These terms and conditions are the contract between you and Priority Transfers ("us", "we", etc). By visiting or using our website, or signing up for our Services, you agree to be bound by them.
We are PriorityTransfers.com.au, is a website business operated in Australia, ABN number 37308157859. Our registered address is 6 Coffeebush Court, Reedy Creek, Queensland, 4227.
You are: Anyone who uses our website or buys any service through our website. Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Services on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave our website and stop using the site or the services immediately.
These are the agreed terms
|"Content"||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|"Experience"||means provision of ground transport with the providers of services found on our website and the engagement of the provider. The subsequent delivery of the transport service by that provider. Our website is based on the marketplace model and aims to bring together both the customers of and providers in the ground transport market place.|
|"Intellectual Property"||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|"Our Website"||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable our website to function.|
|"Post"||means place on or into Our Website any Content or material of any sort by any means.|
|"Provider"||means a person, firm or organisation who offers for sale an Experience.|
|"Services"||means a service available from Our Website, whether free or charged, including the directory of Experiences.|
In this agreement unless the context otherwise requires:
- This contract is not related or dependent on the contract you might make with any of our Providers. The contract between you and us is limited to our arranging aspects of the Experience for you on behalf of the Provider.
- Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- The words "without limitation" shall be deemed to follow any use of the words "include" or "including" herein.
- All money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.
- We do not offer the Services in all countries. We may refuse membership if you live in a country we do not serve.
- In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- Our contract with you is limited to our providing a market place for the Experiences listed. When you buy an Experience through Our Website, you buy from the person who owns and operates that Experience. We act as agents of that person ONLY to take money. When you buy any Experience, you do so subject to the terms and conditions which form your contract with that Provider.
- We receive payment from the purchaser and pass on those monies to the provider less a discount amount we are not agents for a Provider in any way. We are not able to resolve a dispute between you and a Provider.
- We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Priority Transfers members.
- We are not responsible to you further than to take your money and pass it to the Provider.
- If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
- We may change this agreement and / or the way we provide the Services, at any time. If we do:
- The change will take effect when we Post it on Our Website.
- You agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.
Your account and personal information
- When you visit Our Website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
The buying procedure
- Unless it is clear to the contrary, you may assume that every sale is made by a trader in the course of his business.
- Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
- Services may be offered for sale subject to any discount or promotion arranged between Priority Transfers and the Provider.
- Subject to discounts and promotions, Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately.
- Services will be provided at the times and places specified in the website of each Provider or as they notify you by email.
- Once you have bought a Service through Our Website, the price can be increase or decrease according to the time of purchase priort to the transfer date and seasonal fluctuations.
- Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
- You are required to pay in the currency in which the item is listed for sale on Our Website, which if not evident is in Australian Dollars.
- Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
- For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
The Priority Transfers promise
To give you the utmost confidence in using our service, we make the following promise:
- If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.
- This promise is subject to the following conditions:
- you must first follow the returns and refunds procedure set out on Our Website;
- the maximum payment is $250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
- the claim form must be completed truthfully and accurately;
- you must provide a street address to us.
- you are limited to a lifetime maximum of five claims and a maximum of one item in one year;
- you must not have requested a charge back from your credit card company.
- The promise set out in this paragraph is non contractual. We shall operate it at our entire discretion.
- If we decide to offer a privileges subscription service in the future then the follow would apply. At this time we do not offer subscriptions. At least four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that you licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
- At any time before expiry of your subscription, you may use the "My Account" tab on your user dashboard to access your personal information and change your requirements for Services or cancel renewal.
- At expiry of your Priority Transfers subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Priority Transfers membership for a further period by sending you an email message.
Security of your credit card
- We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
Maintaining your personal information
- You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
- So far as you submit information for publication, must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address or street address.
- By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.
- If or when you cancel your account, we may delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least three months.
- We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.
How we handle your data
- If you Post Content to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968 Part IX..
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph five above.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
- be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- be made on behalf of some other person, or impersonate another person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- facilitate the provision of unauthorised copies of another person\'s copyright work;
- link to any of the material specified in this paragraph;
- promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
- use distribution lists that include people who have not given specific permission to be included in such distribution process;
- consist in posting excessive or repeated off-topic messages to any forum or group;
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information;
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after receiving a notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- use Our Website to hack into the computer of any other person or make contact with any other computer;
- make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
- upload or republish any part of our Content on any Internet, intranet or extranet site.
- hide or remove the banner advertisements on any page of Our Website;
- share with a third party any login credentials to Our Website;
- use on Our Website software which assists in:
- data mining, extraction or collection;
- emulating, hacking, password cracking, IP spoofing or over-loading Our Website;
- "framing", inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
- performing any automated operation;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
Disclaimers about the Experiences
- Be warned! Many of the Experiences offered through Our Website are dangerous. Dangers take many forms. We cannot be specific. We do not check nor approve nor recommend any Experience offered by Our Website. In taking part in an Experience you may be doing so at your own risk. All dangers may not be covered by the insurance of the Provider. The Provider may not have insured in any event. We recommend that you take out a policy of insurance against all the risks you might encounter.
