Terms and Conditions

Website terms and conditions of use

These terms and conditions support your use of the Swoop Vehicle Inspections website. By using the Swoop Vehicle Inspections website, you agree to our terms of use.

These terms may be updated from time to time and will be valid from the date of publication.

Intellectual property and copyright

Unless otherwise stated, Swoop Vehicle Inspections owns, or is licensed to use, the intellectual property, including copyright, of all content on this website.

Use of content

You may view and print pages from the websites for your own use, subject to the restrictions below.

You are not permitted to:

  • commercialise Swoop Vehicle Inspections’ content; this includes providing training or consulting services to third parties for a fee
  • republish material from the Swoop Vehicle Inspections website (including republication on another website), without prior approval and appropriate acknowledgement
  • redistribute material from this website, except for content specifically made available for redistribution (such as our newsletter and other marketing materials)
  • edit or otherwise modify any material on the website, without prior approval and appropriate acknowledgement.

You may seek approval for use of information outside of these terms by contacting us.

Disclaimer

While every effort has been made to ensure the information contained in each area of this website is up-to-date and accurate, Swoop Vehicle Inspections makes no warranty about its accuracy or completeness.

To the extent permitted by law, Swoop Vehicle Inspections, its partners, directors, employees, and agents exclude all liability (whether in negligence or otherwise) for:

  • any error or inaccuracy in, or omission from, the website or booking portal; and any loss or damage suffered by any person, directly or indirectly, through use of the booking portal, including reliance upon the information contained in the booking portal, and any decisions made based on its content.

Privacy

Swoop Vehicle Inspections is committed to safeguarding the privacy of our website visitors. This statement sets out how we will use your personal information.

We may collect the following information:

  • name
  • mailing or street address
  • email address
  • telephone number
  • age or birth date
  • profession, occupation, or job title
  • details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and respond to your enquiries
  • any additional information you provide to us directly through our website, indirectly using our website or online presence, through our representatives or otherwise
  • information you provide to us through surveys or visits by our representatives.

Swoop Vehicle Inspections’ website uses Google Analytics and Formize to analyse use of this website.

The information generated is used to create reports about the use of the site.

Google stores this information and their privacy policy is available from Google

Formize stores this information and their privacy policy is available from Formize.

Use of personal data

Your data will be used as specified in these terms and conditions or in relevant parts of the website.

We may use your information to:

  • enable your use of our services
  • improve your browsing experience
  • supply goods or services purchased on the website
  • deal with enquiries or complaints made by or about you relating to the website
  • send you our newsletter and other marketing communications which we think may be of interest to you.

You can inform us at any time if you no longer wish to receive marketing communications.

We will not, without your express consent, provide your information to any third parties for direct marketing.

We may disclose information about you:

  • to the extent we are required to do so by law
  • in connection with any legal or prospective legal proceedings
  • to establish, exercise or defend our legal rights.

Security

We will take reasonable technical and organisational precautions to prevent the loss, misuse, or alteration of your personal information.

It should be noted that data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and user details confidential in the staff portal.

Governing law

Use of the Swoop Vehicle Inspections website is governed by the laws of New South Wales, Australia.

If you have any questions about these terms and conditions, please contact us.

 

 

SWOOP VEHICLE INSPECTIONS – SERVICES AGREEMENT

Background:

A. Green Bean Automotive Pty Ltd trading as Swoop Vehicle Inspections (Swoop, we, us) provides mobile pre-purchase vehicle inspections of used vehicles including four wheel drives, electric and hybrid vehicles, commercial vehicles, trucks, buses, campervans and prestige/high performance vehicles (Inspection Services).
B. Swoop provides a Pre-Purchase Inspection Report after completion of the Inspection Services.
C. By booking an inspection with Swoop, you accept the terms and conditions set out in this Services Agreement.


1 Booking and Fees

1.1 In consideration of providing the Inspection Services, you agree to pay the Fees as advertised on our website at https://swoopvehicleinspections.com.au/ and as notified to you at the time of booking.
1.2 Fees are: 
(a) based on the type of vehicle; and 
(b) subject to change from time to time and will be disclosed on our website.
1.3 We will not change the Fees once your booking is confirmed.
1.4 The Fees must be paid in full prior to Swoop providing the Inspection Services. The method of payment will be notified to you at the time of booking. 
1.5 If Swoop provides you with a tax invoice for the Fees, you must pay the invoice using one of the payment methods specified on the invoice. Swoop will not perform the Inspection Services if it has not received payment of the Fees in full.
1.6 After receiving the Fees, we will contact you to confirm: 
(a) the date and time for the Inspection Services; 
(b) the location at which the Inspection Services will be performed; and
(c) acceptance of the booking.
1.7 The location of the vehicle must be in the Service Area.

2 Cancellation Policy

2.1 If you cancel the booking 24 hours or more prior to the date and time of the Inspection Services, we will refund the Fees to you, less a 10% administration fee.
2.2 If you cancel the booking with less than 24 hours’ notice, we will refund you the Fees, less a 40% fee. The fee reflects the processing and administration time spent by us to book and cancel your booking and the difficulties faced by Swoop in re-booking that inspection date and time at short notice. 
2.3 If the Seller cancels the booking for any reason we will refund the Fees to you less a 10% administration fee.
2.4 Swoop, at its discretion, may cancel your booking in which case, we will refund the Fees to you, in full.

