Villagr Policies

1.    Acceptance
1.1.    These terms of use (Terms) govern your use of Villagr’s Platform.  By using the Platform, you agree to be bound by these Terms.  If you do not agree to these Terms, you may not be able to use or access the Platform or your use or access to the Platform may be limited.  
1.2.    Supplemental policies or terms, such as our Privacy Policy, may apply to the Platform and shall be deemed part of these Terms.  If there are any inconsistencies between these Terms and any other terms or agreements between you and us, these Terms will prevail.
1.3.    We may amend these Terms from time to time at our discretion.  Any amendments will be effective from when we publish the amended Terms to our Website.  By continuing to use the Apps or the Websites, you agree to be bound by the amended Terms.
1.4.    If any part or whole of a provision of these Terms is illegal or unenforceable, it will be severed from these Terms and it will not affect the enforceability or validity of the remaining clauses of these Terms.
2.    Licence
2.1.    The Platform connects Users to facilitate the Services.  Villagr is not a party to transactions between Users, does not provide any Services itself and is not an agent or representative of any Users.
2.2.    Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Platform to access the Services in accordance with these Terms.  
2.3.    You must not:
2.3.1.    use the Platform for any purpose other than to access the Services;
2.3.2.    use the Platform or Services in any way which is a breach of applicable laws or which infringes any person’s rights, including Intellectual Property Rights;
2.3.3.    do anything that interferes with the supply or affects the performance of the Platform or our systems, including without limitation introducing, transmitting or distributing any virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
2.3.4.    do anything that would constitute a breach of privacy; and
2.3.5.    do anything that, in our reasonable opinion, is likely to cause annoyance or which is defamatory, obscene, threatening or otherwise detrimental or prejudicial to us or our systems. 
3.    User accounts
3.1.    To use the Platform, you may be required to register for and maintain an active Account.  Account registration requires you to submit certain Personal Information, including payment methods.  You agree to maintain accurate, complete and up-to-date Personal Information in your Account.  Failure to do so, including failure to maintain a valid payment method, may result in your inability to access the Platform.  Villagr will handle your Personal Information in accordance with our Privacy Policy.
3.2.    You are responsible for all activity that occurs under your Account and you agree to maintain the security of your Account username and password.
3.3.    Unless otherwise permitted by Villagr in writing, you may only possess one Account.
4.    Fees
4.1.    Your use of the Platform may result in charges to you for Services you receive from another User (Services Charges).  Villagr will facilitate your payment of the Service Charges to the relevant User.  Payment of Services Charges will be treated as if the payment was made directly by you to the User who provided you with the Services.  
4.2.    Service Charges are final and non-refundable, unless otherwise determined by Villagr or as required under Australian Consumer Law. Where Villagr issues a refund at its discretion, the refund amount may be reduced by any non-refundable third-party payment processing fees.
4.3.    All Service Charges are immediately due and payment will be facilitated by Villagr using the preferred payment method in your Account.  If your preferred payment method in your Account is expired, invalid or otherwise not able to be charged, Villagr may use any available secondary payment methods in your Account.
4.4.    The Service Charges may be displayed as a fee estimate before the Services are provided (Fee Estimate).  The Fee Estimate is based on a number of factors, including the size and weight of the products being moved, the distance being travelled, tolls and surcharges.  The Fee Estimate is an estimate only and does not constitute a price guarantee.  The final Service Charge may differ from the Fee Estimate.  
4.5.    You may cancel the Services at any time before the User providing the Services arrives.  If so, you may be charged a cancellation fee.  If the Services are cancelled for reasons not attributable to you, you may be entitled to a refund of fees paid, less any non-refundable payment processing fees. 
4.6.    If the provision of Services to you results in a User’s vehicle being damaged in excess of normal wear and tear, you will be responsible for the cost to repair any such damage that is excess of normal wear and tear (Repair Fee).  If a User submits a request for a Repair Fee and that request is verified by Villagr, Villagr reserves the right to facilitate the payment of the Repair Fee using the preferred payment method in your Account.  The Repair Fee will be transferred by Villagr to the relevant User.  Repair Fees are non-refundable. 
5.    Updates
1    We may at our absolute discretion update the Platform.  We will endeavour to provide reasonable notice of any scheduled updates that are likely to affect access to the Services.  However, we will not be liable if for any reason the Platform is unavailable at any time or for any period or if access to the some parts or all of the Platform is restricted. 
