Effective Date: 23 October 2024
Terms of Use
What you should know
“Cineride Pty Ltd.,” "us", "we" or "our" refers to Cineride Pty Ltd., ABN 97 665 225 230 and our officers, directors, employees, contractors, and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors, and agents.
“Eligible Mobile Devices” means a compatible wireless internet-enabled mobile phone, tablet, or other comparable mobile device.
“Website” refers to any website owned or operated by Cineride Pty Ltd. (including the website currently located at www.Cineride Pty Ltd.com.au). References to the “Website” include any and all features, functionality, tools, and content available on or through each such website.
“You” or “your” means any and all persons or other legal entities that access or use the Website. References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website.
Please read these Terms of Use (“Terms”) carefully before continuing with your use of the Website. The Website, and information on it are controlled and operated by ‘Cineride Pty Ltd.,’ the trading name of Cineride.
These Terms, Cineride Pty Ltd. Policy- https://cineride.com.au/privacy-policy and, as applicable, the Rental Terms and Conditions -https://cineride.com.au/terms-and-conditions (each as amended from time to time, and which are incorporated by reference into these Terms) shall govern the use of the Website and apply to all traffic visiting the Website . By accessing or using the Website, you agree to these Terms.
The use of the features, functionality, tools, content, and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools, or content or participate in those promotions, liable Supplemental Terms are also incorporated and deemed part of these Terms of Use. If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to liable features, functionality, tools, content, and promotions.
If you do not agree with these terms, do not use or access the Website.
Cineride Pty Ltd. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. Every time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. By using the Website after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.
You may choose to create a customer account through the Website. You must keep your log in information secure. You may not transfer your account or your rights under these Terms to another person.
You confirm that the information you provided to Cineride Pty Ltd. on registration, was at the time you provided it current, complete, and accurate, and you agree to maintain and update this information.
Cineride Pty Ltd. collects your registration data and certain other information about you in accordance with Cineride Pty Ltd. Policy- https://cineride.com.au/privacy-policy and, as applicable, the Rental Terms and Conditions - https://cineride.com.au/terms-and-conditions. Cineride Pty Ltd. Policy applies to your use of the Website and contains information about how Cineride Pty Ltd. uses your personal information.
While some content on the Website are publicly available, you must register for a user account before you are able to use certain features and functions. You may register to create an account directly via the Website. You may not register for an account on behalf of any person (other than yourself).
Your account will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up to date.
In addition, when opening your account, certain services may also require and/or be subject to:
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. The Website will encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your Cineride Pty Ltd. account or any other account that you may connect to your Cineride Pty Ltd. account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Cineride Pty Ltd. of any unauthorised use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorised roved such activities or actions. Cineride Pty Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may cancel your account at any time by contacting our database team on https://cineride.com.au/. If any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent, Cineride Pty Ltd. may terminate your account.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel your account if you fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If Cineride Pty Ltd. has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Cineride Pty Ltd.’s reasonable satisfaction.
Any rights or remedies which you may be entitled to under Australian Consumer Law, arise independently of these Terms and nothing in these Terms limits any claim you may have under Australian Consumer Law. You may be entitled to remedies that cannot be excluded under Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under Australian Consumer Law.
The following applies without excluding, restricting, or modifying the rights and remedies to which you may be entitled under certain provisions of the Australian Consumer Law or Cineride Pty Ltd.’s liabilities under those provisions.
The Website is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Cineride Pty Ltd. does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of the Website or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Website or any Linked Sites.
Other than those warranties which under Australian law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Cineride Pty Ltd. disclaims any and all warranties of merchantability and fitness for a particular purpose. Cineride Pty Ltd., its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of the Website do not warrant that the functions contained in the Website will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of the Website is at your sole risk. You (and not Cineride Pty Ltd.) assume the entire cost of all necessary servicing, repair, or correction of your system. You expressly agree that neither Cineride Pty Ltd., nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Website , is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Website or any other linked site. Without limiting the generality of the foregoing, Cineride Pty Ltd. and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Website . You expressly acknowledge and agree that Cineride Pty Ltd. is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Cineride Pty Ltd.’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.
You are fully responsible for how you use the Website and for all use and activity conducted using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Cineride Pty Ltd. from and renounce any claim in respect of or arising from any reasonable reliance by Cineride Pty Ltd. upon any use of your log in information, including Cineride Pty Ltd. disclosing information relating to your registration and/or affairs with Cineride Pty Ltd. You agree to indemnify, defend, and hold harmless Cineride Pty Ltd. and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Cineride Pty Ltd. and its Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Cineride Pty Ltd. makes no representation that content in its website is appropriate or available for use in any location other than Australia. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New South Wales, Australia.
