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Terms & Conditions:

This Agreement sets out the terms and conditions on which THE CART DOCTOR A.B.N: 58 545 898 775 (CART DOCTOR) provides goods and/or services to you (Client) in relation to golf cart sales and repairs.

Unless the CART DOCTOR and the Client enter into a separate written agreement, these Terms & Conditions apply to all commercial transactions.

1. Definitions

Agreement means this document and the terms set out in this document.

Business Day means a day other than a Saturday, Sunday, bank holiday or public holiday, on which registered banks are open for business in the State of Victoria, Australia.

Commercial Customers includes any entity, including companies, organisations, partnerships, or sole traders, that engages the CART DOCTOR for Services or Purchase of Goods with the primary intent of furthering their business operations rather than personal, domestic, or household use.

Confidential Information means all information about and details of the CART DOCTOR’s business that the CART DOCTOR has or may give to the Client in the course of providing goods and/or services, including contact details of the CART DOCTOR’s suppliers, third party contractors and/or other information of a confidential nature, in each case save where the information is in the public domain other than as a result of a breach of confidence owed to the CART DOCTOR by any person (including the Client).

Consumers means any individual purchasing Goods or Services from the CART DOCTOR for personal, domestic, or household use, and not for the purposes of resupply, use in manufacturing, or other business-related activities.

Contract Sum means the Fees, as varied from time to time in accordance with this Agreement.

Delivery means the Goods collected from CART DOCTOR’s premises or delivered to third-party freight forwarders or as mutually agreed between the parties; for Services, when the Client will be notified of the completion of the Service.

Fees means any and all amounts payable to the CART DOCTOR in respect of providing Goods and/or Services, including but not limited to any amounts applicable under clauses of this Agreement and all amounts set out in clause 3 of this Agreement, as varied from time to time in accordance with this Agreement.

Goods means second-hand golf carts or any goods that are supplied by the CART DOCTOR to the Client and goods supplied for the purpose of providing Services contained herein.

GST means the goods and services tax chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all rights to, and any interest in, any patents, inventions, copyright, design (registered or unregistered) and related rights, trade mark or trade name, business names and domain names, rights in get-up, goodwill, know-how, circuit layout designs, topography rights and database rights, plant variety and plant breeder rights, rights to use, and protect the confidentiality of Confidential Information (including know-how, trade secrets, and technical data), technology and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection as may exist anywhere in the world at any time (whether capable of protection by registration or not), including all applications for any such rights;

Parts refers to any materials, components or items used by the CART DOCTOR in the completion of repairs, servicing, or other works. This includes, but it is not limited to, mechanical components, electrical components and accessories.

Parties means the parties to this Agreement.

Scope of Work or SOW means any accepted proposed scope of work verbally or in writing.

Services means the repairing of golf carts and any other specific services set out in the relevant SOW. The services may include but is not limited to, servicing, repairs, Parts, battery conversions and customisations of golf carts.

2. Provision of Services and Client Obligations

2.1. Unless otherwise provided for in writing, all Proposed Scope of Work/Fee Proposal’s (verbally or in writing) are valid for 14 days from the date of issue.

2.2. Upon issuing a SOW for the supply of Goods or Services by the CART DOCTOR, the Client must provide a written confirmation of the SOW within 5 business days.

2.3. When the Client accepts an SOW, these terms will govern the parties’ rights and obligations under the Agreement. If the terms of the SOW contradict or are inconsistent with any of these terms, the terms of this Agreement will prevail to the extent of the inconsistency.

2.4. In providing the Services, the CART DOCTOR will ensure that they are provided with reasonable skill, care, and diligence and to the standards reasonably expected of technicians performing services of a similar nature.

2.5. The CART DOCTOR will use all reasonable endeavours to comply with any estimated delivery timetables agreed upon and incorporated into the SOW. Without limiting the foregoing, the CART DOCTOR will not be responsible for delays or failures to deliver work by a particular date if the delay or failure was caused by circumstances outside the control of the CART DOCTOR, including but not limited to:

a) a failure by the Client to meet its obligations under this Agreement;

b) a failure by a third party to deliver Goods in a reasonable time;

c) a failure by a third party to provide any additional services as required in relation to the Services; or

d) a request by the Client to suspend the Services.

