Advertisement Agreement
- Background
1.2 We do not act as your agent in relation to recreational vehicles, products or services that you advertise on the Site are not involved in the actual transaction between you and any third party. You enter into any transaction with a third party entirely at your own risk.
1.3 Third party websites, phone numbers and email addresses are not to be advertised on the RV owners Listing/Profile at PCH. Visitors and RV Owners contact details, including email address and phone number are made available to both parties on making an enquiry through the PCH Private Messaging Mailbox.
- Definitions
In this Agreement:-
‘Advertisement’ means the graphical display of the Advertiser’s advertising/profile for the hire of the Advertiser’s Recreational Vehicle on the Website.
‘‘Website’ means www.privatecaravanhire.com.au.
- Interpretation
In this Agreement, unless the context otherwise requires, references to:-
- parts, clauses, subclauses, paragraphs and schedules are to parts, clauses, subclauses, paragraphs and schedules in this Deed;
- the singular includes the plural and vice versa;
- any gender includes all other genders; and
- a person includes a corporation and an association whether incorporated or not.
The clause headings appearing in this Deed are inserted for convenience of reference and shall not affect the construction of this Deed.
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- Payment
4.1.2 Successful Booked Night Fee may be payable for all enquires forwarded in the first instance to a RV Owner, providing a booking/hire from that referral eventuated, including any transferred to a RV third party recreational vehicle either listed or not listed at PCH and/or on referred to any RV owner and/or business. The Fee may be payable on any booking that converts to hire at any time. The amount as agreed is to be paid at Book Now payment or deposit or balance hire payments made via PCH Merchant facilities or at the beginning of each month for the booked nights completed for the previous month and within 14 days of remittance/invoice. Refund of booked night fee applies if the hire is cancelled.
4.1.5 At PCH discretion the Booked Night fee can be altered and/or replaced with a set advertising amount as determined by PCH.
4.2.2 The Advertiser will not be eligible for a refund of any payment if the Advertiser instructs Private Caravan Hire to remove the Advertisement from the Website.4.3 Lien
The Advertiser acknowledges that Private Caravan Hire has a lien over all material supplied by or on behalf of the Advertiser to Private Caravan Hire for any Advertisement during such time as the Advertiser owes any sum to Private Caravan Hire pursuant to this Agreement.
4.4 Listings
5.1 You agree that:
5.1.1 The removal of the advertisement/profile is at a listing member is at the discretion of Private Caravan Hire.
- Your obligation to users
5.1 You agree that:
5.2 You will respond to user enquiries in a timely manner, ensuring contact is made with all users.
5.2 You will clearly communicate to users/hirers at the time of making an enquiry and/or booking any additional terms and conditions beyond those in the Private Caravan Hire terms of use.
5.4 You will review and resolve disputes generated from users/hirers that have hired your recreational vehicle in a timely manner and take the necessary action to ensure such complaints do not re-occur.
5.5 Once you have received payment (in part or full) for a booking, the booking is deemed confirmed an you must hold the booking for the guest until the hire takes place, the booking
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is cancelled by the user or you deem the booking to be cancelled due to late payment by the user.
Content and Control
6.1 Exclusion of Liability
When material is supplied to Private Caravan Hire, by or on behalf of the Advertiser, Private Caravan Hire accepts no responsibility for that material and Private Caravan Hire shall not be responsible for any loss of or damage to any material provided to Private Caravan Hire by the Advertiser.
6.2. Editorial Control
6.2.1 Private Caravan Hire retains full editorial control of the website and may at any time in its absolute discretion alter the name, size and/or layout of a Advertisement on the website without notice or incurring any liability whatsoever to the Advertiser, and any such change or alteration will not form the basis upon which the Advertiser may terminate this Agreement nor give rise to Private Caravan Hire being liable for any loss or damage or any claim whatsoever as a consequence of such change or alteration.
6.2.2 Private Caravan Hire may, at is absolute and uncontrolled discretion, reject or withdraw from publication on the website any advertisement it considers unsuitable for publication for any reason without incurring any penalty or liability.
6.2.3 The position of Advertisements will be at the discretion of Private Caravan Hire.
6.2.4 The Advertiser must not on-sell, transfer or otherwise grant the use of the advertising space booked or purchase by the Advertiser from Private Caravan Hire on the website to any third party without the prior written consent of Private Caravan Hire and such consent may be withheld at the sole and absolute discretion of Private Caravan Hire.
6.2.5 The RV Owner will not include for general public viewing in listing/profile any links to any other websites, phone numbers or email address unless agreed with Private Caravan hire in advance.
6.2.6 All information you make available in relation to your recreational vehicle will at all times be up-to-day and accurate, appropriate to your recreational vehicles and not misleading or deceptive in any way.
6.2.7 We reserve the right to change our Site, products or services (including format, design, scope etc) at any time. We will use our reasonable endeavours to give you advance notice of any material changes that will make to our Site, products or services.
- Intellectual Property
7.1 The Advertiser acknowledges that Private Caravan Hire is the owner of the copy right in all advertisements (including artwork) prepared by the employees, servants and/or agents of Private Caravan Hire on behalf of the Advertiser and neither the Advertiser nor any other party is entitled to publish, reproduce or otherwise enjoy the rights in such advertisements or artwork without the prior written permission of Private Caravan Hire.
