© 2019 NeighbourHire. All Rights Reserved.
Terms last updated 23 April 2019.
1. The NeighbourHire software application (“App”) enables users (“Users”) to hire products and services to other Users.
1.3 NeighbourHire is the operator of the App as a digital platform which enables Users to connect for the supply and hire of products and services through the App (our “Services”).
1.4 Users are solely responsible for hire transactions entered into. Any decision made to hire a product or service is made at the User’s sole discretion and risk and each User must decide whether a hire product or service is suitable for what is required.
1.5 We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on our App.
1.6 Any reference herein to “we”, “our”, or “us” means Neighbour Hire Pty Ltd (ACN: 626 866 322) (“NeighbourHire”). Any reference to “you” or “your” means you, as a User of our App.
2.1 “Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
2.2 “Content” means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that User submits through the App.
2.3 “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
2.4 “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
2.5 “Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tore (including negligence), restitution, pursuant to statute or otherwise at law or in equity.
2.6 “Loss” means any cost, expense, loss, damage or Liability including personal injury and death whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.
2.7 “Payment Processing Fees” means the fees charged to Users by the Payment Processing Services located at https://stripe.com/au/pricing.
2.8 “Payment Processing Service” means Stripe, Inc.
2.9 “PPSA” means Personal Property Securities Act 2009 (Cth).
2.10 “Privacy Laws” means the Privacy Act 1988 (Cth) and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
2.11 “Transaction Fee” means 18% of the daily rate hire payment for the hire value of products and services exclusive of the Payment Processing Fees.
2.12 “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.
Downloading the App
3.1 The App is available for free download from the iTunes Store or the Google Play Store (collectively “App Store”). We are not responsible for and disclaim any Liability for downloads obtained or used outside of these sources. You may source the official downloads links on our website located at www.neighbourhire.com.au.
3.2 Please refer to the terms and conditions of the applicable App Store before downloading the App.
Use of the App
4.1 You must not use our App and engage our Services if you are 18 years of age. If you are under the age of 18, you must not use or install the App.
4.2 You agree that our role is providing a service of publication and dissemination of marketing information online to enable listings on our App for the supply of and hire of products and services. Users agree that NeighbourHire:
a) will not be liable to any person in relation to the offer for sale or supply of any products or services advertised on our App including for any Loss or Liability;
b) is not responsible for the enforcement of any contractual obligations arising out of a contract for the hire of any products and services. NeighbourHire will have no obligation to mediate any disputes between the parties to any such contract;
c) is not responsible for the accuracy of information or content provided by Users on our App;
d) cannot be held responsible for the actions, omissions or representations of Users, either on or off the App; and
e) cannot guarantee that any information provided by a User is true, accurate, complete, current and not misleading or deceptive.
4.3 Users agree to make their own enquiries to verify information provided by a User and to assess the suitability of hiring products and services. Please immediately report to NeighbourHire any suspected suspicious or fraudulent activity at How to Contact Us.
4.4 Your use of our Services must comply with NeighbourHire’s Best Practice Policy.
4.5 Contact between Users outside of the App including the direct sharing of contact information is prohibited. Users must use the App tools including the call and directions button for User communications.
4.6 If a User’s Account shows signs of fraud, abuse or suspicious activity or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete, NeighbourHire may suspend, cancel or edit the User’s Account.
5.1 Subject to User’s compliance with these Terms, NeighbourHire grants Users a limited, non-exclusive, non-sub-licensable, non-transferable licence to download and install a copy of the App on a single mobile device that User owns or controls.
5.2 User agrees to:
a) only use the App for the purpose for which it was created;
b) only install or access the App from compatible mobile devices;
c) must not reverse engineer, disassemble, or decompile any software contained in the App, create derivative works based on the software, or otherwise attempt to gain access to its method of operation or source code.
d) must not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the App;
e) must not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the App.
6.1 To obtain full access to the App, Users must sign up for an account (“Account”). By signing up for an Account, Users agree to be bound by these Terms.
6.3 During the registration process for an Account, Users must provide the following information:
b) email address;
c) mailing address;
d) telephone number;
f) profile image;
g) driver’s licence;
h) any other information as specified in the Account interface.
6.4 You warrant that the Registration Information you provide to us during the registration process will be accurate, correct and up to date.