2.6. If the CART DOCTOR requires any variations to the SOW, whether initiated by the CART DOCTOR or by necessity due to third parties such as suppliers, the CART DOCTOR will notify the Client in writing of any such proposed variation, which is to include any effect on:

a) the Contract Sum;

b) the estimated timetable in the SOW;

c) any other term of the SOW. Then:

i. if the Client does not respond within five (5) business days of receipt of the proposed variation, the Client will be taken to have agreed to the proposed variation; and

ii. the proposed variation will then be deemed to be a variation of this Agreement.

3. Fees, Invoicing, Payment, Exclusions

3.1. CART DOCTOR ‘s Fees for its supply of Goods and Services are as set out in the relevant SOW.

3.2. Invoices will be issued after Delivery, unless otherwise agreed in writing between the Parties.

3.3. The Client must pay the Fees in accordance with these terms, or timetable, set out in the SOW. Without limiting the foregoing:

a) the Fees include the cost of CART DOCTOR supplying the Client Goods at recommended or suggested retail price (irrespective of the trade discount received for the Goods).

b) the Fees include the cost of Services performed by CART DOCTOR including any Parts used.

3.4. Any work required to be performed by the CART DOCTOR beyond the SOW, or additional work required outside the scope of a SOW, other than variations under this Agreement, will be charged separately.

3.5. The Client must pay each invoice, including any GST payable on any supply that is made under this Agreement, within 5 business days for Consumers and 30 days for Commercial Customers from the date of receipt or deemed receipt. Payment of invoices on time is an essential term of this Agreement.

3.6. All payments to be made to the CART DOCTOR must be made in AUD in the full amount shown on each invoice, free of any deductions or withholdings, and without the Client exercising any right of set-off.

3.7. Title in all Services and/or Goods does not transfer to the Client unless and until full payment is received, and the CART DOCTOR retains the right to a lien over any Goods in its possession and control pending payment in full.

3.8. Risk in the Goods passes to the Client on Delivery of Goods. The Client bears the risk of any loss or damage to Goods due to any cause whatsoever after Delivery of Goods. To avoid doubt: Goods is deemed to be delivered when the Goods are delivered to the Client’s site or when the Client takes delivery from the CART DOCTOR’s premises.

4. Confidentiality

4.1. The Client must:

a) take all reasonable steps to maintain the strict confidentiality of the Confidential Information;

b) take all precautions necessary to prevent disclosure of Confidential Information;

c) not use or attempt to use the Confidential Information in any manner which may injure or cause loss, either directly or indirectly, to the CART DOCTOR, or which may be likely to do so;

d) take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of Confidential Information;

e) promptly notify the CART DOCTOR if it suspects, or becomes aware of, any loss or any unauthorised use, storage, copying or disclosure of the Confidential Information;

f) immediately take all steps necessary to prevent or stop, and comply with all reasonable directions of the CART DOCTOR in respect of, suspected or actual disclosure in breach of this Agreement; and

g) if requested by the CART DOCTOR, immediately return to the CART DOCTOR, or destroy, delete and/or erase, all materials and files that contain Confidential Information.

4.2. The return, destruction, deletion, erasure, or retention of Confidential Information does not relieve the Client from any of its other obligations under this Agreement.

5. Delivery of Goods

5.1. Delivery of Goods will not be arranged by the CART DOCTOR unless and until the Client has paid for the Goods in full or partially as agreed between the parties.

5.2. Where the Client requires, or where the CART DOCTOR reasonably determines necessary to use, third party delivery businesses, the CART DOCTOR will where possible use the CART DOCTOR’s preferred suppliers. In such circumstances of using a third-party delivery provider, the Client agrees that by the CART DOCTOR placing an order for delivery, details of the Client, such as name, contact numbers, and delivery address, will be provided to those third parties.

