WEBSITE TERMS & CONDITIONSVIP EVENT HIRE PTY LTD TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
- These Terms and Conditions (the Terms) govern your use of our website located at https://www.flogohire.com.au/ (the Site) and form a binding contractual agreement between you, the user of the Site and us, VIP Event Hire Pty Ltd, ABN 71 601 513 795. For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
- These Terms and Conditions are not to be confused with the Terms of Hire.
- By viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
- If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
- Agreement means these terms and conditions of use and the documents referred to on it;
- Authorised Person means a person who has been given the the authority from a Credit Card Holder to make a payment on our website.
- Credit Card Holder means the person who is named on the credit card.
- Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by VIP Event Hire Pty Ltd to you;
- Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
- Services means the online information platform provided by VIP Event Hire Pty Ltd containing the goods and services offered by VIP Event Hire Pty Ltd as well as any discounts and special offers communicated through the Site. This includes Services currently offered by VIP Event Hire Pty Ltd and any Services or products that VIP Event Hire Pty Ltd may choose to offer in the future;
- Site means https://www.flogohire.com.au/;
- User means any individual or company representative who is representing the User’s entity and its affiliates who gains access to the Site and Services;
- You means you, the User; and
- Us, We, Our means VIP Event Hire Pty Ltd ABN 71 601 513 795.
- Users accept these Terms by simply using the Site and any use of a sub-page which shall indicate the User’s acceptance, or by completing any form that references this Agreement, the User is agreeing to the Terms defined within this Agreement. If for any reason a User does not agree with any Terms of this Agreement, that User is required to log off the Site immediately.
ACCESSING THE SITE
- You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
- All content and services provided on or through this site are provided “as is” and “as available” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.
- We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
- Only the Credit Card Holder or an Authorised Person is to make a payment on our website for our Services.
- Payments made through this website may be rejected due to fraud protection. In such circumstances, payments must be made via an alternate payment method, such as bank transfer. Reasons a payment may be rejected include but not limited to:
- Charge attempts exceeding the limited amount;
- Credit card fields not matching with other credit card fields;
- IP address is an anonymous IP address;
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
- We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.
THIRD PARTY WEBSITES
- The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by VIP Event Hire Pty Ltd. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
- We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
APPROPRIATE USAGE AND RESPONSIBILITIES
- Users agree to be compliant when using VIP Event Hire Pty Ltd Website policies, including this Agreement with regard to all local, state, national, and international laws, rules and regulations, as well as any laws regarding the transmission of technical data exported from the User’s country of residence.
- All Users are responsible for supplying us with accurate data at all times and modifying any User information immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the data.
- No User shall use the Site for any fraudulent or inappropriate purposes and agree not to promote the unauthorised use of a third party or to encourage the unauthorised use of a third party to use any portion of the Site to transmit or upload any content that is against the law, abusive, unauthorised, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by VIP Event Hire Pty Ltd.
- Users agree not to resell, reproduce or take advantage of any part of our Website by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission. VIP Event Hire Pty Ltd reserves the right to seek all remedies available by law and in equity for violation of these Terms. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary, appropriate, and lawful; including, but not limited to information relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- All User’s agree not to conduct the following:
- sell, resell, rent or lease any content, marks, or services within the Site;
- store, transmit infringing, libelous, unlawful, indirect material, or in violation of third-party privacy rights data;
- store or transmit malicious codes;
- interfere with the performance of the Site, services or any third-party data; or
- try to gain unauthorised access to the Site, User accounts unauthorised to access, services or any related systems.
- VIP Event Hire Pty Ltd shall maintain reasonable administrative, physical, and technical safeguard methods for protection of the security, confidentiality and integrity of all User Data. VIP Event Hire Pty Ltd will not modify, disclose (except as compelled by law), or access User data except to prevent technical problems, or at a User’s request in connection with support concerns.
- The User has sole responsibility for adequate security protection and backup of data and/or equipment used in connection with their usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
- Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
- We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.
- Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
- You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
LIMITATION OF LIABILITY AND INDEMNITY
- You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.
- In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
- Any opinions, advice, statements, services, offers, or other information expressed or made available by Users or third parties, are those of the respective author(s) or distributor(s) and not of VIP Event Hire Pty Ltd. We do not endorse any of the Users, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party pursuant to any consumer and competition law, such as the Competition and Consumer Act 2010, including, but not limited, to any misleading statements made and/or incorporated into any content incorporated into the Site and Services by a User. It is your sole responsibility to ensure the accuracy of the data inputted and any other user generated content.
- You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
- Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
- As a condition of your access to and use of the Site, you agree to indemnify VIP Event Hire Pty Ltd and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- your access to and use of the Site, Services, and Content; and
- your violation of these Terms and any applicable law or the rights of another person or party.
- You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your registration, or suspend or block your access to the Site and Services.
- We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
- If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
- By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- for letters, the letter was properly addressed, stamped and placed in the post; and
- for emails, the email was sent to the specified email address.
- If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
- If we waive a default, it does not constitute a waiver of any subsequent defaults.
- No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 14.
FORCE MAJEUREWe shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to:
- acts of god;
- natural disasters;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- computer hacking; or
- malicious damage.
- If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- These Terms, and the documents expressly referred to in them, constitute the entire Agreement between you and VIP Event Hire Pty Ltd, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
- e each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of the State of New South Wales, Australia and the Australian Arbitration laws regardless of your physical location. Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to Arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules. For disputes in which the quantum is less than $50,000, Arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
- International Arbitration-Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be and is hereby submitted to arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one Arbitrator, the language of the Arbitration shall be in English, and the place of the Arbitration shall be Sydney, Australia which governs this Agreement and any dispute of any sort that might arise between User’s and VIP Event Hire Pty Ltd relating to this Agreement.
- If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Terms will continue to be in full force and effect. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
UPDATES TO THESE TERMS
- We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
- Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
- We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately unless expressed otherwise.
- It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
- We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.