6.5 You consent to NeighbourHire verifying your identity and age using your driver’s licence and profile image. If you have been issued with a new driver’s licence you must use this licence. You cannot use a driver’s licence that is expired or cancelled.
6.6 For verification purposes of your identity, you understand that as a Registered User, you personally are present for the pick up or delivery of hire products and services.
6.7 NeighbourHire may undertake additional enquiries to confirm the identity of any Users but does not endorse Users or their listings. NeighbourHire does not guarantee the existence, quality, safety, suitability or legality of any Users or their supply. User agrees that the entire risk arising out of your use of our Services remains solely with User to the maximum extent permitted by law.
6.8 If your Registration Information changes, you must promptly update your Account to reflect those changes.
6.9 We may suspend or terminate an Account for any breach of these Terms including if misuse of fraudulent activity is detected. Users acknowledge that access to an Account will be disabled when an Account is suspended or terminated.
Alerts, Prompts, Push Notifications and Updates
7.1 As part of installation of the App on User’s mobile device, the App may be configured to allow the delivery of notifications to your mobile device (“Push Notifications”), which may include alerts, badges, banners and sounds. App will generate Push Notifications on User’s mobile device and User acknowledges and consents to receipt of these Push Notifications.
7.2 The App will issue various prompts to Users including:
b) confirmation to Users:
i) of payment of hire fee for products or services;
ii) to proceed with pick-up of or take delivery of products or service.
c) User to confirm that the other User matches a profile image and completion of pick up or delivery;
d) User will be prompted to enter condition of hire products in a condition report together with an electronic signature (“Condition Report”). Other contracting party User will receive a prompt to provide an electronic signature that User agrees:
i) to the other User’s Condition Report; and
ii) that User will return the products in the same condition as set out in the Condition Report.
Users consents to us retaining their electronic signatures in our secure Neighbour Hire database;
e) Upon return of a product, User will be prompted to click “Item returned” in the App. In turn, the other User will be prompted to raise any issues in regards to the condition of the product and will be required to provide evidence through the App such as dated photos of the product. The supply of false evidence is prohibited. In sending us evidence through the App, User warrants that the evidence is truthful, accurate and not misleading. Neighbour Hire will make a decision on the basis of the evidence submitted in its sole discretion including as to any refunds and reserves its right to refer any disputes for resolution between the parties alone under clause 10.
f) “feedback” or ratings in relation to hire transaction.
7.3 User may “opt-in” to NeighbourHire sending communications via the email address registered under User’s Registration Information. User acknowledges and agrees that receipt of email communications is dependent on the operation of User’s mobile device provider and the service of the mobile device provider. NeighbourHire will not be responsible or liable for any costs or damages incurred by User not receiving email notifications or by the insufficient operation of User’s mobile device, mobile network and mobile phone company. Please contact us if you wish opt-out.
7.4 User is responsible for installing and downloading any available updates that NeighbourHire may release for the App. User agrees that updates may be required to fix issues with the software contained in the App or otherwise to improve the App’s functionality.
7.5 NeighbourHire uses OneSignal for the management of mobile and web push notifications. User acknowledges that its data may be transmitted and stored by OneSignal. User can find out more about how OneSignal handles your data here.
8.1 Users acknowledge that they are entirely responsible for all activities that occur under their Account and for keeping it secure.
8.2 NeighbourHire will not be liable for any Loss or damage from User’s failure to maintain the security of their Account. User must immediately notify NeighbourHire of any unauthorised use of their Account or any other breach of security known to User.
8.3 You are solely responsible for maintaining the confidentiality of your Account and the secrecy of your User ID and password (“Login Details”);
8.4 You must not authorise or permit anyone else to access your Account by using your Login Details.
8.5 You must not attempt to login to another User’s account.Listing Prices and Payments
9.1 Suppliers of hire products and services may list the hire of their products and services for a daily rate and may amend the list price for the daily rate at any time. NeighbourHire does not set or moderate daily rate list prices and User bears the entire responsibility for its daily rate list price for a supply. You must not manipulate this feature to increase prices or add on prices to a confirmed booking with a hirer of your products or services. We reserve the right to refund payment to a hirer in these circumstances.