5.3. The CART DOCTOR will not be responsible for removing any rubbish, unpacking or assembling of Goods, unless otherwise set out in the SOW.

5.4. All deliveries received by the Client are final and at the Client’s risk, subject to any rights, warranties, guarantees and remedies the Client may have regarding the provision of goods or services by the CART DOCTOR under the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), and the CART DOCTOR offers no additional warranties in relation to any Goods or Services.

5.5. Prior to the delivery of the Goods, the CART DOCTOR or the Client may request that the Client inspect the Goods to ensure their satisfactory condition. During the inspection, the Client will have the opportunity notify the CART DOCTOR of any damage or defect of the Goods. If no such inspection occurs, or the parties otherwise agree to accept the Goods in the condition it is Delivered. All deliveries are final and at the Client’s risk, subject to any rights, warranties, guarantees and remedies the Client may have regarding the provision of Goods or Services by the CART DOCTOR under the Australian Consumer Law.

5.6. To the extent permitted by Law, the CART DOCTOR will not be liable:

a) for any damage to any Goods caused by the Client, or otherwise by third parties beyond the reasonable control of the CART DOCTOR;

b) any loss, damage, cost or expense the Client or any third party suffers as a result of a change in delivery times or delay in delivery caused by the Client, or otherwise beyond the reasonable control of the CART DOCTOR; or

c) any loss, damage or theft of Goods once the Goods are delivered to the address specified by the Client.

5.7. The Client agrees to pay for any storage costs or return delivery costs in the event that on delivery of the Goods, any Goods cannot be received by or on behalf of the Client due to:

a) lack of access to the property; or

b) lack of space to store the property.

5.8. The Client takes full responsibility to ensure sufficient access to the property including but not limited to, sufficient clearing wide enough to deliver and park the Goods to its final location.

6. Second-Hand Golf Carts

6.1. The Client acknowledges that second-hand carts provided by the CART DOCTOR may have signs of wear and tear. While all Goods shown to the Client will be described and photographed as accurately as possible, the Client acknowledges that these are representational only, and there may be some variations to the Goods received, including, but not limited to, scratches, dents, fading of body paint, and marks.

6.2. All second-hand golf carts sold by the CART DOCTOR are provided on an "as-is" basis. Customers acknowledge and accept that second-hand golf carts may be subject to wear and tear and may not be in perfect working order. No representations or guarantees are made regarding the performance, durability, or suitability of second-hand golf carts for any specific purpose.

6.3. To the maximum extent permitted by law, the CART DOCTOR does not provide any express or implied warranty for second-hand golf carts, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Clients are advised to inspect second-hand golf carts thoroughly prior to purchase

6.4. All sales of second-hand golf carts are final. Returns or refunds will only be processed to the extent required by Australian Consumer Law and in accordance with the CART DOCTOR’s refund/return policy. Customers are responsible for identifying any defects or concerns before finalising their purchase.

6.5. The CART DOCTOR shall not be held liable for any mechanical or operational issues, faults, or damages arising after the sale of a second-hand golf cart. This includes, but is not limited to, faults that develop due to normal wear and tear, improper usage, or inadequate maintenance.

6.6. By purchasing a second-hand golf cart, the Customer acknowledges that the vehicle's condition and potential limitations have been disclosed by the CART DOCTOR to the best of its knowledge, and the Customer accepts the terms of sale based on this disclosure.

7. Warranty

7.1. The CART DOCTOR provides a six (6) month warranty on labour only for all Services rendered. All Parts used in the rendering of Services that have been obtained from retailers, third-party suppliers, or manufacturers are covered by the respective warranties from the retailer, third-party supplier, or manufacturers. The Client acknowledges that the CART DOCTOR installs the Parts according to the manufacturer’s instructions and has no liability or obligation to cover warranty for those Parts. The Client acknowledges that in the event the Parts supplied in the completion Services rendered are not to standard, do not work as described, or are otherwise unsatisfactory, it is the Client’s responsibility to notify the retailer, third-party or manufacturer directly for a resolution, including a replacement or repair.