3 Services

3.1 Swoop performs the Inspection Services at the location nominated by you at the time we accept the booking. 
3.2 Although we accept your booking, we can refuse to proceed with the Inspection Services whether in part or in full, for any reason including without limitation if: 
(a) the vehicle is not reasonably accessible by us; 
(b) the vehicle is not in a safe location; 
(c) the vehicle is not set up or does have reasonable walking space around the vehicle.
(d) Swoop’s Representative determines that it is not safe to do so.
3.3 If Swoop does not proceed with the Inspection Services for one of the reasons listed in clause 3.2 above, Swoop will refund the Fees to the customer less a 25% administration and processing fee.
3.4 Swoop’s  Representatives are qualified motor mechanics. The Inspection Services will be performed with reasonable due care and skill.
3.5 The scope of the Inspection Services is a general visual inspection and road test (subject to clauses 3.5 and 3.6 below) of the engine, interior and exterior of the vehicle (see clause 10 for a full list of inclusions). The scope of the Inspection Services does not include in-depth mechanical analysis or disassembly of any vehicle parts. See clause 11 below for a full list of exclusions.
3.6 We will not be liable for any defects that were not visually apparent to Swoop’s Representative at the time the Inspection Services is conducted.
3.7 We will not road test a vehicle if the vehicle:
(a) is unregistered;
(b) is deemed unsafe to drive (at the sole discretion of the Swoop qualified mechanic that is performing the Inspection Services); or
(c) does not have sufficient battery charge or fuel for the road test.
3.8 The vehicle will only be road tested to the speed limits in the area surrounding the location of the Inspection Services.
3.9 If road testing is not carried out it will be noted in the Pre-Purchase Inspection Report.

4 GST

4.1 In this clause, unless the context requires otherwise, words that are defined in the GST Act have the same meaning as given in the GST Act.
4.2 In addition to paying the Fees, you must pay to Swoop an amount equal to any GST payable on any supply made by Swoop under this Services Agreement, subject to the receipt of a tax invoice or an adjustment note for that taxable supply.

5 Liability

5.1 This Services Agreement does not exclude or restrict any rights or remedies available to you under the Australian Consumer Law.
5.2 To the extent permitted by law, Swoop’s aggregate liability to you arising from this Services Agreement is limited to an amount equal to the value of the Fees actually paid to Swoop.
5.3 We will not be liable to you (or any other person including the Seller of the vehicle) for any loss of profit, loss of use, loss of revenue, loss of contracts, increased costs and expenses, wasted expenditure or any special, Indirect Loss or consequential losses.


6 Your obligations

6.1 You represent and warrant to Swoop that at the time of booking the Inspection Services and paying the Fees you have:
(a) Obtained the consent of the Seller of the vehicle for the Inspection Services to be performed on the vehicle and arranged for the vehicle to be available at the date, time and location specified in the booking;
(b) Advised the Seller that you will disclose the Seller’s personal information to Swoop for the purposes of arranging the Inspection Services and obtained the Seller’s written consent for such disclosure;
(c) Made reasonable efforts to obtain from the Seller or from Service NSW’s website and  disclosed to Swoop any relevant information about the vehicle to be inspected that you are aware of, including but not limited to:
(i) Whether the vehicle is registered;
(ii) Whether the vehicle has third party property insurance;
(iii) The service history of the vehicle including any major repairs; and
(iv) Whether the vehicle has been involved in any collisions.

7 Your acknowledgments

7.1 Subject to law, Swoop does not warrant the reliability, accuracy or completeness of the information in the Pre-Purchase Inspection  Report or that the Pre-Purchase Inspection Report is fit for any particular purpose.
7.2 You acknowledge that:
(a) any decision to purchase a vehicle is your own decision;
(b) you have made your own enquiries as to the relevant matters about the vehicle, including whether there is any security over the vehicle and whether it is registered and insured;
(c) the Pre-Purchase Inspection Report is not a recommendation to purchase or not to purchase the vehicle;
(d) Swoop has not carried out any inspection of the items listed as exclusions in clause 11.

8 Intellectual Property

8.1 Other than as expressly provided in this Services Agreement, nothing in this Services Agreement transfers or grants to you or any other person, any right, title or interest in or to any of Swoop’s Intellectual Property Rights.
8.2 Swoop provides the Pre-Purchase Inspection Report to you only and you must not provide the Pre-Purchase Inspection Report to any other person or third party or publish the Pre-Purchase Inspection Report, unless you have our prior written consent to do so.
8.3 Any Moral Rights in the Pre-Purchase Inspection Report are retained by Swoop and its officers.

9 General

9.1 This Services Agreement may be amended from time to time by Swoop and will be made available on our website.
9.2 The Services Agreement is governed by the laws of NSW. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in NSW in connection with all matters concerning this Services Agreement.
9.3 We will collect and store your personal information (for example, your name, address, email address) in accordance with the Privacy Act 1988 (Cth). Note that Swoop does not collect or store your credit card or other payment information.

