TERMS AND CONDITIONS

Current as at 1 March 2019

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I. Retail Terms and Conditions

Mazda Roadside Assistance offers reliable and secure roadside assistance 24 hours a day, 365 days a year. To access Mazda Roadside Assistance, simply call us on 1800 034 411. Please have the following information ready when you call:

• Your name and telephone number
• Your breakdown location (stating the nearest cross street where possible)
• Your vehicle registration number
• A description of the problem

II. Who is the Roadside Assistance Provider?

Roadside Assistance under your Mazda Roadside Assistance membership is provided by Assist Australia ABN 59 072 530 217 (“Assist Australia”). Whenever you request roadside vehicle assistance under your membership, you will be making that request to Assist Australia, who will provide the services on the terms and conditions set out below. The terms and conditions contain exclusions and limitations.

III. Eligibility criteria 

In order to be eligible for roadside assistance (premium), your vehicle must be a roadworthy well maintained vehicle that is not more than 7 years of age. You will not be eligible to purchase roadside assistance (premium) if your vehicle is more than 6 years of age. If your vehicle is not a roadworthy well maintained vehicle, we may still arrange a roadside assistance provider to service your callout but we will inform you of the cost that will be charged to provide you with assistance. This cost will be your responsibility. Additionally, your vehicle must be mobile at the time that your membership commences. If your vehicle is not mobile, a service fee is charged when a new roadside assistance policy is established and assistance is required within the initial 48 hours or if the vehicle has a pre-existing condition requiring assistance. The service fee is $200.20 (inc. GST) and is charged in addition to your annual premium. The service fee covers the initial callout of the roadside assistance provider only; you will not be able to access any other entitlements under your policy for pre-existing conditions and/or for any incident that occurs within the initial 48 hours from purchasing your policy. Note, the standard limits set out in these terms and conditions (such as for towing) also apply.

IV. Please stay with your vehicle 

Once a roadside service provider has been called, it is important that you remain with your vehicle if it is safe to do so. Should we arrive at the scene of the breakdown and the vehicle is unattended, we will be unable to carry out any work and payment may be required for any subsequent callouts to assist with the same incident. If you require assistance and have to leave your vehicle for safety reasons, please advise the customer service assistant at the time of the initial call.

V. Tele-Assist

Once our customer service assistant receives your call, we will provide general advice about the operation of your vehicle. If your vehicle is immobilised, we will provide an over the phone diagnosis (where possible) to get your vehicle mobilised.

VI. Roadside Assistance

If our customer service assistant is unable to get your vehicle mobilised over the telephone, we will dispatch a service provider to assist in the following ways:

1. Flat batteries

Flat batteries can occur. If you find yourself immobilised with a battery problem, we will attend to your vehicle, test the battery for performance, jump start the flat battery or coordinate a battery replacement if required. Where the battery is not covered under the Mazda vehicle warranty period, the cost of the replacement battery will be charged to you.

2. Emergency fuel

If your vehicle runs out of fuel, we will provide sufficient petrol or diesel for you to travel to the nearest available petrol station. If you drive an LPG fuelled vehicle, we will tow your vehicle to the nearest petrol station, subject to the towing limits set out below.

3. Flat tyres

If you find yourself with a flat tyre, we will change it with the vehicle’s serviceable spare wheel. Should additional services be required beyond this due to; your vehicle is not equipped with a spare wheel, multiple flat tyres, the spare tyre being unserviceable or un-roadworthy, replacement wheel studs/nuts not being available or locking wheel nut key not available, we will transport the vehicle to an approved tyre outlet or authorised repairer, whichever is the nearest (subject to the towing/transportation limits) at your cost.

Where the vehicle has a tyre repair kit (sealant gel and inflation pack) in lieu of a spare tyre, but the repair kit is not suitable to affect a temporary repair, we will tow your vehicle to the nearest petrol station, subject to the towing limits set out below.

4. Lost or locked keys

If you lose your keys or lock them in your vehicle, we will provide all reasonable assistance (subject to proof of ownership shown) to:

• locate and deliver a spare key or
• arrange for the driver to retrieve the spare key, if this is more practical; or
• gain access to your vehicle (once a consent and indemnity form has been signed by you) or
• arrange the attendance of a locksmith to the value limit of $150.00 (inc. GST) with any additional costs at the expense of the driver

In all other situations where the key is not available, we will arrange to transport the vehicle to an authorised repairer, where the appropriate entry methods may be used. We will not be responsible for any damage incurred, or for any repair costs that result from gaining access to the vehicle or moving the vehicle while it is locked. A limit of $150.00 (inc. GST) applies to this benefit. All additional costs are your responsibility.