9.2 User acknowledges and agrees that failure to return a hired product at the end of the hire period will result in:
a) the then daily hire charge continuing to accrue at the same daily rate as the listed hire price until the product is returned, and
b) repossession of the product, debt collection, or legal proceedings with all costs and expenses incurred for the charge of the User.
9.3 We charge the Transaction Fee comprising a percentage that is deducted each time a payment is processed for the hire of a product or service booked at the daily rate for that transaction. Where NeighbourHire collect a payment on your behalf for the hire of products and services through the App, you agree that we will remit you the payment amount less our Transaction Fee and the Payment Processing Fees of the Payment Processing Service. Neighbour Hire may require additional information from you for transaction verification. Neighbour Hire is not responsible for and disclaims any Liability in relation to payment delays due to circumstances outside of its control.
9.4 Payment for the hire of products and services may be made through the third-party Payment Processing Service.
9.6 All payments are in Australian Dollars (AUD).
9.7 If there are payment failures due to insufficient funds, incorrect or outdated payment information, NeighbourHire reserves the right to:
a) recover payment and deny a User access to our Services; or
b) cancel or suspend an Account if we are unable to process the Transaction Fee for our Services; or
c) refer your overdue account to a collection agency and/or law firm for any payments owed.
In the event that your outstanding payment is referred to a collection agency or law firm, you will be liable for all costs incurred including any legal demand costs or other additional costs.
9.8) All fees payable under these Terms are exclusive of GST. If GST is imposed on any supply made under or in accordance with these Terms, the User must pay to NeighbourHire an additional amount equal to the GST payable on or for the taxable supply in accordance with the GST Law.
10.1 Users who supply personal property for hire accept sole responsibility for the merchantability quality of the personal property. It is User’s responsibility to ensure that personal property available for hire is “fit for use”, is in good repair and safe to use and must ensure its supply is in accordance with all Laws including local safety standards and requirements.
10.2 Users that hire personal property from other Users do so at their sole risk and must inspect and assess the safety and condition of personal property prior to use.
10.3 Users agree that any Claims or Liability arising out of the hire of the property including that which relates to the safety of the property resulting in a Loss is for resolution between the Users and NeighbourHire is not a party to such dispute.
10.4 Users who supply personal property for hire bear the sole responsibility of registering a security interests with the Registrar of Personal Property Securities pursuant to the PPSA in order to perfect any security interests in personal property. Users who hire personal property waive their rights to receive any notice under the PPSA (including notice of verification statement).
10.5 Users who hire personal property:
a) are responsible for the safekeeping of personal property and returning the personal property undamaged and complete with all accessories; and
b) bear the Liability for the total cost of any repairs or replacement to damaged, lost or stolen personal property.
10.5 If NeighbourHire receives a report that a User has engaged in fraudulent or any other unlawful activity, Neighbourhire has the right to immediately terminate your access to our Services. If NeighbourHire receives a request for information from the police or other authorities, User authorises NeighbourHire to share their Registration Information and other data with such authorities.
10.6 User bears all risk in relation to any damages to personal property through the supply of our Services. Users are solely responsible for interactions and disputes with other Users including for any Claims, Losses or Liability in relation to the hire of personal property.
10.7 To resolve any disputes for any supply or a product or service under these Terms, User must communicate with the other User in relation to any Claims, Losses or Liability after User discovers any physical loss or damage to personal property or for any other act or omission in relation to any transaction between Users.
10.8 It is User’s sole obligation to keep personal property in its custody insured for physical loss or damage. NeighbourHire disclaims all Liability for any Claims or Losses, damages, cost or expense of whatsoever nature, directly or indirectly howsoever caused by or related to User’s use of our Services.
10.9 User acknowledges and agrees that:
a) Uses the Services at its sole risk;
b) NeighbourHire has no obligation to resolve any disputes between Users; and we offer damages and cleaning fees that if we are submitted the correct information.
c) NeighbourHire will not be liable for any Claims, Losses or Liability including personal or bodily injury from User’s use of the Services. Our Services are provided “as is” without warranty of any kind, either express or implied.
10.10 User must contact Neighbour Hire about a complaint. NeighbourHire reserves the right, but has no obligation to monitor disputes between Users although may in its sole discretion involve itself in such a dispute for the purpose of improving the user experience of Users.