Any action you, any third party or Cineride Pty Ltd., brings to enforce these Terms, or in connection with any matters related to the Website , shall be brought only in the courts of New South Wales, Australia, and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Cineride Pty Ltd. does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Cineride Pty Ltd.’s rights to later enforce that or any other term or condition.
If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.
These Terms will not be deemed to create a partnership, joint venture, agency, or employment relationship of any kind between Cineride Pty Ltd. and you.
These Terms contain all the terms of your agreement with Cineride Pty Ltd. relating to your use of the Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. In the event that any inconsistencies exist between these Terms and any future published terms of use, the last published Terms or terms of use shall prevail.
Any rights not expressly granted herein are reserved by Cineride Pty Ltd.
Effective Date: 23 October 2024
What you should know
Welcome to the Cineride Australia Website
· “Cineride,” "us", "we" or "our" refers to Cineride Pty Ltd., ABN 97 665 225 230 and our officers, directors, employees, contractors, and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors, and agents.
· “Eligible Mobile Devices” means a compatible wireless internet-enabled mobile phone, tablet, or other comparable mobile device.
· “Website” refers to any website owned or operated by Cineride (including the website currently located at www.cineride.com.au). References to the “Website” include any and all features, functionality, tools, and content available on or through each such website.
· “You” or “your” means any and all persons or other legal entities that access or use the Website. References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website.
Please read these Terms of Use (“Terms”) carefully before continuing with your use of the Website. The Website, and information on it are controlled and operated by ‘Cineride Australia,’ the trading name of Cineride Pty Ltd., ABN 97 665 225 230 (“Cineride”, "us", "we" or "our").
These Terms, Cineride Pty Ltd. Policy- cineride.com.au/privacy and, as applicable, the Rental Terms and Conditions - cineride.com.au/terms-conditions (each as amended from time to time and which are incorporated by reference into these Terms) shall govern the use of the Website and apply to all traffic visiting the Website . By accessing or using the Website, you agree to these Terms.
The use of the features, functionality, tools, content, and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools, or content or participate in those promotions, likable Supplemental Terms are also incorporated and deemed part of these Terms of Use. If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to liable features, functionality, tools, content, and promotions.
If you do not agree with these terms, do not use or access the Website. Cineride reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. Every time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. By using the Website after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.
You may choose to create a customer account through the Website. You must keep your log in information secure. You may not transfer your account or your rights under these Terms to another person. You confirm that the information you provided to Cineride on registration, was at the time you provided it current, complete, and accurate, and you agree to maintain and update this information. Cineride collects your registration data and certain other information about you in accordance with Cineride Pty Ltd. Policy- https://www.Cineride Pty Ltd.au/privacy and, as applicable, the Rental Terms and Conditions - cineride.com.au/terms-conditions. Cineride Pty Ltd. Policy applies to your use of the Website and contains information about how Cineride uses your personal information.
While some content on the Website are publicly available, you must register for a user account before you are able to use certain features and functions. You may register to create an account directly via the Website. You may not register for an account on behalf of any person (other than yourself).
Your account will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up to date.
In addition, when opening your account, certain services may also require and/or be subject to:
· a valid credit card on file with Cineride.
· a valid driver’s license on records with Cineride.
· your rental location must offer and support the feature and/or service; and
· the rental car must support the feature and/or service.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. The Website will encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your Cineride account or any other account that you may connect to your Cineride account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Cineride of any unauthorised use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorised roved such activities or actions. Cineride cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may cancel your account at any time by contacting our database team on https://cineride.com.au/contact. If any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent, Cineride may terminate your account. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel your account if you fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If Cineride has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Cineride Pty Ltd.’s reasonable satisfaction.
All content on the Website , including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy, trade mark and publicity laws, and communication regulations and statutes), and are owned and controlled by Cineride or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Cineride. Content on the Website or any Website owned, operated, licensed, or controlled by the Providers is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein solely for your personal, non-commercial use only. You may not otherwise modify, use, copy, reverse engineer, adapt, reproduce, store in a retrieval system, republish, upload, post, transmit, sell, distribute, or in any way communicate to the public and/or exploit the content or information in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any non-personal or commercial use, without the prior written consent of Cineride or the Providers (as applicable). You may not use in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any other purpose, any trademarks, service marks or copyrighted materials appearing on the Website , including but not limited to any logos or characters, without our or the relevant Provider’s (as applicable) prior written consent. You may not frame or otherwise incorporate into another Website any of the content or other materials on the Website without the prior written consent of Cineride.
