Terms & Conditions

1. Introduction

Welcome to MONTELLE PTY LTD trading as "GVM Upgrades Australia" ("GVM Upgrades Australia," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

Age requirement: You must be at least 18 years old to use our services. By using our services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Company Information

3. Services Provided

GVM Upgrades Australia operates as a lead generation service. We collect enquiries from vehicle owners seeking GVM (Gross Vehicle Mass) upgrades and connect them with independent installers in their area.

How our service works:

• You submit an enquiry through our website with your contact and vehicle details
• We match you with one or more GVM installers in your area
• Installers contact you directly to provide quotes and discuss your requirements
• You choose whether to engage an installer

4. Independent Installers — No Agency Relationship

Installers are independent businesses. They are not employees, agents, contractors, or partners of GVM Upgrades Australia. We do not:

• employ, supervise, direct, or control installers;
• verify installer qualifications, licences, insurance, or certifications;
• guarantee installer availability, workmanship, pricing, or conduct;
• inspect, approve, or certify any work performed by installers.

Any contract for GVM upgrade work is between you and the installer. GVM Upgrades Australia is not a party to that contract and has no liability for the installer's performance or conduct.

5. Service Delivery

Our services are delivered through our online platform, which connects customers with local GVM upgrade installers. The actual GVM upgrade work is performed by independent, certified installers in your area.

6. Geographic Limitations

Our services are available throughout Australia where certified GVM installers operate. We do not guarantee installer availability in all locations.

7. Information Accuracy

We make reasonable efforts to keep information on our website current, but we do not guarantee accuracy, completeness, or timeliness. Information about installers, services, pricing, and availability is provided by third parties and may change without notice. You should verify all information directly with installers before engaging their services.

8. Customer Engagement

Customers are not required to create an account to use our services. However, we collect information about your vehicle and contact details to match you with suitable installers in your area.

9. Electronic Communications

By submitting an enquiry, you consent to receiving communications from us and from installers by email, SMS, and phone. You may opt out of marketing communications at any time, but you cannot opt out of communications necessary to respond to your enquiry.

10. User Conduct

When using our services, you must not:

• provide false, misleading, or inaccurate information;
• submit fraudulent, spam, or test enquiries;
• use our services for any unlawful purpose;
• attempt to gain unauthorised access to our systems;
• interfere with the proper functioning of our website;
• scrape, harvest, or collect information from our website;
• impersonate another person or misrepresent your identity;
• use our services to harass, abuse, or harm installers or others;
• submit enquiries on behalf of a competitor or for market research without consent.

We reserve the right to refuse service, block access, or report conduct to authorities.

11. No Warranties

To the maximum extent permitted by law, GVM Upgrades Australia provides its services on an "as is" and "as available" basis and makes no warranties or representations, express or implied, including but not limited to:

• the accuracy, reliability, or completeness of any information on our website;
• the availability, quality, safety, legality, or suitability of any installer;
• that any installer will contact you, provide a quote, or perform work;
• that any installer is licensed, insured, certified, or qualified;
• the accuracy of installer claims regarding pricing, timeframes, or capabilities;
• uninterrupted or error-free access to our website or services.

You acknowledge that your decision to engage an installer is made at your own risk and based on your own enquiries.

12. Payment Terms

GVM Upgrades Australia is a lead generation service. We do not charge consumers for submitting enquiries. Payment for GVM upgrade services is made directly to the installer you choose to work with. Payment terms and methods will be determined by the individual installer.

13. Refunds, Cancellations, and Disputes with Installers

As we connect customers with independent installers, any disputes regarding the actual GVM upgrade work should be resolved directly with the installer. We are not responsible for and have no liability in relation to any dispute between you and an installer.

If you are unable to resolve a dispute with an installer, you may seek assistance from Queensland Fair Trading (or your state consumer protection agency) or take legal action directly against the installer.

14. Privacy and Data Protection

We use encrypted services to protect your data. We share your contact and vehicle information with one or more installers in your area to facilitate quotes and service delivery. Please see our Privacy Policy for more details on how we collect, use, and share your information.

15. Intellectual Property

All content on our website, including text, graphics, logos, images, software, and design, is owned by or licensed to MONTELLE PTY LTD and is protected by Australian and international intellectual property laws.

You may not:

• reproduce, copy, or distribute any content without our written permission;
• use our trademarks, logos, or branding without authorisation;
• modify, create derivative works from, or reverse-engineer our website or software;
• remove any copyright or proprietary notices.

Limited licence: We grant you a limited, non-exclusive, non-transferable licence to access our website for personal, non-commercial use in accordance with these Terms.

16. User-Generated Content

Contact information and vehicle details submitted through our website will be used to connect you with GVM installers and for related communications. By submitting information, you confirm it is accurate and you have the right to provide it.

17. Limitation of Liability

(a) Consumer Guarantees: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund.

(b) Exclusion of Liability: To the maximum extent permitted by law, GVM Upgrades Australia excludes all liability for:

• any indirect, incidental, special, consequential, or punitive damages;
• any loss of profits, revenue, data, goodwill, or opportunity;
• any claim arising from your use of installer services;
• any claim arising from installer conduct, workmanship, or quality;
• any delay, failure, or error in our website or service delivery;
• any unauthorised access to your information.

(c) Liability Cap: To the extent we have any liability that cannot be excluded, our total liability to you is limited to $100 or the cost of resupplying the service, at our election.

(d) Installer Liability: We have no liability for any act, omission, negligence, or breach by any installer. All claims relating to GVM upgrade work must be made against the installer directly.

18. Indemnification

You agree to defend, indemnify, and hold harmless MONTELLE PTY LTD trading as "GVM Upgrades Australia" and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• your use of and access to the services;
• your violation of any term of these Terms;
• your violation of any third-party right, including any right of privacy or intellectual property;
• your violation of any applicable law, rule, or regulation;
• any misleading, false, or inaccurate information you provide;
• your wilful misconduct.

19. Dispute Resolution

Disputes with GVM Upgrades Australia:

If you have a dispute with us:

• (a) Contact us first via our website. We will try to resolve your concern within 14 days.
• (b) If not resolved, you may escalate to mediation before commencing legal proceedings.
• (c) Nothing in this clause prevents you from making a complaint to a relevant consumer protection agency or seeking urgent injunctive relief.

Disputes with Installers: We are not responsible for disputes between you and installers. You should contact the installer directly or seek assistance from Queensland Fair Trading or your state consumer protection agency.

20. Termination and Suspension

We reserve the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. You submit to the non-exclusive jurisdiction of the courts of Queensland. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our services.

22. Amendments

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the services.

23. Third-Party Links and Services

Our website and services may contain links to third-party websites or services that are not owned or controlled by MONTELLE PTY LTD trading as "GVM Upgrades Australia". We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

24. Accessibility

We are committed to ensuring that our services are accessible to everyone. If you have any accessibility concerns or need assistance, please contact us through our website.

25. Contact Information

If you have any questions about these Terms, please contact us: