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TERMS OF USE

www.lokalroo.com

These Terms of Use (“Terms”) apply to all Users of this Website (“Website”). This Website is owned and operated by Flexymode Pty Ltd t/a Lokalroo, (ABN 38 642 241 209).

We may modify and update these Terms at any time, without notice. You need to ensure You review the Terms from time to time. In using our Website and services, You agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

If You do not accept these Terms, we cannot accept your listing or your request to hire any Equipment or Services advertised on this Website.

DEFINITIONS

“Advertiser” means a User of this Website who lists Equipment or Services for hire on this Website.

“Commission” means the fee payable to us by an Advertiser, which is calculated as a proportion of the Hire Fee.

“Content” means any and all material, links, words and images the User submits or links to the Website.

“Customer” means a User of this Website who hires Equipment or Services from an Advertiser that is advertised on this Website.

“Delivery” means any Equipment or Services which have been paid for by a Customer and delivered to the Customer by an Advertiser.

“Equipment” means any equipment, goods, vehicles, tools or machinery advertised on this Website by Advertisers for hire by Customers.

“Hire Fee” means the fee paid by a Customer to hire Equipment or Services via the Website.

“Services” means any services advertised on this Website by Advertisers for hire by Customers.

“Website”, “the Website”, “this Website” and “our Website” means www.lokalroo.com.

“User”, and “You” means any user of this Website, including Advertisers and Customers. You can be both an Advertiser in relation to some Equipment and/or Services and a Customer in relation to some other Equipment and/or Services.

“We”, “our”, “us” and “Lokalroo” means Flexymode Pty Ltd t/a Lokalroo, (ABN 38 642 241 209).

HOW IT WORKS

 We help Advertisers to grow their business by connecting with Customers in their local area.

We help Customers to identify and connect with Advertisers who provide valuable Services and Equipment rentals in their local area.

Advertisers can create as many listings as they wish, for free. Advertisers may include images, text, pricing information, and availability details within their listings. Advertisers can send messages back to any Customers who have messaged them.

Customers can sign up for free and can search for Advertisers using keywords, and results appear on an interactive map. Customers can send messages to Advertisers and can book and make payments via the Website.

Hire Fees are paid by Customers for any Services or Equipment that they choose to hire. Payments are handled by our third-party payment provider. Hire Fees are held in escrow until Delivery has been provided. Our Commission is deducted from the Hire Fee before the balance is released to the Advertiser.

 

 ROLE OF LOKALROO

We are acting as a neutral facilitator only, by providing an information and classified service that brings together Advertisers and Customers of Equipment and Services. We are not a party to any transaction for the hire of Equipment or Services between any Advertisers and Customers that may originate on or through this Website. All information about particular Equipment and Services is supplied by the Advertiser and not by us. The price and all other terms of any rental agreement are contractual obligations between the Advertiser and Customer. We are not involved at any time.

We do not and cannot verify the information that Advertisers supply nor can we guarantee the Equipment or Services that they offer. We are not involved in, are not responsible for and we assume no liability in respect of any Advertisers, quotes, information supplied, prices, contracts or anything related to Equipment or Services between Advertisers and Customers.

We do not and cannot verify whether Advertisers hold relevant licences, certifications, permits, or qualifications (“Qualifications”) that may be required for the Services or Equipment that they offer in their local area. It is up to the Customer to check for any Qualifications before making a booking with any Advertiser.

We urge You to make your own enquiries about any User before engaging in a rental agreement with that party and that You do your own due diligence to verify all Users, information, Qualifications, Equipment and/or Services independently.

MEMBERSHIP

 It is free to become a member on our Website.

In order to advertise or hire Equipment or Services on this Website, You must register for and set up an account on our Website. You must first fill in your registration details that are required in the online form to gain access.

If You are registering as an Advertiser, You must verify your identification via Australia Post Digital iD.

You agree to ensure that your registration details are, and any Content You provide is, accurate and up-to-date.

 COMMISSION

A Commission is payable by Advertisers for any Equipment or Services hired by a Customer on the Website.

Our rates of Commission may change from time to time but up-to-date rates will be displayed on our Website.

The Commission will be deducted from the Hire Fee, before the balance fees are paid to the Advertiser.

There will be no refunds or credits for Hire Fees, Commissions, or any other fees that You incur as a result of using this Website, except as provided by the Australian Consumer Law or any other applicable laws.

