HATOZA TRAILER HIRE WEBSITE AND ONLINE SERVICES TERMS OF USE
This website (“Site”) is controlled and/or operated by HTZ Pty Ltd t/a HATOZA Trailer Hire (ABN 15 665 922 752) (“HATOZA”). Please read these Terms of Use and HATOZA’s Privacy Policy carefully before using this Site or any product or service offered by this Site, whether accessed by computer, mobile telephone or other device (“HATOZA Online Service”). Certain HATOZA Online Services may be governed by additional terms (“Additional Terms”). By using the Site, or an HATOZA Online Service, you signify your agreement with these Terms of Use. If you do not agree with any of the Terms of Use, do not use this Site or HATOZA Online Service.
HATOZA reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.
1. RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS
1.1 Material on this Site and HATOZA Online Services, including, but not limited to images, illustrations, audio and/or video files (whether available for download or streaming) (“Content”), may be protected by copyright which is owned and controlled by HATOZA or by other parties that have licensed their material to HATOZA.
1.2 HATOZA provides this Site and related HATOZA Online Services for your personal non-commercial use only. Use for any other purpose may breach not only these Terms of Use but domestic or international law. It is your responsibility to restrict use to personal non-commercial use and a failure to do so is at your own risk.
1.3 Unless granted permission by HATOZA, Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
1.4 Modification of the Content including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the Content for any other purpose is a violation of these Terms of Use, and may also be a violation of laws protecting copyright, trademarks and other proprietary rights.
1.5 For purposes of these Terms of Use, unless granted permission by HATOZA, the use of any Content on any other website or digital platform is prohibited.
1.6 The HATOZA logo and other product and service names used on the Site and by HATOZA Online Services may be marks with a protectable reputation under common law. You must not display or use the marks in any manner without the prior written consent of HATOZA.
1.7 You must not commit any act or omission in connection with the Site or any HATOZA Online Service that HATOZA may deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Site or HATOZA Online Service, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(b) using the Site or HATOZA Online Service to defame HATOZA, its employees or other individuals;
(c) uploading files that contain viruses that may cause damage to HATOZA’s property or the property of other individuals; or
(d) posting or transmitting to or via the Site or any HATOZA Online Service any non-authorised material including, but not limited to, material that is, in HATOZA’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of HATOZA’s systems or a third party's systems or network security.
If HATOZA allows you to post any information to the Site or any HATOZA Online Service, HATOZA has the right to take down this information at its sole discretion and without notice.
2. ACCESS
2.1 By using this Site, or an HATOZA Online Service, you represent that you:
(a) own or are authorised to use the computer, smartphone, enabled television, tablet or other device (collectively, the “Device”) with which you access the Site or HATOZA Online Service or are duly authorised to use the Device; and
(b) agree to these Terms of Use.
2.2 You are responsible for the Device. HATOZA provides no liability or indemnity for costs associated with the Device including, amongst other things, internet plans and excess data costs, the acquisition or repair of hardware, or costs or damage as a result of malware or virus.
2.3 You acknowledge that by accessing this Site or any HATOZA Online Service over a WiFi connection the Device and any downloaded software or stored information may be vulnerable to security breach.
3. ACCOUNTS AND SECURITY
3.1 If the Site or HATOZA Online Service requires an account to be opened, the information provided and maintained must be current, complete, and accurate. Any loss caused by a failure to provide and maintain such information is the your responsibility.
3.2 It is your responsibility to maintain the confidentiality of their password and account details.
3.3 Additionally, you are entirely responsible for any and all activities that occur under the account. HATOZA must be notified immediately of any unauthorised use of the account. HATOZA is not liable for any loss that you may incur as a result of someone else using the password or account, either with or without your knowledge.
3.4 An account may be cancelled by delivering notice in the manner set out in these Terms of Use or as otherwise provided in any Additional Terms governing a particular HATOZA Online Service.
3.5 HATOZA reserves the right to screen and verify your identity or your business’s identity (if applicable) in our sole discretion in order to validate access to any HATOZA Online Service.
3.6 You may not assign or otherwise transfer your account with any HATOZA Online Service to another party, or permit your account details to be used or transferred to any other person.
3.7 You acknowledge and accept that if a particular HATOZA Online Service requires an account to be opened, HATOZA may track your activity across that account within the HATOZA Online Service, including download activity for the purposes of understanding your user experience and for internal use only. HATOZA will otherwise handle your information in accordance with our Privacy Policy.
3.8 HATOZA may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to any HATOZA Online Services, at any time, including if it is found that you have, or are suspected of, violating these Terms of Use.
4. LINKED SITES
4.1 This Site may contain links to websites operated by third parties (“Linked Sites”). The Linked Sites are provided for your convenience and are not an endorsement by HATOZA of the content of such Linked Sites. HATOZA makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk. You further acknowledge and agree that HATOZA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
5. DISCLAIMER
5.1 This Site and the materials associated with the Site, and each HATOZA Online Service and the materials associated with the HATOZA Online Service are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HATOZA disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights.
5.2 HATOZA does not warrant that the Site or the HATOZA Online Services will operate error-free or uninterrupted, that defects will be corrected, or that this Site, any HATOZA Online Service, and/or their servers will be free of viruses and/or other harmful components.
5.3 HATOZA does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, user contributions including information, reviews or other commentary provided by HATOZA or third parties and or links associated with this Site.
5.4 HATOZA reserves the right to restrict, suspend or terminate without notice your access to the Site, the HATOZA Online Services, any Content, or any feature of the Site or any HATOZA Online Service at any time without notice and HATOZA will not be responsible for any loss, cost, damage or liability that may arise as a result.
6. LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall HATOZA or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost or altered data or business interruption) resulting from the use or inability to use this Site or an HATOZA Online Service and/or the material associated with the Site or HATOZA Online Service, or resulting from any information, commentary or opinions provided on this Site or HATOZA Online Service and/or the material associated with the Site or HATOZA Online Service, whether based on warranty, contract, tort or any other legal basis, and whether or not HATOZA is advised of the possibility of such damages.
7. JURISDICTION AND GOVERNING LAW
7.1 Your use of the Site, HATOZA Online Services, and these Terms of Use are governed by the law of Tasmania and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Tasmania.