Terms of Service
These Terms govern use of the My Workshop application and service (the “App”), provided by Atlantic IT Services (ABN 29 892 371 842) (the “Operator”, “we”, “us”, “our”) — a sole trader based in Victoria, Australia — to motor-vehicle workshops in Australia (each a “Workshop”) and their authorised users.
By tapping “I agree” when you first use the App, you accept these Terms. The person who accepts on a Workshop’s behalf should be the Workshop’s owner or an administrator with authority to bind it; by accepting, that person confirms they have that authority, and the Workshop is bound.
1. Who can use the App
The App is licensed to Workshops under a subscription, trial, or other arrangement with us. Individual users (mechanics, front desk, admins) use the App under their Workshop’s authority and account. If your Workshop has no current subscription or trial, you may not use the App for live business use.
2. Your account
- Sign in with a valid email and password.
- Keep your credentials secure and do not share your account.
- You are responsible for all activity under your account and for your users’ compliance with these Terms.
- Your Workshop’s admin can deactivate or off-board a user at any time.
3. Acceptable use
You agree not to:
- Use the App to store or process information unrelated to running a motor-vehicle workshop.
- Send marketing or promotional messages through the App’s SMS features, or otherwise use those features in breach of the Spam Act 2003 (Cth).
- Reverse-engineer, decompile, or extract the source code of the App, except to the limited extent this restriction cannot lawfully be prevented.
- Bypass or attempt to bypass security controls, role permissions, or rate limits.
- Use the App to harass, deceive, or defraud customers or other users.
- Upload unlawful content, malware, or content that infringes another person’s rights.
- Run automated scripts or bots against our systems.
We may suspend or terminate access for a breach of these Terms in line with clause 15.
4. Your data and your privacy obligations
- Your Workshop has the direct relationship with, and is responsible for, the customer information it enters into the App.
- We provide and host the platform on your Workshop’s behalf.
- Our handling of personal information is described in the Privacy Policy published on the Atlantic IT Services website (Privacy Policy), which forms part of these Terms.
- You must only enter customer information you are entitled to collect and use; you must make your own customers aware of how their information is handled (including that it is stored with an overseas cloud provider — see the Privacy Policy); and you must comply with your own obligations under the Privacy Act 1988, the Spam Act 2003, and any other law that applies to your business.
5. Our commitments in handling your data
While your subscription is active, we will:
- use the customer information you enter only to provide and support the App and as described in the Privacy Policy — never for our own marketing and never sold or rented to anyone;
- take reasonable technical and organisational steps to keep it secure (noting that no system can be guaranteed completely secure);
- tell you without undue delay if we become aware of a security breach affecting your data, so you can meet your own notification obligations; and
- on the end of your subscription, make your data available for export for the period in clause 15 and then destroy or de-identify it as described in the Privacy Policy.
6. Subscription, fees, renewal and cancellation
- Plans and fees. Your plan and its fee, billing cycle, and any add-ons are those presented to you when you subscribe in the App. If you have signed a separate written order with us, that order governs to the extent it differs from this clause.
- Currency and GST. Fees are payable in Australian dollars. The Operator is a sole trader not currently registered for GST, so no GST is charged on subscription or add-on fees, and our invoices are ordinary invoices (not tax invoices). If we later register for GST — required once annual turnover reaches $75,000 — fees may then include GST, shown on invoices and notified on reasonable notice.
- Automatic renewal. Unless you cancel first, your subscription renews automatically at the end of each billing period for a further period of the same length, at the then-current fee for your plan. The renewal period and the fee that will apply are shown to you when you subscribe.
- Cancellation. You may cancel at any time from within the App or by contacting us. Cancelling stops the next renewal. Your subscription — and your access to the paid features — continues until the end of the period you have already paid for; it is not cut short.
- No refunds. Because you keep full access for the rest of the paid period, fees already paid are not refunded on cancellation. This does not affect any refund or remedy you are entitled to under the Australian Consumer Law where a consumer guarantee has not been met (see clause 14), or a refund of prepaid fees if we discontinue the service (see clause 11).
- Changes to fees or plan features. We may change fees or plan features on at least 30 days’ notice. If a change would disadvantage you and you do not accept it, you may cancel before the change takes effect and keep your current plan and access until the end of the period you have already paid for; the change will not apply to that current period.
7. The App is a tool, not professional advice — your responsibilities
The App is a workshop-management tool. It does not provide legal, tax, accounting, financial, employment, or other professional advice, and you must not rely on it as if it did. In particular, you — not the Operator — are solely responsible for:
- the accuracy and legal compliance of any invoice, tax invoice, quote, or GST treatment you produce using the App, and for meeting your own tax and record-keeping obligations;
- your wage, payroll, and workplace-relations obligations: any overtime or pay-period summary the App generates is an informational aid built from the data your staff enter, which you must independently check before using it for any pay or employment decision;
- the accuracy and completeness of all data you and your staff enter (customer, vehicle, pricing, parts, labour, and odometer data), and any decision you make based on it;
- the content, accuracy, and lawfulness of any SMS, email, or other message you send to your customers through the App, and your compliance with the Spam Act 2003 and privacy law when you do; and
- independently verifying anything you intend to rely on for a legal, tax, financial, safety, or employment purpose.
To the maximum extent the law allows, the Operator is not liable for any loss arising from your reliance on the App’s outputs without the independent verification described above.
8. Third-party services, integrations and data accuracy
The App relies on and connects to third-party services outside our control — including Google Firebase (hosting), the Maropost / Neto parts integration, SMS carriers, and push-notification providers. Parts pricing and catalogue data shown through the Neto integration come from that third-party system and may be incomplete, out of date, or temporarily unavailable; you must confirm pricing and part details before relying on them. To the maximum extent the law allows, we are not responsible for the acts, omissions, accuracy, or availability of any third-party service, or for data that originates from you, your staff, or a connected third-party system.