8. Dealer-Sourced Golf Carts

8.1. The CART DOCTOR may facilitate the purchase of new golf carts after receiving a referral from authorised golf cart dealers. In such cases, the Company acts solely as a referral service and is not involved in the sale transaction or any post-sale obligations.

8.2. Any golf cart purchased through a dealer as a result of a referral by the CART DOCTOR is subject to the dealer’s terms and conditions, including warranties, servicing agreements, and any other related matters. Client’s acknowledge that the dealer is solely responsible for any obligations or liabilities arising from the purchase or operation of the golf cart.

8.3. The CART DOCTOR assumes no responsibility, whether express or implied, for the performance, condition, or faults of a golf cart purchased through a dealer. Clients must direct all enquiries, complaints, or warranty claims regarding such golf carts to the dealer from whom the cart was purchased.

9. Goods from Overseas

9.1. In the provision of Services, the CART DOCTOR may be required to obtain parts for the repair of golf carts from Australian suppliers and third-party retailers such as eBay and Amazon. The Client acknowledges that Goods ordered from overseas (outside Australia) may incur delays in delivery times.

10. Limitation of Liability

10.1. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the maximum liability of the CART DOCTOR under or in connection with this Agreement, howsoever arising (including by reason of tort, breach of contract or otherwise), shall not exceed 100% of the sum of all Fees paid to the CART DOCTOR up to and including the date of any event in respect of the relevant SOW giving rise to any such liability.

10.2. For the avoidance of doubt, under no circumstances, howsoever arising, will the CART DOCTOR be liable to the Client for any special damages, indirect loss, consequential loss, or punitive damages, including, but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages.

11. Defects Liability

11.1. If the Client is deemed as a ‘consumer’ within the meaning of the Australian Consumer Law, then

a) The CART DOCTOR’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, the Client is entitled:

i. to cancel the Agreement; and

ii. to a refund for the unused portion, or to compensation for its reduced value.

b) The Client is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, the Client is entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion of the contract.

11.2. All Defect Liability claims must be made in writing to the CART DOCTOR at Sandhurst, Victoria 3977, Australia, within the warranty period specified in this clause. Upon CART DOCTOR’s request the Client must submit the relevant information with the claim to the CART DOCTOR’s office within 15 working days of the request. The Client must bear all expenses related to making a claim.

11.3. This Warranty is given by:

The CART DOCTOR

Address: [7 Kingsford Smith Court, Sandhurst, Victoria 3977, Australia] Phone: [+61 (0) 407 899 389]

Email: [info@thecartdoctor.com.au]

12. Repairs, Refunds and Replacements

12.1. If the Goods or Services are damaged or not of acceptable quality, the Client may have rights under:

a) Schedule 2 of the Australian Consumer; and/or

b) Other consumer laws applying in each Australian State or Territory.

12.2. Subject to the refund policy, if the Client has damaged the Goods or has failed to take proper care of the Goods after delivery, any repair, refund or replacement will be at the CART DOCTOR’s sole discretion.

13. Australian Consumer Law

13.1. If there is a minor problem with the Goods (as defined in the Australian Consumer Law) the Goods may be repaired instead of offering a replacement or a refund. If there is a major problem with the Goods, a refund or a replacement may be available.

13.2. Unless the CART DOCTOR is required to do so under the Australian Consumer Law, the Client will be responsible for the costs of returning the Goods.

14. Termination

14.1. A party may terminate this Agreement by giving 10 Business Days written notice if:

a) the other party is in default in the performance of any of its obligations under this Agreement and the default is not capable of being remedied, or if the default is capable of being remedied the other party fails to remedy the default within seven (7) Business Days of notice by the first party specifying the default;

b) the other party ceases to carry on business, ceases to be able to pay its debts as they become due, enters into a composition with its creditors, goes into liquidation or bankruptcy, or a receiver and manager or statutory receiver or administrator is appointed, or any analogous event occurs.