11.1 NeighbourHire will process refunds for its Transaction Fee in accordance with the Australian Consumer Law.
11.2 Refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
11.3 NeighbourHire will only facilitate a refund for a Transaction Fee if we are unable to facilitate the completion of our Services or if the delivery of our Services is defective or if NeighbourHire determines, in our absolute discretion, it is reasonable to do so.
General obligations of all Users
12.1 As a User, you agree that:
you will use the Services only for purposes permitted by the Terms and you will abide by any applicable Law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
a) you have the sole responsibility for protecting the confidentiality of your password and other confidential User Account information. The use of your password by any other person may result in the immediate cancellation of your User Account (your password must comply with our password policy which requires a password of 8 characters in length, least one upper case letter, one number and one special character);
b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify NeighbourHire of any unauthorised use of your password or any breach of security of which you have become aware;
c) you must not use the Services or App for any illegal or unauthorised purpose which includes collecting email addresses of other Users by electronic or other means for sending unsolicited email or unauthorised framing or linking to the App;
d) commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App without notice and may result in immediate termination of your User Account or access to the App;
e) you must not expressly or impliedly impersonate another User or use another User’s account or password.
Copyright and Intellectual Property
13.1 The Works (“Copyright Material”) in the App and all the related products and services of NeighbourHire are subject to copyright and owned by the copyright owner. The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties.
13.2 All rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App, code, scripts, design elements and interactive features) or the Services are owned or controlled by NeighbourHire.
13.3 All trademarks, service marks, and trade names are owned, registered or licensed by NeighbourHire.
13.4 You may not, without the prior written permission of NeighbourHire and the permission of any other relevant rights owners broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change the Copyright Material.
13.5 The App and its content (including the programming code) may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution, without NeighbourHire’s prior written consent.
14.1 As a User, you warrant that:
a) you are solely responsible for any user content (“User Content”) you may post, upload, publish, submit, transmit or otherwise make available on or through the App;
b) you are the sole and exclusive owner of your User Content you make available through the App and have all rights, licenses, permissions, consents and releases and approvals necessary to use and publish the User Content on the App;
c) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content on the App will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law or Privacy Laws.
14.2 Explicit or offensive content is prohibited. We do not moderate explicit or offensive content. Please immediately report to NeighbourHire any explicit or offensive content at Contact Us.
14.3 User grants NeighbourHire a non-exclusive, worldwide, perpetual, irrevocable and royalty free licence to:
a) use, copy, display, share, perform, distribute, disseminate, transmit, translate, edit, cache, store and create derivative works of User Content on the App, and
b) use the User Content for data analytics to improve our Services.
14.4 User is entirely responsible for the User Content that User uploads to the App including that User has obtained all necessary consents from third parties. User acknowledges that NeighbourHire does not verify any of User Content.
14.5 User must not upload, send or transmit any Content through the App that:
a) does not comply with any applicable Privacy Laws;
b) is deceptive or misleading;
c) offensive or explicit;
d) infringes any Intellectual Property Rights; or
e) is collected, used or disclosed without an individual’s consent.
14.6 NeighbourHire reserves the right to suspend or terminate a User’s Account if any of User Content is in breach of these Terms.
14.7 NeighbourHire is not responsible for and disclaims all Liability in respect of any User Content that a User uploads through the App or for any Loss resulting from any action taken or reliance made in relation to a User’s Content.
Insurance and Assumption of Liability
15.1 As a User you bear the responsibility at your sole cost and expense of:
a) obtaining and keeping in full force and effect insurance as a prudent person would take out with reputable insurers; and
b) maintaining such insurance policy to satisfy such Claims as a User may bring on the basis of the risks and responsibilities you assume pursuant to your use of our App and Services.
15.2 You assume all risk for any Claims, Liability or Loss as a User (whether as supplier or purchaser) for the hire of any products or services transacted through the App.
16.1 Use of the App and related products and services is at your own risk. Everything on the App and any related products and services is provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NeighbourHire make any express or implied representation or warranty about the App or any other products or services referred to on the App. This includes (but is not restricted to) Loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the App (including third party material and advertisements on the App); and
c) costs incurred as a result of you using the App or any other related products or services of NeighbourHire.
16.2 NeighbourHire makes no warranty or guarantee and has no control over whether any alerts, messages, or notifications will be delivered to the intended Contacts in real time, or without delay, or that they will be responded to without undue delay.