You warrant to Cineride that you will not use the Website for any purpose that is unlawful or that is prohibited by these Terms, including without limitation attempting to do any of those acts or engaging in or permitting another person to do any of them or any of the below acts:
· posting or transmitting any infringing, threatening, libellous, defamatory, obscene, harassing, offensive, scandalous, inflammatory, pornographic, or profane material on or through the Website; or
· use in a manner or way, or posting to or transmitting to or via the Website any material which interferes with our or our other users or our other customers use of the Website or which tampers with or hinders the operation of the Website and its associated software, hardware and servers (including by transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website or by using any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website ); or
· removing any copyright, trademark or other proprietary rights notices contained in or on the Website; or
· creating accounts by automated means or under false or fraudulent pretences; or
· taking any action that imposes or that would in our reasonable opinion result in an unreasonable or disproportionately large load on our infrastructure including (but not limited to) by sending spam or by engaging in other unsolicited emailing techniques; or
· accessing the Website servers other than by connecting via HTTPS requests using a web browser; or
· downloading for use and/or accessing on devices that are not Eligible Mobile Devices; or
· using or exporting the materials on the Website in breach of any export laws and regulations.
If you breach any of these Terms, in addition to any other remedies that Cineride or its Providers may have, your permission to use the Website immediately terminates without the necessity of any notice. Cineride retains the right to deny access to anyone at its discretion for any reason, including for breach of these Terms.
The Website may contain links to other Websites or other apps ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Cineride’s control, and Cineride is not responsible for, and does not endorse, such content, whether or not Cineride is affiliated with the owners of such Linked Sites. The Linked Sites may or may not be affiliated with the Website and/or Cineride, and may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to Linked Sites is governed by the terms of use and policies of those Linked Sites, not the Website.
You may not establish a hyperlink to the Website or provide any links that state or imply any sponsorship or endorsement of your Website by Cineride, or its affiliates.
You agree that when you access your account using the Website , you will be responsible for your conduct when using the Website , regardless of whether such access was required for personal, or work-related activities; Any time you access or use the Website , you are required to comply with our User Conduct Guidelines, as follows:
You are not authorised to access or use the Website:
Further, you may not:
Any rights or remedies which you may be entitled to under Australian Consumer Law, arise independently of these Terms and nothing in these Terms limits any claim you may have under Australian Consumer Law. You may be entitled to remedies that cannot be excluded under Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under Australian Consumer Law.
The following applies without excluding, restricting, or modifying the rights and remedies to which you may be entitled under certain provisions of the Australian Consumer Law or Cineride Pty Ltd.’s liabilities under those provisions.
The Website and all content on the Website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Cineride Pty Ltd. does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of the Website or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Website or any Linked Sites.
Other than those warranties which under Australian law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Cineride Pty Ltd. disclaims any and all warranties of merchantability and fitness for a particular purpose. Cineride Pty Ltd., its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of the Website do not warrant that the functions contained in the Website will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of the Website is at your sole risk. You (and not Cineride Pty Ltd.) assume the entire cost of all necessary servicing, repair, or correction of your system. You expressly agree that neither Cineride Pty Ltd., nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Website , is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Website or any other linked site. Without limiting the generality of the foregoing, Cineride Pty Ltd. and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Website . You expressly acknowledge and agree that Cineride Pty Ltd. is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Cineride Pty Ltd.’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.
You are fully responsible for how you use the Website and for all use and activity conducted using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Cineride Pty Ltd. from and renounce any claim in respect of or arising from any reasonable reliance by Cineride Pty Ltd. upon any use of your log in information, including Cineride Pty Ltd. disclosing information relating to your registration and/or affairs with Cineride Pty Ltd. You agree to indemnify, defend, and hold harmless Cineride Pty Ltd. and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.
These Terms are for the benefit of Cineride Pty Ltd. and its Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Cineride Pty Ltd. makes no representation that content in its website is appropriate or available for use in any location other than Australia. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New South Wales, Australia.
Any action you, any third party or Cineride Pty Ltd., brings to enforce these Terms, or in connection with any matters related to the Website , shall be brought only in the courts of New South Wales, Australia, and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Cineride Pty Ltd. does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Cineride Pty Ltd.’s rights to later enforce that or any other term or condition.
If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.
These Terms will not be deemed to create a partnership, joint venture, agency, or employment relationship of any kind between Cineride Pty Ltd. and you.
These Terms contain all the terms of your agreement with Cineride Pty Ltd. relating to your use of the Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. In the event that any inconsistencies exist between these Terms and any future published terms of use, the last published Terms or terms of use shall prevail.
Any rights not expressly granted herein are reserved by Cineride Pty Ltd.