In this Agreement, unless the contrary intention appears:
These Terms and Conditions shall apply to the supply of Services by the Service Provider to You.
All orders, however made, are accepted upon these Terms and Conditions, which shall override any Terms and Conditions incorporated or referred to by You in writing, orally or otherwise.
It is expressly agreed that no variation or alteration of this Agreement shall be effective unless in writing and signed by a duly authorised signatory of each Party.
No failure by the Service Provider to object to any Terms and Conditions incorporated or referred to by You in writing, orally or otherwise shall be deemed a waiver of these Terms and Conditions or an acceptance of the Your Terms and Conditions by the Service Provider.
These terms and conditions must be read in conjunction with our Privacy Policy, Renter Terms and Conditions and Owner Terms and Conditions.
Without the written consent of the Service Provider first obtained, no employee, agent or sales representative of the Service Provider has the authority to attend, alter or enlarge these terms and conditions.
Any instructions received by the Service Provider from You for the supply of Services and/or Your acceptance of Services supplied by the Service Provider, shall constitute acceptance of the Terms and Conditions contained herein.
Placing an order presumes knowledge and acceptance of these Terms and Conditions. Upon placing an order, You shall receive a written acknowledgment of the order, which does not constitute a binding contract until the Service Provider accepts Your order by written confirmation via e-mail.
Where more than one Party has entered into this Agreement, the Parties shall be jointly and severally liable for all payments of the Price.
None of the Service Provider's agents, employees, representatives or subcontractors are authorized to make any representations, statements, conditions or agreements not expressed or authorized by the manager of the Service Provider in writing nor is the Service Provider bound by any such unauthorized representations, statements, conditions or agreements.
By using the Website, You signify Your agreement to be bound by these Terms and Conditions and our Privacy Policy. Please read this Agreement and the Privacy Policy carefully before using the Website.
This Agreement is formed between You and the Service Provider.
If You do not agree to any Terms and Conditions of this Agreement, You must not use the Website.
We reserve the right to make changes to this Agreement from time to time at Our sole discretion. By continuing to use the Website, You agree to be bound by the changes.
We will endeavor to alert You to any significant changes to this Agreement next time You log into Your account. You should regularly check this Agreement to make sure You are familiar with the most current version.
You must be a registered member to post on the Website. When registering and activating Your account, You will provide Us with personal information such as Your name and address, and a valid e-mail address. You must ensure this information is accurate and current.
You represent and warrant that:
You are entirely responsible for maintaining the confidentiality of the information You hold for Your account including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential.
You agree to notify Us immediately of any unauthorized use of Your account or password, or any other breach of security, and take immediate steps to re-secure Your account (including by changing Your password).
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Use of this Website that may hinder the use of other internet users, that can endanger and/or jeopardize the functioning of this Website and/or affect the information provided on or via this Website or the underlying software, is not permitted.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
You grant Hire My Trailer (Australia) Pty. Ltd. your ongoing consent to use your information to promote and market Hire My Trailer (Australia) Pty. Ltd. products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS). We may continue to provide this information to you until you indicate otherwise. You may opt out of receiving marketing email and SMS communication by clicking unsubscribe (email), stop (SMS), or contact Hire My Trailer at admin@hiremytrailer.com.au
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, is the sole responsibility of the person from whom such content originated.
You understand that We do not control and are not responsible for content made available through the Website or unless it originates from Us. Consequently, by using the Website You may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at Your own risk and to the extent permissible at law, We do not accept liability in this regard.
As a member of Our Website, You agree that You are responsible for any content submitted, posted or made available through the Website via Your account and You must not post (or allow) content to be posted through your account that:
Although We provide rules for user conduct, We do not control or direct users' actions on this Website and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, defamatory, unlawful or otherwise objectionable content or information You may encounter on this Website. We are not responsible for the conduct, whether online or offline, of any user of this Website.
Without prejudice to Our other rights under these Terms and Conditions, if You breach these terms of use in any way, We may take such action as We deem appropriate to deal with the breach, including:
If We take any of the above actions, You may be prevented from accessing all or parts of the Website, Your account details or other content contained in Your account.
We will not be liable to You for any loss or damage that You suffer because We exercised Our rights under this clause.
The terms and conditions under which your trailer is hired by are set out at Terms and Conditions.
The terms and conditions under which you rent/hire a trailer is are set out at Terms and Conditions.
We may, due to reasons beyond Our control (including but not limited to technical malfunction), temporarily or permanently, at Our discretion and without prior notice, stop providing access to the Website. We shall not be liable to You (including, but without limitation, in negligence) or be deemed to be in breach of contract by reason of any delay of service, or failure to provide service, if the delay or failure was due to any cause beyond Our reasonable control.
We aim to provide a positive experience for You. We reserve the right to change the Website at any time. We do not guarantee that You will be able to access the Website in the same way or with the same equipment or software You used prior to the change.
