Supplier Terms & Conditions - Dry Hire Equipment Australia

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Dry Hire Equipment Australia Platform (Platform) accessible at https://www.dryhireequipment.com.au/ and our mobile applications available on the Apple iOS Store and the Google Play Store. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Trustee for Shazmic Trust operating under the business name Dry Hire Equipment Australia ABN 65 417 335 137 (Dry Hire Equipment Australia, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Suppliers), which sets out additional terms that apply to Suppliers; and
Part C (Customers), which sets out additional terms that apply to Customers.

If you intend to use the Platform as a Supplier, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to services available through our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A) All users

1. ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
1. over the age of 18 years and accessing the Platform for personal use; or
2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Dry Hire Equipment Australia from time to time.
You warrant that any information you give to Dry Hire Equipment Australia in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Once you complete the Account registration process, Dry Hire Equipment Australia may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Dry Hire Equipment Australia reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Dry Hire Equipment Australia may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Dry Hire Equipment Australia of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Dry Hire Equipment Australia;
not to act in any way that may harm the reputation of Dry Hire Equipment Australia or associated or interested parties or do anything at all contrary to the interests of Dry Hire Equipment Australia or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Dry Hire Equipment Australia;
that Dry Hire Equipment Australia may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Dry Hire Equipment Australia or another User including a Supplier, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Dry Hire Equipment Australia may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

You grant to Dry Hire Equipment Australia a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Dry Hire Equipment Australia to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Dry Hire Equipment Australia from any and all claims that you could assert against Dry Hire Equipment Australia by virtue of any such moral rights.
You indemnify Dry Hire Equipment Australia against all damages, losses, costs and expenses incurred by Dry Hire Equipment Australia arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

Dry Hire Equipment Australia acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Dry Hire Equipment Australia may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Dry Hire Equipment Australia will have no liability or obligation to you if:

a Customer or Supplier cancels at any time after the time for performance of the Service Listing is agreed; or
for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from Dry Hire Equipment Australia.

6. IDENTITY VERIFICATION

(Verification) We may offer or require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(Warranty and Indemnity) You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
3. we do not endorse any User, Service Listing or Verification Service.

7. ONLINE PAYMENT PARTNER

We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here: https://stripe.com/au/privacy.
You agree to release Dry Hire Equipment Australia and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

8. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Platform may have errors or defects (or both, as the case may be);
the Platform may not be accessible at times;
messages sent through the Platform may not be delivered promptly, or delivered at all;
information you receive or supply through the Platform may not be secure or confidential; and
any information provided through the Platform may not be accurate or true.

9. INTELLECTUAL PROPERTY

Dry Hire Equipment Australia retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Dry Hire Equipment Australia or as permitted by law.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Dry Hire Equipment Australia accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS SUPPLIERS

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

12. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Dry Hire Equipment Australia using the functionality provided in the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Dry Hire Equipment Australia has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Dry Hire Equipment Australia reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with Dry Hire Equipment Australia, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or Dry Hire Equipment Australia may at any time cancel your Account or discontinue your use of the Platform.

13. SECURITY

Dry Hire Equipment Australia does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

(Introduction service) Dry Hire Equipment Australia is a medium that facilitates the introduction of Customers and Suppliers for the purposes of connecting suppliers of plant and equipment with customers who wish to hire plant and equipment for projects. Dry Hire Equipment Australia simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Suppliers in relation to such services or otherwise resulting from the introduction.
(Limitation of Liability) To the maximum extent permitted by law and subject to clause 14(c), the total liability of each party (being you, the User and us, Dry Hire Equipment Australia) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
Clause 14(b) does not apply to your liability in respect of loss or damage sustained by Dry Hire Equipment Australia arising from your:
1. breach of third party intellectual property rights; or
2. negligent, wilful, fraudulent or criminal act or omission.
(Indemnity) Each party agrees to indemnify the other party and its employees, contractors and agents (“those indemnified”) from and against any loss or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the other party’s employees’, clients’, contractors’ or agents’:
1. breach of any term of this agreement;
2. use of the Platform; or
3. provision or receipt of Services from another User.
(Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Dry Hire Equipment Australia, except:
1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

15. CONFIDENTIALITY

You agree that:

no information owned by Dry Hire Equipment Australia, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Supplier are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

You agree to be bound by the clauses outlined in Dry Hire Equipment Australia’s Privacy Policy, which can be accessed here https://www.dryhireequipment.com.au/privacy-policy/.