5. Towing/transportation

If your vehicle cannot be driven due to a breakdown, it will be transported to the nearest Mazda Dealership. If the vehicle requires towing after business hours, towing and appropriate storage arrangements can be arranged by the attending Assist Service Provider. If you elect to have your vehicle towed to an alternative location, this will be provided up to a limit of 50km from the breakdown location to an alternate Mazda Dealership or servicing dealer. Any additional towing costs charged in excess of this limit will be at your expense.

If you’re carrying a Trailer or Caravan and it is deemed to be in an unsafe location, it will be towed to a safe location at no charge. If towed to the same location as your vehicle, the cost of the tow till be covered up to the limit of $250, additional towing costs in excess of this will be at your expense.

6. Accident Coordination

Following an accident, we will coordinate towing arrangements and will also provide advice on accident procedures. If required, we will coordinate alternative transport to enable you to continue your journey. All accident towing and alternative transport costs are your responsibility. (Note that these costs, subject to the payment of any excess, may be recoverable from your insurance company under an appropriate insurance policy).

7. Bogged vehicle

We will attend and recover your vehicle from a bogged situation provided that reasonable and safe access is available to a conventional two wheel drive recovery vehicle and no other specialist equipment is necessary. Should specialist equipment and/or towing become necessary, services may be provided at our discretion, but all additional costs will be at the driver’s expense.

8. Urgent message relay

Following a breakdown or accident, we will relay urgent messages to family, friends or business associates likely to be affected or concerned by the disruption or delay and/or provide advice on local transport options and alternatives.

9. Taxi

If your vehicle cannot be mobilised due to a breakdown and must be transported to the nearest authorised repairer, we will provide one taxi ride per incident, to a maximum value of $110.00 (inc. GST) so you and your passengers can continue your journey to the nearest town or within the same city where the breakdown occurred.

10. Customer Support Service

Customer support services will be extended to you and up to four passengers of your vehicle without limitation to the number of calls and/or claims made, providing the total value of customer support services (per membership) will not exceed a maximum total of $1,100.00 (including GST) for any breakdown per annum, should the following incidents occur:

Mechanical breakdown related incidents are where your vehicle has become disabled due to (non-collision related) mechanical failure or automotive related (non-mechanical) Driver fault and will, as reasonably determined by the Assist Service Provider, be disabled for a period greater than 24 hours;

The following Customer support services are provided should your vehicle experience one of the incidents above, greater than 100 kilometres from the home address of the Driver:

• Emergency accommodation

Accommodation we will provided for up to three (3) nights to a maximum value of $150.00 (inc. GST) (room cost only) per night should you decide to remain with your vehicle while it is repaired locally, or if alternative transport is unavailable. Any amounts charged in excess of this limit will be at your cost.  Where accommodation is combined with car rental benefits, accommodation will be provided for up to two (2) nights to a maximum value of $150.00 (inc. GST).

• Car rental

We will provide a rental vehicle in the event your vehicle becomes; immobilised due to mechanical breakdown, car accident or involved in a vehicle theft related incident, rental vehicle benefits will be provided either:

a) when combined with accommodation for up to two (2) days to a maximum value of $100.00 (inc. GST) per day; or

b) to continue the journey will be provided for up to three (3) days to a maximum value of $100.00 (inc. GST) per day.

Rental vehicle benefits will be subject to the availability of a suitable rental vehicle in the local area and is subject to any conditions or restrictions (such as age limitation) imposed by the rental company.  Any amount charged in excess of this limit will be at your cost.  You will be responsible for all fuel costs, toll charges, insurance excess reduction, excess kilometre charges, any traffic infringements, any damage and any excess or insurance waivers on the rental vehicle.

• Alternate Transportation

Where a car rental is not available or where the rental car company refuses to provide a rental car to you due to your age or driving licence limitations or restrictions, or for any other reason beyond Assist Australia’s control, alternative transportation can be provided to your home address or intended destination up to a maximum limit of $450.00 (including GST) where your vehicle cannot be repaired locally or repaired within less than three days.

• Vehicle relocation

Vehicle relocation will be provided where your vehicle has a breakdown more than 100 kilometres from your home and cannot be repaired on the same day. If you have left the vehicle to continue your journey, we will deliver your repaired vehicle to your home or intended destination.  Alternatively, return transport will be provided to enable the driver to pick up the repaired vehicle.

11. Legal Assistance

Limited legal advice in relation to vehicle accident and servicing matters may be provided by phone. Any advice provided will be conducted confidentially by telephone and will not include personal interviews, or written advice.

12. Medical Advice

Assist Australia can arrange telephone medical advice provided by a qualified nurse or doctor. Medical advice may also be extended to any direct family members if they are travelling with you in the vehicle. You will be responsible for all associated medical costs.

VII. Exclusions and limitations

1. Remote Areas - (included in the term “Remote” are those areas which are sparsely populated).

Where a breakdown occurs in a remote (sparsely populated) area, roadside assistance will be provided by the Assist Service Provider however, service delivery may be subject to delays due to the breakdown location, Assist Service Provider availability and accessibility. 