9. Service availability
We aim to keep the App available but do not guarantee uninterrupted or error-free operation. The App depends on the third-party services in clause 8 and on your own equipment and internet connection, and, subject to clause 14, we are not responsible for failures or delays caused by them.
The App is designed to work offline: recent data stays available without a connection and syncs when connectivity returns.
10. Updates to the App
We release updates from time to time, which may add, change, or remove features. The Windows desktop build offers to download and install a new version when one is published; mobile updates arrive through Google Play or our distribution channel. Keeping a reasonably current version may be necessary for the App to keep working.
11. Our right to change or discontinue the App
We may add, change, withdraw, or discontinue features, or discontinue the App or your plan entirely, on reasonable notice (normally at least 30 days, or immediately where the law or a security issue requires). If we discontinue the App or your plan for a reason other than your breach, and you have prepaid for a period you can no longer use, we will refund the unused portion of that prepaid fee. Some features may be offered on a trial or “beta” basis and, to the maximum extent the law allows, are provided without warranty.
12. Intellectual property
- The App — including its software, design, and documentation — is owned by the Operator or its licensors. You receive a non-exclusive, non-transferable, revocable licence to use it for your Workshop’s business for as long as your subscription is current.
- Your Workshop’s business data and its customer information remain owned by your Workshop. We claim no ownership of it and use it only to provide the service (see clause 5 and the Privacy Policy).
- You may export your data using the App’s export features while your subscription is active.
- If you give us feedback or suggestions, we may use them to improve the App without any obligation to you.
13. Your indemnity to us
You agree to indemnify the Operator against loss, damage, and reasonable costs we suffer arising from:
- your breach of these Terms or of any law (including the Privacy Act 1988 and the Spam Act 2003) in the way you use the App;
- the customer information or other content you enter, including your right to collect and use it; and
- a claim brought against us by your own customer or staff member arising from your acts or omissions (including any pay, employment, or privacy claim).
This indemnity does not apply to the extent the loss was caused by our own breach of these Terms, our negligence, or our failure to meet a consumer guarantee, and it is reduced to the extent we contributed to the loss. Nothing in this clause requires you to indemnify us for anything the law does not allow to be indemnified.
14. Consumer guarantees, warranties and liability
Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the ACL that cannot lawfully be excluded. Where we are entitled to limit our liability for a failure to comply with a consumer guarantee (other than certain guarantees that cannot be limited), our liability is limited, at our option, to re-supplying the service or paying the cost of having it re-supplied.
Otherwise, to the maximum extent the law allows:
- The App is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free, secure against every threat, or fit for any particular purpose beyond the ACL consumer guarantees.
- We are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, goodwill, or business opportunity, however arising.
- Subject to the ACL paragraph above, our total aggregate liability to a Workshop for all claims arising in any 12-month period is capped at the greater of (a) the total fees that Workshop paid us in that period, or (b) AUD $100.
You are responsible for keeping your own copies/exports of business records you are legally required to retain.
15. Suspension and termination
- By you. You may stop using the App and cancel your subscription under clause 6.
- By us, for cause. We may suspend or terminate access if you breach these Terms. For a breach that can be fixed, we will give you notice and a reasonable chance to fix it first, unless the breach is serious (for example unlawful use, a security threat, or non-payment after its due date) or the law requires immediate action.
- On termination, your licence ends. We will make your data available for export for 30 days after termination and will then destroy or de-identify it as described in the Privacy Policy, unless the law requires us to keep it longer. Clauses that by their nature should survive termination (including clauses 7, 8, 12, 13, 14, 18 and 19) continue to apply.
16. Changes to these Terms
We may update these Terms as the App or the law changes. Where a change is material, we will notify you in the App and, where appropriate, ask you to re-acknowledge before continuing. If you do not accept a material change, your remedy is to cancel under clause 6.
17. Dispute resolution
If a dispute arises, both of us will first try in good faith to resolve it by discussion. If it is not resolved within 21 days of one of us notifying the other in writing, either of us may then pursue mediation or take the matter to the courts. Nothing in this clause prevents either of us from seeking urgent relief from a court where needed.
18. General
- Entire agreement. These Terms and the Privacy Policy (together with any separate written order you have signed with us) are the entire agreement between us about the App and replace any earlier understanding. If a separate signed order conflicts with these Terms, the order prevails for the subject it covers.
- Severability. If any part of these Terms is found to be invalid or unenforceable, it is read down or severed to the minimum extent needed, and the rest continues to apply.
- Assignment. We may transfer our rights and obligations under these Terms (for example if the business is sold), on notice to you. You may not transfer yours without our written consent.
- No waiver. If we do not enforce a right straight away, that is not a waiver of it.
- Force majeure. Neither of us is liable for a failure or delay caused by something genuinely beyond our reasonable control (for example an outage of a third-party service, a natural disaster, or a change in law).
- No third-party rights. These Terms are between you (the Workshop and its users) and us. No other person — including your customers — has any right under these Terms or may enforce them.
- Time limit on claims. To the extent the law allows (and except for any claim under a law such as the ACL that sets its own period), any claim arising out of these Terms or the App must be commenced within 12 months after the event giving rise to it.
- Notices. We may give you notices in the App or by email to your account address; you may contact us using the details in clause 20.
19. Governing law
These Terms are governed by the laws of the State of Victoria, Australia. You and the Operator submit to the exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.
20. Contact
- Email: support@atlanticit.com.au
By tapping “I agree” when you first use the App, you confirm you have read and accepted these Terms and the Privacy Policy.