Terms & Conditions

This Website (referred to in these Terms of Access as the "Website") is owned and operated by Private Van Pty Ltd trading as Private Caravan Hire (“Private Caravan Hire”) on the World Wide Web ("WWW").

The Website is available for you to:

(a) Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part A.

(b) Provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below in Part B.

Part A - Use of material on the Website

Except for the limited use set out in para B you may not use the Website, or the material contained on it, for any purpose. This involves:

(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) "framing" the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not modify or copy:

(a) the layout of the Website; and
(b) any computer software and code contained in the Website.

Private Caravan Hire reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,

without the prior written consent of Private Caravan Hire.

Links to other Websites

The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of Private Caravan Hire.
In relation to the other sites on the WWW, which are linked to the Website, Private Caravan Hire:

(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Private Caravan Hire of the linked site; and
(b) is not responsible for the material contained on those linked sites.

Disclaimer 1

Private Caravan Hire is making the Website available for others to publish information without assuming a duty of care to users. Private Caravan Hire is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
To the full extent permitted by law Private Caravan Hire disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

Private Caravan Hire will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

Private Caravan Hire does not warrant guarantee or make any representation that:

(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.

Private Caravan Hire is not liable to you for:

(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of Private Caravan Hire, its employees or independent contractors, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

Limitation of Liability. Nothing in these Terms of Use (including this clause excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Private Caravan Hire’s liability to you for any failure by Private Caravan Hire to comply with any statutory guarantee under the Australian Consumer Law is limited to Private Caravan Hire supplying the Services again or paying you the cost of having the Services supplied again.

Private Caravan Hire excludes any liability to you for any loss or damage suffered by you as a result of Private Caravan Hire failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Private Caravan Hire.

Indemnification. You will indemnify and hold harmless Private Caravan Hire and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release. If you have a dispute with one or more Private Caravan Hire users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Private Caravan Hire's liability for any implied warranty or condition is limited, at the choice of Private Caravan Hire, to one or more of the following:

If the breach of an implied warranty or condition relates to services:

(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:

the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of information gathered

Private Caravan Hire and/or people authorised by it may gather and process the information:

(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

Private Caravan Hire may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of access

Private Caravan Hire may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Private Caravan Hire has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

Private Caravan Hire reserves the right to change these Terms of Access:

(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.

Relevant jurisdiction

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
This Agreement will be governed by and interpreted in accordance with the law of [state or territory], without giving effect to any principles of conflicts of laws.
You agree to the jurisdiction of the courts and to the laws of the State of Queensland to determine any dispute arising out of this Agreement.

Website changes

We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account.

Use of Website by you

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement

We reserve the right to cancel your registration at any time, subject to our complete discretion..

Information on this Website

Information about offers on the Website may be based on material provided by third party businesses “(owners/merchants"). We do our best to verify the information provided to us by owners/merchants but we cannot guarantee its accuracy on all occasions.

You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

Part B -- Terms and conditions relating to the providing of information about your product or service

We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur.

By using our site to search for and/or book the products and/or services offered, you are indicating:

that you have read our User Agreement posted on our Site and
your acceptance of our User Agreement.

Goods and Services Provided By Private Caravan Hire

If Private Caravan Hire offers goods or services to you, including advertising any item for sale on the Private Caravan Hire Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Goods and Services Provided By Third Parties

(a) If goods and services are offered on or through the Private Caravan Hire Website by third parties (sellers):

vehicle prices exclude government and statutory charges (unless otherwise stated);
You are responsible for making all relevant searches, enquiries and investigations in relation to any listed RV vehicle including, any written off recreational vehicles (RVs) or register of security interests (including the Personal Property Securities Register or otherwise);
Private Caravan Hire does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
Private Caravan Hire will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

Private Caravan Hire may supplement information supplied by sellers. This information is supplied by third parties and in the case of (RVs) vehicles is based on model and year. Whilst Private Caravan Hire requests sellers check this information, it may be possible for information to be imprecise. Private Caravan Hire strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using Private Caravan Hire. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Private Caravan Hire in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes..

Uploading information

You represent and warrant in relation to any material and/or information you provide to the Website that:

(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (QLD) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

Licence to use intellectual property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the "intellectual property") on to the Website, you are granting Private Caravan Hire a perpetual, non-exclusive and payment-free licence throughout the world to:

(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow Private Caravan Hire to sub-licence others the same rights granted to Private Caravan Hire in (a) above.

Removal of information

In relation to any material and/or information included on the Website, Private Caravan Hire may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

Limit of liability

Private Caravan Hire and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity

You will at all times indemnify and keep indemnified Private Caravan Hire and its respective officers, employees and agents (in this para 4 referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Relevant jurisdiction

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
G. This Agreement will be governed by and interpreted in accordance with the law of Queensland without giving effect to any principles of conflicts of laws.
You agree to the jurisdiction of the courts of and to the laws of the state of Queensland to determine any dispute arising out of this Agreement.

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