AGREEMENT BETWEEN MYCAR & THE ADVERTISER

In Mycar Pty Ltd (“Mycar”) permitting the Advertiser to advertise on this Web site, the following conditions apply:
Definitions.
(1) Advertiser:
  (a) Advertiser means a person, corporate entity or other body utilising the services of Mycar for the purpose of advertising on the Mycar Web site.
(2) GST:
  (a) GST means the Goods and Services Tax under A New Tax System (Goods and Services Tax) Act 1999 (GST Act); and
  (b) Any expressions used in this Agreement has the same meaning as is given to them in the GST Act for the purposes of the GST.
(3) Link:
  (a) Link means the connecting to or associating with (through electronic methods including but not limited to hypertext) of the Mycar Web site to any other Web site, ISP, ASP or other electronic facility over the Internet
(4) Subrogation:
  (a) Subrogation means that right given in equity under Australian law, being the right of “the First Party” who has paid out a sum of money as compensation to a third party where an obligation to indemnify a second party (the insured) existed in contract, thereby permitting the First Party to commence legal proceedings to recover the sum paid out.
1. Advertising service only.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  1.1 The service provided by Mycar on this Web site is an advertising service only and does not in any way constitute a taxi-cab booking service nor is it a Taxi-cab network as defined under the Passenger Transport Act (1990) NSW. It is acknowledged by the Advertiser using this Web site that this Web site does not constitute such a service.
  1.2 Mycar is not responsible in any way whatsoever for the booking of any transport and any such arrangements are the sole responsibility of the Advertiser on this Web site only.
  1.3 It is acknowledged by the Advertiser using this service that Mycar in no way controls, influences or in any way determines what price the Advertiser may charge a user of its transport service.
2. Fee and payment by Advertiser.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  2.1 In order for the Advertiser to use this Web site, an initial non-refundable establishment fee which is advised on the pricelist is first payable (“the Initial Fee”).
  2.2 The Advertiser also agrees to pay Mycar a monthly advertising fee of which is advised on the pricelist for advertising on this Web site. It is acknowledged by the Advertiser that Mycar may, without notice to the Advertiser, vary any fee payable under this Agreement for its continued use.
  2.3 Mycar accepts payment by valid and authorised credit card, direct debit, money order or bank cheque and shall provide users with an electronic Tax Invoice by e-mail.
3. Promotion of the Website.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  3.1 Mycar may from time to time provide promotional material to the Advertiser regarding its products and services but is not obligated to do so and is a matter for the sole discretion of Mycar.
  3.2 Mycar may also engage in advertising of this Web site by whatever means it chooses (including links to other Web sites) which is a matter for the sole discretion of Mycar.
  3.3 It is the sole responsibility of the Advertiser of this Web site that they provide sufficient details in order for users of this Web site to contact the Advertiser. These details may include but are not limited to:
    (a) The Advertiser’s company or business name (or other name);
    (b) Telephone number (whether by land line and/or mobile telephone); and
    (c) Electronic mail (e-mail) address.
4. Termination of this Agreement by MyCar.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  4.1 Mycar may at any time (at its sole discretion) terminate the use by the Advertiser of this Web site (and remove all relevant material) in circumstances, which include but are not limited to the following:
    (a) Unpaid fees for a period in excess of 7 calendar days;
    (b) Conduct that is determined by Mycar to be detrimental to the interests of Mycar, which includes but is not limited to, the failure of the Advertiser to maintain all relevant insurances, safety precautions and the like in accordance with relevant laws, regulations and codes of conduct; and
    (c) A breach of clause 6.2 below and of the laws of Australia by the Advertiser, his or her agent or authorised representative.
  4.2 Should the Advertiser be suspended from using this Web site by Mycar and should Mycar permit a later use, the Initial Fee referred to in Clause 2.1 is payable together with all usual fees applicable to the Advertiser.
  4.3 Whether the Advertiser is permitted to re-advertise on this Web site as described at Clause 4.2 above is matter for the sole discretion of Mycar.