16.3 Users should consider carefully which contacts or Users they choose to interact with either on or off the App and ensure that their details are always up to date and correct.
16.4 NeighbourHire does not warrant the products or services of any third-party providers (for example, app hosting).
16.5 NeighbourHire does not warrant that the App or any other related products or services will be error-free, uninterrupted or free of bugs or viruses.
16.6 It is User’s sole responsibility to determine that the App or any other related products or services meet the needs of the User or are otherwise suitable for the purpose for which they are purchased or used.
Limitation of Liability
17.1 To the extent permissible at law, NeighbourHire is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any Claims, Losses, Liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide the App or any other related products or services under these Terms.
17.2 Except as provided in these Terms, NeighbourHire excludes all representations and warranties relating to the subject matter of these Terms, the App, or any other related products or services.
17.3 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible NeighbourHire limits its Liability as follows, at our option:
a) for any Claims relating to these Terms, to the fees payable under these Terms (if applicable) for the preceding one (1) month;
b) in the case of products including any digital products: (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
This limitation applies to any supply under or related to these Terms including the App, or any other related products or services and covers loss of data, any viruses or other disabling features that affect User’s access to or use of the App or any other related products or services, delays or failures User may have in using the App including any connections or transmissions that fail or are not completed in an accurate or timely manner.
18.1 Users may cancel their Accounts with NeighbourHire where this option is made available to you in the App. Termination of your Account does not affect the survival of these Terms or is not a ground for a refund of any fees.
18.2 Termination of these Terms does not affect any contract that has been formed between Users through the offer and acceptance of products or services for hire.
18.3 If User’s Account is terminated, deleted or suspended, any User Content associated with User’s Account may be permanently deleted, along with any other information associated with User’s Account. NeighbourHire takes no responsibility for any damage or Losses that may result from the foregoing.
18.4 NeighbourHire may at any time, terminate User’s access to the App if:
a) User breaches any provision of the Terms;
b) User conduct impacts NeighbourHire name or reputation or violates the rights of those of another party;
c) NeighbourHire is required to do so by Law;
d) the provision of the App is, in the opinion of NeighbourHire, no longer commercially viable.
18.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and NeighbourHire have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
19.1 User agrees to defend, indemnify and hold NeighbourHire, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, Claims, demands, Liabilities, costs, expenses, Losses and damage (including legal fees on a full indemnity basis) brought against or sustained by NeighbourHire, which:
a) is directly or indirectly caused by User’s breach of these Terms;
b) is directly or indirectly caused by any wilful, reckless or negligent act of User;
c) is directly or indirectly caused by the failure or interruption to the App;
d) is caused by User’s act or omission and constitutes a loss of or damage to property;
e) is brought by any third-party in respect of personal injury, death or damage to third-party property.
19.2 Except as required by Law, NeighbourHire will not be liable for any Claim, Loss or Liability for personal injury, death or damage to User or its property however it may be caused.
19.3 NeighbourHire reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, and in such case, User agrees to cooperate with our defence of such claim
19.4 In no event will NeighbourHire be liable to User for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.
20.1 If a dispute arises out of or relates to the Terms as between NeighbourHire and a User, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
a) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
c) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
i) a mediator agreed on by the Disputants; or
ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
f) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
g) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
h) Location, timing and attendance. The mediation will be held in Melbourne, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representatives.
i) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
j) Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
Third Party Sites and Advertising
21.1 The App may contain advertisements from third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the content of any linked sites.
21.2 NeighbourHire makes no representation or warranty regarding any content, goods or services provided by any third party and will not be liable for any Claim relating to any third-party content, goods or services.
21.3 Links to third party sites or application programming interfaces (APIs) including any social media websites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association, or affiliation by us of those applications or the products or services provided at those sites. Your access and logins to any such site is entirely at your own risk.
Your feedback is important to us. NeighbourHire welcomes and encourages you to provide feedback, reviews, comments and suggestions for improvements to the App, or any other products or services of NeighbourHire (“Feedback“). You may submit Feedback by contacting us using the contact details provided below.
Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.
24.1 User agrees that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these Terms.
24.2 User may not assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these Terms.
If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.
Law and Jurisdiction
These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.
NeighbourHire, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
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