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DRAFT — not yet legal advice. This is a starting template for the owner's lawyer to review and complete before launch. Text in [square brackets] must be filled in. Do not rely on it as final terms.

Terms of service

Last updated: [date] · [Legal entity name] ABN [ABN] ("Zimozo Dealer", "we", "us")

1. The service

Zimozo Dealer is online software for motor vehicle dealers ("the Service"). By creating an account you ("the Customer") agree to these terms on behalf of your business. You must be authorised to bind the business.

2. Accounts and users

  • Each subscription gives you a private CRM at your own web address, with its own database.
  • You are responsible for your users, their logins and what they do in the Service.
  • Your plan sets the number of users. Extra users need a higher plan.

3. Free trial, fees and payment

  • New accounts get a 14-day free trial. Unless you cancel before it ends, your plan's monthly fee is charged to your card.
  • Fees are in Australian dollars and exclude GST, which is added to each tax invoice.
  • Plans are month to month. You can cancel at any time; the Service stays available until the end of the paid month. We don't refund part months [lawyer to confirm, subject to the Australian Consumer Law].
  • Calls, SMS, phone numbers and third-party lookups (such as PPSR and RedBook) are charged at cost, as set out on the pricing page.
  • If a payment fails we may pause the Service after giving you notice and a chance to pay.
  • We may change prices with at least 30 days' notice. [Founding dealer price-lock terms.]

4. Your data

  • You own the data you put into the Service ("Customer Data"). We use it only to provide and support the Service.
  • You are responsible for having a lawful basis to collect and use your customers' personal information, including under the Privacy Act 1988 (Cth) where it applies to you.
  • You can export your data at any time. After cancellation we keep it for [30] days so you can export it, then delete it, except where the law requires us to keep it.

5. Messages, calls and recordings

  • You must comply with the Spam Act 2003 (Cth) for SMS and email you send through the Service: have consent, identify your business and honour unsubscribe requests. The Service handles STOP replies for you, but consent is your responsibility.
  • You must comply with the Do Not Call Register Act 2006 (Cth) and telemarketing standards where they apply.
  • Call recording laws differ between states. You must tell callers that calls are recorded and get any consent required. [Lawyer to review state surveillance/listening device laws.]

6. Acceptable use

Don't use the Service to break the law, send spam, infringe anyone's rights, upload malicious code, or try to access other customers' data or our systems without permission.

7. Third-party services

The Service connects to third parties you choose to use (for example carsales, Facebook, Twilio, Stripe, AFSA PPSR, RedBook). Their terms apply to your use of them and we are not responsible for their services.

8. Availability and support

We aim to keep the Service available at all times but don't guarantee it will be uninterrupted. We back up data [daily] and provide support by [email / phone] during [business hours, AEST/AEDT].

9. Australian Consumer Law

Nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded. [Lawyer to draft limitation of liability, consistent with the ACL and the unfair contract terms regime for small businesses.]

10. Ending the agreement

You can cancel any time from the billing page. We may suspend or end the Service if you materially breach these terms and don't fix the breach within [14] days of notice.

11. General

These terms are governed by the laws of [Victoria], Australia. [Notices, assignment, entire agreement, changes to terms.]

Contact

[Legal entity name], [address]. Email: [support email].