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Terms and Conditions

The Company provides the wireless modem that allows people to connect Wi-Fi enabled devices to the internet when travelling overseas. Use of WifiPalm is subject to this Rental Agreement.

  1. DEFINITIONS

1.1    The following terms are used regularly throughout this Agreement and have a particular meaning:

(a) ABN means Australian Business Number.

(b) Agreement means the agreement formed between the Customer and the Company under this Rental Agreement.

(c) Booking means an order made to hire a WifiPalm for a specific Term.

(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.

(e)  Cancellation Fee means the fee charged to a Customer for the cancellation of a Booking, as notified to the Customer at the time of Booking, or in default shall be the equivalent of 48 hours hire.

(f)  Company means WifiPalm Pty Ltd ABN 13 613 764 828

(g) Customer means any person that makes a Booking.

(h)  Customer Data means data that is transmitted via WifiPalm by the Customer, but does not include derivative data (such as analytics).

(i)   Daily Rate means the daily fee paid by the Customer to use WifiPalm, as advertised on the Site and/or as agreed by the parties.

(j)    Data Limit means the WifiPalm daily limit on data as set by the Company, which in default shall be 2GB per day.

(k)   Deposit means the fee charged by the Company at the time of making a Booking as set by the Company.

(l)    Device means any Wi-Fi enabled device, including laptops, smartphones and tablets.

(m)  General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.

(n)   GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(o)    Hiring Fee means the price paid by the Customer to use WifiPalm as calculated by the Daily Charge times the number of days in the Term.

(p)    Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;

(q)    Internet Service Provider (ISP) means any entity that provides Customers with access to the internet via WifiPalm.

(r)     Privacy Act means the Privacy Act 1989 (Cth).

(s)     Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at http://www.wifipalm.com/privacy.

(t)     User Guide means the written instructions for use of WifiPalm provided to the Customer upon making a Booking.

(u)    Site means the website found at http://www.wifipalm.com.

(v)     Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(w)    Term means the duration of the hiring period for a WifiPalm as booked by the Customer, which shall not be less than 24 hours, subject to extension by the Customer.

(x)      WifiPalm means a “WifiPalm” wireless modem supplied by the Company and hired by the Customer.

(y)      WifiPalm Outlet means any location where a Customer is able to collect the WifiPalm upon making a Booking.

  1. USING WIFIPALM

2.1    General

(a)   The Company supplies the WifiPalm for Customers to connect a Device to the internet. For clarity, the Company is not an ISP.

(b)   To start using WifiPalm, users must make a Booking and collect the WifiPalm at a WifiPalm Outlet at the commencement of the Term.

(c)    Upon collection of the WifiPalm, the Company will provide the Customer with the User Guide. The Company provides the Customer with ongoing support to assist with the use of WifiPalm.

(d)   The Customer agrees that all use of WifiPalm is subject to this Agreement.

2.2    Making a Booking

(a) Any person over the age of 18 years old can make a Booking, whether online via the Site or in person via a WifiPalm Outlet. The Customer should seek to make a Booking in advance to ensure the availability of a WifiPalm for their desired dates of use.

(b)  When making a Booking, the Customer must:

i   Provide accurate and complete contact details;

ii   Provide credit card details;

iii  If made online, designate the location for pick up of the WifiPalm;

iv  Designate the intended drop off location at the end of the Term;

v   List the countries in which they intend to use the WifiPalm;

vi   Specify the Term;

vii   Pay the Deposit; and

viii   Pay the Hiring Fee.

(c)    Once a Booking is complete, the Customer will receive documents confirming their Booking via email or in person, as the case may be.

2.3    Changing a Booking

(a)   At any time before the end of the Term, the Customer may change the drop off location and/or extend the Term, subject to the approval of the Company. In order to make the necessary arrangements, the Customer should contact the Company as soon as practicable.

(b)   In the event that the Company approves an extension of the Term, additional fees will apply in accordance with 3.1(c).

2.4    Cancelling a Booking

(a)   The Customer may cancel a Booking no less than 48 hours prior to the scheduled commencement of the Term without penalty or charge.

(b)   In the event that the Customer cancels a Booking with less than 48 hours notice, the Cancellation Fee will apply. The Company shall have the right to waive any Cancellation Fee in its absolute discretion.

2.5    Reasonable Care

(a)   The Customer agrees to take all reasonable care to ensure that the WifiPalm is not damaged, lost or stolen. In such circumstances, the Customer must notify the Company immediately.

(b)   The Customer agrees to only use the WifiPalm in accordance with the User Guide and shall not do any of the following:

i    Make repairs or modifications to the WifiPalm, or alter in any way;

ii   Remove or interfere with any certification markers affixed onto the WifiPalm;

iii  Dispose of the WifiPalm;

iv  Allow for unsupervised use of the WifiPalm by any unrelated third party;

v   Grant any interest in the WifiPalm to any third party (such as purport to sell, lease, rent etc); and

vi   Use the WifiPalm for any illegal purpose.

