Terms & Conditions

ParkHire agrees to grant the End User access to the Website, and the End User agrees to access the Website on, the following terms and conditions:

1)   Our Relationship with You

(a)   If you use this Website and any Services on this website you agree to be bound by the terms and conditions set out below.

(b) These terms and conditions form our agreement with you which will continue to apply from the time you access our Website and until your access is terminated for whatever reason.

(c)   If you refuse to be bound by any of the terms and conditions in this website you must exit the Website immediately and cease using any Services.

(d)  If you Register through this website, you acknowledge that you have had an opportunity to read, and have read, these terms and conditions and agree to be bound by them.

(e) You must be 18 years old to use the Services. If you are not at least 18 years old you may only access the Website.

(f)  You must not access the Website or use the Services on behalf of anyone else. If you do, you agree to be bound by these terms and conditions personally and as agent you will bind your principal.

2)   Our Role

The Website is an internet-based advertising medium that primarily advertises Listing.

We are not an agent for and do not hold out to be an agent for you or anyone else who accesses this Website or uses the Services. We are merely a passive conduit for the on-line distribution and publication of information about Listings.

As a result, we have no control over and, to the extent permitted by law, make no warranties or representations in relation to, the suitability, quality, safety or legality of any Listing or content within any Listing, the accuracy or truth of any Listing or the willingness or ability of a Member Owner and Member Seeker to enter into contract in relation to a Listing.

3)   Use of this Website and Our Services Generally

We do not guarantee that this website or the materials on it will be free from viruses or that access to this website will be uninterrupted We may terminate this agreement and your access to this Website or use of Services at any time without notice and for any reason.

All restrictions, licences granted by you and all of our disclaimers and limitations of our liability and duties of confidentiality will survive termination, although you will no longer be authorised to access this Website.

Any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit. We will honour our obligations to keep your Payment Details secure as set out below and our Privacy Policy generally.

This Website and the information and facilities contained on this website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes our rights.

We reserve the right to permanently ban, and/or notify the appropriate authorities of, any person that uses, or attempts to use, our Website or our Services for illegal or improper purposes, or who posts or publishes, or attempts to post or publish, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.

You access this Website at your own risk and you are responsible for compliance with the laws of your jurisdiction if applicable and these Terms and Conditions.

4)   Prohibited Use

Without limiting any other obligations, you must not:

(a)     data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;

(b)    use any of the content on the Website for any purpose not contemplated by this agreement;

(c)     create links from the Website to any other website, or frame or mirror the Website without our prior written consent;

(d)    use the Website or any facilities available on the Website (whether directly or indirectly) to defame, harass, threaten, menace or offend any person;

(e)     tamper with, hinder the operation of, or make unauthorised modifications to the Website;

(f)     knowingly transmit any virus, worm or other disabling feature to, through or from the Website;

(g)     use the Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or

(h)    violate the security or any security measures of this Website;

(i)      access any data on or from this Website which is not intended for you;

(j)      probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate this Website;

(k)    interfere with service to any other user of this Website;

(l)      use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;

(m)   use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or materials (including submitting ads), which:

(i)         breach any laws or regulations;

(ii)       breach these Terms;

(iii)      infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);

(iv)      are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;

(v)       are false or misleading;

(vi)      are discriminatory in breach of State or Commonwealth anti-discrimination legislation;

(vii)    identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or

(viii)   attempt to do, or permit another person to do, any of the above acts.

5)   Member Owners

This clause applies only to Member Owners

Only a Member Owners may place a Listing provided that:

(a)   You must be at least 18 years of age;

(b)  You own the land referred to in your Listing or have the required legal authority and capacity to make dealings with that land;

(c)   You pay the Listing Fee

(d) All contact & transactions to be conducted via the Park Hire web-site

(e)  You abide by all of terms and conditions of our agreement with you at all times.

Member Owners are responsible for negotiating and entering into their own legal relationship with Member Seekers or any third party in relation to what they may offer or invite in their Listing as you each see fit.

6)   Member Seeker

This clause applies only to Member Seekers

Only a Member Seeker is granted full access to review all Listing provided that:

(a) You must be at least 18 years of age;

(b) All contact & transactions to be conducted via the Park Hire web-site

(c)  You abide by all of terms and conditions of our agreement with you at all times.

Member Seekers are responsible for negotiating and entering into their own legal relationship with Member Providers as you each see fit.

7)   Listing Rates and Payment Terms

Listing Fees are 10% of the Owner’s Fee (including GST). 

A Member Seeker must make payment using a Visa or MasterCard credit card and using the checkout facility on the Website In order to make payment you must provide us with details relating to your method of payment (“Payment Details”).

A credit card processing fee of 2% applies to all payments or charges.

GST is applicable to all charges.

We do not permanently store or record Payment Details.

You irrevocably authorise us to use and temporarily store your Payment Details to process your payment.