17. COLLECTION NOTICE

We collect personal information about you in order to to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

18. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and Dry Hire Equipment Australia and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of Dry Hire Equipment Australia to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Dry Hire Equipment Australia’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
1. product liability claims;
2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

19. TERMINATION

Either Dry Hire Equipment Australia or the User may terminate the User’s account at any time (including any listings, subscriptions or Accounts) for any reason.
If a User wants to terminate their account (and/or any other subscription they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Dry Hire Equipment Australia will effect such termination within a reasonable time after receiving written notice from the User.
In the event that a User’s Account is terminated:
1. the User’s access to all posting tools on the Platform will be revoked;
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
3. the User may be unable to view the details of other Suppliers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
Notwithstanding termination or expiry of your Account, this agreement, or any other subscription you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

20. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Dry Hire Equipment Australia will not be held accountable in relation to any transactions between Customers and Suppliers where tax related misconduct has occurred.

21. RECORD / AUDIT

To the extent permitted by law, Dry Hire Equipment Australia reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Dry Hire Equipment Australia.

22. NOTICES

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
  whichever is earlier.

23. GENERAL

23.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

23.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

23.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

23.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

23.8 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B) Suppliers

1. SERVICE LISTINGS

You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
Dry Hire Equipment Australia may choose not to accept any Service Listing you submit to the Platform, and Dry Hire Equipment Australia may limit the number of Service Listings you can submit to the Platform;
any information you supply in a Service Listing must be true, timely and accurate;
you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
you must deal with any dispute with a Customer in accordance with clause 12 of Part A;
if you are offering services, you must hold and supply your own terms and conditions for your services to the Customer at the time that you provide your quote to the Customer via the Platform;
any additional terms and conditions relating to a Service Listing, including your terms and conditions for your services and in any quotes provided via the Platform, are solely between you and the relevant Customer and do not involve Dry Hire Equipment Australia in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
Dry Hire Equipment Australia will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing.

2. PROVISION OF SERVICES

You must ensure that all services specified in a Service Listing that is accepted by a Customer are provided:
in accordance with all applicable laws, regulations, tax obligations and industry standards;
with due care and skill and in a professional, punctual and diligent manner;so that the services are fit for their intended purpose; andon the date and at the times set out in the Service Listing.You acknowledge and agree that a Customer may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 5 of Part C of this agreement.You must ensure that once a Service Listing has been accepted, you and the Customer need to establish contact using the contact functionality on the Platform or via another contact method agreed between you and the Customer to arrange the provision of services including delivery and pick up and payment of the fees agreed between yourself and the Customer.
You acknowledge that Dry Hire Equipment Australia does not facilitate payments or transactions between the parties, and that such payments must be made outside of the Platform.
If a Customer requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.

3. WARRANTIES

By listing yourself as a Supplier on the Platform, posting a Service Listing, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Service Listing;
you will provide services to each Customer:
1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
2. in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

4. FEES

4.1 GENERAL

Viewing the Platform is free.

4.2 SUBSCRIPTION

You must sign up for a monthly subscription (Subscription) to create Service Listings or offer any services to Customers.
(Subscription Fees): The fees for subscription shall be payable in the amounts as set out on the Platform.
(Subscription Types): The Platform offers different types of subscription terms, the scope and inclusions of each are set out on the Platform.
(Cancellation of Subscription): Users subscribed to monthly subscriptions may cancel their subscription in accordance with the cancellation clause outlined in this agreement.
(Changes to Fees): Dry Hire Equipment Australia reserves the right to change the Subscription Fees at any time. In the event of a fee change, Dry Hire Equipment Australia will provide notice to Users in advance of the change, and the new fees will apply upon the commencement of the next billing cycle.
(Suspension for Non-Payment): Dry Hire Equipment Australia reserves the right to suspend or terminate User access to the Platform and subscription features in the event of non-payment of Subscription Fees.
(Refunds): Except as otherwise provided in this agreement, all Subscription Fees are non-refundable.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

5. CANCELLATIONS BETWEEN USERS

Dry Hire Equipment Australia will have no liability or obligation to you if a Customer cancels a Service Listing after it has been confirmed between you and the Customer and you will not be entitled to any compensation from Dry Hire Equipment Australia in relation to any such cancellation.
If you wish to cancel services specified in an agreed Service Listing before the Service Listing has been completed, you must contact the Customer. If Dry Hire Equipment Australia decides to investigate your cancellation, you must provide assistance and information to Dry Hire Equipment Australia as reasonably requested.
You must ensure that your cancellation policy and refund policy in relation to you or Businesses/Shippers cancelling an accepted Service Listing is in compliance with all applicable laws, such as the Australian Consumer Law.

