1. TERMS AND CONDITIONS TO APPLY
DHO GROUP PTY LTD trading as Dry Hire Online [Business Name Registration Number BN22347010] ("Dry Hire Online") and the customer (“Customer”) agree that these terms and conditions ("Terms & Conditions") shall apply to the electronic facility for advertising earthmoving equipment for hire provided by Dry Hire Online by the website DHO to the Customer ("Services") despite any prior agreements, prior offers or dealings or any terms communicated by Dry Hire Online to the Customer.
In accessing or using the DHO Website you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(d) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner or for the purposes of creating any derivative work, without first obtaining written permission from DHO to do so;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law within Australia or Internationally;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
(l) compromise the security or integrity of any network or system including any part of our network
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity; or take legal action
2. ADVERTISEMENT AND PAYMENT
- These Terms & Conditions shall apply to all advertisements uploaded by a Customer using DHO (“Advertisement”);
- The price payable by a Customer for an Advertisement shall be the price listed on DHO at the time the Customer makes a payment for an Advertisement;
- Payment for an Advertisement must either:
i) Be made in full (and using either the payment facility on DHO
or by direct deposit) before Dry Hire Online will provide the Services; or
ii) Be made monthly (using the direct debit facility Dry Hire Online provide) for an initial minimum period of 12 months. Once a membership/subscription has commenced it cannot be cancelled. If you wish to cancel before the end of the initial 12 month period you are still required to pay the balance outstanding for the remainder of the 12 month period.
- Dry Hire Online can vary the price of uploading an Advertisement using DHO at any time;
- Once payment has been received and a Customer has uploaded an Advertisement then a Customer can vary the content of the Advertisement at any time and as often as required subject to clause 4 of these Terms & Conditions;
- Save for payment provisions these Terms and Conditions apply to all Services provided and Advertisements uploaded during any free trial period offered by Dry Hire Online.
- If your account falls into arrears it will be suspended and fall under DHO management.
- Where there is a conflict of interest or direct competitor using Dry Hire Online for their own business growth, Dry Hire Online will be entitled to suspend their account and listings.
3. TAX INVOICE AND GST
- Upon receipt of payment by Dry Hire Online the Customer will receive a tax invoice via email.
- Where a party to the Terms & Conditions makes a Taxable Supply under or in connection with the Terms & Conditions Dry Hire Online will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from the Customer the amount of any GST on the Taxable Supply.
- In these Terms & Conditions:
“GST” means the tax payable on Taxable Supplies under GST Legislation;
“GST Legislation” means A New Tax System (Services and Services Tax) Act 1999 (“Act”) and any related act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax; and
“Taxable Supply” has the meaning given in the Act.
4. ADVERTISEMENT CONTENT
- By uploading an Advertisement on DHO the Customer warrants to Dry Hire Online that any drawings, plans, specifications, photographs and other Advertisement content is accurate and correct in all respects and does not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of any third party;
- The Customer will accept sole responsibility for any drawings, plans, specifications, photographs and other Advertisement content and the Customer is responsible for the suitability of such drawings, plans, specifications, photographs and other Advertisement content the purposes for which it was prepared and acquired by the Customer;
- The Customer agrees to all of the following:
- The advertisement is for the hire of earthmoving equipment only; and
- The advertisement must not advertise any earthmoving equipment for transfer or sale; and
- The Customer is the owner of the earthmoving equipment for hire or the Customer has the written authority from the owner of the earthmoving equipment to advertise the earthmoving equipment for hire; and
- The advertisement must contain the full contact details for the Customer;
- The written content of the advertisement must not contain any profanities or offensive language; and
- Only one piece of earthmoving equipment to be advertised for hire in each advertisement; and
- If the piece of earthmoving equipment contained in the Advertisement has been hired any further earthmoving equipment to be advertised by the Customer must be contained in a new and separate Advertisement; and
- The Advertisement must specify whether the earthmoving equipment is for dry or wet hire; and
- The Advertisement content must be accurate and not misleading in any way; and
- The Advertisement must not state the price for the hire of the earthmoving equipment; and
- Any photographs to used in the Advertisement must:
- Have been taken by the Customer or the Customer must have written authority from the owner of the photograph to use it; and
- Have been taken of the actual piece of earthmoving equipment forming the subject matter of the Advertisement or be of a similar piece of earthmoving equipment and if the photograph is of a similar piece of earthmoving equipment the Advertisement must specify that the photograph used is not of actual piece of earthmoving equipment which is the subject matter of the Advertisement ; and
- Not have been illegally obtained from the internet or otherwise; and
- Be of a minimum pixel resolution of 72dpi
- If a photograph to be used in the Advertisement is not a photograph of the actual piece of earthmoving equipment that is the subject of the Advertisement then the Advertisement must clearly state that the photograph does not accurately portray the actual earthmoving equipment that is the subject of the Advertisement.