 USER CONTENT

When You submit any Content to this Website, You represent that You have the ownership rights and title to this information and material, or have the right to present and publish it. You also represent that You are not breaching any regulations, restrictions or third party rights.

We may, but are not obligated to, remove any Content at any time that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms.

By using this Website, You authorise us on a non-exclusive, royalty-free basis to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to this Website.

CANCELLATION OF BOOKINGS

 It is a core concept of our Website that both parties should be able to cancel at any time (prior to the scheduled booking time) without penalty.

Any cancellations of bookings for Equipment or Services must be initiated before the scheduled booking time.

To ensure that the Advertiser is notified of any cancellations, cancellations can only be confirmed by the Advertiser. If a Customer wishes to cancel a booking, they must contact the Advertiser to request a cancellation.

Advertisers must agree to any cancellation request which has been submitted by a Customer before the scheduled booking time.

Once we receive notification that a booking has been cancelled, we will initiate a refund of the Hire Fee.

In the event of any dispute or disagreement regarding a cancellation, You may notify us using the dispute form which is available on our Website.

NO SHOWS

 If a Customer does not show up to the relevant location at the time of the booking, no refunds are available.

If an Advertiser does not show up to the relevant location at the time of the booking, the Customer must notify us within 24 hours in order to facilitate a refund.

CANCELLATION OF MEMBERSHIP

TO CANCEL YOUR MEMBERSHIP: You are able to cancel your membership at any time by contacting us.

When You cancel your membership, You must still pay any outstanding fees.  You are responsible for all costs, fees or outstanding Hire Fees owed to any other User or any outstanding Commissions. You agree to fully indemnify us for any amounts outstanding owed by You to any other User or third party.

On cancellation of your membership, all of your Content, material and links may be deleted from view on the Website.

WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We have the right to terminate your membership and account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms, including a failure to pay outstanding fees. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information You provide on this Website is untrue, inaccurate or incomplete, or that You have breached any Terms, if your content is offensive, if we receive numerous complaints from Customers or third parties, or for any other reason including if, in our opinion, You have breached the purpose of our Website, at our sole discretion we have the right to immediately terminate your account. We may also deny the use of our Website and services to You in the future and are not obligated to return any fees in the event of any breach.

When You enter into a rental agreement with another User, You create a legally binding contract with that User. If You fail to comply with your obligations under that agreement, or complaints are received about You from other Users, we may terminate your membership and account without notice.

Upon such termination, regardless of the reasons, your right to use this Website immediately ceases and You acknowledge and agree we may immediately deactivate or delete your account and all related information and files, including any active listings. We may also bar You from any further access to our Website. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to You for such termination of your membership.

GENERAL USER AGREEMENT

AGREEMENT FOR ADVERTISERS

To be eligible to list Equipment or Services on this Website, You agree to the following:

You warrant that:

  • The information You post or advertise on the Website is genuine, true and accurate, including the descriptions of any Equipment or Services You are advertising, and the details of any licences, certifications, permits, qualifications or safety requirements that apply to use of the Equipment or Services You are advertising;
  • You hold any and all necessary licences, certifications, permits or qualifications as required by law for the Equipment and/or Services that You are providing;
  • You will keep your information updated and any Content You include on your advertisement, links or Website complies with applicable laws, codes and regulations;
  • All material and Content You link to from our Website is accurate, reliable, up-to-date, lawful, and not misleading;
  • You are legally entitled to rent out any Equipment that You advertise on the Website, and the Equipment is not stolen or otherwise taken from its rightful owner without their knowledge or consent;
  • You will at all times abide by the Australian Consumer Law (‘ACL’) requirements and guarantees including but not limited to the re-supply or refund of any goods or services You supply or provide which do not meet ACL requirements.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting Advertisers to post their Equipment and Services on our Website but we do not guarantee any bookings, business, increase in traffic or otherwise;
  • You will at all times keep us updated on any change to address or details of your Advertiser listing to enable us to update any location and the Website;
  • You will pay the associated Commissions for any Equipment and/or Services which You hire to Customers on this Website;
  • You must agree to any cancellation request submitted by a Customer before the scheduled booking time;
  • In the event that a Customer cancels a booking before the scheduled booking time, they will be entitled to a full refund of the Hire Fee;
  • We display all Advertiser listings in the same manner, on the same basis and do not promote or recommend any one Advertiser over any other, subject to the options available to Advertisers to subscribe to enhancements to listings for a fee or as a result of some other promotion which we determine at our sole discretion;
  • Any Equipment or Services You provide through your listings on this Website is done directly with the Customer, and is your contractual relationship with the Customer. Any disputes, issues, dealings, complaints are to be dealt with directly with the Customer and we are not to be involved;
  • In the event that Customers need to hold any licences, certifications, permits or qualifications (“Qualifications”) in order to use the Equipment or receive the Services, You will ensure that all Customers to which You provide Equipment or Services hold all required Qualifications;
  • You are responsible for ensuring that by offering Equipment and/or Services for rent, You comply with applicable laws, codes and regulations, including any specific requirements with respect to the supply of all Equipment and Services;
  • You must hold any insurance as required by law for the Equipment and/or Services that You advertise on the Website, and You are strongly encouraged to obtain relevant insurance including but not limited to third party liability insurance, even if not required to do so by law;
  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, any errors or inaccuracies in your advertisements, or any disputes with Customers, any third party liabilities or any other issues that result from your use of the Website;
  • Your advertisement must comply with these Terms and any specifications or requirements we may separately provide to You from time to time;
  • We may provide You with specifications required to place an advertisement on our Website. When submitting an advertisement, please ensure that it meets the specifications and is within the spirit of and matches the scope, look, feel and etiquette of our Website. We will review the advertisement and may make any modifications we consider necessary or appropriate to ensure compliance with our requirements and the Terms; and
  • We may review any advertisements that You submit before publishing them on the Website, and we reserve the right to reject any advertisements in our sole discretion.