6. CANCELLATION OF ACCOUNTS

Either Dry Hire Equipment Australia or the Supplier may cancel/terminate the Supplier’s account at any time (including any listings, subscriptions and Accounts) and for any reason.
If a Supplier wants to terminate their account, they can do so by using the Platform’s functionality where available. Where such functionality is not available, Dry Hire Equipment Australia will effect such termination within a reasonable time after receiving written notice from the Supplier.
In the event that a Supplier’s subscription is cancelled, the following terms shall apply:
1. following cancellation, access to subscription features and functionalities will continue until the end of the then-current billing period;
2. you acknowledge and agree that Subscription Fees are non-refundable, and that cancellation does not entitle you to a refund of any Subscription Fees already paid;
3. at the expiry of the then-current billing period:
  1. the Supplier’s access to all subscription tools and features (as the case may be) on the Platform will be revoked; and
  2. the Supplier may be unable to view the details of other Users (including contact details, geographic details and any other details), and all Service Listings previously posted by the respective Supplier will also be removed from the Platform.
Notwithstanding termination or expiry of your Subscription, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

7. LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Customers owned and operated by third parties that are not under the control of Dry Hire Equipment Australia;
the provision by Dry Hire Equipment Australia of introductions to Customers does not imply any endorsement or recommendation by Dry Hire Equipment Australia of any Customer;
Dry Hire Equipment Australia does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Customer who uses or is on the Platform; and
any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Customer once agreed in accordance with clause 9 and do not involve Dry Hire Equipment Australia in any way.

8. COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Customer, or request or entice a Customer to communicate with you outside the Platform (except in the course of providing services that were agreed in a Service Listing).
Dry Hire Equipment Australia may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.

9. BINDING CONTRACT

You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the services as specified in the relevant Service Listing, in exchange for the payment of the relevant fees agreed between you and the Customer. A contract is formed in this respect (between you and the Customer) when a Customer accepts a Service Listing.

Part C) Customers

1. SERVICE LISTINGS

You acknowledge and agree that:
- if you respond to a Service Listing, that will constitute your offer and intention to enter into a contract with the Supplier;
- any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Supplier and do not involve Dry Hire Equipment Australia in any way, except that such terms and conditions must not be inconsistent with your or the Supplier’s obligations under this agreement.

2. FEES

Viewing the Platform is free for Customers.
Once you and the Supplier confirm a Service Listing, you will be responsible for payment of the relevant fees agreed between yourself and the Supplier. You acknowledge that Dry Hire Equipment Australia does not facilitate payments or transactions between the parties, and that such payments must be made outside of the Platform.

3. CANCELLATIONS BETWEEN USERS

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing before performance of services, you must notify the Supplier as soon as possible.
If you cancel a service specified in an agreed Service Listing, whether the relevant amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Supplier.

4. CANCELLATION OF ACCOUNTS

Either Dry Hire Equipment Australia or the Customer may cancel the Supplier’s Account at any time for any reason.
If a Customer wants to cancel their account, they can do so by using the Platform’s functionality where available. Where such functionality is not available, Dry Hire Equipment Australia will effect such cancellation within a reasonable time after receiving written notice from the Customer.

5. RATINGS AND REVIEWS

Customers may rate a Service Listing (Rating) and/or may provide feedback to Suppliers regarding the services Customers received from them (Review).
Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Supplier Account and/or Service Listing is removed or terminated.
Customers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Suppliers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Supplier if you have had a buying or service experience with that Supplier, which means that:
1. you have purchased a product or service from that Supplier via the Platform; or
2. you have placed an order with the Supplier via the Platform; or
3. you can otherwise document your use of the Supplier’s service, including via correspondence or other interaction with the Supplier via the Platform,
  (collectively referred to as a Service Experience).
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
You may not write a Review about a Supplier you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Supplier, or work for the Supplier. Similarly, you may not write a Review about a direct competitor to the Supplier you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Supplier to write a Review, you should include information about this in your Review. Incentives include the Supplier offering you a gift, reward, discount or advantage for writing a Review about the Supplier.

6. LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Suppliers owned and operated by third parties that are not under the control of Dry Hire Equipment Australia;
the provision by Dry Hire Equipment Australia of introductions to Suppliers does not imply any endorsement or recommendation by Dry Hire Equipment Australia of any Supplier;
Dry Hire Equipment Australia does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Supplier who uses or is listed on the Platform; and
any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Supplier once agreed in accordance with clause 1 and do not involve Dry Hire Equipment Australia in any way.

7. COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Supplier, or request or entice a Supplier to communicate with you, outside the Platform (except in the course of accepting Supplier services that were agreed in a Service Listing or Service Request).
Dry Hire Equipment Australia, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

8. BINDING CONTRACT

You agree that when you submit an enquiry in response to a Service Listing, this constitutes your intention and offer to enter into a contract with the Supplier, where you will accept the Customer with the services as specified in the relevant Service Listing, in exchange for the payment of the relevant fees agreed between you and the Supplier. A contract is formed in this respect (between you and the Supplier) when you accept a Service Listing.