These Terms are between you or the company or person that you represent (the Principal) and Awayco Pty Ltd ACN 617 972 139 (Awayco, we, us or our). If you are entering into these Terms on behalf of a Principal, you warrant that you have the requisite authority to do so. These Terms apply unless you have another agreement with us in respect to access to the Platform.
These Terms provide the terms on which Awayco permits Users to:
You or the Principal may be an Owner, a Renter, an employee, agent, consultant, service provider, subcontractor (including a third party supplier) or a third party nominated by an Owner or a Renter from time to time (collectively, you or your). You agree to be bound by these Terms when you use, browse or access any part of the Platform.
Awayco may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Platform will be governed by the most recent Terms posted on the Platform. By continuing to use the Platform, you agree to be bound by the most recent Terms. It is your responsibility to check the Platform regularly for updated versions of the Terms.
If Awayco updates the Terms and you believe that this change will have a detrimental impact on you or on your use of the Platform, you are entitled to terminate these Terms by giving Awayco notice of your decision no later than 30 days after the effective date of the change by contacting Awayco at firstname.lastname@example.org with the subject line "Termination for Change", with a description of your request to terminate and your contact details. It is your obligation to take a copy of your User Content before providing this notice to Awayco as later access may not be granted. Any account you have may also be cancelled and you must no longer access or use the Platform under the suspended account.
You accept that Awayco provides a Platform only and does not provide or rent any Products to Renters. The Rental Agreement for use of a Product is between an Owner and a Renter and not with Awayco.
Account has the meaning set out in clause 2.1;
ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth);
Affiliate of a Party means any entity, whether incorporated or not, that Controls, is Controlled by, or is under common Control with such Party;
Booking means a booking for the Rental Services made on the Platform by a Renter;
Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in the place where a thing needs to be done;
Confidential Information means:
Control, Controls or Controlled means the ability, whether directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise;
Disclosing Party means the Party to whom Information belongs or relates;
Fees means the amounts payable to the Owner from the Renter for the provision of Rental Services, including any amounts paid on account of VAT (GST);
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute;
Information means any information, whether oral, graphic, electronic, written or in any other form, including:
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
Law means in any jurisdiction that is applicable to this Agreement:
Loss means any loss, damage, cost or expense;
Owner means a provider of Products who is registered on the Platform to advertise, connect, communicate with and/or offer its Rental Services to Renters;
Party means you or Awayco;
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes without limitation anything that is defined as personal information or as sensitive information or as personal data in the relevant Privacy Laws;
Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy and the protection of Personal Information;
Product means a product made available for Rental Services, as advertised by an Owner on the Platform;
Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party;
Rental Agreement means the rental agreement for the Products between an Owner and a Renter in accordance with clause 3.5;
Rental Services means the services provided by the Owner to the Renter and include, but are not limited to, the provision of access to and use of the Owner's Products and any other services advertised by the Owner on the Platform;
Renter means a user who is registered on the Platform to browse, connect, communicate with and/or purchase Rental Services from Owners;
Services means the services provided by Awayco to Users set out in clause 3;
Service Charges means the fees payable by the Owner to Awayco for the provision of the Services as set out in clause 7.3(b);
Terms means these agreed terms;
User has the meaning set out in clause 2.1; and
VAT (GST) has the meaning set out in clause 15.
In these Terms, unless the context requires otherwise:
|Cancellation Policy||Full Refund||50% refund||No Refund|
|Most Flexible||Bookings cancelled at least 48 hours prior to commencement||Bookings cancelled at least 24 hours, but less than 7 days prior to commencement||Bookings cancelled within 24 hours of commencement|
This section only applies in respect of an Owner.
This Section only applies in respect of an Owner.
As an Owner, you must:
This Section only applies in respect of a Renter.
Subject to clause 10.2, the Receiving Party must:
The obligations of confidentiality under clause 10.1 do not apply to:
Each Party must promptly notify the other Party if it becomes aware of any unauthorised access, use or disclosure of all or any part of the Confidential Information and must give that other Party all reasonable assistance in connection with any claim which it may institute in connection with that unauthorised access, use or disclosure.
Immediately on the written request of the Disclosing Party, a Receiving Party must:
You agree and acknowledge that you will fully indemnify Awayco in respect of all Loss, damages, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with:
you must account for VAT (GST) under the reverse charge procedure or whatever procedure is appropriate according to the Laws and clause 15.3 does not apply.
These Terms contain the entire understanding between the Parties concerning the subject matter of these Terms and supersede all prior communications between the Parties.
These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a Party because that Party was responsible for the Terms' preparation.
These Terms bind and benefit the Parties and their respective successors and permitted assigns under clause 16.5.
You cannot assign or otherwise transfer the benefit of these Terms without our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without your prior consent.
You consent to Awayco contacting you by electronic means including through email.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
These Terms are governed by and must be construed in accordance with the Laws in force in the State of New South Wales, Australia. The Parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance or subject matter.
Unless these Terms expressly provides otherwise: