1. Definitions:

Facilitator means a party that introduces or connects customers with independent third parties and provides access to shared facilities or learning environments, but does not perform, manage, supervise or control services carried out by those third parties.

MENTOR means an independent third party introduced through VCCH who may provide guidance, demonstration or assistance in relation to vehicles, but who is not an employee, agent or contractor of VCCH.

2. Nature of VCCH Services:

VCCH acts solely as a facilitator and learning hub. VCCH does not perform mechanical, electrical, body, restoration, engineering or certification services unless expressly agreed in writing.

Any practical work on vehicles is undertaken independently by the Customer and/or a MENTOR. VCCH does not manage, supervise, direct or control the manner in which any work is carried out.

Nothing in these Terms creates a relationship of partnership, employment, agency or joint venture between VCCH and any MENTOR.

3. MENTORS and MENTORING

MENTORS introduced through VCCH are independent third parties. VCCH does not assess, certify, verify or warrant the qualifications, competence or suitability of any MENTOR.

Any guidance, demonstration or assistance provided by a MENTOR is provided for educational or experiential purposes only and does not constitute professional mechanical, engineering, inspection or certification services.

The Customer is responsible for satisfying themselves as to the suitability of any MENTOR and for determining whether any advice or assistance should be followed.

4. Customer Acknowledgements

The Customer acknowledges that vintage and classic vehicles may contain hidden defects, non-compliant modifications or age-related deterioration that may not be apparent.

The Customer acknowledges that they do not rely on VCCH or any MENTOR to assess, approve, warrant or guarantee the safety, roadworthiness, compliance, performance or value of any vehicle.

The Customer accepts that any decisions made in relation to their vehicle are made at their own discretion and risk.

5. Risk and Custody of Vehicles

Unless otherwise agreed in writing, vehicles remain at the Customer’s risk at all times while on VCCH premises, except to the extent that loss is caused by VCCH’s failure to comply with non-excludable statutory obligations.

VCCH does not assume responsibility for loss or damage arising from the condition, operation or modification of any vehicle, except as required by law.

6. Insurance

VCCH maintains insurance appropriate to its role as a facilitator and premises operator.

7. Limitation of Liability

To the maximum extent permitted by law, VCCH excludes liability for any indirect or consequential loss, including loss of use, loss of value or economic loss.

Where liability cannot be excluded, VCCH’s liability is limited, at its option, to the resupply of the services or the cost of having the services resupplied.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot be excluded under the Australian Consumer Law.

8. Indemnity

The Customer indemnifies VCCH against third-party claims, losses or liabilities arising from the Customer’s use or operation of a vehicle or activities undertaken with a MENTOR, to the extent permitted by law.

This indemnity does not apply to loss caused by VCCH’s breach of non-excludable statutory obligations.

9. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute in good faith through informal discussions, where practicable, before commencing formal proceedings.

10. Entire Agreement

These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions, representations or understandings.

11. Invoicing and Payments

VCCH may invoice you for work performed by an introduced MENTORS and pass payment on to that MENTOR. This payment arrangement is for administrative convenience only and does not create an employment, agency or subcontracting relationship between VCCH and the MENTOR.

12. Technical Advice

Any technical advice provided by VCCH or MENTOR:

• Is based on experience, discussion and available information;
• Is not engineering certification, inspection or safety sign-off;
• May not identify all faults, risks or required works.

You acknowledge that vintage and classic vehicles may have hidden defects and that further inspection or specialist advice may be required, particularly for safety-critical systems.

13. Assumption of Risk

You acknowledge that work on vintage and classic vehicles involves inherent risks, including mechanical failure, safety defects, property damage and loss of value. You accept those inherent risks to the extent permitted by law.

14. Australian Consumer Law

Nothing in this document excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded.

MENTORS provide services as private individuals, not “suppliers”.  Any ACL obligations apply only to VCCH, not to MENTORS.

15. Limitation of Liability (ACL s 64A)

To the extent permitted by section 64A of the ACL, where services supplied by VCCH are not of a kind ordinarily acquired for personal, domestic or household use, VCCH’s and MENTOR’s  liability for any failure to comply with a consumer guarantee is limited, at VCCH’s option, to:

1. The supplying of the services again; or
2. The payment of the cost of having the services supplied again.

16. Exclusion of Consequential Loss

To the maximum extent permitted by law, VCCH nor MENTORS are not liable for indirect or consequential loss, including loss of use, loss of enjoyment, loss of value, or economic loss arising from work performed by introduced individuals.

17. Release

To the extent permitted by law, you release VCCH and MENTORS from claims arising from:

• The acts or omissions of independent individuals;
• Your reliance on general technical information provided by VCCH;

except to the extent such claims arise from VCCH’s or MENTOR’s own failure to comply with non-excludable obligations under the ACL.

18. Indemnity

You agree to indemnify VCCH and MENTORS against claims by third parties arising from:

• Use or operation of your vehicle;
• Work performed on your vehicle by introduced individuals;

except to the extent the claim arises from VCCH’s or MENTOR’s breach of non-excludable legal obligations.

19. Nationwide Application

This acknowledgment applies to all services provided by VCCH  or MENTORS anywhere in Australia.

20. Governing Law

This agreement is governed by the laws of New South Wales