14.2. In the event of termination of this Agreement as a whole:

a) the Client must reimburse the CART DOCTOR for any out-of-pocket costs (including any handling or administration fee) that the CART DOCTOR has incurred up to the date of termination affected by the termination and for which the CART DOCTOR has not yet been reimbursed by the Client, with any such amounts being a debt due and payable forthwith;

b) the Client also must pay the CART DOCTOR for work completed up to the date of termination but not yet invoiced or paid with any such amounts being a debt due and payable forthwith, and:

i. where the Fees are for Services costed on a time and materials basis, those Fees will be calculated in accordance with the CART DOCTOR’s hourly rates; and

ii. where the Fees are for Goods, the estimated costs of the Goods at recommended retail price.

14.3. In the event of termination of this Agreement by the CART DOCTOR pursuant to this clause herein, the CART DOCTOR may commence proceedings in a Court of competent jurisdiction against the Client to recover any outstanding Fees/debts, together with damages and costs and interest allowable by Law.

15. Directors Guarantee

15.1. Where the Client is a company incorporated under the Corporations Act 2001 (Cth), the director or directors who sign this Agreement (including electronically) on behalf of the company (Guarantor) agree to guarantee the due and punctual payment by the Client of all money which is or becomes payable by the Client to the CART DOCTOR under this Agreement or on any other account (Secured Money).

15.2. The Guarantor also agrees to pay to the CART DOCTOR on demand the Secured Money without the necessity for the CART DOCTOR to have made any prior demand on the Client or any other steps being taken against the Client to recover the Secured Money.

15.3. The Guarantor agrees to indemnify the CART DOCTOR against all actions, liabilities, penalties, claims demands, loss or damage and costs incurred or suffered directly or indirectly in connection with the Client’s and/or the Guarantors failure to comply with any term or condition in this Agreement.

16. Personal Property Securities Act 2009

16.1. The words; ‘Security Agreement’, ‘Purchase Money Security Interest’, ‘Collateral’ and ‘Proceeds’ are as defined in the Personal Property Securities Act 2009 (Cth) (PPSA).

16.2. The Client agrees that this Agreement is a Security Agreement pursuant to the PPSA in favour of the CART DOCTOR over all present, past and future personal property and includes all after acquired personal property and the Client grants a “Purchase Money Security Interest”, if one is applicable, to the CART DOCTOR in respect of all personal property, services, goods, materials, contractual rights and interests, and any and all interests in property that are purchased and/or acquired by you after entering this Agreement. The CART DOCTOR will have the right to register a Security Interest in the Collateral and its Proceeds on the Personal Properties Security Register (PPSR), and as a Purchase Money Security Interest if applicable.

16.3. The parties agree that the CART DOCTOR’s Security Interest extends to Proceeds and is enforceable against a third party whether or not the Security Agreement providing for the Security Interest contains a description of the Proceeds. Where the PPSA applies to action taken by the CART DOCTOR in relation to the Collateral, you waive your rights to receive any notices required under section 95, 118, 121, 130, 132 or 135 of the PPSA (as amended from time to time). You agree to waive your rights under section 157 of the PPSA to receive notice of any variation statement.

16.4. The Client agrees to:

a) do all things necessary to ensuring that any Security Interest required by the CART DOCTOR is enforceable, perfected and otherwise effective;

b) sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to-date in all respects) which the CART DOCTOR may reasonably require to enable registration of a financing statement or financing change statement on the PPSR;

c) do all things necessary enabling the CART DOCTOR to exercise its rights in connection with a registered Security Interest.

d) not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the services and goods provided to you without the prior written consent of the CART DOCTOR;

e) give the CART DOCTOR not less than 14 days’ written notice of any proposed change in your name and/or any other changes in your details (including but not limited to changes in your address, facsimile number, email address, company or trading name or business practice);

f) pay all costs incurred by the CART DOCTOR in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by this Agreement including executing subordination agreements; and

g) be responsible for the full costs incurred by the CART DOCTOR (including actual legal fees and disbursements on a solicitor and client basis) in obtaining an Order pursuant to section 182 of the PPSA.

h) grant the CART DOCTOR or the CART DOCTOR’s agent Power of Attorney to do all things and execute all documents necessary for the registration and exercise of the CART DOCTOR’s rights and interests in respect of this Agreement, the PPSA and the PPSR.

