Terms & Conditions

What you should know before we store and tow!

Thank you so much for your interest in HITCHABLE.

Please note that the agreement that you will be required to enter into with HITCHABLE consists of the following documents:

HITCHABLE.COM.AU BOOKING PROCESS:
Customer Details
Package Details
General Terms and Conditions (this document)

AVAILABLE ON HITCHABLE.COM.AU
Hitchable’s Privacy Policy
Hitchable’s Terms of Use

Collectively, the “Agreement”.

Before entering into the Agreement with Hitchable Pty Ltd ACN 650 835 608 (us, our, we, HITCHABLE), please ensure that you have read and understand this Information Sheet.

You should seek independent legal advice if you do not understand the Agreement.

Should you enter into the Agreement, we hereby advise that we will be entering into the Agreement on the basis and reliance that you have, in fact, understood the terms of the Agreement and have elected to use Hitchable’s services in accordance with the terms of the Agreement.

Please be aware that the Agreement contains terms that may substantially prejudice your interests, including but not limited to the following:

Clause 6. Insurance
Clause 8. Acknowledgment and warranties
Clause 10. Release and Indemnity

Terms and Conditions
This Agreement are the terms and conditions are applicable to all transactions for Towing and Storage Services between Hitchable Pty Ltd ACN 650 835 608 (HITCHABLE) and You.

1. DEFINITIONS

Agreement means all the Customer Details, Package Details General Terms and Conditions, HITCHABLE’s Privacy Policy and HITCHABLE’s Terms of Use.

Accident means an unintentional and unforeseen event, mishap or incident that results in Damage to the Goods or Third-Party Loss that occurs while the Goods are being towed or stored by HITCHABLE in accordance with this Agreement.

Charges means the charges, prices and payable by You to HITCHABLE for the towing and storage services at the rates or amounts specified in Package Details.

Claim includes, without limitation, a claim, notice, demand, action, proceeding, litigation, investigation, judgment, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, equity, or statute and whether involving a third party or a party to this Agreement.

Condition Acknowledgement Form means a digital or hardcopy form that documents the condition of the Goods when they are returned to You by Hitchable.

Customer Details mean the details you provide to HITCHABLE in making Your online at HITCHABLE’s website.

Damage means: (a) any loss or damage to the Goods, however caused, that requires repair or replacement, subject to fair wear and tear; (b) towing and salvage fees; (c) assessing fees; and (d) loss of use and enjoyment of the Goods.

Goods means the goods specified in Customer Details. If the goods actually provided to HITCHABLE are different to the goods specified in the Customer Details, then the reference to “Goods” means those goods.

GST means a goods and services tax payable pursuant to the GST Act or any related law, by a person as a supplier of goods or services.

GST Act means A New Tax System (Goods and Services Tax) Act 1999, any related, associated or amending acts or regulations. Any terms defined in that Act which are also used in these terms and conditions have the same meaning as in that Act.

HITCHABLE’s Privacy Policy means the privacy policy on HITCHABLE’s website.

HITCHABLE’s Terms of Use means the terms of use on HITCHABLE’s website.

Package Details means the details included in the package selected by You on HITCHABLE’s website.

Permitted Use means the use of the Goods solely by You during the Storage Period solely by You and exclusively for recreational activities.

Premises means the location at which the Goods are stored, within HITHCABLE’S absolute discretion.

Prohibited Use means the Goods being utilised during the Storage Period for use (a) on peer to peer sharing platforms such as ‘Camplify’ or similar platforms, (b) the Goods being available to You for use on a commercial basis during the Storage Period.

Quote means the online quotation & quote email issued by HITCHABLE outlining its estimate of the cost for the provision of Towing and Storage Services Package Details.

Towing and Storage Services means those towing and storage and services specified in the Package Details.

Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third-party claim for loss of income or consequential loss.

You/Your means the person specified in Customer Details.

Storage Period means the period which the Towing and Storage Services are provided to You.

2. SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to the Towing and Storage Services supplied by HITCHABLE to You, unless HITCHABLE agrees with you in writing, in the Quote, that all or some of these terms and conditions do not apply or are varied. In the case of the any variation of this Agreement, only the clauses that are varied change, the rest of the terms of the Agreement continue to apply.

