These User terms (“Terms”) apply to all Clients of our car hire services, and all Users wishing to use our website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general terms and conditions and privacy policy posted on our website. If you do not accept these Terms, you are not permitted to use our website services.
DEFINITIONS
“Car” means any car we hire out with a driver.
“Car Hire Services” means a car hire service where Clients can book cars including a driver for general hire, weddings, school formals, corporate events and special events and any other related services offered through our website.
“Client/You” means anyone booking a car and other related services through our website.
“Driver” means any driver of the cars that we hire out through our website.
“General Hire” means the hire of any car and driver combination.
“Special Event Hire” means the hire of a car and driver combination for any wedding, corporate event, school formal or other special event.
“the website” means www.independenthirecars.com.au
“We”, “our” and “us” means Lifoto Pty Ltd ACN 38 001 819 174 trustee for Evans Unit Trust t/as Independent Hire Cars Australia and includes directors, employees, contractors and affiliates.
“User/You” means the individual or business using our Services and by doing so, agreeing to these Terms.
GENERAL USER AGREEMENT
To be eligible to use our Services, you agree to the below terms.
You warrant that:
- You are 18 years of age or older and able to form a legal binding contract; and
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities.
In order to use our Services, you need to register and set up an account. You will then be able to book our Cars. You must at all times, keep your registration details accurate and up-to-date.
You acknowledge and agree:
- We cannot guarantee you will find an appropriate Car, or that it will be available at the time you want to book it or otherwise;
- We are not responsible for, nor affiliated with any particular Driver beyond providing the Services; and
- We may substitute a Car for a similar Car in the event of an occurrence beyond our control.
CAR HIRE PAYMENT TERMS
After setting up an account, you can request a quote through our website, or via email or SMS for any Car Hire Service. We will contact you via your preferred communication method to provide a quote and confirm availability of your requested car.
General Hire: To secure a booking you must submit a deposit online. For General Hire the deposit is 20% of the total cost of the Car Hire Service. Again, all bookings are subject to availability and will be confirmed or otherwise by us after receipt of the deposit. The balance can also be paid online via Strip or can be given directly to the driver by cash, credit card, EFTPOS.
Special Events: To secure a booking for a Special Event, the deposit is 40% of the total cost of the Car Hire Service. The balance is payable 90 days prior to the date of the Car Hire Service.
Wait Time Charges and Additional Fees: We charge for any waiting time. Waiting time is charged in 15 minute increments and will differ for each type of Car and each service. It is charged from the Pick Up Time nominated. There is a charge in the event you do not show up at all at the Pick Up Time and Pick Up Address at the time you have nominated in your booking. We also charge for additional time after the Drop Off Time in 15 minute increments. In the event we need to unnecessarily clean the Car for example due to illness or inappropriate behaviour we charge a cleaning fee.
We also charge you for any malicious, intentional or accidental damage caused to the Car or equipment by you or any passenger during the hire period.
For all bookings we require a bond or credit card details. In the event of non-payment of waiting or additional time, illness or inappropriate behaviour leading to unnecessary cleaning of the Car, or in the event that you do not show up at the booking time, any loss or damage to a Car, we have the right to debit your credit card, or retain the bond for the loss or damage. You are responsible for all passengers and assume full responsibility for all charges, and all loss and damage to the Car caused by any passengers during the hire period. Any charges, loss and damages will be deducted from the bond or credit card supplied to us.
YOUR OBLIGATIONS
When travelling in our Cars you agree, and agree that your passengers during the hire period must:
- be at the Pick Up Address at the Pick Up Time (or waiting time charges will apply);
- not vary the trip Drop Off Address (or additional charges will apply);
- at all times wear a seatbelt; and
- be courteous and respectful to the Driver.
You and your passengers are not permitted to have food, cigarettes or drugs in the Car. Misbehaviour, drug induced behaviour or intoxication will not be tolerated.
You are also not permitted to have any additional passengers in the Car other than those that have been agreed to and nominated in your booking.
Drivers have the right to terminate and require removal of all passenger from the Car at any time without refund in the event that you or other passengers do not comply with the above, or you otherwise endanger the safe operation of the Car or Driver.
CANCELLATION AND REFUNDS
To cancel a Car Hire Service you must notify us in writing at bookings@independenthirecars.com.au or contact our office by SMS to +61 416 369 369 and we will confirm your cancellation. Deposits are not refundable. Any cancellations of General Car Hire will be refunded at our discretion provided we receive more than 24 hours prior written notice. Any cancellations of Special Event Car Hire will only be refunded if the cancellation is made with 90 days prior notice.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
(a) The supply of any services again; or
(b) The payment of the cost of having any services supplied again.
ACCOUNT TERMINATION
TO CANCEL YOUR ACCOUNT: You are solely responsible for cancelling your account. You must cancel in writing by notifying us at bookings@independenthirecars.com.au or contact our office by SMS to +61 416 369 369 and we will confirm your cancellation.
WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your account on our website for any reason, at any time. If we do not receive payment, we have the right to suspend your account. We will not be responsible for any lost revenue, information or anything related to such suspension.
You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. We may also cancel any future bookings of Cars that you may have. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we receive complaints about you from a Driver, or if you have breached any Terms; or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to return any monies in the event of any breach.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. 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 with such termination or suspension.
LIABILITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or our website.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.
We cannot be held responsible for any direct or indirect loss you may suffer as a result of our Car Hire Service. We are not responsible for any lost property or valuables. We are not responsible for any damage to your clothing or wedding attire. We are also not responsible for any occurrence which is beyond our control, such as traffic delays, weather, car breakdown, and/or illness etc. In the event that this occurs we will use our reasonable endeavours to resolve the issue and complete the hire, however, we are not liable to refund monies.
In addition, we will in no way be liable to you for any direct, indirect, incidental, special, or consequential loss or damage of any nature or type (including but not limited to any physical, mental or emotional injury, or death, damage to property, loss of opportunity or revenue, insolvency, or any other issue) which may arise as a result of your use of our Car Hire Service or your use of or reliance on this website, or anything related directly or indirectly to your use of any information or services on or through this website.
This limitation of liability clause includes any reliance by you on the information on the website, and access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Car Hire Services for any particular purpose and provide it for your informational purposes. Any reliance you place on such information is therefore strictly at your own risk.
In any case, our liability to you will not exceed the amount paid by you for the Car Hire Service.
In addition, you agree to fully indemnify us for any and all claims arising from your breach of these Terms and any business or conduct you may have with any Driver.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
WEBSITE SERVICES
Our website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. You must not transmit any viruses, malware, worms, etc. of any kind and that you must not upload, post, host or transmit unsolicited material or messages to the website.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
LINKS TO OTHER WEBSITES
We may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites.
We take no responsibility for any of the content found on the linked websites.
Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
YOUR PRIVACY
We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, information, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. We shall not be liable to you or any third party for any modification when it is required.
GOVERNING LAW
These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.