These Terms of Use (“Terms“) govern your use of the We Cool Pty Ltd website located at www.wecool.com.au (“Website“) and form a binding contractual agreement between you, the user of this Website and us, We Cool Pty Ltd (“we/us“).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website.

This Website is owned and operated by We Cool Pty Ltd on the World Wide Web.

The material on the Website is copyright © 2016 We Cool Pty Ltd and/or licenced from other copyright owners. By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them.

If you do not agree to the Terms, please do not use the Website.

1. Licence to use Website

1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.

1.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the material on the Website.

1.3 You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

1.4 You must not add any content to the Website:

1.4.1 unless you hold all necessary rights, licences and consents to do so;

1.4.2 that would cause you or us to breach any law, statute, regulation, rule, code or other legal obligation;

1.4.3 that is or could reasonably be considered to be obscene, inappropriate, defamatory, libellous, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

1.4.4 that would bring us, or the Website, into disrepute; or

1.4.5 that infringes the intellectual property or other rights of any person.

1.5 To the extent that the Website contains links to other websites as well as content added by people other than us, we do not endorse, sponsor or approve any such user generated or any content available on any linked website.

1.6 You acknowledge and agree that:

1.6.1 We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion, and we have no liability for any costs, losses or damages of any kind arising as a consequence of altering, amending or ceasing operation of the Website;

1.6.2 The Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and

1.6.3 Whilst we will attempt to ensure that the information provided on the Website (including illustrations and specifications for any products or services) is correct, we cannot guarantee its reliability, accuracy or completeness. Such information is provided without warranties or any kind, either expressed or implied, and users of the Website must make their own independent enquiries to satisfy themselves as to its reliability, accuracy or completeness.

2. Intellectual Property Rights

2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, and the Website and its material may not be re-sold and/or redistributed in any material form, stored in any storage media, and/or re-transmitted in any media without our prior written consent.

2.2 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferrable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral right, and if you add any content in which any third party has moral rights, you must ensure that the third party also consents in the same manner.

2.4 The licence in clause 2.3 will survive any termination of these Terms.

2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties

3.1 You represent and warrant to us that:

3.1.1 you have the legal capacity to enter into these Terms;

3.1.2 you will use this Website only in accordance with these Terms of Use;

3.1.3 the information you provide via this Website will be accurate and complete; and

3.1.4 you have complied with clause 1.4.

4. Liability

4.1 To the fullest extent permitted by law, we exclude all liability in respect of loss of data, damage to computer hardware or software, interruption of business or any consequential or incidental damages.

4.2 To the fullest extent permitted by law, we, our officers, employees, agents or contractors will not be liable under any circumstances for any direct or indirect loss (including, without limitation, any losses in the nature of consequential losses, loss of business profits or loss of data), damage, claim, expense, cost or liability (whether as a result of negligence or otherwise) or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which arise from or relate to:

4.2.1 your use or non-use of the Website or any service or product contained or referred to on the Kiosk;

4.2.2 acting, or failing to act, or your reliance on any information contained on or referred to on the Website and/or any of the linked websites;

4.2.3 inaccuracy or incompleteness of any information contained on this Website; and

4.2.4 temporary or permanent unavailability of the Website or any service or product advertised on it.

4.3 To the fullest extent permitted by law, we exclude all representations, warranties, conditions or terms (whether express or implied) relating to this Website or any information contained on it, other than those expressly set out in these Terms.

4.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

4.4.1 in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods; or

(ii) the repair of the goods; or

(iii)the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired, and

4.4.2 in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

5. Indemnity

5.1 You hereby indemnify, and will keep indemnified, us and our officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which we or any of our officers, employees, agents, contractor or representatives may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to the use of this Website; or any breach by you of these Terms; and publication of or distribution of the material and/or information supplied by you.

6. Use of Information Gathered

6.1 We or people we authorise may gather information and process the information:

(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

6.2 We are bound by the Privacy Act 1988 and the National Privacy Principles. Our Privacy Policy outlines how and when personal information is collected, stored and distributed by us. You can review our Privacy Policy here.

7. Termination

7.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.

7.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

7.3 We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

8. General

8.1 You must not assign, sub-licence or otherwise deal in any way with any of your rights under these Terms.

8.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

8.4 This Agreement is governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.

1. Interpretation

In this agreement:

‘Owner’ means We Cool Pty Ltd ABN 20 611 973 070 and its substitutes, successors and permitted assigns;

‘Renter’ means any person who signs this agreement personally or by an agent;

‘Coolroom’ means the coolroom described on the front page of this form and any replacement for that/those coolroom and includes all accessories and other equipment;

‘Commencement date’ means the date set out on the front of this form;

‘Expiry date’ means the date on which the coolroom is redelivered by the renter or by anyone else to the owner, or, if the coolroom is stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the coolroom has been stolen or damaged beyond repair.

‘Rental period’ means the period beginning on the commencement date and ending on the expiry date.

‘Rental charge’ means the charge or charges shown on the front page of this form;

‘GST’ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2. Rental of Goods

The owner agrees to rent the coolroom to the renter for the rental period and the renter agrees to take the coolroom on hire for that period and to pay the rental charge for the rental period, together with any applicable GST, on the terms and conditions set out in this agreement. The renter is entitled to use the coolroom for the rental period and for any agreed extension of the rental period. The renter agrees to return the coolroom to the address on the front of this form at the end of the rental period.

3. Payment for rental

The renter agrees to pay to the owner the amount of the rental charge for the coolroom for the rental period, together with any applicable GST.

The renter also agrees to pay the other amounts set out on the front of this form and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the renter’s hiring of the coolroom.

The renter authorises the owner to complete any documents necessary or desirable to enable the renter to make any payments through any credit card system. The renter authorises the owner to charge amounts due under this agreement to the credit card shown on the front of this form.

4. Renter’s warranties

• The renter warrants that:
• the particulars on the front of this form are correct in every respect and are not misleading in anyway including, without limitation, by omission;
• the renter holds a current driver’s licence valid for the type of coolroom hired;
• in selecting the coolroom the renter has not relied on the owner’s skill and judgment or on any representations made by or on behalf of the owner and agrees that the coolroom complies with their description, is/are in merchantable condition and is/are fit for the renter’s purpose.

5. Renter’s obligations

The renter will:

• not allow the coolroom to be driven by any other person other than the renter ;
• keep the coolroom in first class condition and only use it as they would be used by a careful and prudent owner;
• not use the coolroom for any illegal purpose;
• report any damage to, or loss of, the coolroom to the owner immediately such damage or loss occurs;
• be liable for any breach of this agreement committed by the renter’s servants or agents;
• indemnify the owner for any loss (including legal costs) incurred by the owner in relation to any breach of this agreement and for any liability arising out of any such breach.

6. Insurance

Where the coolroom is stolen or damaged, the renter is liable to pay the owner the amount of the insurance excess (plus any GST) charged to the owner by the owner’s insurance company.

7. Repossession

The owner may retake possession of the coolroom if the renter breaches any provision of this agreement.

8. Exclusion of liability

The owner is not liable for any consequential loss or damage suffered by the renter with respect to the coolroom.

9. Title to coolroom

The renter acknowledges that the owner retains title to the coolroom and that the renter has rights to possess the coolroom as a mere bailee only. The renter does not have any right to pledge the owner’s credit in connection with the coolroom and agrees not to do so. The renter also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the coolroom and not to conceal or alter the coolroom or make any addition or alteration to, or repair of, the coolroom.

10. No waiver

Time is of the essence of this agreement, except that no delay by the owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

11. Governing law

This agreement will be governed by the law of Victoria.