Assist Australia reserves the right to make alternative service arrangements for you or the driver of your vehicle who experience a breakdown in remote (sparsely populated) locations in an effort to reduce the impact of delays and other inhibiting factors brought about by the breakdown location to ensure customer satisfaction is maintained.

2. Towing Limitations

Towing will only be provided for your vehicle with a Gross Vehicle Mass (GVM) that does not exceed 3,500 Kg at the time of breakdown. Vehicles exceeding these limitations will be offered towing at your expense.

3. Service Limitations

Services in relation to roadside assistance will be refused where the Assist Service Provider has determined that:

• your vehicle has been participating in any form of motor sport; or
• you or the driver have been engaged in unlawful activity or driving under the influence of alcohol or drugs; or
• there is a perceived safety risk to person or property in the reasonable opinion of the Assist Service Provider.

4. Trafficable Roads and Bogged Vehicle  

Service will only be provided to your vehicle if immobilised on constructed roads/ driveways that are legally trafficable by conventional two wheel drive vehicles or the towing/recovery vehicle (where required) as determined by the Assist Service Provider.

Where your vehicle becomes immobilised off a legally trafficable road such as beaches, open fields or creek beds, vehicle rescue may be arranged at the discretion of the Assist Service Provider and subject to any costs associated with the use of special equipment.

5. Special Equipment

Special equipment is equipment not normally operated by or made available to the Assist Service Provider, or equipment normally operated by the Assist Service Provider where the use or method of use, is not normally associated with the provision of roadside assistance services.

Special equipment may include go jacks, dolly wheels, power winches, extended cables and 4WD towing vehicles. Should special equipment be necessary to effectively deliver service or where the Assist Service Provider has to return to their service facility to obtain any special equipment required, the limit for use of special equipment up to $250.00 (including GST) will apply. Any amount in excess of this limit will be at your cost;

6. Natural Disasters/Industrial Disputes

Assist Australia reserves the right to alter or offer alternative assistance where a natural disaster (such as a flood, storm or fire) or an industrial dispute places extraordinary demands on the provision of service.  Where your immobilised vehicle cannot be reached, for example due to a natural disaster or an industrial dispute, the Assist Service Provider will use best endeavours to provide whatever alternative assistance is practicable under the circumstances. Any such assistance will be at the discretion of Assist Australia and will not be unreasonably withheld.

7. Collision / Accident

Where your vehicle is damaged due to a collision or impact with any object, whether caused by mechanical failure or for any other reason including fire, or for any other incident generally covered by motor vehicle insurance, will not be provided with service.

8. Roadside Assistance - Home

Assistance for your vehicle can be provided at your home address in the same way as at roadside.  However, during times of peak demand, ‘at roadside’ calls will be given priority over that of ‘at home’ calls for assistance.

9. Unattended Vehicles

If your vehicle is found to be unattended you will not receive service under any circumstance.  Either you or the driver must wait with the vehicle until the Assist Service Provider arrives.  If you have elected an authorised representative, this representative must hold a current motor vehicle drivers licence in case your vehicle is required to be moved.

Where your vehicle is found to be unattended, and should peak demand or any other circumstance inhibit the Assist Service Provider in waiting, the roadside assistance job will be cancelled.

10. Attempted Repairs

Where the Assist Service Provider attends a roadside assistance call and under initial inspection reasonably considers a third party attempt to repair your vehicle has occurred and caused damage and your vehicle cannot be started or driven without further potential risk of damage, service may be refused.  Towing under these circumstances will be will be charged to you.

11. Caravan and Trailer

Service will not be provided for caravans or any other form of trailer body. However, should the your vehicle experience a roadside breakdown whilst encumbered by a caravan or trailer body, towing for the caravan or trailer body can be provided at the discretion of the attending Assist Service Provider.

12. Cargo

Assist Australia and its Service Providers will accept no responsibility under any circumstance for the security or loss associated for whatever reason, with your immobilised vehicle’s cargo which may result from delays in providing roadside assistance or towing.

13. Taxis

Taxis are exempt from services under this Agreement. Service may be offered to a taxi vehicle that has become immobilised due to a breakdown at your expense.

14. Neglect or abuse

Assist Australia will not be responsible for additional or increased costs and expenses as a result of the following:

• Where additional costs are incurred by Assist Australia resulting from product abuse or neglect by you of your vehicle, these will be at your expense; or
• Any additional or increased costs due to repeated incidents by you of a similar nature in which it can be reasonably determined that the frequency and/or type of incident is as a result of your negligence, these will be at your expense.

