Terms of Service
Last updated: May 2026
This document is provided for information and does not constitute legal advice.
1. About these terms
These Terms of Service ("Terms") form a binding agreement between Anthony Phillip Carle trading as MDMS ("MDMS", "we", "us"), based in Queensland, Australia, and the person or entity that subscribes to the Service ("Customer", "you"). By creating an account or using the Service you accept these Terms.
2. Definitions
- Service — the Modern Dealer Management System web application and related services.
- Customer Data — data you or your users upload to or generate within the Service.
- Subscription Term — the period for which you have paid or are entitled to use the Service.
- Fees — the subscription, usage and other charges for the Service.
- ACL — the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
3. Eligibility and accounts
You must be at least 18 years old and authorised to bind the business you represent. You are responsible for the security of your credentials, all activity on your account, and ensuring your users comply with these Terms.
4. Trial, subscription and renewal
New accounts receive a 14-day free trial. After the trial you must select a paid plan to continue using the Service. Paid subscriptions renew automatically each billing period (monthly or annually) unless cancelled before the renewal date.
5. Fees, GST and payment
Fees are payable in advance in Australian dollars. Unless stated otherwise, prices are exclusive of GST, which will be added where applicable. Invoices are due on receipt. We may suspend the Service if Fees are more than 14 days overdue. We may change Fees with at least 30 days' notice before your next renewal.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service enquiries and handles returns. Your purchase is also subject to Paddle's Buyer Terms, which govern payment, billing, tax, cancellations and refunds.
6. Acceptable use
You agree not to:
- use the Service unlawfully, fraudulently, or in breach of any person's rights;
- upload malware or attempt to disrupt or gain unauthorised access to the Service;
- reverse engineer, copy, resell, or sub-licence the Service except as permitted by law;
- use the Service to send spam or unsolicited communications in breach of the Spam Act 2003 (Cth).
7. Customer Data and licence
You retain ownership of Customer Data. You grant us a non-exclusive licence to host, copy, transmit and display Customer Data solely to provide and improve the Service. You are responsible for ensuring you have the rights to upload Customer Data and that doing so does not breach any law.
8. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
9. Confidentiality
Each party will keep the other's confidential information confidential and use it only to perform this agreement, except where disclosure is required by law.
10. Intellectual property
MDMS and its licensors own all intellectual property in the Service, including software, documentation, designs and trademarks. Nothing in these Terms transfers that ownership to you.
11. Service availability and support
We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. We may perform scheduled maintenance and emergency maintenance. Support is available via the channels published on our website during Australian Eastern business hours.
12. Third-party integrations
The Service may integrate with third-party products (such as accounting, payment, email or messaging providers). Those products are provided by their vendors and governed by the vendor's terms; we are not responsible for them.
13. Australian Consumer Law
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 and to a refund for the unused portion, or to compensation for its reduced value, and to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have the problem fixed in a reasonable time and, if it is not, to cancel your contract and obtain a refund for the unused portion.
14. Warranties and disclaimers
To the extent permitted by law, and subject to clause 13, the Service is provided "as is" and we exclude all implied warranties, conditions and guarantees. We do not warrant that the Service will be error-free or meet every requirement of your business.
15. Limitation of liability
Subject to clause 13 and to the extent permitted by law, our total aggregate liability to you for all claims under or in connection with these Terms is limited to the Fees paid by you to us in the 12 months immediately before the event giving rise to the claim. Neither party is liable for indirect, consequential, special, or punitive damages, or for loss of profit, revenue, goodwill or data, except where such limitation is prohibited by the ACL.
16. Indemnity
You indemnify us against any third-party claim arising out of (a) your breach of these Terms, (b) your Customer Data, or (c) your misuse of the Service, except to the extent caused by our negligence or wilful misconduct.
17. Suspension and termination
We may suspend or terminate your access for material breach (including non-payment) or where required by law. You may cancel at any time from within the Service. On termination we will make Customer Data available for export for 30 days, after which it may be permanently deleted.
18. Refunds
Refund entitlements are set out in our Refund Policy, which forms part of these Terms and operates alongside (not instead of) your rights under the ACL.
19. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, network outages, government action, war, or pandemic.
20. Changes to these terms
We may update these Terms from time to time. We will give you at least 30 days' notice of any material change by email or in-app notice. Continued use after the effective date constitutes acceptance.
21. Governing law and jurisdiction
These Terms are governed by the laws of the State of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia sitting in Brisbane.
22. Dispute resolution
Before commencing proceedings (other than for urgent interlocutory relief) the parties will attempt in good faith to resolve any dispute by negotiation. If unresolved after 30 days either party may refer the dispute to mediation or to the courts of Queensland.
23. General
These Terms are the entire agreement between the parties. If any clause is unenforceable, the rest continues in effect. You may not assign these Terms without our consent. Notices must be in writing and sent to the addresses on the parties' records.
24. Contact
Anthony Phillip Carle trading as MDMS
Queensland, Australia
legal@moderndms.com.au