- All of the Content on Our Website relating to any Experience has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
- We make no representation, warranty or other provision with regard to the Experiences and you acknowledges that you do not rely on any made by us, but solely on your contract with a Provider.
- So far as concerns any Experience you buy through Our Website, we are not liable for:
- an Experience complying with the requirement of any law or being available;
- the Provider performing his contract;
- We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Experience sold by a Provider will be safe, useful or suitable for you;
- Because Priority Transfers is not the agent or either Provider or buyer, you now release Priority Transfers from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider. The liability for the provision of transfer services between the customer and the service provider is restricted solely to those two parties between whom the service has been the contracted. Priority Transfer\'s liabilities resulting from this agreement shall therefore be limited to those of a third-party facilitator between the customer and the service provider-supplier. Any liabilities resulting from the provision of the transfer service shall be the sole responsbility of the service provider and their insurance companies.
- Priority Transfer\'s sole responsibility and liability is as an online facilitator for each transfer supplier by providing the supplier with an online booking service using the customers’ details as entered on Priority Transfer\'s website. Some service providers may have additional contract conditions of their own. Priority Transfers is not liable for losses or damages that may occur through the incorrect processing by the service privider- supplier of a customer’s booking details.
- Priority Transfers cannot be held liable for incidents that may occur in rendering of a service, more specifically illnesses, personal injuries or death, unless caused by their negligence. Any compensation for accident, illness or death resulting from the use of the transfer service must be addressed to the direct transfer service provider-supplier of that service and shall be subject to the laws and to the jurisdiction of the country in which the service is effectively provided.
- Priority Transfers is absolved of all liability whatsoever where the customer makes a contract directly with the service provider-supplier.
- The contract becomes legally binding only when Priority Transfers receives confirmation from the service provider that the requested service is available and the customer of Priority Transfers has been notified of this by email. If the service provider is unable to provide the requested service, we may offer the booking request to a service provider with a smilar class of vehicle, if a smilar vehicle is not available the customer will be informed and reimbursed the full amount by the same method as the payment was made.
- The act of Priority Transfers sending the customer confirmation of charges and payments made through the customer’s credit card shall not be considered as binding the customer to any contract.
- The booking confirmation which must be presented to the service provider will be made available to you at the time of email confirmation by Priority Transfers. This should be printed out so that it is readily available for inspection by the transfer service provider if and when requested during the transfer. It is recommended that customers should print out and carry with them all communications between the parties in addition to the transfer confirmation itself, all immediate contact information for the service provider driver will be available on this confirmation, should our office not be contactable at the time of the transfer, please refer to the driver contact information provided to you.
- Amendments and Cancellations; (a) The confirmation of booking sent by email to the customer by Priority Transfers includes the customer’s requested destination & pickup address. Any changes to these or any other details must be sent in writing by email to email@example.com prior to the date of the transfer. The Customer is liable for any increased service cost resulting from any requested changes. Requests for changes subject to availability and acceptance by the service provider two changes are free of charge, but at the discretion of the manager, additional changes may incur a $20 administration fee. (b) When the contract has been entered into with Priority Transfers the customer is requested to notify Priority Transfers by email to firstname.lastname@example.org of any errors therein not less than 7 days prior to the date of requested transfer date. Notifications made within 7 days of the transfer date affords Priority Transfers the right to terminate the transfer contract. (c) Any cancellation of contract must be made in writing by e-mail addressed to the admin@prioritytransfers office of Priority Transfers, more than 48 hours from the date of commencement of the first transfer service described in the booking confirmation, 100% of monies will be refunded. Less than 48 hours from the date of the commencement of the first transfer service described in the booking confirmation no monies will be refunded. Please contact customer service by email if you require a cancellation note to claim against your tour operator, airline company, or travel insurance company. (d) All contact related to the provision and / or amendment of booking contract information between the users of our website and Priority Transfers is solely by e-mail. (e) In the event of unavoidable alterations to the booking contract, Priority Transfers. will inform the customer by e-mailing the address provided by the customer at the time of booking request, the act of sending of this e-mail being considered as proof of receipt by the customer. The same system applies to all other advisory e-mails which may be sent to the customer by Priority Transfers. It is essential that customers check that the supplied e-mail address is correct and also that you that you read any incoming e-mails up to the time of your transfer date. (f) If you fail to meet the service provider at the pick-up point within 20 minutes of the time requested in the booking request as detailed on your booking confirmation email then the service provider will try to contact you on the mobile telephone number you have provided. If it is not possible to speak to you due to not having your mobile phone, for the provided mobile telephone number at the time of booking, no or poor connection, no signal, activated voicemail or the call is unanswered, switch off or engaged, the service will not be provided and your service provider and is not obliged to provide you with the service and a refund will not be made.