The information provided on or via this Website should not be used as a substitute for any form of advice. Decisions based on this information are for Your own account and risk.
Although We attempt to provide accurate, complete and up to date information, which has been obtained from sources that are considered reliable, We make no warranties or representations, express or implied, as to whether information provided on or via this Website is accurate, complete or up to date.
We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
Messages that You send to Us by e-mail may not be secure. We recommend that You do not send any confidential information to Us by e-mail. If You choose to send any messages to Us by e-mail, You accept the risk that they may be intercepted, misused and modified by a third party.
Where Our Website provides hypertext links to third party websites, such links are not an endorsement by Us of any product or services provided on or via such websites. The use of such links is entirely at Your own risk and We accept no responsibility or liability for the content, use or availability of such websites.
Neither Us nor any of Our agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if We are advised of the possibility thereof) arising in any way from, including but not limited to:
The exclusion of liability is also made for the benefit of directors and employees of the Service Provider.
The Service Provider's aggregate liability to You in respect to any occurrence attributable to negligence, whether for breach of contract, misrepresentation, or otherwise, shall in no circumstances exceed the price paid by You to the Service Provider with respect to the services in question.
If anyone brings a claim against Us or Hire My Trailer (Australia) Pty. Ltd. related to Your actions, content or information on this Website, you will at all times indemnify and hold:
At the Service Provider's discretion, the Price shall be the quoted Price on the Website which shall be binding upon the Service Provider and You.
You must review Your order carefully before placing it. Once an order is confirmed, You are unable to cancel or change it.
The Prices on this Website are shown in Australian dollars and the Service Provider and You agree that services shall not be provided until You have paid the Service Provider all amounts owing.
Prices are current at the time of display but are subject to change.
Payment will be made by Credit Card.
If Your payment is not received or is declined by Your bank or credit card issuer, We cannot issue the Service until payment is received in full.
Each payment by You must be calculated and made without, and free and clear of any deduction for set-off or counterclaim.
"GST" means Goods and Services Tax as defined in the New Tax Systems (Goods and Services Tax) Act 1999 or any like tax.
If a Goods and Services Tax or any similar tax (GST) has application to the supply of Services made under this Agreement, the Service Provider may, in addition to any amount or consideration expressed as payable elsewhere in this Agreement (subject to issuing a valid tax invoice for the Client), obtain the prevailing GST rate.
Unless otherwise expressly stated, all Prices or other sums payable or consideration to be provided under or in accordance with this Agreement (if any), are inclusive of GST.
The Australian Consumer Law provides certain guarantees to consumers when they purchase goods or services and these guarantees cannot be excluded, restricted or modified. These guarantees include:
If our Service fails to meet these consumer guarantees, You are legally entitled to a refund.
Where We issue a refund, it will be issued via the same payment method that you used upon registration. Please allow 14 Business days for the refund to be processed back to Your account.
Any refund issued to You is not an admission of guilt or liability by the Service Provider or its owners.
We ask that you notify Us as soon as possible if You have any problems or want to request a refund.
The Service Provider may cancel these Terms and Conditions or cancel Services at any time before the Services are provided by giving You written notice. On giving such notice the Service Provider shall repay You any sums paid in respect of the Price. The Service Provider shall not be liable for any loss or damage whatever arising from the cancellation.
In the event that You cancel Services, You shall be liable for any loss incurred by the Service Provider (including, but not limited to, any loss of profits) up to the time of cancellation and the Service Provider shall not release any data already prepared or purchased for the You until such time as Your accounts have been paid in full.
Intellectual Property includes but is not limited to the name, trademarks, patents, copyrights, logos, designs, documentation, insignias, emblems and other material however embodied that appear on this Website.
Hire My Trailer (Australia) Pty. Ltd. retains all ownership of the Intellectual Property in relation to all information provided on or via this Website (including all texts, graphics and logos).
You may not copy, download, publish, distribute or reproduce any of the information contained on this Website in any form without the prior written consent from Us. However, You may print and/or download information contained on this Website for Your own personal use. Links to Our Websites are not permitted without the prior written consent of Us.
You agree to indemnify the Service Provider for all liability, loss, damages, claims, demands and expenses suffered or incurred by the Service Provider arising under or in connection with a breach by You of Your obligations under this clause.
You agree and acknowledge that in the event that the Website is sold or transferred to a third party:
If due to war, strikes, industrial action short of a strike, import or export embargo, lockouts, accidents, fire, blockade, flood, natural catastrophes or other obstacles over which that Party has no control, that Party fails to perform any of its obligations under this Agreement, that Party shall not be held responsible for any loss or damage which may be incurred as a result of such failure. Should the event of force majeure continue for longer than one month, the Party adversely affected shall have the option of terminating this Agreement immediately without further liability other than such liabilities as have already accrued when the Agreement ends.