3. COLLECTION OF GOODS AND CONDITION REPORT
3.1 on the day of collection of the Goods by HITCHABLE, you must, prior to HITCHABLE taking possession of the Goods, provide to HITCHABLE a completed and agreed condition report in the form specified by HITCHABLE from time to time (Condition Report).
3.2 the contents of the Condition Report are to be agreed with HITCHABLE (acting reasonably) prior to being accepted by HITCHABLE. If a Condition Report cannot be accepted for any reason (including by reason that the contents of same cannot be agreed between the parties, then this Agreement may be terminated by written notice by either party with immediate effect. In this case, if the Agreement is terminated You will be liable for one (1) month of Towing and Storage Services.
3.3 If You are unavailable on the day that the Goods are picked up by HITCHABLE to verify the contents of the Condition Report, then HITCHABLE may take photos of the Goods and rely on same as reflecting the state of the Goods on pick -up.
3.3 the Condition Report must be legible, include all requested photographs, and may be relied upon by HITCHABLE as a defence to any Claim by You against HITCHABLE for any pre-existing damage or alteration to the Goods that were present at the time of pick up by HITCHABLE.

4. CONSENT TO GOODS BEING FILMED
4.1 You acknowledge and agree that the Goods may be displayed incidentally to other users of HITCHABLE as part of any goods surveillance feature offered to You from time to time.
4.2 You hereby provide your consent to the Goods being displayed in accordance with clause 4.1 above.

5. CHARGES
5.1You will pay the Charges in advance of the Towing and Storage Services being rendered.
5.2 If you fail to pay any or all amounts payable by you under these terms and condition, by the date such amounts are due, HITCHABLE will charge interest at a rate of 2% per annum above the rate set by the Penalty Interest Rate Act (Vic) calculated daily on the amount outstanding from the date the amount was due until the date the amount is paid.

6. INSURANCE
6.1 During the currency of this Agreement You must, at Your expense, take out and maintain with an insurer approved by HITCHABLE (acting reasonably) a comprehensive policy that provides:

indemnity for the market value of the Goods;

indemnity for Third Party Loss; and

a public liability policy that provides cover for at least $10,000,000 per claim, noting that HITCHABLE recommends that the You obtain and maintain cover for at least $20,000,000 per claim.

6.2 You must provide HITCHABLE with a copy of the Your certificate of currency for the insurances referred to in clause 6.1, upon entering into this Agreement, and subject to the remaining provisions of this clause, at least annually or at any other time reasonably requested by HITCHABLE. For the avoidance of doubt, You must ensure that You maintain all insurances that You are required to maintain under this Agreement for the duration of the Term including any extension of the Term or this Agreement. This clause and all clauses mentioned within this clause survive expiration or termination of this Agreement.
6.3 Notwithstanding the generality of any indemnities or limitations of liability within this Agreement, You agree to indemnify and hold HITCHABLE harmless in respect of any loss, claim, Accident, Damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) arising out of or in connection with the Your failure to comply with clause 6.2.

7. LIEN
7.1 All Goods provided to HITCHABLE will be subject to a lien for all moneys due under these terms and conditions.
7.2 unless otherwise agreed, and subject to any applicable law, if any amounts are outstanding for more than 60 days HITCHABLE may give you notice of its intention to sell any or all of the goods within a specified time at your cost, by public auction or private treaty, if all of the amounts outstanding are not paid within the period specified in the notice. HITCHABLE may apply the net proceeds of any such sale to the amounts outstanding and return the balance of the proceeds, if any, to You.

8. ACKNOWLEDGEMENTS WARRANTIES
8.1 HITCHABLE excludes, to the extent permitted by law including clause 8.3, any conditions or warranties implied by law in these terms and conditions. Where the law implies in these terms and conditions any condition or warranty that cannot be excluded, the liability of HITCHABLE for any breach of such a condition or warranty is limited, at HITCHABLE’s absolute discretion, to refunding the charges for the Towing and Storage Services in respect of which the breach occurred, or to re-supplying the Towing and Storage Services or to paying the cost of having those Towing and Storage Services re-supplied.
8.2 You warrant that:
(a) You have the authority to enter into this Agreement;
(b) You are the beneficial owner of the goods or have the authority of the beneficial owner of the goods to deal with the goods in accordance with these terms and conditions;
(c) the Goods are not stolen and have not been illegally obtained, and are not the subject of any court order, judgement, writ of execution, proceeding or dispute;
(d) the Goods are in the condition as described in the Condition Report at the time that HITCHABLE takes possession of the Goods.
(e) You will comply with all laws in connection with the Goods; and
(f) the Goods are not and do not contain live animals or organisms; substances which are dangerous, hazardous, illegal, noxious, corrosive, explosive, suffocating, inflammable or in any other way dangerous to a person’s health or safety or property; any thing or substance which may encourage any vermin or pests;
(g) during the Storage Period the Goods will be available to You for the Permitted Use only and You will only use the Goods for the Permitted Use.
(h) the Goods will not be used, or available for use, during the Storage Period for any Prohibited Use.
8.3 The following mandatory text for services pursuant to Australian Consumer Law forms part of this Agreement:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