AGREEMENT FOR CUSTOMERS

To be eligible to rent Equipment and/or Services advertised on this Website, You agree to the following:

You warrant that:

  • You will keep your information updated and will ensure that any Content You provide complies with applicable laws, codes and regulations;
  • You hold any and all necessary licences, certifications, permits or qualifications as required by law for the Equipment and/or Services that You are hiring;
  • You will at all times abide by the terms of any Advertisers with which You deal; and
  • You will manage and take over any claim by any Advertiser or third party that may arise as a direct or indirect result of your use of our services and this Website.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting Customers to source Equipment and Services for rent through Advertisers on our Website;
  • We do not review listings by Advertisers on this Website and do not guarantee the accuracy of any listings, or the availability, quality, safety, suitability or otherwise of the Equipment or Services;
  • You will comply with the terms and conditions of the rental agreement You form with an Advertiser, including the amount to be paid for the Equipment and/or Services, the duration of any Services and agreed return of any Equipment, and any other conditions specific to the rental;
  • Your use of the Equipment and/or Services is at your own risk and we are not liable for any damage, injury or death caused by the Equipment and/or Services;
  • You are responsible for ensuring that your use of the Equipment and/or Services complies with applicable laws, codes and regulations, including occupational safety and health laws;
  • You must hold any insurance as required by law for the Equipment and/or Services that You hire on the Website, and You are strongly encouraged to obtain relevant insurance including but not limited to third party liability insurance, even if not required to do so by law;
  • You are responsible for ensuring that You have the relevant skill, knowledge, experience, certificates and any licences as required by law to rent, use and operate the Equipment and/or to engage the Services; and
  • You will operate, maintain and store the Equipment, and will use the Services, in accordance with any instruction provided by the Advertiser, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations (whether or not supplied by the Advertiser), as to the operations, maintenance and storage of the Equipment and/or use of the Services; and
  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, or any disputes with Advertisers, any third party liabilities or any other issues that result from your use of the Website.

AGREEMENT FOR ALL USERS

You warrant that:

  • You are 18 years of age or older and able to form a legal binding contract; and
  • The information and messages You post or advertise on and through the Website are genuine, true and accurate.

You acknowledge and agree:

  • We are not responsible for, nor affiliated with any particular User. Our relationship to Users is solely one of providing the Website platform to allow Advertisers to advertise Equipment and Services and Customers to form an agreement with Advertisers as to terms and conditions of rental. We are not a party to the rental agreement between the Advertiser and Customer;
  • We are not your agent for any purpose in relation to your use of this Website’s services;
  • This Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage;
  • We make no warranty that the Website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify You if the Website becomes unavailable for any lengthy and unusual time period;
  • The interactive maps available on the Website may contain inaccuracies or errors and are not to be used for any serious purposes including but not limited to navigation, emergency or survival purposes;
  • The Website may not show up to date information regarding the availability of any Equipment and/or Services, and we shall not be liable for any inaccuracies regarding the availability of any Equipment and/or Services;
  • You will not transmit any viruses, malware, worms, etc. of any kind and You will not upload, post, host or transmit unsolicited material or messages to the Website;
  • By using the Website, You authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website, or our business;
  • Any failure by us to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision;
  • No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind us in any respect whatsoever;
  • You will not use our Website for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
  • You will ensure that any Content You submit to the Website complies with all applicable laws, codes and regulations and all content You link to from our Website is accurate, reliable, up-to-date, lawful, and not misleading;
  • You will report any unauthorised or improper activity by another User, including their failure to comply with a rental agreement that You have reached with them, by contacting us using the details at the end of these Terms; and
  • We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time to remove, delete, alter or amend any Content or the Website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to You or any third party for any modification or any loss or damage arising from a modification.

