Terms and Conditions
The Riparide website (www.riparide.com.au) and Mobile Application (referred to in these Terms and Conditions as the Riparide Platform) is owned and operated by Riparide Pty Ltd (ACN 154 577 456) (“Riparide”, “us” and “we”).
The material on the Riparide Platform is copyright © 2017 Riparide Pty Ltd (ACN 154 577 456).
The Riparide Platform is available for Users to access and use conditional on acceptance without alteration of the Terms set out below. By continuing to use and access the Riparide Platform you agree to such Terms. If you do not accept these Terms, you may not use and access the Riparide Platform.
In these Terms, unless the context indicates otherwise:
'Customer'means an individual who requests a Rental;
'Traveller'means an individual who requests a Rental;
'Customer Payment'means the listed price for Rental Items on the Riparide Platform;
'Mobile Application'means the mobile application offering the Riparide products and services;
'Rental'each transaction in which a Customer rents or books Rental Items from a Supplier via the Riparide Platform.
'Rental Items'means items (or “stuff”) that are available to book or rent via the Riparide Platform, including but not limited to, accommodation, equipment, adventures, experiences, tours and lessons;
Riparide' or 'us' or 'we' means Riparide Pty Ltd (ACN 154 577 456);
'Riparide Account'means your account registration made with Riparide Platform;
'Riparide Platform'means the Riparide website and Mobile Application;
'Service Fee'means the commission payable to Riparide by the Supplier for connecting the Supplier with a Customer that rents Rental Items from the Supplier, with such commission to be 10% of the Customer Payment or such other rate of commission as agreed between Riparide and Supplier from time to time;
'Supplier'means the individual or entity, which advertises Rental Items on the Riparide Platform.
'Terms'means these Terms and Conditions;
'User' or 'you' or 'your'means a person who completes Riparide's account registration process, including, but not limited to Customers and Suppliers; Platform, including reviews and/or testimonials;
'User Content'means any and all information and content that a User submits to, or uses with, the Riparide Platform, including reviews and/or testimonials;
2.1. The Riparide Platform is a web and mobile platform which allows Suppliers to advertise Rental Items in a variety of pricing formats to Customers. Riparide allows Suppliers and Customers to identify and communicate with each other and then separately enter into rental agreements for the provision of the Rental Items from the Supplier to the Customer.
2.2. Riparide does not act as an agent for Suppliers who advertise Rental Items on the Riparide Platform.
2.3. The Riparide Platform provides a platform for Customers and Suppliers to interact. Riparide does not become party to any contractual relationship between a Customer and Supplier, is not responsible or liable for any matters arising between the Customer and Supplier in relation to the dealings between them, and does not mediate between Customers and Suppliers if a dispute arises between them.
2.4. Information submitted and published on the Riparide Platform by a Supplier about their Rental Items is not monitored, verified or endorsed by Riparide. The Supplier, and not Riparide, is solely responsible for any inaccurate, incomplete or out-of-date information they submit about their Rental Items.
2.5. Riparide does make any representations in relation to the safety, quality, condition or description of Rental Items provided by Suppliers that are advertised on the Riparide Platform. A Customer should deal directly with a Supplier regarding issues encountered by a Customer regarding safety, quality, condition or description of Rental Items, and these matters should be dealt with directly between the Customer and the Supplier with whom the Customer has made the booking. Riparide is unable to provide refunds in these instances (or in any other circumstances) as it does not provide refunds on behalf of Suppliers.
2.6. Suppliers may impose their own terms and conditions in relation to their Rental Items. A Customer contracts to use Rental Items from Suppliers subject to those terms and conditions. A Customer should therefore check that they understand and agree to those terms and conditions before they confirm their booking.
2.7. All bookings are subject to availability of the Rental Items and it is the responsibility of the Supplier, not Riparide, to confirm the availability of a Rental Item.
2.8. You agree that you will only use the reservation/enquiry form on the Riparide Platform for genuine booking enquiries or reservations.
3. Limitation of Liability of Riparide and the Supplier
3.1 To the maximum extent permitted by law, Riparide will not be responsible, and we exclude all liability, for any loss or damage whatsoever (including personal injury and damage to property) that you or another person may suffer in connection with using the Rental Items or using or relying on information from the Riparide Platform.
3.2 To the extent permitted by law, neither the Supplier nor any other person or entity whose site or listings have been integrated into the Site, will be responsible, and excludes all liability, for, any loss or damage whatsoever (including personal injury and damage to property) that a Customer may suffer in connection with the use of a Rental Item or using or relying on information published about that Rental Item on the Riparide Platform.
4. Use of Riparide Platform
4.1 The Riparide Platform assists Customers to make legitimate reservations and transact business with Suppliers, and to make payments for those transactions, and for no other purpose.
4.2 The Riparide Platform is only available for use by individuals over the age of 18 years of age.
4.3 To use the Riparide Platform, a Customer must register and establish an account with Riparide ('Riparide Account') and provide certain information when prompted by the registration form. You warrant and agree that all information supplied by you in using the Riparide Platform is true and accurate and you will maintain the accuracy of such information.