  4.4 Mycar relies on the Advertiser to provide accurate information to Mycar. Accordingly, in circumstances where:
    (a) The information provided to Mycar is misleading or deceptive, or amounts to a passing off or is in breach of any code, law or regulation; or
    (b) The information provided to My Car is used (intentionally or otherwise) for any criminal activity; or
    (c) The information provided is deemed to be inappropriate by Mycar for whatever reason.
  Mycar can (without notice) also terminate this Agreement. Should such termination be taken by Mycar, the Advertiser shall indemnify and hold Mycar harmless from any claim that may be made against Mycar by the Advertiser or any third party affected by the actions described above.
5. Copyright and trademarks.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  5.1 It is acknowledged that all copyright protected material on this Web site is owned by Mycar. Mycar in no way passes title nor grants any right in copyright to any Advertiser or user of this Web site unless agreed to in writing. It is agreed that the copyright in all material contributed to this Web site becomes the property of Mycar and shall remain so.
  5.2 It is acknowledged by Mycar that there may be circumstances where the Advertiser and users of the Web site may down load a copy of this Web site to their local hard drive of the computer used to access this Web site and print extracts of this Web site, but only for personal use. Such personal use is permitted by the Mycar together with those lawful uses permitted under the Copyright Act 1968 (Cth).
  5.3 Other than those contributions by the Advertiser, (and any other thirds party, if any) it is acknowledged that all trademarks owned by Mycar are in no way licensed to any party and remain the sole property of the Mycar at all times.
  5.4 It is agreed that all e-mail addresses issued by Mycar to the Advertiser for use on this Web site remain the property of Mycar at all times, the use of which shall be immediately discontinued by the Advertiser upon termination of this agreement for whatever reason.
  5.5 The Advertiser acknowledges and confirms to Mycar that he/she is authorised at law to provide to Mycar any copyrightable material provided to Mycar for the use in Advertising on this Web site.
6. Conduct of use.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  6.1 The Advertiser must not use this Web site for any purpose that is unlawful or prohibited by these terms. The Advertiser agrees to abide by all applicable laws of NSW and Australia, regulations and codes of conduct.
  6.2 The Advertiser agrees not to:
    (a) use this Web site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend any other person or entity;
    (b) link, pass off, mislead or deceive or otherwise connect this Mycar Web site to any other Web site, ISP, ASP or other entity without the written consent of an authorised office of Mycar;
    (c) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
    (d) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via this Web site;
    (e) impersonate any person or entity; and
    (f) upload, post, e-mail, transmit or otherwise make available using this Web site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
  6.3 Should any of the conduct referred to in clause 6.2 be engaged in by the Advertiser on this Web site then Mycar may terminate this agreement in accordance with clause 4 of these terms. Mycar retains the right at all times to monitor the use of this Web site and disclose whatever information it must, in order to comply with any relevant law, legal process or governmental body.
7. Liability and Indemnity.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  7.1 It is agreed that the Advertiser will indemnify and hold harmless Mycar, its directors, employees and authorised officers and agents for the use of this Web site for any claim arising out of conduct of the Advertiser that is in breach of clause 6 or that:
    (a) Arises from a failure on the part of the Advertiser to maintain adequate insurances, certificates, safety requirements and the like required by law;
    (b) Is an inability of a customer of the Advertiser to contact the Advertiser, make use of the Advertiser’s services or any injury sustained by the Advertiser’s customer;
    (c) Breaches any provision of the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1987 (NSW);
    (d) Disparages, defames, abuses, harasses, stalks, threatens or otherwise offends others;
    (e) Links, passes off or otherwise connects the Mycar Web site to any other Web site, ISP, ASP or other entity without the written consent of an authorised officer of Mycar;
    (f) Publishes, distributes, e-mails, transmits or disseminates any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
    (g) Engages in or promotes any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spuming via this Web site without the written authority of an authorised officer of Mycar;
    (h) Arises where the services provided by Mycar are precluded by any lawful reason including injunction or other court order;
    (i) Impersonates any person or entity; and
    (j) Uploads, posts, e-mails, transmits or otherwise makes available using this Web site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
  7.2 It is also agreed that the Advertiser will indemnify Mycar in respect of all liability arising out of indirect, incidental, special and/or consequential losses or damages or loss of profits arising from the use of this Web site by the Advertiser and arising from conduct referred to in Clauses 7.1 and 7.3.
