1. Acorn Rentals (Acorn) provides its Rental Management System (Acorn RMS) through its website to Registered Users. Registered Users will receive a Username and Password from Acorn RMS. Only Registered Users have permission to access this site. Persons and organisations can become registered users through the following two methods: (a) Applying at the Acorn RMS website to become a Registered User; or (b) Receiving an invitation from Acorn Rentals to become a Registered User, and choosing to accept this invitation by logging into their pre-activated account at the Acorn RMS website.
2. Where you are a Registered User, these terms and conditions below will govern your use of this site. Your access to this site constitutes your acceptance of all the terms and conditions outlined below. Acorn Rentals reserves the right to update these terms and conditions from time to time, and undertakes to list the date that the terms and conditions were last varied or amended.
3. You accept that use of your personal information, and that of your customers, may be required in order for Acorn RMS to provide you with rental management services. You agree to accept our separate Privacy Policy. You agree that where there is a conflict between these terms and conditions and the separate Privacy Policy, then these terms and conditions will prevail.
4. Where you are an individual person, using the Acorn RMS on behalf of an employer, business, company, or government organisation; where you are an employee, contractor, service provider, affiliate, or owner, of the relevant employer, business, company, or government organisation; then you warrant that the relevant employer, business, company, or government organisation has authorised you to use the Acorn RMS on its behalf, and to view the confidential information of the relevant employer, business, company, or government organisation in the course of accessing and using the Acorn RMS.
5. You agree that if you cease being an employee, contractor, service provider, affiliate, or owner, of the relevant employer, business, company, or government organisation referred to in Clause 4 above, then you agree not to access the Acorn RMS account of the relevant employer, business, company, or government organisation. If you access the Acorn RMS in breach of Clause 5, then you will solely responsible for any consequent loss or damage, and Acorn will not be held responsible for such loss or damage.
6. You agree not to disclose your username and/or password to any third party. If you become aware, or believe, that your username and/or password have been obtained by a third party, you agree to contact Acorn Rentals immediately to have your username and password either reset or deactivated.
7. You agree that your access to the Acorn RMS, and your use of the Acorn RMS service is at your own risk. Acorn Rentals does not warrant that the Acorn RMS will be continuously available. Any material or data that you download from the Acorn RMS site is done at your sole discretion and risk. Acorn Rentals will not accept any responsibility for any consequential loss caused by accessing the Acorn RMS site.
8. You accept by using the Acorn RMS site that you are waiving any claims with respect to this use, whether these are based on contractual, tort, or other grounds. You will not make any claim for any type of loss, including those based on service interruptions, file deletion, computer virus, or communication line failure.
9. You agree that Acorn Rentals can send notices and communications to you via email to the email address that you provided when registering with the Acorn RMS. You agree that any such notices will be effective when they are sent. You also agree that Acorn Rentals can provide notices to you by posting such notices on the Acorn RMS website, and that any such notices shall be effective when they are posted on the Acorn RMS website.
10. All materials on the Acorn RMS website are protected as the copyrights, trademarks, and/or other intellectual property owned by Acorn RMS and/or its suppliers, content providers, affiliates, and licensors. You agree that you will not distribute, publish, modify, or display the contents of the Acorn RMS website without the express written consent of Acorn Rentals. If you make any unauthorised use of the Acorn RMS content, then you agree to indemnify and defend Acorn Rentals for any unauthorised use of the Acorn RMS website content.
11. You agree that you will keep confidential the rental rates that are quoted in the Acorn RMS. You will not communicate these rates to any person or entity outside your employing organisation. Any record that you make of the rental rates listed in the Acorn RMS must be stored securely by yourself and by your employing organisation. You warrant that if you provide the rental rates to another employee or contractor within your employing organisation, then they will be bound by the terms of this Clause 11. You agree that you are liable for any breach of this Clause by another person to whom you have provided the rental rates, whether these are provided verbally or in writing.
12. You agree that any dispute regarding these terms and conditions will be subject to the exclusive jurisdiction of the courts and laws of the state of New South Wales in Australia. You agree not to commence any action in any other jurisdiction. If any of these terms is held by a court of competent jurisdiction to be contrary to law, then all other terms and conditions will remain in full force and effect.
13. You can contact Acorn Rentals regarding the interpretation of these terms and conditions through the following avenues: