Terms of Service
Last Updated: September 25, 2014
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
EZRVHire provides an online platform that connects RV Owners who have Recreational Vehicles to hire with Renters seeking to hire such Recreational Vehicles (collectively, the “Services”), which Services are accessible at www.ezrvhire.com.au and any other websites through which EZRVHire makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and EZRVHire.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH RV OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RECREATIONAL VEHICLES (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK RECREATIONAL VEHICLES DIRECTLY WITH THE RV OWNERS. YOU UNDERSTAND AND AGREE THAT EZRVHIRE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RV OWNERS AND RENTERS, NOR IS EZRVHIRE A AGENT OR INSURER. EZRVHIRE HAS NO CONTROL OVER THE CONDUCT OF RV OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RECREATIONAL VEHICLES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“EZRVHire Content” means all Content that EZRVHire makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Provisional Booking” means when a booking is requested by a Renter (as determined by EZRVHire in its sole discretion), within which a RV Owner may decide whether to approve that booking request, as stated on the Site, Application or Services.
“Collective Content” means Member Content and EZRVHire Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Renter” means a Member who requests from a RV Owner the booking of a Recreational Vehicle via the Site, Application or Services, or a Member who hires the Recreational Vehicle and is not the RV Owner of such Recreational Vehicle.
“RV Owner” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Recreational Vehicle that is listed by a RV Owner as available for rental via the Site, Application, and Services.
“Member” means a person who completes EZRVHire’s account registration process, or as part of a Provisional Booking request has an account automatically created by the system, including but not limited to RV Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), transient Hire Taxes, tourist or other visitor taxes, Recreational Vehicle or hire taxes, fees that Recreational Vehicle Owners may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
EZRVHire reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Recreational Vehicles. Such Recreational Vehicles are included in Listings on the Site, Application and Services by RV Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you submit a Provisional Booking of a Recreational Vehicle as a potential hirer you will have a Renter Account automatically created as part of this process. In order to create a Listing as a RV Owner you must first register to create an EZRVHire Listing Account (defined below).
As stated above, EZRVHire makes available an online platform or marketplace with related technology for Renters and RV Owners to meet online and arrange for bookings of Recreational Vehicles directly with each other. EZRVHire is not an owner or operator of Recreational Vehicles. Unless explicitly specified otherwise in the EZRVHire platform, EZRVHire’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE RV OWNERS AND RENTERS CONNECTING AND BOOKING RECREATIONAL VEHICLES DIRECTLY WITH EACH OTHER. EZRVHIRE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RECREATIONAL VEHICLES. EZRVHIRE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RECREATIONAL VEHICLES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S OWN RISK.
In order to access certain features of the Site and Application, a Renter will have an account automatically created as part of a Provisional Booking request and to create a Listing, an RV Owner must register to create an account, and either “EZRVHire Accounts” become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
Recreational Vehicle Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Recreational Vehicle to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Recreational Vehicle and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Recreational Vehicles must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Recreational Vehicle via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Renter makes a Provisional Booking requests for the hire of your Recreational Vehicle, you may not request the Renter to pay a higher price for just the hire of the Recreational Vehicle than the amount shown in the booking request, with the exception of any optional Extras or Bond payments.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Renter's hires of an Recreational Vehicle in a Listing you post (i) will not breach any agreements you have entered into with any third parties. Please note that EZRVHire assumes no responsibility for a RV Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. EZRVHire reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that EZRVHire, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
If you are a RV Owner, you understand and agree that EZRVHire does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Recreational Vehicle and hires your Recreational Vehicle, any agreement you enter into with such Renter is between you and the Renter and EZRVHire is not a party thereto. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Recreational Vehicle, including, but not limited to, requiring Members to have ID apart from the driving license like a Medicare card, Bank account details or Passport number, in order to book your Recreational Vehicle. Any Member wishing to book Recreational Vehicles included in Listings with such requirements must meet these requirements.
If you are a RV Owner, EZRVHire makes certain tools available to you to help you to make informed decisions about which Members you choose to approve for booking for your Recreational Vehicle. You acknowledge and agree that, as a RV Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who hire the Recreational Vehicle at your request or invitation. EZRVHire recommends that RV Owners obtain appropriate insurance for their Recreational Vehicles. Please review any insurance policy that you may have for your Recreational Vehicle carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter invites to the Recreational Vehicle, if applicable) while hiring the Recreational Vehicle.
EZRVHire does not endorse any Member or any Recreational Vehicle. Members are required by these Terms to provide accurate information, and although EZRVHire may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
We recommend that you always exercise due diligence and care when deciding whether to hire from an RV Owner or to accept a booking request from a Renter, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from EZRVHire with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
“Recreational Vehicle Fees” means the amounts that are due and payable by a Renter in exchange for that Renter’s hiring a Recreational Vehicle. The RV Owner alone, and not EZRVHire, determines these amounts. The RV Owner may in his or her sole discretion decide to include in the amount Taxes that the RV Owner determines that he or she has to collect. The Recreational Vehicle Fees will be displayed to the Renter when the Provisional Booking Request is made.