  7.3 It is agreed that the Advertiser shall maintain adequate insurance required under relevant laws, regulations or codes of conduct for the purposes of roadworthiness and the like.
8. Goods and Services Tax (GST).
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  8.1 Mycar is registered for the GST;
  8.2 It is acknowledged by the Advertiser that the cost of use of this service by the Advertiser will incur GST and that the amount payable is inclusive in the service fee referred to in this Agreement.
  8.3 Mycar will deliver to the Advertiser a Tax Invoice for each supply in a form, which complies with the GST Act and the Regulations under the GST Act.
9. Governing Law.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  9.1 The governing law for this Agreement and the terms and conditions herein are the laws of the State of New South Wales Australia and the Commonwealth of Australia. To the extent that any inconsistency exists between the State laws and the Commonwealth laws, it is acknowledged that the Commonwealth laws shall prevail.
10. Technological maintenance.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  10.1 It is a condition of use of this service that the Advertiser maintain the appropriate software, hardware and any other technological requirement at his or her own expense.
  10.2 It is also agreed that Mycar is in no way responsible for the upkeep or provision of any software, patch or other technological requirement (including hardware) to enable the Advertiser to browse, review, update or otherwise use the Mycar Web site.
11. No Right of subrogation.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  11.1 The Advertiser acknowledges and agrees that with respect to any loss or damage (including consequential loss) suffered by the Advertiser or third party arising out of the use of this Web site that:
    (a) upon entering into any relevant contract of insurance with the Advertiser’s insurer “the First Party”; or
    (b) Where the Advertiser already maintains adequate insurance, upon entering into this Agreement,
    the Advertiser shall ensure that his insurer “the First Party” is excluded from making any claim for loss or damage (including consequential loss) against Mycar by notifying the insurer “the First Party” in writing that no right of subrogation exists against Mycar.
  11.2 Further and in addition to Clause 11.1 above, it is agreed by the Advertiser that he shall exclude from the right of subrogation, the ability of the insurer “the First Party” to sue Mycar for any loss or damages including any consequential loss or damage.
12. Representations made prior to this Agreement.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  12.1 The Advertiser acknowledges that he does not rely on any representations made prior to the entering into of this Agreement and has not been induced by any prior representations to enter into this Agreement.
13. Privacy.
(This includes all advertisers including taxi cabs, hire cars, limousines, rental cars, buses, tour operators and wedding services on this site).
  13.1 It acknowledged and agreed to by the Advertiser that Mycar shall lawfully disclose on the Web site personal information which may readily identify the Advertiser and includes the Advertiser’s company or business name, (or other name) telephone number, electronic mail address and other contact details as agreed;
  13.2 It is acknowledged and agreed to by the Advertiser that Mycar collects information from which it can develop summary reports, for example traffic patterns. However, these reports are made on a statistical basis rather than reporting information about the Advertiser, as an individual.
  13.3 Mycar will make your personal information referred to at clause 13.1 above available to the general public in accordance with these terms and conditions and may also distribute that information within our group of companies. The Advertiser agrees that in using this Web site, it consents to the collection and use of the personal information on the Mycar Web site. Mycar will not release the Advertiser’s personal information to marketing companies, but may make statistical summaries referred to at clause 13.2 above available to others including advertisers, collectors of statistics and the general public. We shall disclose other personal information not on the Mycar Web site where required to by law.
  13.4 The Advertiser may update any of the personal information contained on the Web site at no cost to the Advertiser up to five (5) times per calender year. Any further alterations to such personal information shall incur a fee of $10.00 per request. It is agreed that Mycar shall use its discretion in accordance with clause 6 of these terms in determining whether any change or alteration shall be permitted. Any changes or alterations by the Advertisers must be by electronic mail.
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