4.4 When you register for a Riparide Account, you will be issued with a username and password in order to use the Riparide Platform. The username and password are personal to you and are not transferable. You are responsible for all information posted or transmitted via the Riparide Platform, and are responsible for anyone using your username or password and making any payments due for goods or services acquired through the system using your username and password. You agree to notify Riparide of any unauthorised use of your Riparide Account that you become aware of.
4.5 A Supplier with whom you have made a booking may ask for a security deposit to be paid, in addition to the Customer Payment. Riparide does not become involved in the payment or return of the security deposit. Return of these amounts is based on the Supplier's terms and conditions, and their inspection of the condition of Rental Items after use.
5. Payment System
5.1. If you are a Supplier and a booking is requested for your Rental Items via the Riparide Platform, you will be required to either confirm or reject the request within the specified timeframe (which is within 48 hours of when the booking is requested, or as otherwise may be determined by Riparide at its sole discretion from time to time) or the booking request will be cancelled.
5.2. Riparide will notify the Customer once the Supplier confirms that it can meet and satisfy the Customer's booking request. Riparide will then provide the Customer with the Supplier's bank details and contact details.
5.3. The Customer must then pay the Customer Payment to the Supplier.
5.4. Once the Supplier has either received the Customer Payment from the Customer for a booking of a Rental Item, the Supplier will be liable to pay the Service Fee to Riparide.
5.5. The Supplier will pay the Service Fee to Riparide no later than 7 days after the Supplier has received payment of the Customer Payment.
5.6. Riparide will issue an invoice to the Supplier in relation to the Service Fee (including any applicable fees and charges) that is charged by Riparide for connecting the Supplier with the Customer.
5.7. Riparide reserves the right to vary the Service Fee (including fees and charges) it imposes on and invoices to the Supplier for connecting the Supplier with a Customer, and will notify the Supplier of any such variations from time to time.
6. Changes, cancellation and refunds
6.1. Terms and conditions for bookings, variations to bookings, cancellations, refunds and security deposit refunds are specific to each Supplier and the Rental Items they list. Suppliers have their own cancellation policies which Customers are required to follow and adhere with.
6.2. If a Customer wishes to cancel or change their booking or the Supplier can no longer fulfil a booking, they must contact the respective Supplier or Customer directly. Riparide is unable to request any booking changes or cancellations on your behalf.
6.3. If the Supplier cancels or changes a booking and cannot provide the Customer with a suitable alternative booking, Riparide will seek to assist the Customer to obtain a suitable alternative booking via the Riparide Platform.
The use of some Rental Items advertised on Riparide may be considered dangerous and Customers should be aware of the risks involved. Suppliers acknowledge that they are responsible for maintaining appropriate public liability insurance (and any other appropriate insurances) for all risks associated with use of the Rental Items and warrant to Riparide that they shall maintain such insurances. Riparide makes no representations to Customers about the quality, condition or safety of the Rental Items made available by Suppliers nor does Riparide make any representation about the Supplier's availability of insurances associated with the Rental Items. The responsibility rests with the Customer to make enquiries with the Supplier or other third parties as to the Supplier's insurance cover (if any) and the need of the Customer to acquire their own insurance cover for the use of the Rental Items and associated matters.
8.1 Users undertake and agree not to use the personal information of other Users made available for the purposes of interacting with other Users in relation to the Riparide Platform, for any other purpose, including for marketing purposes.
8.2 Users represent and warrant that they will comply with applicable privacy laws and data protection laws (including, without limitation, the Australian Privacy Act 1988 (Cth) in relation to the storage, use and transfer of personal information.
9. Intellectual Property
9.1 Excluding User Content, Users acknowledge that all intellectual property rights including, but not limited to, copyright in all of the content and/or material and/or services provided by it via the Riparide Platform or otherwise, are owned by Riparide.
9.2 Use of the Riparide Platform does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
9.3 The rights granted to Users in these Terms are subject to the following restrictions. Users shall not:
(a) license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit or encumber the Riparide Platform;
(b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Riparide Platform;
(c) access the Riparide Platform in order to build or promote a similar or competitive service.
10. Links to other websites
10.1 The Riparide Platform may contain links to websites, services and advertisements owned and operated by third parties (Third Party Sites) which are not under the control of Riparide.
10.2 In relation to the Third Party Sites which are linked to the Riparide Platform, Riparide:
(a) provides links to other Third Party Sites as a convenience to you and the existence of links to Third Party Sites does not necessarily imply any endorsement, representation or authorisation by the Riparide of Third Party Sites; and
(b) is not responsible for any material contained on Third Party Sites.
11. User Content
11.1 Riparide makes the Riparide Platform available for others to publish User Content without assuming a duty of care to Users.
11.1 Users are solely responsible and assume all risk associated with use of their User Content, including any reliance on its accuracy, completeness or usefulness by other Users.
