Information about Hey Pete

Terms of use

WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.heypete.com.au (the 'Website'). The Website facilitates
interactions between:
(b) Independent owners renting their goods (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate,
arrange payment and deliver the services in a fast and secure manner (the
'Services').
1.2. The Website is operated by Hey Pete (ABN 93 767 068 510) . Access to and
use of the Website, or any of its associated products or Services, is provided by
Hey Pete. Please read these terms and conditions (the 'Terms') carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of its products or
Services, immediately.
1.3. Hey Pete reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Hey Pete updates the Terms, it
will use reasonable endeavours to provide you with notice of updates of the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
 
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms of Use made available to you
by Hey Pete in the user interface.
 
3. The Services
3.1. In order to access the Services, both the Receiver and the Provider are
required to register for an account through the Website (the 'Account').
 
3.2. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Telephone number
(d) Password
(e) Pick up location
3.3. You warrant that any information you give to Hey Pete in the course of
completing the registration process will always be accurate, correct and up to
date.
3.4. Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Hey Pete; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
 
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Hey Pete of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use
the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or
distribute on the Website ('Your Content') will always be accurate,
correct and up to date and you will maintain reasonable records of Your
Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of
the Website (where interaction with other Members is made available to
you);
(h) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of providing the
Services;
(i) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Hey Pete;
(j) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of the Services. Appropriate legal action will be
taken by Hey Pete for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
 
5. Using the Website as the Receiver
5.1. All items borrowed must be cared for as if it were your own. Please notify the owner of any issues upon return.
 
6. Using the Website as the Provider
 6.1. All items listed must include an accurate description alerting the borrower to any potential issues prior to rental.
 
7. Payment
7.1. By Hey Pete offering the Services to you, you agree that:
(a) As the Provider of items there is an agreed upon 10% of the rental fee due at
the time of Receivers payment.
7.2. All payments made in the course of your use of the Services are made using
Stripe. In using the Website, the Services or when making any payment
in relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Stripe terms and conditions
which are available on their website.
 
8. Refund Policy
8.1. Since Hey Pete is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Hey Pete does not hold any liability to the Receiver directly and will not personally refund them any
payments made in the use of Services.
8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Hey Pete requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days,
contact Hey Pete through the 'Contact Us' section of the Website outlining
why you believe you are entitled to a refund so we are able to determine if
the Provider should be removed from the Services.
8.3. If contacted by a Receiver who is requesting a refund pursuant to the above
clause, the Provider agrees that it will immediately:
(a) complete the Hey Pete refund request form (the 'Request Form') provided
on the Website; and
(b) provide both the Request Form and the email from the Receiver
requesting the refund to Hey Pete.
8.4. If the Provider agrees to a refund it is acknowledged that the Provider will
instruct Hey Pete to refund all or part of the payments made to the Receiver
directly, less any fees and charges incurred by Hey Pete in processing the
refund.
8.5. Both the Receiver and Provider agree that they will comply with the Refund
Policy contained in this Clause of these Terms.
 
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of Hey Pete are
subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video
images, audio clips, Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by Hey Pete or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Hey Pete, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to:
Hey Pete does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Hey Pete.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
9.3. Hey Pete retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer
any to you.
(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),
9.4. You may not, without the prior written permission of Hey Pete and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not extend to
materials on the Website, which are freely available for re-use or are in the
public domain.
9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Hey Pete a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
 
10. Privacy
Hey Pete takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Hey Pete's Privacy Policy, which is available on the Website.
 
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Hey Pete will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising out of or in connection with
the Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Hey Pete make any express
or implied representation or warranty about the Services or any products or
Services (including the products or Services of Hey Pete) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Hey Pete; and
(d) the Services or operation in respect to links which are provided for your
convenience.
11.4. You acknowledge that Hey Pete Website and the Services are only intended to
facilitate the interactions between the Receiver and the Provider and does not
offer any services other than the Services and Hey Pete holds no liability to you
as a result of any conduct of the Members or the misuse of Your Content by
any party (including other Members).
 
12. Limitation of Liability
12.1. Hey Pete's total liability arising out of or in connection with the Services or
these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply
of the Services to you.
12.2. You expressly understand and agree that Hey Pete, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You acknowledge and agree that Hey Pete holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing Your Content to the Website.
 
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing Hey Pete with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Hey Pete via the 'Contact Us' link on our homepage.
13.2. Hey Pete may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Hey Pete is required to do so by law;
(c) Hey Pete is transitioning to no longer providing the Services to Members in
the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Hey Pete is, in the opinion of Hey
Pete, no longer commercially viable.
13.3. Subject to local applicable laws, Hey Pete reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts Hey Pete's name or reputation or violates the rights of
those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Hey Pete have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights, obligations
and liabilities indefinitely.
 
14. Indemnity
14.1. You agree to indemnify Hey Pete, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
 
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 
15.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with
15.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
 
16. Venue and Jurisdiction
The Services offered by Hey Pete is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
 
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
 
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
 
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 
(a) individual (the 'Receiver'); and
the mediation;
(d) The mediation will be held in NSW, Australia.
15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.