10 Inclusions

10.1 Where applicable, the Inspection Services includes a check, test or visual inspection of:
(a) Engine and Transmission 
(i) Engine and engine oil condition;
(ii) Engine auxiliary systems;
(iii) Drive belts, hoses and under bonnet fluid levels;
(iv) Radiator and cooling system function and condition; and
(v) Transmission (gearbox), differential (diff) and drivetrain function and condition.
(b) Vehicle Underbody and Outer Body
(i) Steering systems function and condition;
(ii) Suspension function and condition;
(iii) Exhaust system condition and function;
(iv) Body and underbody components for rust, corrosion, accident damage and repair;
(v) Paint finish, imperfections and blemishes;
(vi) Front and rear windscreen condition; and
(vii) Rear vision mirror function and condition.
(c) Electrical and Electronics
(i) Onboard computer diagnostics fault code check;
(ii) Battery charge rate and condition;
(iii) Headlights, taillights and indicators;
(iv) Horn, wipers and washers;
(v) Side mirrors and function; and
(vi) Smart key operation and condition.
(d) Interior, Boot, and Stowage 
(i) Condition and function of the interior and cargo areas;
(ii) Air conditioning operation; and
(iii) In-cabin dials, switches and buttons.
(e) Brake System, Wheels and Tyres
(i) Brake function and condition;
(ii) Wheel and tyre condition – including the spare tyre;
(f) General
(i) Road test to evaluate engine, gearbox, steering, suspension and braking performance and operations;
(ii) Service and repair logbook history (if information is with the vehicle)

11 Exclusions

11.1 Swoop does not provide Inspection Services for heavy vehicles in excess of 4.5 tonne in weight.
11.2 The following test, checks and inspections are excluded from the Inspection Services.
(a) Brake System
(i) Brake lining material and brake drums;
(ii) Inspection of wheel cylinders;
(iii) Indication of brake fluid contamination;
(iv) Mechanics of the Anti-lock Braking System (ABS); and
(v) Estimation of the remaining lifespan of brake systems.
(b) Engine and Transmission
(i) Evaluation of sludge buildup in the oil pump strainer;
(ii) Test of engine cylinder compression;
(iii) Inspection of engine and transmission mountings;
(iv) Evaluation of the water pump/fan performance; and
(v) Evaluation of the turbocharger or supercharger condition or performance.
(c) Electrical and Electronics
(i) Checking/testing of the batteries in hybrid/electric vehicles (excluding startup battery in hybrids);
(ii) Examination of vehicle electrics and electronics such as modules, wiring and connectors;
(iii) Verification of the condition of the odometer, camshaft belt and timing belt;
(iv) Verification of the functionality of audio-visual or entertainment systems, including CD player, cassette, TV, DVD, iPod connectivity, sensors, alarm/security devices and satellite navigation systems/GPS; and
(v) Check of the vehicle’s computer systems, such as trip meter computers, cruise control, and other onboard computer systems.
(d) Exhaust and Emission
(i) Assessment of gas emissions;
(ii) Inspection of catalytic converters and diesel particulate filters; and
(iii) Evaluation of LPG systems.
(e) Other Exclusions
(i) Assessment of internal transmission and drivetrain mechanics;
(ii) Identification and investigation of body water leaks;
(iii) Estimation of the remaining lifespan of exhaust systems, clutches and dual mass flywheels; and
(iv) Assessing the efficiency of air conditioning systems (exact temperature range).

12 Definitions

In this Services Agreement, unless the context otherwise requires:
Australian Consumer Law means the Australian Consumer Law found in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Fees means all amounts payable by you to Swoop under this Services Agreement.
Indirect Loss means Losses which do not arise naturally (according to the usual course of things) from the relevant breach of this Services Agreement. Indirect Loss includes, without limitation, loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
Inspection Services means mobile pre-purchase vehicle inspections  of used vehicles including four wheel drives, electric and hybrid vehicles, commercial vehicles, trucks, buses, campervans and prestige/high performance vehicles.
Pre-Purchase Inspection Report means a written report on the vehicle provided to you following the Inspection Services. The Pre-Purchase Inspection Report does not include a Services NSW Car History Check but may include a PPSR check at the sole discretion of Swoop. 
Intellectual Property Rights means all current and future intellectual property rights including copyright, trade marks, data sets or databases, designs, patents, including any application or right to apply for registration of any such rights whether created before or after the provision of the Inspection Services, and whether registered or unregistered, existing in Australia or otherwise and includes the Pre-Purchase Inspection Report provided to you.
Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined and as set out under Part IX of the Copyright Act 1968 (Cth) and any foreign corresponding rights.
Personal Property Securities Register (PPSR) is the official Australian federal government’s register of security interests in personal property.
Representative means a mechanic appointed by Swoop to perform the Inspection Services.
Seller means the person or entity that owns the vehicle or is arranging for the sale of the vehicle on behalf of the owner.
Service Area means the areas in which Swoop’s Inspection Services are available as advertised on our website from time to time.
 

 

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