“Commission Fees” means the fee that EZRVHire charges a RV Owner for the use of its Site, Application and Services, which is calculated as a percentage of the applicable Recreational Vehicle Fees. The Commission Fees will be displayed to the RV Owner when the booking request has been approved and a commission invoice is raised.
“Total Fees” means collectively the Recreational Vehicle hire Renter Fees (plus any Taxes in respect of Renter Fees, such as GST).
Bookings and Financial Terms for RV Owners
If you are a RV Owner and a booking is requested for your Recreational Vehicle via the Site, Application and Services, you will be required to approve the Provision Booking within a certain period of time otherwise the Provisional Booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you the name and address of the Renter who has requested the booking. When you approve a Provisional Booking requested by a Renter, EZRVHire will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Please note that EZRVHire does not currently charge fees for the creation of Listings. However, you as a RV Owner acknowledge and agree that EZRVHire reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that EZRVHire will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Renters
The RV Owners, not EZRVHire, are solely responsible for honouring any approved bookings and making available any Recreational Vehicles reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with a RV Owner for the booking of an Recreational Vehicle, you agree and understand that you will be required to enter into any hire agreement with the RV Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Recreational Vehicle imposed by the RV Owner. You acknowledge and agree that you, and not EZRVHire, will be responsible for performing the obligations of any such agreements, that EZRVHire is not a party to such agreements, and that EZRVHire disclaims all liability arising from or related to any such agreements. The Total Fees payable will be displayed to a Renter before the Renter sends a Provisional Booking request to a RV Owner. As noted above, the RV Owner is required to approve the Provisional Booking request within a certain period, otherwise the requested Provisional Booking will be automatically cancelled.
You as a Renter agree to pay the RV Owner for the Total Fees for any booking requested in connection with your EZRVHire Account if such requested Provisional Bookings are approved by the applicable RV Owner. In order to establish a booking pending the applicable RV Owner’s approval of your requested Provisional Booking the RV Owner, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount to verify your credit card. Once EZRVHire receives approval of your Provisional Booking from the applicable RV Owner, EZRVHire will invoice the RV Owner for the Commission Fees and the RV Owner will collect the Deposit and Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that EZRVHire cannot control any fees that may be charged to a Renter by his or her bank related to RV Owner’s collection of the Deposit or Total Fees, and EZRVHire disclaims all liability in this regard.
RV Owners may choose to include a refundable bond in their Listings (“Bond”). Each Listing will describe whether a Bond is required for the applicable Recreational Vehicle. If a Bond is included in a Listing for an approved booking of an Recreational Vehicle, the RV Owner will collect the Bond amount within a reasonable timeframe prior to the Renter’s collection of the applicable RV Owner’s Recreational Vehicle. EZRVHire will also use its commercially reasonable efforts to address RV Owners’ and Renters requests and claims related to Bonds, but EZRVHire is not responsible for administering or accepting any claims by RV Owners or Renters related to Bonds, and disclaims any and all liability in this regard.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Renter, you wish to cancel an approved booking made via the Site, Application and Services, either prior to or after arriving at the Recreational Vehicle, the cancellation policy of the RV Owner contained in the applicable Listing or hire agreement will apply to such cancellation. Details regarding refunds and cancellation policies are available via the Site and Application. The Renter Deposit and the RV Owner Commission Fee is non-refundable regardless of the cancellation policy selected by the RV Owner.
If, as a RV Owner, you cancel an approved booking, EZRVHire may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies if you decide to cancel.
In certain circumstances, EZRVHire may decide, in its sole discretion, that it is necessary or desirable to cancel an approved booking made via the Site, Application and Services. You agree that EZRVHire and the relevant Renter or RV Owner will not have any liability for such cancellations or refunds.
Tax regulations may require us to collect appropriate tax information from our RV Owners. You as a RV Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. You as a RV Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. EZRVHire cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a RV Owner, EZRVHire may issue a valid GST invoice for such an RV Owner.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Recreational Vehicle is located may require Taxes to be collected by RV Owners from Renters on the amount paid for the right to hire a Recreational Vehicle, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the hire or Recreational Vehicle Fees set by RV Owners, a set amount per day, or other variations of Hire Tax hereafter called "Hire Taxes").
Damage to Recreational Vehicles
As a Renter, you are responsible for leaving the Recreational Vehicle in the condition it was in when you hired. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Recreational Vehicle. In the event that a RV Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the RV Owner will present an invoice outside of the EZRVHire system for recovery of these monies. The RV Owner also reserves the right to charge your credit card, or otherwise collect payment from you and pursue any avenues available to the RV Owner in this regard, including using Bond monies, in situations in which you have been determined, in RV Owner’s sole discretion, to have damaged any Recreational Vehicle.