17. Force Majeure

17.1. The CART DOCTOR shall not be responsible to the Client for costs incurred or loss and damages suffered resulting from delay or failure to perform arising out of force majeure including: acts of ‘God’, acts or restraints of governmental authorities, fire, explosions, storms, wars, hostilities, blockades, public disorders, quarantines, embargoes, strikes, loss or shortage of transportation facilities, pandemics, Government lock downs, or any other act or event that is not within the CART DOCTOR’s reasonable control which renders the CART DOCTOR unable to perform its obligations under this Agreement.

18. General

18.1. Each party warrants to the other that it has the power and authority to enter into this Agreement and the obligations contemplated by it.

18.2. The CART DOCTOR agrees to handle the sensitive and personal data collected from the Client in accordance with its privacy statement. The privacy statement shall be made available to the Client upon request.

18.3. The CART DOCTOR enters into this Agreement as an independent contractor. Nothing in this Agreement creates, constitutes, or evidences any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and a party may not make, or allow to be made, any representation that any such relationship exists between the parties. A party shall not have the authority to act for, or to incur any obligation on behalf of, any other party, except as expressly provided for in this Agreement.

18.4. This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.

18.5. The Client and the CART DOCTOR each bind themselves, their successors and assigns to this Agreement. Neither the Client nor the CART DOCTOR shall assign or transfer their interest in this Agreement without the written consent of the other.

18.6. Any notice or document required to be given under this Agreement must be in writing and may be given by hand, post, email, or facsimile as shown in the relevant party’s contact details shown set out in a SOW or otherwise notified by one part to the other.

18.7. Any modification to or variation of this Agreement, including a SOW, must be in writing and signed by each party.

18.8. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed, and the remainder of the Agreement will remain in full force and effect.

18.9. Subject to the termination clause herein, if there is a dispute between the parties in relation to any matter connected with this Agreement or the Services, the parties must meet in good faith within 14 days of any such dispute arising to seek to resolve the dispute by agreement between them. The parties agree to follow this procedure before resorting to any legal proceedings, save that nothing in this clause prevents either party from seeking urgent injunctive relief.

18.10. No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this agreement unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

18.11. Words or conduct referred to in clause 18.9 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

18.12. This Agreement shall be construed in accordance with and governed by the laws in force in the State of Victoria, and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia.

Refund and Return Policy

1. Purpose and Scope 

This Refund and Return Policy outlines the terms under which The Cart Doctor Pty Ltd (referred to as “we”, “us”, or “our”) manages refunds, returns, and related claims. This policy applies to all customers engaging our services or purchasing products, including second-hand golf carts, parts, and batteries, as part of our repair and servicing operations. It is aligned with the Australian Consumer Law and aims to ensure transparency in resolving customer concerns.

2. Refund and Return Terms 

We aim to provide quality services and products to our customers. However, if an issue arises, the following terms apply to refunds and returns:

1. Services:

o We provide a six-month labour warranty for all servicing, repairs, and battery conversions. This warranty covers only workmanship provided during the stated period.

o Components installed, including parts and batteries, are covered under the warranty terms of the manufacturer or third-party supplier. We are not liable for manufacturer defects or faults in the parts or batteries. Customers are encouraged to address such claims directly with the manufacturer or supplier.

2. Second-Hand Golf Carts:

o Second-hand golf carts are sold on an "as-is" basis with no express or implied warranties unless otherwise agreed to in writing prior to purchase.

o By purchasing a second-hand golf cart, the customer acknowledges and accepts any associated risks of owning used equipment, including wear and tear.

