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:
- access and use the Awayco Platform (Platform) including using our website at www.awayco.com, services and functionality made available through the Platform;
- view and interact with any content, information, communications, advice, text or other material provided by Awayco on the Platform (Platform Content);
- upload content, including pictures, photographs, graphics, information, comment, content, communications, text or other material, including in relation to Products and Rental Services (User Content) to the Platform; and
- communicate and transact directly with other Users.
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 email@example.com 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.
- Definitions and Interpretation
- Definitions and Interpretation
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);
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:
- these Terms, including Information submitted or disclosed by either Party during negotiations, discussions and meetings relating to these Terms;
- Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and
- all other Information belonging or relating to a Disclosing Party, or any Affiliate of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Affiliate of that Disclosing Party;
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:
- forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;
- copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and
- samples or specimens disclosed by either Party;