- Transfer Services; (a) At the requested time of the airport transfer, the service provider driver employed by the service provider will wait at the agreed pick-up point for a maximum of 60 minutes from the time of flight arrival. The waiting time from any other non-airport pickup point shall be restricted to 10 minutes after the agreed time. (b) In the event of the customer is not able to locate the driver on arrival it is the customer\'s responsibility to contact the service provider driver on the driver contact information in the booking confirmation. If the customer fails to call these numbers within 60 minutes of the actual landing time for airport arrivals, and within 10 minutes for non-airport pickups, and as such the service provider or Priority Transfers is not made aware of any problem, the transfer booking will be cancelled and no refund will be due. Electronic telephone records may be used to verify a failure to notify the service provider. (c) The customer is always responsible for checking the time agreed to for the pick-up by the transfer service provider, and also for ensuring that the selected flight number and arrival time at the departure airport allows them transit time to get there at least 10 minutes before the check-in desk opens (not closes) and under no circumstances less than two hours for international flights prior to the scheduled flight departure time. (d) The service provider or Priority Transfers cannot be held liable for delays due to force majeure, or other circumstances which are beyond either their control, such as accidents suffered by third parties on the transfer route, police checkpoints, acts of terrorism, vandalism, extreme weather conditions, unusual traffic levels, industrial action, airport delays and Acts of God. The route to or from the destination chosen cannot be guaranteed and the Google route map generated and displayed on our website is for information purposes only. Whilst every reasonable effort is made to ensure that the customer pick up times are respected, they cannot and will not be guaranteed under these circumstances. (e) It is the responsibility of the customer to provide accurate details for the transfer pickup and destination address, date and time of pickup and all other relevant details for the booking request. The service provider will pick up the customer up and deliver them to the destination requested as close as possible to the given addresses always allowing for ease of access, with safety with traffic and the type of vehicle. In the event that access is not convenient to the driver due to weather, road conditions or accidents etc., the service provider will, at the customer’s request, use a longer route to reach the agreed destination, but in this instance the customer may be liable, at the discretion of the driver, for any additional costs pertaining to the extra travel distances. (f) Insurance liabilities for all the transfer services provided are carried by the vehicle provider who accepts the customer booking request.
- Luggage; (a) Each passenger has a luggage allowance of; 1 x bag or suitcase per person, with a maximum combined size of 180cm = length + width + height including hand luggage, such as handbags & small bags only, unless additional over sized items have been specified and added as extras during the booking process. (b) Any additional items such as surfboards, skis, snowboards, and over-sized luggage must be added at the time of booking. All dimensions of additional items must be advised also in the booking form. The passenger shall be liable for all expenses incurred if any additional vehicles are required to transport non-advised excess luggage items. (c) The these terms and conditions is considered as agreement by the customer that under no circumstances will he or she include in luggage nor carry on the person any object in contravention with any legislation of the country in which the transfer is conducted eg. firearms, nor any item likely to be injurious to any third party. Items such as animals, (transported in a proper transport cage), items of excessive size, weight, fragility, or any perishable item. Must not be part of normal luggage, unless pre-arranged and agreed to and with Priority Transfers administration. (d) Transfer of luggage and other belongings is undertaken at the sole risk of the customer’s and under no circumstances can Priority Transfers be held responsible for any loss or damage to any item. Risk of loss or damage should be covered by travel insurance taken out by the transfer customer prior to the transfer date.
Disclaimers and limitation of liability
- This paragraph is not about any service we sell from this service. It is about only the service we ourselves provide in setting up the arrangement between you and one of our Experience Providers.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- Our Website and our Services are provided "as is". We make no representation or warranty that the Service will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We make no representation or warranty and accept no responsibility in law for:
- accuracy of any Content or the impression or effect it gives;
- delivery of Content, material or any message;
- privacy of any transmission;
- third party advertisements which are posted on Our Website or through the Services;
- the conduct, whether online or offline, of any user of Our Website or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
- loss or damage resulting from your attendance at an event organised through Our Website or the Services;
- any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
- any aspect or characteristic of any goods or services advertised on Our Website;
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $1,000. This applies whether your case is based on contract, tort or any other basis in law.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
- If you become aware of any breach of any term of this agreement by any person, please tell us by writing. We welcome your input but do not guarantee to agree with your judgement.
- Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Services
- any Content you place on your website;
- any Content you Post to Our Website;
- any data you send or upload to Our Website for storage or any other purpose;
- a breach of the intellectual property rights of any person;
- You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
- Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.
- The validity, construction and performance of this agreement shall be governed by laws of the State of Queensland. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the State of Queensland and Australian courts.