2.6    Data Usage

(a)   The Customer’s use of the WifiPalm will be subject to the Data Limit.

(b)   In the event that the Customer exceeds the Data Limit, the Company shall have the right to slow, suspend or terminate the Customer’s internet connection.

(c)   The Customer agrees that the Company shall not be responsible or liable in any way for:

i      Inability to use the WifiPalm in the event of 2.6(b);

ii     Loss of Customer Data in the event of 2.6(b).

2.7    Coverage

(a)   The Customer acknowledges that the internet connection via the WifiPalm may be temporarily interrupted, delayed or otherwise limited due to a variety of causes, including (without limitation):

i     The geographical position of the Customer (for example rural, uninhabited, underground or similar locations);

ii    Transmission limitations or interruptions;

iii    System capacity limitations;

iv    Network coverage; or

v    Equipment failure.

(b)   The Customer is responsible for checking with the local ISP on the network coverage to confirm that the network coverage is available in the desired geographical location.

2.8    Fair Usage Policy

(a)   The Customer uses the WifiPalm subject to an ISP’s Fair Usage Policy.

(b)   Fair Usage Policy is a set of rules imposed by ISP’s to ensure the availability of their service and that it is used in a reasonable manner, which varies from provider to provider. When the fair usage has reached its limit, the connection speed, in some countries, may be reduced by the local carrier. The Company shall not refund any fees in the event where the Customer experiences connection issues that result from excessive data usage.

 

  1. FEES

3.1    Rental/Hiring Fee.

(a)    The primary fee to use the WifiPalm shall be the Hiring Fee. For clarity, the Hiring Fee is only calculated on a per day basis and all partial days will be treated as full days.

(b)    The Customer agrees to provide a credit card when making a Booking, which will be charged the Hiring Fee in advance for the whole Term. The provision of a credit card shall act as representation that the Customer is authorised to make charges on such account.

(c)     In the event that the Customer extends the Term, they authorise the Company to charge the Customer’s credit card for the extra fees for each additional day as per the Daily Rate.

(d)    The Company may provide credits, promotions or other incentives to some or all of its Customers from time-to-time in its absolute discretion.

3.2    Late Return Fee.

(a)    In the event that a WifiPalm is not returned on the final day of the Term (unless otherwise extended), the Company shall have the right to continue to charge the Customer the Daily Rate for each day late until drop off is made.

(b)    If the Customer anticipates that the return of the WifiPalm will not be made on time, they should notify the Company immediately.

(c)    The Company shall have the right to waive any late return fees in its absolute discretion.

3.3    Security Deposit.

(a)    The Customer agrees to pay the Deposit at the time of making the Booking in case of any damage or loss of the WifiPalm during the Term.

(b)    In exchange for payment of the Deposit (whether by credit card or cash), the Company must provide the Customer with a written receipt.

(c)    The following rules shall apply to Deposits:

i       If the WifiPalm is returned in good working condition, the Customer shall be repaid the full Deposit immediately;

ii      If the WifiPalm is not returned in good working condition (even if discovered only after the time of return), the Company shall have the right to retain a portion of the Deposit equal to the reasonable cost of repair or replacement; or

iii      If the WifiPalm is not returned (eg lost or stolen), the Company shall have the right to keep the full Deposit as compensation.

3.4    Currency.

All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).

3.5    GST.

For Customers in Australia, GST is applicable to any Fees charged by the Company to the Customer. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.

3.6    Refunds.

(a)    All refunds will be at the Company’s absolute discretion, unless required by law.

(b)    In any event if the Customer experiences any difficulty with the use of the WifiPalm during the Term, the Customer must notify the Company immediately in order to qualify for any possible refund.

(c)     Where the Customer returns the WifiPalm before the expiry of the Term, no refunds are applicable.

 

  1. CUSTOMER DATA

4.0    Data

4.1           The Company recognises the important nature of the data transmitted via WifiPalm. The Company will treat all Customer Data confidentially.

4.2           The Company obtains no right, title or interest in Customer Data including any Intellectual Property found within it.

4.3           The Company accepts no liability for the content of Customer Data.

4.4           The Customer is responsible for the accuracy, quality and legality of any content uploaded by the Customer, and the Customer’s acquisition of it, and the Customers that create, access and/or use Customer Data.

4.5           The Company shall not access, use, modify or otherwise deal with Customer Data except where required by compulsion of law or upon the Customer’s authority (such as to provide support for use of the WifiPalm).

 

  1. GENERAL CONDITIONS

5.1    Ownership

The WifiPalm shall remain the property of the Company at all times. The Customer has no rights other than renting the WifiPalm for temporary use during the Term. During the Term, no service or part replacements to the WifiPalm is allowed without the written consent of the Company.