11.3 By posting or adding to User Content on the Riparide Platform, Users grant Riparide a non-exclusive, royalty-free licence to use the User Content in any way. Users consent to any act or omission which would otherwise constitute an infringement of their moral rights.
11.4 Riparide is not obligated to backup any User Content and User Content may be modified or deleted at any time at the sole discretion of Riparide.
12. Disclaimers and Release
12.1 To the full extent permitted by law, Riparide makes no warranty (express or implied) or guarantee any representation that the Riparide Platform and any information contained or referred to on the Riparide Platform:
(a) will meet a User's requirements; or
(b) will be available to a User on an uninterrupted, timely, secure, or error-free basis; or
(c) will be accurate, reliable, free of viruses or errors or defects, complete, legal or safe.
12.2 Access to, and use of the Riparide Platform is at your own discretion and risk. You accept the full cost of any necessary repair, correction and maintenance of any of your computer or mobile software or hardware, which may be necessary as a consequence of accessing and/or using the Riparide Platform.
12.3 Riparide will not be liable under any circumstances for any loss or damage of any kind recognised by law (even if it has been advised of the possibility of such loss or damage) incurred as a result of:
12.4 Riparide will not be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to any matter that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:
(a) your use, or inability to use, the Riparide Platform;
(b) any interactions or transactions of you with, or any act or omission in relation to other Users;
(c) delays to, interruptions of or cessation of services provided in the Riparide Platform;
(d) defamatory, offensive or illegal conduct of any Users.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Riparide, Riparide's officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, resulting from:
(a) your use of and access to the Riparide Platform, including any data or content transmitted or received by you;
(b) your rental of the Rental Items;
(c) your violation of Riparide's intellectual property rights;
(d) your User Content;
(e) your interaction with any other User;
(f) your violation of any thirty party right, including any copyright, property or privacy right;
(g) any breach of your obligations under these Terms;
(h) any other scenario contemplated by these Terms.
14. Indemnity from Customer
The Customer hereby indemnifies and keeps indemnified Riparide against any loss, cost, expense or damage which Riparide may suffer or incur as a result of the Customer's failure to comply with its obligations (including payment of the Customer Payment) to the Supplier.
15. Indemnity by Supplier
The Supplier hereby indemnifies and keeps indemnified Riparide against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which Riparide may suffer or incur as a result of or associated with the Customer renting Rental Items from the Supplier (including any claims made by a Customer, or as a result of the Supplier failing to provide the Rental Items to the Customer in accordance with its terms and conditions or otherwise as advertised or represented by the Supplier).
16. Termination of access and the Riparide Platform
16.1 Riparide may suspend or terminate a User's Riparide Account and access to the Riparide Platform if it believes a User has violated or acting inconsistently with these Terms or has violated the rights of Riparide or those of another party. Riparide is not liable for costs, losses or damages of any kind arising as a consequence of such termination.
16.2 Riparide reserves the right, at any time, to modify, suspend, or discontinue the Riparide Platform with or without notice. Riparide will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Riparide Platform.
Any notice to be given by you to Riparide shall be sent to the Riparide's address that appears on the Riparide Platform or as otherwise notified to you by Riparide. No notice shall be deemed to be given until it is actually received at such address.
18. Duration of Terms
The covenants, conditions, provisions and warranties contained in these Terms shall not terminate upon completion of the transactions contemplated herein but to the extent that they have not been fulfilled and satisfied shall remain in full force and effect.
Your rights and obligations set out in these Terms may not be assigned or subcontracted or otherwise transferred by you without the prior written consent of Riparide.
20. Force Majeure
Riparide will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages or any other cause which is beyond Riparide's reasonable control.
21. Entire Agreement
These Terms constitute the entire agreement between you and us as to use of the Riparide Platform and supersede and cancel all prior agreement, understanding and negotiations in connection with use of the Riparide Platform.
22. Changes to Terms.
22.1 Riparide reserves the right to change these Terms with or without further notice to you and without giving you any explanation or justification for such change.
22.2 If we make any substantial changes, we may notify you by sending you an email to the last e-mail address you provided to us and/or by posting notice of the changes on the Riparide Platform. Any changes to the Terms will be effective upon the earlier of thirty (30) calendar days following dispatch of an email notice to you or thirty (30) days following our posting of notice of changes on the Riparide Platform. These changes will be effective immediately for new users of our Site or Services.
22.3 Continued use of the Riparide Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Failure by Riparide to enforce any term, warranty or condition contained in these Terms shall not be deemed as a waiver of that right or any other right Riparide may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
24. Governing Law
24.1 These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
24.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts entitled to hear appeals from these Courts, to determine any dispute arising out of these Terms.
You agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent and if any are judged invalid or unenforceable in all the circumstances, that provision(s) or portion of a provision(s) shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
If you have any queries in relation to these Terms, please contact:
Riparide Pty Ltd
Attn: Legal Requests
Email address: [email protected]