TRAVEL WIFI DEVICE RENTAL AGREEMENT – DAYDREAMER AUSTRALIA PTY. LTD. ABN 42 603 433 754 TRADING AS TRVL (‘TRVL’).
By using and/or renting a Travel WiFi device from TRVL, you agree to be bound by the following terms and conditions (‘Agreement’), as may be amended from time to time. In addition, where authorisation from you (or to any other third party) is necessary in order to give effect to any such terms, then you agree that such authorisation has been strictly provided and complied with:
- Rentalof a TravelWiFi Device (‘device’)
1.1 When you rent or purchase a Device/s, you will be charged the Rental Price that appears on the Purchase Order for the device/s as purchased from TRVL. You will be required to enter your email address and mobile number so you can receive notices relating to your rental, including your receipt.
1.2 Your device rental/s is for the number of days listed on your Purchase Order; a day commences at 12:01 am and ends at 12:00 pm and is based on Australian Central Standard Time (ACST), UTC +9:30. Your Purchase Order will contain a Start Date and an End Date for your Device Rental. Your must return your device to Device Returns @TRVL, PO BOX 9, FULHAM GARDENS SA 5024 via the Return Prepaid Parcel provided, within 5 days of your End Date. It is your responsibility to ensure that when returning the device/s, that all devices/s are posted back in a manner that they will not be damaged in transit. All devices will be inspected upon return for any damage. Once we have received your returned device, and it is in an acceptable condition, you will receive Confirmation of Return email. If we do not receive your device within the 7 days from your End Date, your debit/credit card will automatically accumulate and be charged extended rental fees for every week it is outstanding. It will be charged $25 per week per device if you keep the device/s beyond the due date, up to a maximum extended rental fee amount of $250 (inc. GST) per device (Maximum Extended Rental Charge). If upon returning the device/s or you reach the maximum extended rental fee amount, your nominated account is not able to be charged, we will attempt to debit the funds again the following day and every 5 days thereafter until your rental account is returned to a $0 balance. TRVL is not responsible for any fees incurred from your financial institution for funds being deducted from your account. You undertake to keep the devices/s in good working condition and repair as when the devices/s was delivered to you until such time the device/s is returned in the original case that it was provide to you in.
1.3 These Rental Terms apply to all device rentals from TRVL, or from one of our Third Party partners . A valid credit or debit card is required at the time of rental. When renting from TRVL, you authorise TRVL to process charges against your provided debit or credit card details for amounts owing due to (a) failure to return items, (b) damages to returned items, (c) other unpaid charges and reasonable legal fees for the recovery of amounts owing. At the time of checkout, TRVL submits the credit or debit card charge for the total amount stated on the check-out screen. Extended rental charges are applied at the time of returning the hired Device/s. You will receive an invoice via the same email address as provided by you as entered at the time of hire.
1.4 TRVL may have different rental fees or purchase price for product across Australia. These terms and pricing may be subject to change at any time without advance notice to you, but changes made will not affect the rental or purchase price of product issued or in progress
1.5 DAYDREAMER AUSTRALIA PTY. LTD. ABN 42 603 433 754 (TRVL) and its related entities are not responsible for any damage to your property caused by the use of items rented from TRVL
1.6 If the device/s returned are damaged or in unusable condition, TRVL and its related entities reserves the right to assess and include any additional fees, up to and including the maximum extended rental fee of $250 (inc. GST). TRVL reserves the right to deny use or do business with you if the device/s that you rent are consistently being returned damaged.
- Limitation of Liability
Any liability of TRVL in connection with goods or services supplied to you will, subject to any non-excludable liability, for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of TRVL be limited to:
2.1 In relation to the purchase of product, for replacement or repair of the product, the supply of equivalent product, the payment of the cost of replacing or repairing the product, or the payment of the cost of obtaining equivalent product; and
2.2 In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
- Age Requirements
When you use purchase from TRVL, you positively assert that you are 18 years of age or older and that the debit or credit card that you are using is legally issued to you. If you are under 18 years of age, you may use TRVL devices only with the permission of a parent/guardian and the legal owner of the credit/debit card you are using. In the event you allow a minor to make use of your debit or credit card, you will ensure that such viewing by any minor/s will not contravene any Act or Regulation in Australia. You indemnify and hold TRVL and its related entities and or companies and employees harmless from any and all claims of whatsoever nature and howsoever arising including, but not limited to, any personal injury suffered or sustained as a result of renting, using, purchasing or receiving any device from TRVL, except for any liability which cannot be excluded by law.
You indemnify and hold TRVL and its related entities and/or companies and employees harmless from any and all claims of whatsoever nature and howsoever arising including, but not limited to any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for product liability, personal injury or negligence resulting from use of products or services supplied to you or on your behalf by TRVL, except for any liability which cannot be excluded by law.
- Applicable Law
These terms and conditions are governed by the laws in force in South Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia, Australia and any courts, which may hear appeals from those courts.
- Electronic Communication
By providing your email address and mobile number, you consent to receiving communication relating to your rentals from TRVL, and any other promotional notice. Should you not want to receive any information in relation to any promotions from TRVL, please contact us firstname.lastname@example.org
- Privacy Statement
TRVL and its related companies comply with the Australian Privacy Principles. To that end, we offer this statement to inform our users of how we gather and utilise personal information. TRVL will take all reasonable steps to protect user privacy, consistent with the Australian Privacy Principles
In order to process orders, we need information such as your name, email, address, and payment details. Other information will also be collected with your permission from time to time.
The Member authorises TRVL to disclose information about you to organisations within TRVL and organisations and agencies that TRVL uses in ordinary administration of its business including debt collection and other processing, printing and mailing, as well as third parties and promotional agencies who form part of TRVL’s product/service delivery.
By providing your email address and mobile number, you consent to receiving communication relating to your rentals from TRVL, to provide customer support, to provide you with the products, services or information you have requested, to maintain your account and to notify you about other or new services or promotions and any other promotional notice from time to time. Should you not want to receive any information in relation to any promotions from TRVL, please contact us email@example.com or by selecting the opt-out feature on our communication.
At this time, TRVL do not disclose personal information to overseas recipients. Should this change in the future, this policy will be updated to include such information and individuals notified.
Aspects of these functions may be outsourced to third parties, who are only authorised by TRVL to use this information for these purposes. TRVL may also disclose personal information to law enforcement agencies, government agencies, courts or external advisors where permitted or required by law.
Information collected by TRVL may also be combined and de-identified to provide TRVL with anonymous demographic and usage information. TRVL can then use this aggregated information to develop new and/or more appropriate services and products to offer to customers and may also be provided to third parties.
Other than as described above, TRVL will not make an attempt to identify users. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our records.
Personal information provided by you can be changed by contacting us at firstname.lastname@example.org If you wish to complain about our use of your personal information, please contact:
Contact Us @ TRVL PO Box 9 FULHAM GARDENS SA 5024