 LIABILITY AND INDEMNITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage or injury which may result from any advertisement on our Website, including the storage, transportation and use of any Equipment or the provision of any Services advertised on this Website.

Some Equipment requires special skill, training, instructions, storage, safety measures and even a licence to operate it. It is your responsibility to ensure that You are aware of any such requirements and that You comply with those requirements.

You fully indemnify us for any costs, damages, injuries or claims arising from your advertising, supply, transportation, possession or use of the Equipment or use of the Services, or any fault of the Equipment or the Services.

You acknowledge, agree and undertake that You shall be the legally responsible party for any content placed by You in respect of any legal proceedings of any competent jurisdiction worldwide and You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by You on the Website.

In addition, You agree to fully indemnify us for any and all claims by other Users or any third party which may result from an advertisement, Content or link on this Website or any rental arrangement for Equipment or Services that You enter into with another User. We are not responsible for your Content, Equipment or Services or for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content, Equipment, Services or otherwise. You agree You will fully indemnify us and, wherever possible, take over and manage any claim which may result from a User whether direct or indirect.

Our liability is governed by the ACL, including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.

Our liability to You will not exceed the amount actually paid by You to us in the preceding 3 month period.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind us in any respect whatsoever.

 DISPUTES AND RELEASE

You will deal with any disputes, issues, dealings or complaints relating to any other User directly with that User and we are not to be involved.

If You have a dispute with another User, You release us (and our officers, directors, agents, subsidiaries, contractors and employees) from any claims, demands and damages, including but not limited to actual and consequential damages of every kind, known and unknown, arising out of or in any way related to such disputes.

In the event that You need to contact us in relation to a dispute or disagreement with another User, You may notify us using the dispute form which is available on our Website. We may, in some instances, determine, in our sole discretion, to ban or block another User. We are not to be involved in nor will we determine any dispute at any time.

 

 INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Lokalroo.

All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants You any right to use any trademark, service mark, logo, and/or our name or any advertising that appears on our Website.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 TAXES ON HIRE FEES

We are not the provider of any Equipment or Services. The Advertiser is the provider of all Equipment and/or Services and any related products and is responsible for collecting and remitting any applicable GST or other taxes which may apply to the Equipment and/or Services.

The Advertiser is responsible for calculating any applicable taxes and ensuring that any sale prices set by the Advertiser account for GST and/or any other applicable taxes and fees.

 TAXES ON COMMISSIONS

We permit the Advertiser to promote their Services and/or Equipment on the Website, in consideration for the Commission.

Unless otherwise specified in writing, the Commission, and any other amounts payable to us under these Terms are exclusive of GST and/or any other applicable taxes or fees.

In the event that GST is payable on any amount payable to us by the Advertiser under these Terms, the Advertiser agrees to pay us, at the same time and in the same manner, an additional amount equal to the applicable GST.

In the event that any other taxes or fees are payable on any amount payable to us by the Advertiser under these Terms, the Advertiser agrees to pay those other taxes or fees to us, at the same time and in the same manner that the Advertiser pays the Commission to us.

PAYMENT ERRORS

In the event of a payment processing error, we will seek to rectify the said error as soon as practicable.

In the event that a payment processing error results in an overpayment to You, You authorise us, in our sole discretion, to use any or all of the following methods:

  • Deduct any overpaid amount from any subsequent payments which we make to You;
  • Debit your bank card, credit card, or bank account which we hold on file;
  • Seek reimbursement from You in any other lawful manner.

 

 GOVERNING LAW

These Terms are governed by the laws of Queensland which are in force from time to time and both You and we agree to submit to the non-exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.

 CONTACT US

You can contact us about these Terms at info@lokalroo.com