3. Parts and Batteries:

o Returns or refunds for manufactured defects in parts or batteries are handled under the terms and conditions of the respective manufacturer or supplier. We will provide reasonable assistance and documentation to help you lodge claims with these third parties.

4. Claim Period:

o Refund or return requests for services or parts must be lodged within 14 calendar days of service completion or receipt of goods. Requests lodged beyond this period will not be accepted.

3. Exclusions 

The following exclusions apply to refunds and returns:

• Claims related to damage caused by improper use, negligence, or failure to maintain items, including golf carts, batteries, or parts.

• Damage to goods occurring during transit. Delivery and freight responsibility rest solely with the carrier or third-party transport provider once the goods leave our premises.

• Pre-existing issues or risks associated with second-hand goods, acknowledged at the time of their sale.

4. Process for Refunds and Returns 

To initiate a refund or return, please follow these steps:

1. Submit a Written Request:

Contact The Cart Doctor Pty Ltd in writing to request a refund or return. Provide the following information:

o Full name and contact details

o Description of the service/product and the issue encountered

o Supporting documentation (e.g., receipts, photos of damage)

2. Assessment and Resolution:

o We will assess your request and respond within five business days to confirm whether it meets the eligibility criteria under this policy.

o Approved refunds will generally be processed within 14 business days of approval via the original payment method unless otherwise agreed.

3. Freight or Delivery Defects:

Claims arising from items damaged during delivery must be directed to the relevant transport company. While we will assist with documentation to the best of our ability, ultimate responsibility rests with the freight provider.

5. Interaction with Australian Consumer Law 

This policy is designed to comply with and not exclude any rights you may have under the Australian Consumer Law. Where a major failure occurs, you may be entitled to a replacement or refund. Minor failures qualify for repair or replacement under the terms of this policy.

6. Contact and Communication 

For all refund and return inquiries, please contact:

The Cart Doctor Pty Ltd The Director

7 Kingsford Smith Court, Sandhurst VIC 3977 Phone: +61 418 139 136

Email: [info@thecartdoctor.com.au]

We encourage all customers to review this policy periodically for updates. By engaging with our services or purchasing goods, you agree to its terms.

Effective as at 11 May 2025.

Privacy Policy

1. Purpose and Scope 

The Cart Doctor Pty Ltd (referred to as "we", "us", or "our") values the privacy of our customers and users of our services and is committed to ensuring personal information is protected under applicable Australian privacy laws, including the Privacy Act 1988 (Cth) and the Australian Consumer Law. This Privacy Policy explains how we collect, use, disclose, and protect personal information in alignment with the Australian Privacy Principles (APPs). It applies to all individuals who interact with us, including customers, suppliers, and users of our services.

2. Collection of Personal Information 

We collect personal information to deliver our services, manage customer relationships, and ensure compliance with relevant laws. The categories of personal information we may collect include:

• Contact information, such as full name, email address, and phone number;

• Residential or business address for mobile servicing appointments, correspondence, or billing purposes;

• Payment details necessary for processing transactions;

• Information relating to the maintenance, servicing, or repairs of golf carts and products supplied (including history or specifications);

• Records of your communication with us, including complaints, inquiries, or feedback.

We collect personal information directly from you when you contact us by phone or email, submit service requests, purchase products, or complete forms (e.g., invoices or other documents). Occasionally, personal information may be obtained through referrals, subcontractors, or manufacturers (e.g., in relation to parts or battery warranties).

3. Purpose of Collection 

We collect, use, and store personal information for the following purposes:

1. Providing Services: To deliver and manage mobile golf cart servicing, repairs, and equipment installations or conversions, including coordinating with third-party suppliers.

2. Payment Processing: To issue invoices and securely process payments for the services or goods provided.

3. Customer Communication: To respond to inquiries, complaints, or feedback and to provide updates relating to services.

4. Compliance and Records: To meet obligations under Australian Consumer Law, warranty terms, and other legal or regulatory requirements.