No proceedings
Party must not start court proceedings, except proceedings seeking interlocutory relief, in respect of a dispute arising out of this Agreement ("Dispute") unless it has complied with this clause.
Notification of Dispute
The Party claiming that a Dispute has arisen must notify each other Party of the Dispute in writing ("the Dispute Notice") giving details of the Dispute.
Best Efforts to Resolve Dispute
During the five (5) Business Days period after the Dispute Notice is given, or such longer period unanimously agreed in writing by the parties to the Dispute, ("Initial Period") each Party to the Dispute ("Disputant") must use its best efforts and negotiate in good faith to resolve the Dispute.
Referral to Mediator and Arbitrator
If the Disputants are unable to resolve the dispute within the Initial Period, each Disputant agrees that the Dispute must be referred at the request of any Disputant, to an independent Mediator determined by the Parties no later than two (2) days after the end of the Initial Period or, in the absence of agreement, the Mediator is to be appointed by the President of the Queensland Law Society, and the Disputants must act in the utmost good faith and co-operate with the Mediator and the other Disputants in a genuine attempt to resolve the Dispute within ten (l0) days after it is referred to the Mediator ("the Mediation Period").
Each Disputant will bear its own costs in preparation for and participation in mediation.
The mediator's costs will be paid in equal shares by the Parties.
If the Disputants are unable to resolve the Dispute within the Mediation Period, each Disputant agrees that the Dispute must be referred to an independent Arbitrator determined by the Parties no later than two (2) days after the end of the Mediation Period or, in the absence of agreement, the Arbitrator is to be appointed by the President of the Queensland Law Society.
Despite any other provision of this clause, any Disputant may decline mediation and request that the Dispute be referred directly to arbitration.
The arbitration shall be conducted in accordance with the Rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia and, subject to those rules, in accordance with the provisions of the Commercial Arbitration Act 1990 (Qld).
Each Disputant will bear its own costs in preparation for and participation in arbitration.
The arbitrator's costs will be paid in equal shares by the Parties.
Confidentiality
Complete confidentiality shall be adhered to by the Parties and the terms of any resolution of a Dispute, whether it is by consent, mediation or arbitration, will remain confidential.
Each Party must use reasonable efforts to do all things reasonably necessary to give full effect to this Agreement.
The whole or partial failure of a Party to enforce at any time the provisions of this Agreement shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of this Agreement or any part of it or the right of a Party to enforce subsequently each and every provision.
The failure of a Party at any time to require performance of any obligation under this Agreement is not a waiver of that Party's right to claim damages for breach of that obligation; and at any other time to require performance of that or any other obligation under this Agreement, unless written notice to that effect is given.
No waiver by the Service Provider of any of its rights under these terms and conditions shall release the Client and/or Guarantor from full performance of any remaining terms and conditions, and no waiver by the Service Provider of any breach of the terms and conditions shall be a waiver of any subsequent breach of the same or any other obligation under these terms and conditions.
No failure to exercise, nor delay or omission by the Service Provider in exercising, any right, power or remedy conferred on it under these terms and conditions or provided by law shall, except with the express written consent of the Service Provider, affect that right, power or remedy or operate as a waiver of it.
Waiver of any provision of or right under this Agreement must be in writing signed by the Party entitled to the benefit of that provision or right; and is effective only to the extent set out in that written waiver.
The rights, remedies and powers of the Parties under this Agreement are cumulative and not exclusive of any rights, remedies or powers provided to the Parties by law.
A reference to any legislation or statutory instrument or regulation is construed in accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent Queensland State legislation, as applicable.
If reading down a provision of this Agreement would prevent the Agreement being invalid, illegal, unenforceable or voidable it shall be read down to the extent that it is necessary and capable of being read down.
Where, notwithstanding the above, a provision of this Agreement is still invalid, illegal, unenforceable or voidable:
This Agreement does not create a relationship of employment, agency, trust or partnership between the Parties.
Where in this Agreement a Party agrees not to do something, the Party will not attempt to do that thing, nor permit or procure that thing to be done.
The provisions implied in this Agreement by law which are inconsistent with the express provisions of this Agreement will, where permitted, be modified to the extent of the inconsistency so that the express provisions prevail.
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
The provisions of this Agreement constitute legally binding relations between those Parties who have executed this Agreement and their Guarantors.
Each Party warrants and covenants in favour of the other Parties, that it has received, or has waived its right to receive, independent legal advice with respect to all matters contemplated by this Agreement.
Each Party acknowledges that it has relied on its own enquiries before entering this Agreement and it has not relied in any statement made by the other party.
If You provide us with any personal information, Our Privacy Policy will govern how We will use or disclose that information. Our Privacy Policy can be found here.
This Website and its Disclaimer shall be governed by and construed in accordance with the laws of Queensland. All disputes arising out of or in connection with this Disclaimer shall be submitted to the exclusive jurisdiction of the courts of Queensland.
If you do not agree to the Terms, please do not use the Website.