Preliminary
These terms and conditions apply to and form part of any agreement between Carpool-it.com (Aust) Pty Ltd ("the Company") trading as MyCarpools and you for the supply of the Company's services as described on the Company's website ("the Services").
By registering for the Services, you acknowledge that you have read and understood these terms and conditions and you agree to be bound by them.
The Company may vary these terms and conditions at any time without notice to you. The variations shall apply from the date the varied terms and conditions are posted on the Company's website.
However, the Company will not vary these terms and conditions so as to retrospectively increase your liability to the Company for registration fees without your prior consent.
Registration
To register for the Services, you must:
(a) be at least 18 years of age (or 16 years of age and have obtained your parent's or guardian's consent to your registration);
(b) consent to our collection, use and disclosure of your personal information as set out in our privacy consent form.
If you register for the Services, you become a "Member".
There is presently no registration fee payable when you register for the Services is however the Company reserves the right to introduce a registration fee at a later date and if a fee is introduced the Company reserves the right to ask you to register again at that time.
If you provide details of a credit card for any purpose you warrant that you are fully entitled to use the card and that the account to which the card is attached has sufficient funds to cover the charges which you agree at the time you provide the details are to be deducted from it.
Warranties
You warrant that, when registering for the Services and at any time the Company requests information from you, you will provide accurate and complete information.
You warrant that you will not do, or permit or allow any person to use the registration number allocated to you by the Company to do, anything that will bring the Company or the Services into disrepute.
The Services
The Company makes no undertaking, promise or guarantee to you that the Services will be successfully able to "match" you with another Member.
The Company may offer new or additional services from time to time. Your use of those new services may be subject to different terms and conditions to these.
Provided the terms and conditions governing the new services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.
Carbon Emission Reduction Credits
You agree to assign, vest, transfer or otherwise confer upon the Company any carbon emission reduction credits or other rights by any name granted in recognition of carbon emissions, now and in the future, including any proprietary rights introduced by Australian Federal, State or Local government in furtherance of the Kyoto Protocol or other national or international agreements that establish carbon trading rights and systems.
If you are required to do any act or sign any document to give effect to the above clause, you agree to do such acts and sign such documents. If you fail or refuse to do such act or sign such document, you empower the Company to do such acts and sign such documents as your attorney.
Intellectual Property
You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the Company's website are owned by the Company or in some cases third parties.
You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Company's website except with the prior written consent of the Company.
Disclaimer
Your use of the Services in entirely at your own risk. The Company makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on its website. The Company and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that you may suffer directly or indirectly from or in connection with the Services or the Company's website or your use of the Services or the website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the amount of the registration fee or such lesser amount as is possible under the law.
You acknowledge that the Company is not and cannot be responsible for the behaviour of Members. In particular you acknowledge that the Company does not screen or monitor Members and has no way of ensuring that the information contributed by Members is accurate.
If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.
Defaults
If you breach these terms and conditions, the Company may:
refuse to supply the Services to you;
suspend or terminate your access to the Services or parts of it; and
take whatever action it considers appropriate to recover any direct, indirect or consequential loss, damage or expenses that the Company has incurred or suffered as a result of your breach.
General
These terms and conditions are governed by the laws in force in Queensland, Australia.
By registering for the Services you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
These terms and conditions constitute the entire agreement between you and the Company.
Any prior arrangements, agreements, representations or undertakings are superseded.
Any failure by the Company to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by the Company to you shall not be construed as a waiver of the Company's rights under these terms and conditions.
The Company may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party.
You may not assign your rights or obligations under these terms and conditions except with the prior written consent of the Company.
You can contact the Company by email at enquiries@mycarpools.com.
The Company can contact you at any of your postal or home address, your facsimile number and your email address as advised to the Company by you when you register for the Services or at any other address advised in writing to the Company by you.