8.4 You Acknowledge and agree that:
(a) HITCHABLE may refuse to accept a booking or the Goods in its absolute discretion (acting reasonably). Such instances where the HITCHABLE may refuse to accept a booking or the Goods include (without limitation) circumstances where the weight of the Goods are inappropriate for the storage area, the Goods are in too poor of a condition to tow and store safely or without causing risk that the Goods are damaged in transit, where HITCHABLE become aware that the Goods are intended to be used for a Prohibited Use during the Storage Period; where HITCHABLE are unable to offer the Towing and Storage Services for any reason at all.
(b) In circumstances contemplated in 8.2(a), above other than when it is discovered that the Goods are intended to be utilised for a Prohibited Use, HITHCABLE will refund You any monies paid to HITCHABLE in respect of the booking.

9. TERMINATION & RETURN OF GOODS
9.1 You or HITCHABLE may terminate the storage period by giving the other party 30 days written notice.
9.2 HITCHABLE may immediately terminate the storage period by giving written notice if you breach these terms and conditions and fail to remedy the breach within 7 days of receiving written notice from HITCHABLE to remedy the breach; or you go into liquidation and bankruptcy, have a receiver, receiver and manager, administrator or similar person appointed to you, enter into a scheme of arrangement with your creditors, are served with a bankruptcy notice or are unable to pay your debts as and when they fall due.
9.3 In the event of termination, the Charges payable will be as stipulated in the Package Details.
9.4 On expiry of this Agreement you must immediately pay HITCHABLE any amounts outstanding.
9.5. Upon the return of the Goods, You will shall complete a Condition Acknowledgement Form.

10. RELEASE & INDEMNITY
10.1 Unless caused by gross negligence or wilful misconduct, HITCHABLE is not liable to You and You release HITCHABLE, its officers, employees, servants, agents, contractors and invitees for any loss or damage arising directly or indirectly in respect of any act or omission of HITCHABLE, which has caused any loss or damage (including consequential loss) to you or any other person claiming by or through You.
10.2 You indemnify HITCHABLE its officers, employees, servants, agents, contractors and invitees for any liability, cost, damage or loss incurred directly or indirectly as a result of:
(a) any act or omission by you in relation to these terms and conditions;
(b) your breach of these terms and conditions; or
(c) providing the towing and storage services to you unless the liability, damage or loss is caused by HITCHABLE’ gross negligence or wilful misconduct.
10.3 HITCHABLE will not be liable for any indirect loss or consequential loss (including loss of enjoyment of use of the Goods and any loss of accommodation fees), loss of profits, loss of revenue, loss of goodwill, exemplary damages or punitive damages arising in any way out of this Agreement however caused.

11. INTELLECTUAL PROPERTY
11.1 the parties acknowledge and agree that this Agreement does not transfer to either party any intellectual property rights whatsoever.
11.2 Each party acknowledges that it will have no rights and will not acquire any rights in respect of any trademarks, brands or trade names used by any other party or of the goodwill associated with them and that all such rights and goodwill are, and will remain, with the relevant owner.
11.3 Each party will, at the expense of the requesting party, take all such steps as a requesting party may reasonably require assisting that party in maintaining the validity and enforceability of its intellectual property rights.

12. NOTICES
All notices must be in writing and given by personal service, pre-paid postage or facsimile transmission at the addresses of the parties set out in the Quote or to the address designated by a party by written notice.

13. WAIVER
The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

14. LIABILITY OF PARTIES
If you consist of more than one person then the liability of those persons in all respects under these terms and conditions is a joint liability of all those persons and a separate liability of each of those persons.

15. GOVERNING LAW
These terms and conditions is governed by, and is to be construed in accordance with, the law of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

16. DISPUTE RESOLUTION
16.1 If a dispute arises under or connection with this Agreement, a party must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of the dispute until the parties have endeavoured to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.
16.2 The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (the Guidelines).
16.3 The terms of the Guidelines are hereby deemed incorporated into this agreement.
16.4 This clause 16 shall survive termination of this Agreement.

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