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Seeker (Commercial) Terms and Conditions

These Seeker (Commercial) Terms and Conditions (SC T&Cs) will apply to you if you are a customer of Releaseit Pty Ltd ACN 647 154 096 (Releaseit) and are seeking to lease goods on a commercial basis - that is, if you are seeking to lease goods from an owner that is in the business of leasing goods (Commercial Goods Owner).

In these T&Cs, "we" "us" and "our" refers to Releaseit.

1. Background

1.1 We carry on the business of providing an online platform, being the Releaseit website (Site), which enables customers to gain access to a range of goods that are available for lease, including goods made available by Commercial Goods Owners.

1.2 You are a customer and are seeking to connect with a Commercial Goods Owner through our Site to lease a particular good (the Services).

1.3 We will provide you with the Services in accordance with: 

  1. the Terms of Use; 
  2. these SC T&Cs (which form part of the Terms of Use); and
  3. any other terms, documents or policies provided or adopted by us and provided or notified to the you prior to or at the time the you the Services or the Site generally.
  4. By using the Services through our Site, you acknowledge and agree that you have had sufficient a chance to read and understand the SC T&Cs, Terms of Use and any other terms, documents or policies provided or adopted by us and provided or notified to the you prior to or at the time the you the Services or the Site generally, and you agree to be bound by them. If you do not agree to them, please do not use the Services or the Site.

2. Operative provisions

2.1 The Site contains advertisements for goods that are available for lease from Commercial Goods Owners. Releaseit is the provider of the Site only. 

2.2 You acknowledge that we do not own, create, offer, lease, use, provide, control, manage, offer, deliver, or supply any goods for lease. The Commercial Goods Owners are responsible for: 

  1. their goods that are available for lease on the Site; and
  2. the information provided in the listing about their goods available for lease on the Site.

2.3 We are simply acting as a mere referrer for the Commercial Goods Owners in relation to the Services and so, we have not investigated or verified Commercial Goods Owners’ websites (CGO Websites) which may be linked to or from this Site. These links to CGO Websites are provided for convenience only. Neither we nor our officers, directors, employees, agents, or related bodies corporate (as part of the Services) recommend or endorse the: 

  1. content, terms and conditions, or privacy practices of any Commercial Goods Owners or their CGO Websites which may be linked to or from the Site; or 
  2. products or services of any Commercial Goods Owners mentioned or described on the Site or linked to or from the Site. 

2.4 You acknowledge that you enter any CGO Websites at your own risk and that we are not responsible for CGO Websites.

2.5 If you choose to lease a good advertised by a Commercial Equipment Owner on the Site:

  1. you will need to select the relevant advertised good on the Site and will then be taken directly to the CGO Website to complete the relevant leasing process. Whilst every endeavour is made by Releaseit to ensure the information on the Site is accurate and up to date, the product and price details on the CGO Website may be different to those contained on our Site. To the extent of any such inconsistency, the details on the CGO Website will apply; 
  2. any leasing arrangement between you and the Commercial Goods Owner will be governed by the Commercial Goods Owner’s own general terms and conditions that they have provided to you – you must check the specific terms and conditions that apply when visiting the CGO Website;
  3. you acknowledge that we will not be a party to any such contract between you and the Commercial Equipment Owner and accordingly, we will not liable for any issues that arise in relation to the dealings between you and the Commercial Equipment Owner; and
  4. you do so at your own risk. 

3. Fees

3.1 To the extent that you decide to lease goods from a Commercial Goods Owner through our Site, we will not charge you any fees. However we will charge the Commercial Goods Owner a fee for this referral. This fee is presently unascertainable.

Note: You may be charged a standard fee by the Commercial Goods Owner to lease the particular good – this fee does not relate to our Services and will be disclosed to you by the Commercial Goods Owner on its website or in its terms and conditions.

4. Disputes between you and a Commercial Goods Owner

This clause does not apply to disputes between you and us – those disputes must be dealt with under clause 5 of these SC T&Cs.

 

 

 

4.1 Any disputes between you and a Commercial Goods Owner must be dealt with: 

  1. in accordance with the Commercial Goods Owner’s own general terms and conditions that have been provided to, and agreed to by, you; and
  2. without involving us in the dispute resolution process, as we are not a party to the agreement between you and the Commercial Goods Owner.


5. Disputes between you and us

This clause does not apply to disputes between you and a Commercial Goods Owner – those disputes must be dealt with under clause 4 of these SC T&Cs.

 

 

 

5.1 We consider feedback and complaints as valuable opportunities that assist us to continually strive to improve the products and services we offer to our customers. We follow the fundamental principles of honesty and fairness at all times in dealing with our customers.

5.2 We pride ourselves on offering our customers excellent service. However, a situation may arise where you are unsatisfied with the Service you received or you have an issue that you would like us to address. In these circumstances, any disputes between you and us must be dealt with in accordance with our Dispute Resolution Policy.

5.3 The parties must not bring or maintain any action on any dispute (except for urgent injunctive relief to keep or protect a particular position) until it has been referred and determined as provided in this clause.

6. General provisions

6.1 Variation

We reserve the right in our sole discretion to modify these SC T&Cs from time to time and you should regularly review them. Your continued use of the Site and our services constitutes your agreement to these SC T&Cs and any modifications to them.

6.2 Severability

If a provision in these SC T&Cs is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid.  No provision in these SC T&Cs will otherwise be affected in any jurisdiction.  

6.3 Consent to use of electronic communications

The parties to these SC T&Cs consent to the use of electronic communications as a means of communicating about these SC T&Cs and the matters contained within it.

6.4 Notices

A notice or other communication to or by a party under these SC T&Cs:

  1. must be in writing;
  2. must be delivered by email to:
    1. in the case of Releaseit, to legal@releaseit.com.au; and
    2. in the case of you, to your current email address that we hold in our records; 
  3. subject to paragraph (d), is deemed to be effective one Business Day after the date shown on the email of the sender, unless:
    1. the sender receives an automated notification that the email has not been received by the intended recipient, in which case the notice is deemed to not have been served at the time of sending; or
    2. receipt is acknowledged by the recipient sooner than one Business Day, in which case the notice is deemed to have been served at the time the receipt is acknowledged;
  4. if delivered or received on a day which is not a Business Day, it is taken to have been delivered or received on the following Business Day and, if delivered or received after 4:00pm (addressee’s time), then notice is taken to have occurred at 9:00am on the following Business Day.

6.5 Remedies

Unless provided to the contrary in these SC T&Cs, the rights and powers under these SC T&Cs are in addition to, and do not exclude or limit, any right or power provided by law or equity. 

6.6 Waivers

A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.  Any failure or delay by any party to exercise any power or right or rely on a remedy under these SC T&Cs does not operate as a waiver of that power, right or remedy. 

6.7 Governing law

The laws of New South Wales govern the SC T&Cs.  

6.8 Jurisdiction

Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and waives any right to claim that those courts are an inconvenient forum.