- The Customer agrees to indemnify Dry Hire Online in respect of any loss, damage, expense, claim or liability suffered or incurred by Dry Hire Online as a result of any claim by a third party asserting infringement of any intellectual property rights in relation to the Services or any breach by the Customer of this clause 4 or any claims against Dry Hire online arising out of any matters referred to in this clause 4.
- “Proprietary Information” means any and all information relating to Services and/or the operation of Services (including all intellectual property therein) supplied by Dry Hire Online to the Customer and the Customer acknowledges that all Proprietary Information and all right title and interest therein are the sole property of or licensed by Dry Hire Online and the Customer shall gain no right title or interest in the Proprietary Information whatsoever.
- Dry Hire Online accepts no responsibility for the content of Advertisements uploaded by a Customer using DHO.
- There is only one lot of customer contact details and business information to be displayed in each and every advertisement purchased within a package.
- Dry Hire Online reserves the right to use some or all of the content of Advertisements uploaded by a Customer as a promotional tool.
5. CONTINUITY OF SERVICES
- Dry Hire Online will use all reasonable endeavours to deliver continuous Services subject to these Terms & Conditions but Dry Hire Online will not be liable for:
- Any suspension in Services as a result of any delay caused by strikes, lockouts, war, breakdowns, accidents, internet connectivity, fire or any cause beyond the reasonable control of Dry Hire Online; and
- Any loss, damage or other liability whether in contract, tort, negligence or otherwise and whether directly or indirectly arising from the Services not being delivered for any reason.
6. ADVERTISEMENT RANKING
- Dry Hire Online does not control the ranking order of Advertisements and Dry Hire Online accepts no responsibility for the ranking order of Advertisements.
- Standard paid Advertisements will appear below Get Noticed paid Advertisements.
- Free advertisement listings will appear below paid Advertisements.
The Customer agrees that:
- Dry Hire Online makes no warranty or representation in relation to the Services and any conditions or warranties otherwise implied by statute or any other law are expressly excluded to the extent that they are able to be excluded;
- the Customer must satisfy itself as to the truth and accuracy of, and may not rely for any purpose upon, any technical or other advice or information provided by or on behalf of Dry Hire Online in connection with Services or these Terms & Conditions;
- Except to the extent prohibited by law Dry Hire Online shall have no liability to the Customer whether in contract, tort including negligence or otherwise.
8. CUSTOMER'S INDEMNITY
The Customer indemnifies Dry Hire Online, its agents and employees against all claims, demands, actions, costs (including legal costs on a full indemnity basis), charges, expenses, loss, damages or other liability arising from any loss of or damage to any property or the death of or injury to any person in connection with the supply or use of the Services.
9. DEFAULT, INSOLVENCY AND TERMINATION
If the Customer:
- commits a substantial breach of the Terms & Conditions, including unreasonably refusing to accept any of the Services or failing to pay for any of the Services in accordance with the Terms & Conditions; or
- informs any person it is insolvent, commits an act of bankruptcy, has a bankruptcy petition presented against it, becomes bankrupt, becomes subject to or bound by any arrangement, assignment, composition or moratorium of debts with its creditors, official management, receivership, liquidation, voluntary administration, winding up or other external administration,
Dry Hire Online may, without affecting Dry Hire Online 's other rights:
- immediately terminate the provision of the Services by sending an email to the Customer; and
- refuse, suspend or withhold any further Services;
10. GOVERNING LAW
The laws of the State of Queensland shall apply to the Terms & Conditions and the parties submit to the exclusive jurisdiction of the Courts in Brisbane.
Should the Customer need to contact Dry Hire Online the Customer should send an email to Andrew Newsham at email@example.com or telephone Andrew on 1300 156 789.
Dry Hire Online's failure to exercise any right under these Terms & Conditions or failure to insist on strict performance of any part of these Terms & Conditions does not operate as a waiver and a partial exercise of a right does not preclude any further or fuller exercise of that right.
13. VIRUS PROTECTION
Dry Hire Online will use all reasonable endeavours to provide the Services and the customers use of DHO and any communications with Dry Hire Online to be free from computer viruses. However, customers are required to use adequate virus software.
14. REFUND POLICY
- Dry Hire Online does not provide refunds for advertising more than 24 hours from the time of purchase; and
- To be eligible to receive a refund we need you to email us within 24 hours of your purchase and state contact name, business name, email address, package type, number of advertisements purchased and the reason for your request; and
- Dry Hire Online takes no responsibility for refund requests that are not received within these time limits due to any reason including without limitation, site traffic congestion, use of incorrect addresses, internet difficulties, computer problems, or requests made by telephone, postal mail, or any other way that is not outlined in this policy.