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.