5. Operational Improvements: To evaluate and improve the efficiency and quality of our services.

Where personal information is not provided, it may impact our ability to deliver the requested service or adequately respond to your concerns.

4. Use and Disclosure of Personal Information 

We only use or disclose your personal information in ways consistent with the purposes outlined above. Disclosure to third parties may occur in specific circumstances, for example:

• Sharing information with freight companies or suppliers is necessary for coordinating goods delivery, warranty claims, or procurement of replacement parts;

• Complying with statutory obligations, legal orders, or regulatory requests from Australian authorities;

• Engaging contractors or service providers to perform services on our behalf (e.g., technical repairs); and

• Record client information, including billing history and project details, may be disclosed to any of our affiliates, such as accountants, the Square payment system.

We do not sell or trade your personal information for marketing purposes. Should additional disclosure be required, your explicit consent will be sought, unless disclosure is necessary to comply with legal or regulatory obligations.

5. Data Security and Retention 

We take reasonable steps to protect the personal information we collect using physical, electronic, and procedural safeguards. These measures include:

• Storing electronic records securely on encrypted systems with restricted access;

• Implementing password protection protocols and secure cloud storage;

• Employing secure disposal methods for outdated physical records.

Personal information is retained only for as long as necessary for the purposes outlined in this policy, or as required by law. When your personal information is no longer required, it is securely destroyed or de-identified.

6. Your Rights Under Privacy Laws 

As an individual, you have several privacy rights under Australian law:

• Access: You may request access to personal information held by us.

• Correction: You may request corrections to inaccurate, incomplete, or outdated information.

• Consent Withdrawal: You may withdraw your consent for certain uses of your personal information, subject to legal or contractual obligations.

• Complaint: You may lodge a complaint regarding how your information is handled.

To exercise these rights, please contact us using the details below. For security purposes, verification of your identity may be required before requests are processed.

7. Cookies and Website Analytics 

While The Cart Doctor Pty Ltd does not operate an e-commerce platform, our associated website may use cookies and analytics tools to enhance user experience and evaluate usage patterns. These tools collect non-identifiable aggregated data. You may manage or disable cookies via your browser settings, though some website functionalities may be affected.

8. Complaints and Dispute Resolution 

If you believe we have mishandled your personal information or violated your privacy rights, you may lodge a complaint by contacting us. Complaints will be investigated promptly, and a written response will be provided. If you are not satisfied with our response, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC) for further review and resolution.

9. Policy Updates and Amendments 

We may update this Privacy Policy periodically to reflect changes in law, technology, or our operations. Any significant updates will be communicated through our website or directly to affected individuals where appropriate. We encourage you to review this Privacy Policy regularly for the latest information. You may access our Privacy Policy at any time at www.thecartdoctor.com.au.

10. Direct Marketing 

If you are a customer, we may use your personal and business information that you have provided us (other than your sensitive information as defined by the Privacy Act 1988) for the purpose of direct marketing our products and services to you. If we have obtained your information from someone else (such as a complimentary service provider) then we will take reasonable steps to ensure that you have provided consent to us using that information for the purpose of direct marketing our products and services. In all cases, you can request not to receive direct marketing from us at any time. You can make this request by contacting our office on 0407 899 389 or emailing us at info@thecartdoctor.com.au. Each instance of direct marketing by us will also have an “opt-out” function built into the offer itself, such as an unsubscribe button for email promotions.

We will not provide your personal information to third parties for the purpose of direct marketing by them without your specific consent.

11. Contact Information 

For privacy-related inquiries, complaints, or requests to access or correct your personal information, you may contact us through the following:

The Cart Doctor Pty Ltd The Director

7 Kingsford Smith Court, Sandhurst VIC 3977 Phone: +61 418 139 136

Email: [info@thecartdoctor.com.au]

This Privacy Policy is governed by the laws of Victoria, Australia.

Effective as of 11 May 2025.