TERMS AND CONDITIONS OF HIRE

The Hirer acknowledges that the hire of any equipment from Borain Investments Trading as Emu Holiday Hire, hereafter referred to as (“the Owner”) is subject to the following hire conditions:-

  • 1. All terms and conditions contained in this document represent the entirety of the Agreement between the Hirer and Owner.
  • 2. All hire equipment supplied by the Owner shall at all times remain the property of the owner.
  • 3. The Hirer agrees to pay hire charges as provided by the Owner;
  • 4. The Hirer agrees to pay the Owner for any equipment lost, returned damaged or incomplete during the hire period at full replacement cost.
  • 5. In the event that the Hirer fails to pay the hire charges or to return the equipment at the cessation of the hire period, the Owner shall be entitled to claim any loss of profits due to the failure to return the equipment and any costs associated with its recovery.
  • 6. The Hirer must notify the Owner via Email of any change of address within 48 hours of the Hirer changing address.
  • 7. All hired equipment must be returned in clean and working order. Should the Hirer fail to do this, the Owner is entitled to recover their reasonable cleaning and repair expenses.
  • 8. The Hirer is responsible for due care of the equipment at all times whilst the equipment is in the possession or control of the Hirer.
  • 9. No warranty is given by the Owner in respect of the condition of the equipment hired or its suitability for any particular purpose implied or otherwise.
  • 10. The Owner reserves the right to change the hire rate without notice.
  • 11. The Owner reserves the right to charge a bond on all equipment hired. The bond will be returned to the Hirer upon the Owner’s satisfaction that the equipment has been returned in a clean and working order.
  • 12. The Owner charges the Hirer a fee for delivery and pick up . The amount of this fee is based on the delivery and pick up location.
  • 13. All booking cancellations must be made via Email at least 24 hours prior to 9am of the the delivery date and a full refund will be provided. Should less than 24 hours notice be given, the full refund will be provided less a $30 late cancellation fee . No refunds will be provided for items that have already been delivered or for cancellations made after 9am of the delivery date.
  • 14. The Hirer will be responsible to pay the total hire charges for the full hire period.
  • 15. The Owner does not accept any responsibility or liability for any injury, damage or loss caused to any person or persons or property belonging to the Hirer or any third party arising from the use of the hired equipment. Notwithstanding how such injury may have arisen, it is the Hirer’s sole responsibility to ensure that the hired equipment is appropriate for the Hirer’s intended use.
  • 16. Should a Court of competent jurisdiction find that any term or condition of this agreement is found to be void or unenforceable by law, then the invalidity or unenforceability of the term or condition will not effect any other term of condition of the agreement.
  • 17. This Contract is governed by and construed in accordance with the law of the State of Queensland Indemnity Clause.

INDEMNITY CLAUSE

  • 1. The Hirer shall indemnify the Owner, the Owner’s employees and agents from all loss, damage, injury, actions or claims arising either directly or indirectly from use, maintenance, transport or operation of the hired equipment or otherwise.
  • 2. The Owner is not liable to the Hirer or Hirer’s servants or agents for any loss, damage, injury, actions or claims arising either directly or indirectly from any representations, warranties, terms or conditions expressed or implied for the use, maintenance, transport or operation of the hired equipment or otherwise, whether resulting from the negligence of the Owner, the Owner’s employees, agents or otherwise.

Privacy Policy

Privacy Policy

Disclaimer

Emu Holiday Hire Disclaimer

General

In these Terms of Use:

"Emu Holiday Hire" stands for Emu Holiday Hire of Noosa, and includes any of the partners and employees of Emu Holiday Hire or any of its associated entities or any other person contributing to this Web Site.

"Loss" means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered. "Linked Web Sites" means Web Sites of people other than Emu Holiday Hire which are hyperlinked from this Web Site.

This "Web Site" means the whole or any part of the web pages located at www.emuholidayhire.com.au (including the layout of this WebSite; individual elements of the WebSite design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).

"We" and "us" refer to Emu Holiday Hire, and "our" has a similar meaning.

These terms of use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Web Site.

Nothing contained in these Terms of Use derogates from Emu Holiday Hire's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Emu Holiday Hire with respect to that use.

Linked Web Sites

This Web Site may contain links to linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those other Web Sites.

Unless stated otherwise on this Web Site, we have:
a. no relationship with the owners or operators of those linked Web Sites; and
b. no control over or rights in those linked Web Sites.

Copyright

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:

Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or commercialise any information, products or services obtained from any part of this Web Site, without our written permission.

Application

Emu Holiday Hire and entities controlled by it, are subject to the National Privacy Principles in the Privacy Act 1988 (Cth).

This Privacy Policy and Disclosure Statement explains in general terms how Emu Holiday Hire protects the privacy of your personal information under the National Privacy Principles. It also sets out the matters which we are required to disclose to individuals under National Privacy Principles 1.3 and 1.5. The principles set out in this The Sands Holiday Hire privacy policy and disclosure statement will apply to any personal information you provide to Emu Holiday Hire via our Web Site or under any agreement or arrangement and to information which we collect about you from other sources.

This Emu Holiday Hire Privacy Policy and Disclosure Statement does not apply to acts and practices of a Emu Holiday Hire entity which relates directly to the employee records of that Emu Holiday Hire entity's current and former employees.

Disclaimer of Liability

General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Specific Warnings and Disclaimers

You should not act on the basis of anything contained on this Web Site without first obtaining specific professional advice. The information on this Web Site is not comprehensive and is intended only to provide a summary of the subject matter covered. You must make your own assessment of it and rely on it wholly at your own risk.