6.    Third party services and content
2    The Platform may contain Linked Sites that are not operated by us.  We have no control over the Linked Sites and we accept no responsibility for them or any loss or damage that may arise from your use of the Linked Sites.  Your use of any Linked Sites will be subject to any terms of use or service applicable to such Linked Sites.
7.    Intellectual Property
7.1.    Villagr owns or licences all Intellectual Property Rights in the Platform, including all updates, improvements, modifications, customisations and derivative works, whether made by Villagr or Users.  No rights of ownership in the Platform transfer to you by virtue of these Terms.  
7.2.    You are not permitted to publish, manipulate, modify, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Platform, nor may you use any such content in connection with any business or commercial enterprise.
7.3.    You acknowledge and agree that Villagr will suffer real and substantial damages if you breach this clause 7 and Villagr may seek injunctive relief for any actual or perceived breach.  You acknowledge and agree that damages alone may not be an adequate remedy. 
8.    Privacy
3    All personal information collected by Villagr will be handled in accordance with our Privacy Policy, a copy of which can be accessed on the Website at www.villagr.com.au.  By using the Platform, you consent to the processes described in our Privacy Policy.
9.    Villagr warranties
9.1.    To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to these Terms that are not expressly set out in these Terms are excluded.  
9.2.    Where warranties cannot be excluded, Villagr’s liability for any loss arising out of a breach of warranty is limited to the resupply of the Villagr Services or paying the cost of having the Villagr Services resupplied by someone else.
9.3.    Villagr does not warrant the honesty or accuracy of any information provided by Users, including information about Services and the ability of Users to provide Services.  
10.    Indemnities
4    You indemnify and agree to keep indemnified Villagr from and against all damages, claims, costs, losses and expenses incurred by Villagr as a consequence of your use of the Platform or your breach of these Terms.
11.    Limitations on liability
11.1.    Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the ACL, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. 
11.2.    To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and we must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
11.3.    Villagr will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone or computer equipment, mobile phone or computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any Linked Sites.
11.4.    This disclaimer does not affect Villagr’s liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
12.    Termination
12.1.    These Terms will immediately terminate if you cease to have a valid licence to use the Platform for any reason.
12.2.    If these Terms are terminated, you must immediately cease use of the Platform, and Villagr may take any reasonable action necessary to disable or terminate your access to the Platform.
13.    Governing law
5    These Terms are governed by, and must be construed in accordance with, the laws of South Australia.  The parties must submit to the non-exclusive jurisdiction of the courts of that state.
14.    No waiver
6    Failure by Villagr to enforce any provision of the Term shall not be treated as a waiver of that provision by Villagr, nor shall it affect Villagr’s rights to subsequently enforce that provision.  
15.    Assignment
7    Villagr may assign or transfer its rights or obligations under these Terms at any time without notice to the Users.
16.    Complaints
8    Villagr operates a complaint handling procedure which will be used to try to resolve disputes when they first arise.  If you have any complaints, please contact Villagr by sending an email to info@villagr.com.au.
17.    Definitions
17.1.    Account means an active personal User account that enables Users to use some parts or all of the Platform;
17.2.    ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
17.3.    Intellectual Property Rights means all intellectual property and rights anywhere in the world (including present and future rights and whether registered or unregistered), including without limitation:
17.3.1.    all logos, symbols, trade marks, trade names, service marks, brand names, inventions, patents, designs, trade secrets, know-how, techniques, copyrights, procedures, confidential information, any right to have confidential information kept confidential and other property of a like nature;
17.3.2.    any application or right to apply for registration of any of those rights; and
17.3.3.    all associated goodwill;
17.4.    Linked Sites means links to third party websites or content;
17.5.    Personal Information has the meaning given in the Privacy Act 1988 (Cth);
17.6.    Platform means the mobile application, websites, including the Website, and other platforms owned and operated by Villagr for the purpose of enabling the Services;
17.7.    Services means the moving and related services provided by Villagr by connecting Users seeking moving and related services with Users providing moving and related services;
17.8.    Users means individuals who sign up to use the Villagr Platform;
17.9.    Villagr Services means the provision of the Platform to facilitate Users’ access to the Services; and
17.10.    Website means https://www.villagr.com.au/.