If you are not the card holder or account holder relating to the Payment Details then you warrant that you are authorised to provide those Payment Details on behalf of the true card holder or account holder and have obtained all necessary consent to do so.

We will a tax receipt confirming your payment.

Although the Website provides 128 bit encryption to ensure security of your payment details, we do not warrant or represent that this Security will be available at the particular time you access the Website. You must ensure that the Website is secure to your satisfaction when you enter your Payment Details.

8)   Owner’s Fee

Member Seekers pay the Owner’s Fee using the secure Park Hire checkout service.

When a Member Seeker pays the Owner’s Fee, the balance of the Owner’s Fee is displayed as a credit on the Member Owner’s online account which can be accessed through the Website.

Once the Member Owner’s online account is in credit for $100 or more the Member Owner may request (through the Website) that the funds be credited to an Australian bank account nominated by the Member Owner.

A Member Owner may also request any balance of funds to be credited to their nominated bank account upon cancelling their registration and closing their online account.

Until the Member Owner requests the funds to be credited, we may hold such funds on trust.

9)   Content of a Listing

A Member Owner may place a Listing on the Website.

If you place a Listing on the Website you:

(a)   Acknowledge that any information you provide us in relation to your Listing (“Listing Information”) is not confidential and is intended to be published to, and used by, the public.

(b)  Authorise, and if necessary licence us to use, copy, distribute and display your Listing Information in any way we see fit.

(c)   may only include Listing Information and not other information which does not relate to your Listing;

(d)  must ensure that any phone number and email address provided by you is yours, or you must are authorised to provide us with such phone number.

(e)   must ensure that your Listing Information is not misleading, deceptive (to us or any third party) or false in any way.

(f) All contact & transactions are to be conducted via the Park Hire web-site.

We reserve our right refuse to publish any Listing Information provided if would be unlawful, illegal or improper for us to do so.

You are aware that we cannot control how the public may use your Listing Information and agree to release and indemnify us against any claim you may have against arising out of the use by a third party of your Listing Information.

You must obtain the consent of any person who may have moral rights attaching to the Listing Information for you to provide us with the Listing Information.

We will use reasonable endeavours to display your Listing in the format submitted by you and in accordance with your express written instructions,

We make no warranty, representation or promise in relation to how you wish the format, content or presentation of your Listing to appear on our Website.

You may cancel or withdraw your Listing at any time. You will not receive a refund for any fees paid. You agree to release us from any claim to any fees paid by you in consideration for us releasing you from any claim for your early cancellation or withdrawal.

You irrevocably release and indemnify us from and against any claim (contingent or otherwise) you may have against us arising out of or in connection with your entering into an agreement with a third party who was introduced to you from the Website.

You irrevocably indemnify us against any claim a third party may have against us as a result of your use of the Website, including (but not limited to) your Listing.

10)         Change in Circumstances

We rely on the information you provide us when using the Website.

You must immediately notify us if any information you have provided us changes in a material way (“Change in Circumstances”).

For example, if you are a Member Owner you must notify us immediately if your Listing is:

(a)   no longer available;

(b)  withdrawn for any reason;

(c)   placed under a rental agreement (whether with the assistance of this Website or a third party).

You may notify us by accessing your online account through the Website and updating your details.

You agree to indemnify us for any loss we may suffer as a result of your failure to notify us of your Change in Circumstances.

11)         Verification

We may (but do not have to) and if we do you authorise us to, make enquiries to verify any Listing or Listing Information.

We may access any information you have provided to us and/or contact you for the purposes of verification or clarification.

You must provide us with any information we may reasonably require for the purpose of such verification of clarification.

12)         Content on this Website

All information or material contained on this Website (including Listings) is for informational purposes only.

We do not warrant or represent that the information on this Website (including Listings) is true or accurate and will not be held responsible for any errors, omissions or inaccuracies.

You must make your own enquiries to verify any information or material on this Website and rely solely on your enquiries.

Material on this website may contain general information about us and our products and services, or those of other parties with whom we deal or do business.

Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into any contract; and
(b) does not form part of any terms and conditions or any agreement between us and you.

We do not endorse or approve the content posted in Listings.

13)         Other Websites

This Website may, from time to time, include links or references to other websites (“Third Party Sites”).

We do not have control over, do not monitor, and make no warranty or representation of any kind in relation to the use or content published on Third Party Sites. You acknowledge that we cannot reasonably foresee any loss you may suffer from accessing a Third Party Site.

If you access any Third Party Site (whether originally from our Website or not), you do so at your sole risk.

The inclusion on this website of any links to Other Sites does not imply an endorsement by us of any of the Other Sites or the content contained on those sites. We do not warrant the safety or accuracy of the content on any Other Sites and we will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.

14)         Copyright & Trade Marks

The material contained on this Website are owned by or licensed to us. We reserve our rights in relation to all intellectual property contained on the Website.

Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any intellectual property on the Website in any way.

