. Your Membership

 

1. JS&D’ obligations to you under this Membership Agreement are limited to providing the benefits listed in section 2 below.  Any repairs provided by JS&D are subject to a separate contract as set out in a Repair Quote issued by JS&D and accepted by you.

 

2. This membership agreement is not an insurance product or policy and should not be considered or used as such.  It is not a financial product and must not be used to manage financial risk associated with damage to your Nominated Vehicle.

 

3. You acknowledge that JS&D, its employees, agents and contractors have not provided you with any financial advice or financial product and have not represented to you that JS&D is an insurer or that Membership is an insurance product.

 

 

2. Benefits of Membership

 

Your Membership entitles you to the following benefits:

 

1. access to and use of JS&D’ exclusive member App and member Portal (if available);

 

2. remote assessment of your request and if necessary, the convenience of having JS&D’ technician come out to your location to assess your repair needs, with no charge or limit on the amount of requests you can submit;

 

3. JS&D Member discount for any Eligible Repairs JS&D performs on your Nominated Vehicle (subject to you accepting a Repair Quote);

 

4. the convenience of having JS&D’ technician and mobile repair facility come out to your location to carry out the repair;

 

5. the JS&D repair warranty;

 

6. access to third-party discounts and other special offers from time to time; and

 

7. other benefits as may be advised to you in the future via the Website or otherwise.

 

 

3. Fees

 

4. Your initial Membership Fee is payable at the time you apply for your Membership.

 

5. Subsequent Membership Fees may be payable if we invite you to renew your Membership.

 

 

4. Commencement and renewals

 

6. You may apply for Membership by submitting an application to JS&D or its certified agent and providing details of your Nominated Vehicle.  

 

7. JS&D reserves the right to reject any Membership application and to refuse to register a Nominated Vehicle for any reason. If JS&D rejects your application or refuses to register your Nominated Vehicle, it will refund your Membership Fee in full.

 

8. Your Membership commences on the date specified in the schedule which is provided to you via email or in hard copy when your Membership has been approved, provided that you have paid the relevant Membership Fee.

 

9. Your Membership will generally be paid upfront for the term that you choose.  If your Membership is a type that renews from year to year, then it will be automatically renewed for a further term of 12 months, in accordance with the following process:

 

1. JS&D will send you a reminder email together with an invoice for the further term; and

 

2. JS&D will charge your credit card the applicable Membership Fee for the further term.  

 

 

5. Transfers

 

10. You may change your Nominated Vehicle once over the course of your Membership (including any renewals), subject to:

 

1. JS&D’ prior written consent, which may be provided at its absolute discretion; and

 

2. JS&D being able to verify the condition of the new Nominated Vehicle.  You agree to provide JS&D with complete and accurate information for this purpose.

 

11. You may not transfer or assign your Membership or this Membership Agreement to any person, and this Membership applies to your Nominated Vehicle only while you are the registered owner.

 

 

6. Suspension and cancellation

 

12. You may cancel your Membership at any time.

 

13. If you cancel your Membership during the Cooling Off Period, you may request a full refund of your Membership Fee by notifying JS&D in writing. In such event, JS&D or its certified agent will provide you with a full refund of your Membership Fee.

 

14. If you cancel your Membership after the end of the Cooling Off Period and within 2 years of your Membership commencing, you agree to pay a cancellation fee equal to 2 months’ Membership Fees.

 

15. If you cancel your Membership after 2 years, no cancellation fee will be payable

 

16. If you cancel your Membership and then later re-apply, JS&D may charge you an inspection fee (in addition to any new Membership Fees).

 

17. JS&D may suspend your Membership and your access to the associated benefits at any time if any amounts are owed to JS&D.  This includes any unpaid Membership Fees or Repair Fees.  

 

18. If you sell your Nominated Vehicle, your Membership can be transferred to the new owner if you notify JS&D in advance.  If you do not notify JS&D in advance, then your membership will cease automatically when you cease to be the registered owner of your Nominated Vehicle.

 

19. JS&D may cancel your Membership immediately by notifying you in writing if:

 

1. you do not pay any applicable Repair Fees within 7 days of a request from JS&D;

 

2. your Membership Fees are more than 30 days overdue;

 

3. you provide JS&D with false or inaccurate information about yourself or your Nominated Vehicle;

 

4. if you act in an abusive, offensive or threatening manner to JS&D or its staff, technicians or personnel.

 

20. If JS&D cancels your Membership you are not entitled to a refund of Membership Fees paid to date, and JS&D may recover any outstanding Repair Fees which are outstanding at the date of cancellation.

 

 

7. Liability

 

To the maximum extent permitted by law, JS&D’ maximum liability to you for any loss or damage incurred by you or any other party resulting directly or indirectly out of your Membership is limited to the amount you have paid to JS&D in accordance with this Membership Agreement.

 

 

8. General terms

 

21. A term or part of a term of this Membership Agreement that is illegal or unenforceable may be severed from this Membership Agreement and the remaining terms or parts of the term of this Membership Agreement will continue in force except to the extent that the provisions to be severed would materially change the substance of this Membership Agreement.

 

22. JS&D collects, uses and stores personal information only in accordance with applicable laws and JS&D’ Privacy Policy.  A copy of that policy is available here: Privacy Policy – Jims Scratch & Dent.  

 

23. This Membership Agreement is governed by the laws of the State of Victoria, and each party submits to the non-exclusive jurisdiction of the courts of Victoria and its courts of appeal.