About the 50% off Chain Hire
The 50% off Chain Hire has been designed for families that Rent 2 or more Skis or Snowboards or a combination of Skis or Snowboards on our Online Booking service.
(a) This Coupon product Service is operated by Skiplus (ABN 87 109 043 576). Access to and use of the product, is provided by Skiplus. Please read these terms and conditions (the 'Terms') carefully. By using, the Coupon product Service, 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 Coupon product Services, immediately.
(b) Skiplus reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Skiplus updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Skiplus in the user interface.
Rental of Products
(a) In using the Coupon product Services for the Rental products through the Website, you will agree to the payment of the Rental price listed on the website for the product (the 'Rental Price').
(b) Payment of the Rental price may be made through a third party listed on the website (the 'Payment Gateway Provider'). In using the Rental services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Rental price being confirmed by Skiplus, you will be issued with a receipt to confirm that the payment has been received and Skiplus may record your purchase details for future use.
(d) Skiplus may, at their sole discretion, provide a refund under certain circumstances. You acknowledge and agree that Skiplus will not refund third party fees.
General Disclaimer
(a) You acknowledge that Skiplus does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Coupon product other than provided for pursuant to these Terms.
(b) Skiplus will make every effort to ensure the Coupon product is accurately depicted on the Website,
(c) Nothing in these 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Skiplus 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 Coupon product Services or these Terms (including as a result of not being able to use the Coupon product Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(iii) 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;
(iv) the accuracy, suitability or currency of any information on the Website, the Coupon product Services, or any of its content related products (including third party material and advertisements on the Website);
(v) costs incurred as a result of you using the Website, the Coupon product Services or any of the Products;
(vi) the Content or operation in respect to links which are provided for the user's convenience;
(vii) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(viii) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
(a) Skiplus's total liability arising out of or in connection with the Coupon product Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Rental price paid by you under these Terms or where you have not paid the Rental price, then the total liability of Skiplus is the resupply of information or Rental services to you.
(b) You expressly understand and agree that Skiplus, its affiliates, employees, agents, contributors, third party content providers 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.
(c) Skiplus is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Coupon product Services, whether posted or caused by users of the website of Skiplus, by third parties or by any of the Coupon product Services offered by Skiplus.
Indemnity
(a) You agree to indemnify Skiplus, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
Governing Law
The Terms are governed by the laws of Victoria, 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 Victoria 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.
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.
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.