7.2 The Advertiser unconditionally warrants to Private Caravan Hire than any material it provides to Private Caravan Hire in relation to any Advertisement will not infringe the intellectual property rights of any third party when published. The Advertiser continually indemnifies Private Caravan Hire against any claim, loss, damages, costs or expenses incurred directly or indirectly by Private Caravan Hire as a direct or indirect result of the Advertiser’s breach of this warranty.
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- Indemnity
The Advertiser shall indemnify and keep indemnified Private Caravan Hire from and against all claims, loss, damages and expenses whatsoever, incurred directly or indirectly by reason of any breach of the Agreement, negligence, tortious act or other wrongdoing by the Advertiser. Without limiting the foregoing, the Advertiser shall indemnify Private Caravan Hire from and against all claims, loss, damage and expenses incurred in connection with any Advertisement that contains or refers to any material that is defamatory, a slander of title, breach of copyright, amounts to unfair competition, a violation of rights of privacy, is or is likely to be misleading or deceptive or in violation of any applicable law, regulation, statute or guideline, including but not limited to the Trade Practices Act 1974 (Cth), Fair Trading Act 1989 (Qld) , Copyright Act 1968 (Cth) and any equivalent legislation in any State or Territory as amended from time to time.
- Termination The Agreement may be terminated by Private Caravan Hire at any time if, in its absolute discretion, it considers that the Advertiser is a credit risk, the Advertiser is in breach of the Agreement or in any event on the provision of 7 days’ notice in writing by Private Caravan Hire to the Advertiser. If termination occurs, Private Caravan Hire is no longer required to place any Advertisement on the Website and all outstanding sums owed to Private Caravan Hire by the Advertiser shall become due and payable immediately.
- Limitation of Liability
10.1 The liabilities or obligations of Private Caravan Hire, under or pursuant to this Agreement are expressly limited to the provision of space on the Website for Advertisements. In any event, the liability of Private Caravan Hire to the Advertiser, if any, shall not exceed the total of the amounts paid to Private Caravan Hire relating to the service or product giving rise to the liability.
10.2 While every endeavour will be made to ensure the insertion of Advertisements in accordance with the Advertiser’s instructions, no guarantee or warranty will be given or implied, nor any liability accepted for any loss or damage occasioned by any omission, mistake, error or misplacement of any Advertisement by Private Caravan Hire and without limiting the foregoing, Private Caravan Hire shall not be liable for any special, incidental, or consequential damages of any kind, or for loss of profits, loss of opportunity, loss of business or goodwill or interruption of business arising out of or in connection with this Agreement however arising or wheresoever situated from any act, error or omission by Private Caravan Hire in respect to any Advertisement placed or to be placed on the Advertiser’s behalf.
- Privacy and Confidentiality The parties agree that whilst Private Caravan Hire will make every effort to keep private information concerning the Advertiser from being published on the Website or otherwise, Private Caravan Hire is under no obligation to do so. Furthermore the parties agree that any information collected by Private Caravan Hire is not confidential information and Private Caravan Hire is under no obligation to treat such information as confidential.
- No Warranty as to Advertising Response
Private Caravan Hire makes no representation or warranty, express or implied, as to the efficacy or suitability of any Advertising placed on the Website by or on behalf of the Advertiser, nor to the
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effectiveness, or outcome of, or response to such Advertisement, and the Advertiser’s liability to pay the Fee to Private Caravan Hire in full and without deduction shall not be dependent in any way upon such efficacy, outcome of or response to the Advertisement.
- General
13.1 Entire Agreement
The Agreement is the entire agreement between Private Caravan Hire and the Advertiser in respect of its subject matter and all conditions, warranties and terms implied by custom, general law or statute that are not expressly set out in the Agreement are excluded to the maximum extent permitted by law.
13.2 Assignment Private Caravan Hire may assign any of its rights or obligations under the Agreement to any third party at any time without notice to the Advertiser. The Advertiser may not assign any of its obligations under the Agreement without the prior written consent of Private Caravan Hire. The Advertiser must notify Private Caravan Hire in writing within 7 days of any change of ownership of the Advertiser and fully indemnifies Private Caravan Hire against any loss or damage suffered by Private Caravan Hire as a result of the Advertiser’s failure to notify Private Caravan Hire of such change.
13.3 Force Majeure
If for any reason beyond the control of Private Caravan Hire (including without limitation as a result of fire, flood, blackout, industrial action, theft, sabotage or equipment breakdown) Private Caravan Hire cannot complete its obligations under the Agreement, Private Caravan Hire shall be entitled to delay performance of the Agreement or termination the Agreement at its absolute discretion and the Advertiser shall not make any claim for loss or damages in respect of such delay or termination.
13.4 Waiver
No waiver of any right under the Agreement or delay in enforcement or any other indulgence shall affect the rights of a party under the Agreement and all the rights and powers of that party will remain in full force and effect notwithstanding any such waiver, delay or other indulgence.
13.5 No Merger The obligations of the Advertiser in respect of agreements, consents, covenants and warranties contained in these Terms shall remain in full force and effect and are not extinguished upon termination of the Agreement.
13.6 No Amendment
The Agreement shall not be varied except by a document in writing signed by the parties.
13.7 Governing Law and Jurisdiction
The Agreement shall be read and construed according to the law of the state of Queensland and the parties irrevocably agree that any dispute relating to the Agreement shall be determined in a Court of the State of Queensland with the necessary jurisdiction.
