These terms and conditions apply to and form part of any agreement between Carpool-it.com (Aust) Pty Ltd ("the Company" and "we") trading as MyCarpools and you for the supply of the Company's services as described on the Company's website ("the Services"). "The Client" means The University of Newcastle.
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.
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);
(c) be eligible to register on and use the Client's carpooling service.
If you register for the Services, you become a "Member".
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 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 will also be subject to these terms and conditions.
The Company intends to report emissions of greenhouse gases avoided as a result of carpooling activity to certifying and regulatory bodies for the purpose of having the avoided emissions certified as verifiable emissions abatement. Such certification cannot and will not be on the basis of the activity of any individual or group of individuals participating in any one carpool alone but rather on the basis of calculations of activity and emissions avoided aggregated across large numbers of participants in carpooling activities.
You acknowledge and agree that should the Company be successful in achieving certification of emissions avoided as a result of carpooling activity at any time during your registration with the Company that you will not claim any of the value and you have no automatic right to claim any value of any certified emissions abatement that may be achieved. The Company may in the future, but need not, offer you some benefit as a result of achieving certification of emissions abatement from carpooling activity.
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.
Your use of the Services is entirely at your own risk. The Company and the Client make no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on the Company's website. The Company and the Client and their 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.
To the extent permitted 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 and the Client are not and cannot be responsible for the behaviour of Members (including you). In particular you acknowledge that the Company and the Client do not screen or monitor Members and have 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.
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 loss, damage or expenses that the Company has incurred or suffered as a result of your breach.
By registering for the Services you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
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 or the Client to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by the Company or the Client to you shall not be construed as a waiver of the Company's or the Client'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 email@example.com.
The Company can contact you in relation to the Services at any of your postal address, or your email address as advised to the Company by you when you register for the Services.