Both Renters and RV Owners agree to cooperate with and assist EZRVHire in good faith, and to provide EZRVHire with such information and take such actions as may be reasonably requested by EZRVHire, in connection with any complaints or claims made by Members relating to damage to any Recreational Vehicles or any personal or other property located in the Recreational Vehicle or with respect to any investigation undertaken by EZRVHire or a representative of EZRVHire regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon EZRVHire’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a RV Owner, at no cost to you, which process will be conducted by EZRVHire or a third party selected by EZRVHire
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an EZRVHire Renter or RV Owner;
- offer, as a RV Owner, any Recreational Vehicle that you do not yourself own or have permission to hire (without limiting the foregoing, you will not list Recreational Vehicles as a RV Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a RV Owner, any Recreational Vehicle that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a third-party hire rental agreement;
- register for an EZRVHire Account on behalf of an individual other than yourself;
- unless EZRVHire explicitly permits otherwise, make a booking request or hire any Recreational Vehicle if you will not actually be staying in the Recreational Vehicle yourself;
- contact a RV Owner for any purpose other than asking a question related to a booking, such RV Owner’s Recreational Vehicles or Listings;
- contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;
- recruit or otherwise solicit any RV Owner or other Member to join third-party services or websites that are competitive to EZRVHire, without EZRVHire’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a RV Owner or Renter and then complete a booking of an Recreational Vehicle independent of the Site, Application or Services, in order to circumvent the obligation to pay any Commission Fees related to EZRVHire’s provision of the Services or for any other reasons;
- as a RV Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, EZRVHire’s name, any EZRVHire trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without EZRVHire’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, EZRVHire’s computer systems, or the technical delivery systems of EZRVHire’s providers;
- attempt to probe, scan, or test the vulnerability of any EZRVHire system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EZRVHire or any of EZRVHire’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
EZRVHire has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
EZRVHire may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against EZRVHire or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of EZRVHire , its users, or members of the public . You acknowledge that EZRVHire has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. EZRVHire reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that EZRVHire, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark and other intellectual and proprietary rights. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of EZRVHire and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
EZRVHire Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, EZRVHire grants you a limited, non-exclusive, non-transferable license, to (i) access and view any EZRVHire Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EZRVHire or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to EZRVHire a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. EZRVHire does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to EZRVHire the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or EZRVHire’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that EZRVHire is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EZRVHire of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of EZRVHire used herein are trademarks or registered trademarks of EZRVHire. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
EZRVHire respects copyright law and expects its users to do the same. It is EZRVHire’s policy to terminate in appropriate circumstances the EZRVHire Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see EZRVHire’s Copyright Policy for further information.
Suspension, Termination and EZRVHire Account Cancellation
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EZRVHIRE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND RV OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EZRVHIRE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EZRVHIRE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RECREATIONAL VEHICLES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EZRVHIRE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RECREATIONAL VEHICLES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EZRVHIRE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RV OWNERS OR RENTERS. YOU UNDERSTAND THAT EZRVHIRE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY RECREATIONAL VEHICLES. EZRVHIRE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND RV OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY EZRVHIRE. EZRVHIRE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RECREATIONAL VEHICLES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF EZRVHIRE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER EZRVHIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY RECREATIONAL VEHICLE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZRVHIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL EZRVHire LIABILITY EXCEED THE COMMISSION FEE, AS DEFINED IN THIS AGREEMENT.
You agree to release, defend, indemnify, and hold EZRVHire and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Recreational Vehicle, or (iii) creation of a Listing; and (d) the use, condition or hire of an Recreational Vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a hire, booking or use of a Recreational Vehicle.
We maintain that we shall not be held liable for any failure or departure from any duty which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
These Terms constitute the entire and exclusive understanding and agreement between EZRVHire and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Recreational Vehicles made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between EZRVHire and you regarding bookings or listings of Recreational Vehicles, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without EZRVHire’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EZRVHire may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by EZRVHire (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
The Services under these Terms are provided by EZRVHire’s offices in the State of Queensland, Australia and shall be governed by the laws of the State of Queensland, Australia, without reference to the body of laws regarding conflict of laws giving effect to any conflicts of law or choice of laws, and the parties hereby submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this agreement.
You and EZRVHire agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one arbitrator, the language of the arbitration shall be English, and the place of the arbitration shall be Brisbane, Australia only. The parties agree to abide by the decision of the arbitrator. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to the use of the Services or use of the Site or Application is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator's final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. This dispute resolution clause shall not limit EZRVHire’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms.
You acknowledge and agree that you and EZRVHire are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and EZRVHire otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of EZRVHire to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of EZRVHire. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We reserve the right to modify and amend our policies and terms as and when required. We will notify you of any change through email or through a notification on our home page.