15)         Legislation

We and you may be subject to certain legislation as a result of your using the Website.

In particular, it is likely that your use of the Website will be governed to some extent by the Trade Practices Act 1974 (Cth) and Fair Trading Acts in the various States of Australia.

It is your responsibility to ensure that you comply with all legislation that may apply to you.

16)         Support

We may provide email support to you for technical issues that may arise from your use of the Website from time to time.

You acknowledge that we will use reasonable endeavours when providing support but we are not ultimately required to resolve your technical issue.

17)         GST

GST is charged to the seeker on the toal of the fee payable

18)         Our Liability

We do not warrant or represent that the materials on this Website will be suitable for any particular purpose.

You will not rely on any material in this Website and will rely solely on your own enquiries when deciding whether to use this Website or enter into an agreement with a third party.

In consideration for us granting you access to this Website, you irrevocably release and indemnify us from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this Website or reliance by you or any person upon information or material contained in or downloaded from this Website.

All implied warranties are excluded to the extent permitted by law.

19)         Indemnity

You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of:

(a)   your use of this Website or any of its contents (including, but not limited to Services)

(b)  any breach by you of these Terms and Conditions;

(c)   any actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any Listing;

(d)  any claims brought by or on behalf of any third party relating to any act or omission by you caused by any Listing; or

(e)   any Listing or proposed Listing posted by you on the Website.

20)         Privacy

We may collect personal information about you through this Website, surveys or competitions or if you subscribe to any services provided by Us. This personal information may include your name, contact details and any other specifically requested information (“Information”).

Information collected about you is subject to our Privacy Policy. By your use of the Website, you consent to the collection and use of the Information for storage, processing and use by Us and our affiliates in accordance with the Privacy Policy.

21)         Correspondence from Us

If you are a Member, you consent to receiving correspondence from us to the details you provide us.

If you are a Member Owner or a Member Seeker our correspondence to you may also include information relating to your Listing or Listings generally.

We may also notify you of any changes to the Website or associated websites that may have a direct effect on the content or appearance of your Listing.

22)         No waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

If you do not act in relation to a particular breach by us of these Terms and Conditions of Use, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

23)         No Agency

We are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions of Use.

For the avoidance of doubt, under no circumstances will we act or purport to act nor be responsible to act as your agent for any reason whatsoever, whether in relation to any particular transaction or otherwise.

24)         No Assignment

You must not assign or purport to assign any interest you may have under this agreement.

25)         Changes to these Terms

We may need to change these Terms and Conditions for any reason from time to time.

We may change the Terms and Conditions at any time (“Changed Conditions”) by posting the changed Terms and Conditions on this Website and you agree that we may properly and effectively serve you with notice of the Change Conditions in this way.

If you are a Member Provider, the Changed Conditions may not apply to our agreement with you.

26)         Entire Agreement

This agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.

27)         Severability

If any of these Terms and Conditions are invalid, unenforceable or illegal (“Irregularity”), that term will be struck out to the extent of such Irregularity and this agreement will otherwise remain in force.

28)         Governing Law

This agreement and your relationship with us pursuant to this agreement are governed by the laws of Western Australia, Australia.

If you access the website from outside Australia, you agree to be bound by the laws of Western Australia, Australia.

You acknowledge that the most appropriate legal jurisdiction that applies to this agreement is Western Australia, Australia.

You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Western Australia for the purpose of resolving any disputes pursuant to this agreement.

The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention does not apply to this agreement.

29)         Definitions and Interpretation

“End User” means the individual who accesses this Website from time to time. Unless expressly stated otherwise, a reference to you/your/user/member/ is a reference to the End User. A Member Provider or Member Seeker is also End User.

“Listing” means a notice, advertisement, invitation, posting or publication on the Website issued at the direction of a Member Provider and relating to space or land which is available for use.

“Listing Fee” means the fee so described and payable by a Member Owner under clause 7).

“Member Provider” means an End User who has placed a Listing on the Website and is registered so.

“Member Seeker” means an End User who accesses the Website to seek and review Listings, or posts a wanted listing and is so registered.

“Owner’s Fee” means the fee paid by the Member Seeker to the Member Owner in connection with the Member Owner’s Listing.

“ParkHire” means the business carried on at the Website and trading under ABN 67 949 835 033. Unless expressly stated otherwise, a reference to us/we/our/the service provider is a reference to ParkHire and its employees, servants and agents.

“Privacy Policy” (insert hyperlink) means the policy statement so described and issued by ParkHire on the Website from time to time.

“Services” means any of the facilities, products, services provided or offered by us on the Website including any searching facilities, interactive maps, interactive calendars and services provided for no monetary charge.

“Subscription Fee” means the fee so described and payable by a Member Seeker under clause 7).

“Website” means all sites and pages (and any part thereof) accessible from time to time from the domain name “parkhire.com.au”, and all content therein.

In Australia & NZ

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