5.2    Support

(a)   The Company provides user support for WifiPalm via the email address support@wifipalm.com.au

(b)   The Company shall endeavour to respond to all support requests within 1 Business Days.

(c)    The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.

5.3    Use & Availability

(a)   The Customer agrees that it shall only use the WifiPalm for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

(b)    The Customer agrees that the Company shall provide access to the WifiPalm to the best of its abilities, however:

i     Access to the WifiPalm may be prevented by issues outside of its control; and

ii    It accepts no responsibility for ongoing access to the WifiPalm.

(c)    If the Customer has any issues with the use of the WifiPalm (including troubles connecting a Device to the internet), they should notify the Company immediately in attempt to resolve the issue.

5.4    Privacy

(a)    The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Customers.

(b)    The Site may use cookies (a small tracking code in your browser) to improve a Customer’s experience while browsing, while also sending browsing information back to the Company. The Customer may manage how it handles cookies in its own browser settings.

5.5    Data

(a)    Security.  The Company takes the security of WifiPalm and the privacy of its Customers very seriously.  The Customer agrees that the Customer shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them. The Customer acknowledges that the Company cannot guarantee the security of Customer Data transmitted via WifiPalm.

(b)    Transmission.  The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the Customer to ensure that any transmission standards meet the Customer’s operating and legal requirements.

(c)     Storage. Data that is stored by the Company shall be stored according to accepted industry standards.

5.6    Intellectual Property

(a)    Trademarks. The Company has moral, unregistered and registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

(b)    Proprietary Information.  The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The Customer warrants that it shall not infringe on any third-party rights through the use of a WifiPalm.

(c)     Content.  All content (with the exception of Customer Data) remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, aggregations, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to the WifiPalm.

5.7    Disclaimer of Third Party Services & Information

(a)    The Customer acknowledges that WifiPalm has dependencies on third-party services, such as telecommunication services.

(b)    The Customer agrees that the Company shall not be responsible or liable in any way for:

i       Interruptions to the availability of the WifiPalm due to third-party services; or

ii      Information contained on any linked third party website.

5.8    Liability & Indemnity

(a)   The Customer agrees that it uses WifiPalm at its own risk.

(b)   The Company warrants that the WifiPalm itself, and not its data connection, will be in good working condition at the time of delivery to the Customer.

(c)   The Customer acknowledges that the Company is not responsible for the conduct or activities of any Customer and that the Company is not liable for such under any circumstances.

(d)    The Company makes no other warranties, guarantees or representations, either express or implied, regarding any matter, including but not limited, to the merchantability, accuracy, reliability, condition or fitness for a particular purpose of WifiPalm or services furnished under this Agreement. The Company does not represent the use of the WifiPalm by the Customer will be secure, timely, uninterrupted or error free or that the services will meet the requirements of the Customer or that the system that makes the services available will be free of viruses or other harmful components

(e)    The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with WifiPalm, including any breach by the Customer of these Terms.

(f)     The Company will, in no circumstances, be liable for nor shall the Customer make any claim against the Company for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by WifiPalm or the failure of WifiPalm to operate correctly or at all, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.

(g)    Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

i    The re-supply of services or payment of the cost of re-supply of services; or

ii   The replacement or repair of goods or payment of the cost of replacement or repair.

5.9    Termination

(a)    Any disputes that arise in connection with this Agreement shall be handled using the following process:

i     Negotiation.  If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;

ii     Mediation.  If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause (a), the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution; and

iii     Court proceedings.  A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause 5.10 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

(b)    Despite the existence of a dispute, the parties must continue to perform their respective obligations under this Agreement and any related agreements.

5.11    Electronic Communication, Amendment & Assignment

(a)    The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement.  The Company will notify the Customer of a change of details from time-to-time.

(b)     The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.

(c)      A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

(d)     Notices must be sent to the parties’ most recent known contact details.

(e)     The Customer may not assign or otherwise create an interest in this Agreement.

(f)      The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the Customer.

5.12    General

(a)    Electronic Contracting. The parties acknowledge that this Agreement can be entered into electronically and the parties intend to be bound by any electronic acceptance or execution of this Agreement.

(b)    Special Conditions. The parties may agree to any special conditions to this Agreement in writing.

(c)     Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any other Agreement between the Company and the Customer, or any special conditions made under this Agreement, as relevant, the terms of those other agreements or special conditions shall prevail.

(d)     Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

(e)       Relationship.  The relationship of the parties to this Agreement does not form a joint venture or partnership.

(f)        Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

(g)       Governing Law.  This Agreement is governed by the laws of Victoria, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

(h)       Severability.  Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

(i)        Interpretation. The following rules apply unless the context requires otherwise:

i                 Headings are only for convenience and do not affect interpretation.

ii                The singular includes the plural and the opposite also applies.

iii               If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

iv              A reference to a clause refers to clauses in this Agreement.

v               A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.

vi              Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

vii             A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

viii            A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

ix              A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

 

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