15. Repair costs

Assist Australia will not be responsible for any costs in relation to parts or any other associated costs for the repair of your vehicle, other than minor breakdown repairs to facilitate the immediate mobilisation of your vehicle.

16. Vehicle Relocation

Where your vehicle is entitled to vehicle relocation Services, vehicle relocation will be provided by means at Assist Australia’s discretion, from a Mazda Dealership or Assist Australia local service facility to your home address or intended destination at Assist Australia’s expense.

VIII. Transfer of cover

Your membership is fully transferable to the new owner of the vehicle at any time during the membership period. Please contact us on 1800 034 411.

IX. Policy cancellation

You may choose to cancel your membership at any time however no pro rata refunds will be given to you on unexpired policies merely because you decide you do not want the membership.

X. Australian Consumer Law

Despite anything contained in these terms and conditions, the Australian Consumer Law (ACL) gives you statutory rights including guarantees and remedies that cannot be excluded or modified by these terms and conditions. The ACL guarantees and remedies include (depending on the type of failure, fault, or defect and whether major or minor) repair or replacement, a refund, compensation for reasonably foreseeable loss or damage, or a resupply of services if the goods or services do not meet the standards required by the ACL.

XI. Privacy

Assist Australia collects personal information from you and other persons who request roadside assistance for your vehicle to enable us to administer and provide you with roadside assistance, including to arrange services to be supplied to you by third parties where appropriate. Assist Australia may exchange your personal information with Mazda, Australian Motoring Clubs and our related bodies corporate, agents, sub-contractors and other service providers (such as call centre providers, towing operators, accident management providers, car rental companies and information technology providers) for these purposes and any other purpose you have consented to or as authorised by law. If you provide personal information about another person to us or our agents or contractors, you warrant that this information is provided with the consent of the individual concerned and that you have the authority to act on their behalf.

You will make sure that any persons permitted to request roadside assistance for your vehicle have been made aware of this privacy statement.

For more information about how Assist Australia approaches privacy, please contact Privacy Officer at Assist Australia, Level 9, 459 Little Collins Street Melbourne VIC 3000 or by email at privacy@theamsgroup.com.au or read our Privacy Policy (available at www.assistaustralia.com.au). Our Privacy Policy contains information about how you can gain access to or seek correction of personal information that Assist Australia holds about you. It also contains information about how you can make a privacy complaint and how Assist Australia will deal with it.

XII. Definitions

In these terms and conditions, the following words have the following meanings:

accident: a vehicle damaged by impact or collision of any nature, or by attempted or successful theft or break in to the vehicle.

authorised repairer: a Mazda dealership, a servicing dealer or a repairer that has been authorised and approved by Mazda to undertake workshop repairs to the vehicle, or in areas where no authorised repairers are located, a repairer recommended by us.

breakdown: mechanical or electrical fault which has caused the vehicle to be immobilised or become unsafe to drive (whether in transit or otherwise). Breakdown can also include a flat tyre, flat or faulty battery, a vehicle which has run out of fuel or keys which have been locked in the vehicle or lost.

callout: roadside assistance provided by our customer service assistant over the telephone or by us or a service provider at or from the breakdown location.

home: your home or business address as registered on our roadside assistance system.

Mazda: Mazda Australia Pty Limited (ABN 78 004 690 804) of 211A Wellington Road, Mulgrave, VIC, 3170.

minor breakdown repairs: minor repairs of an immobilised vehicle (including components up to a cost of $100.00 (inc. GST) to facilitate the immediate mobilisation of the vehicle. It does not include workshop repairs which may require diagnostic equipment or parts or repairs and does not include servicing of vehicles.

mobile or mobilised: means moving or capable of moving using the vehicle’s own power and as intended by the manufacturer when operating normally. “Immobile” and “immobilised” have the corresponding meaning.

pre-existing condition: any condition or defect requiring assistance (including callout assistance) or which generates assistance to be required which was apparent or reasonably suspected prior to purchasing the policy.

roadworthy well maintained vehicle: maintained vehicle that is mechanically sound and otherwise fit to be operated and driven on Australian roads. The vehicle will comply with the minimum safety and other standards required by Australian road safety and transport laws and regulations and also be maintained and serviced by qualified personnel to the vehicle manufacturer’s recommended standards and specifications set out in the vehicle service booklet and instruction manual.

service fee: the service fee is a $200.20 (inc. GST) amount effective March 2019. The service fee covers the initial callout of the roadside assistance provider only. All other items are at additional customer cost.

service provider: a mobile mechanic, tow truck operator or other roadside assistance provider nominated by us.

serviceable spare: a wheel and tyre that is ready and able to be fitted to mobilise your vehicle after changing a flat tyre.

vehicle: your nominated vehicle registered on our roadside assistance system.

we or us or our: Assist Australia, our employees, agents, contractors, and related companies.

you or your: the Mazda Roadside Assistance member.