Terms Of Use

1. Introduction

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Welcome to www.hireempire.com.au, operated by The Hire Empire. By using our “Service” — which includes accessing, browsing, subscribing to, or creating listings on our website — you agree to be bound by these Terms and Conditions (“Terms”), forming a legal “Agreement” with The Hire Empire. If you disagree with any part of this Agreement, please refrain from using our website and services.

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The Hire Empire, referred to as “we,” “us,” and “our” throughout, provides this website, including all information, tools, and services to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Our service is hosted on Wix, offering an e-commerce platform that facilitates our directory of products and services.

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2. General Terms

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The Hire Empire reserves the right to refuse service at our discretion. This includes, but is not limited to, situations where user conduct violates our policies or legal regulations. Your content, excluding credit card information which is encrypted for added security, may be transferred unencrypted and involve various networks. Reproducing, duplicating, copying, selling, reselling, or exploiting any part of our Service, without our express written permission, is prohibited. The headings in these Terms are for convenience only and will not limit or otherwise affect these Terms.

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3. Special Provisions

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We act as a facilitator between service providers, suppliers, and customers, and we do not bear responsibility for transactions or interactions between these parties. Disputes must be resolved directly between the parties conducting the transaction. We may introduce subscription services in the future, which will be communicated to users through notices and updates on our website.

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4. Accuracy and Completeness of Information

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While we strive for accuracy, we do not guarantee that all information on our site is accurate, complete, or current. The content is for general information only and should not be the sole basis for decision-making. We encourage users to verify the information with the relevant parties before relying on it. Any reliance on the material on this site is at your own risk.

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5. Service Modifications and Pricing

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Prices and services are subject to change without notice. We reserve the right to modify or discontinue the Service, and will endeavour to notify users of significant changes. Existing users will be informed about how these changes affect their current agreements.

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6. Third-Party Links and Content

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Our Service may include materials from third-parties and links to third-party websites. We do not endorse and are not responsible for the content or accuracy of third-party materials. Users are encouraged to report any problematic third-party content.

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7. User Contributions

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Any submissions, such as comments or feedback, provided by users can be used by us without restriction. We reserve the right to monitor, edit, or remove content that violates our Terms or any third party’s rights, or which may be unlawful, offensive, defamatory, or obscene. Intellectual property rights of user submissions remain with the user, but grant us a licence to use them.

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8. Personal Information and Privacy

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Personal information submitted through our store is governed by our Privacy Policy, accessible on our website.

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9. Errors and Omissions

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We reserve the right to correct any errors, inaccuracies, or omissions and are not obligated to update information unless required by law. Users are encouraged to report any inaccuracies they find.

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10. Prohibited Uses

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Users are prohibited from using our site for unlawful purposes, violating regulations or laws, infringing upon intellectual property rights, or engaging in harmful or misleading activities. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

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11. Warranties and Liability

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Our services are provided ‘as is’ without warranties. We do not guarantee uninterrupted, timely, secure or error-free service. We are not liable for any damages arising from your use of our services, including errors or omissions in content, or any direct or indirect damages incurred. This does not affect statutory consumer rights under Australian law. 

 

We are not liable for any damages arising from your use of our services, including but not limited to, any errors or omissions in any content, or any direct, indirect, incidental, punitive, special, or consequential damages incurred.

 

Further, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions facilitated through our third-party links, including our vendor’s website, social links or alternate communication methods. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

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You agree that we may suspend or terminate the service for a stipulated period of time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. 

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12. Indemnification

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Users agree to indemnify and hold harmless The Hire Empire and its affiliates from any claims arising from your violation of our Terms, or the rights of a third party.

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13. Severability and Termination

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If any provision of these Terms is found to be unlawful or unenforceable, it will not affect the validity of the remaining provisions. These Terms are effective unless terminated by either party. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we believe that you have failed to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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Users can request to remove their listings at any time and we will honour such requests as soon as reasonably practicable. We reserve the right to terminate agreements and remove listings for breaches of these Terms.

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14. Governing Law

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These Terms are governed by the laws of New South Wales (NSW), Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of NSW. 

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15. Entire Agreement

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These Terms constitute the entire agreement between users and The Hire Empire and supersede all prior agreements, both oral and written. Inconsistencies between this Agreement and other terms on our website, these Terms prevail.

 

The failure by us to exercise any right, or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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16. Changes to Terms

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We reserve the right to revise these Terms at any time, with continued service use constituting acceptance of new terms.

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17. Miscellaneous 

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We reserve the right to use photos, videos and testimonials you upload for our marketing and informational purposes. To publish content about us, prior written consent is required.

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18. Dispute Resolution

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In the event of a dispute, confidentiality is paramount and communications must be conducted privately. Any public discussion or comments deemed defamatory, negative or damaging will be subject to compensation claims. Disputes that cannot be resolved should be addressed through independent arbitration, with each party responsible for their own costs.

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19. User Obligations

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Users must ensure that all provided information, including product descriptions by vendors, is accurate and up-to-date. Compliance with relevant legislation and regulations, including Australian Consumer Law, is required. You must conduct yourself appropriately, and act courteously and respectfully whilst interacting on our website or social media.

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If any improper content is uploaded, including content which is unlawful, false, or misleading, we may exercise our discretion to terminate this Agreement. 

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20. Definitions

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Key definitions include “Company” (The Hire Empire), “Customer,” “Equipment,” and others as used in these Terms.

 

• Agreement means these Terms and Conditions and all other terms and conditions and policies published or linked to on our website in future.

• Australian Consumer Law means the Competition and Consumer Act 2001 Schedule 2.

• Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

• Copyright is defined under the Copyright Act 1968 (Cth).

• Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

• Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

• Representative means the nominated representative that can make decisions on your behalf.

 

Website and listing services means www.thehireempire.com.au, and everything available on this website including, but not limited to, the listing services.