Terms of Services

PLEASE READ IT CAREFULLY

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS (VEHICLE OWNERS) SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A VEHICLE FOR ADVERTISING.   LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON PROP.

Last Updated: 25/April, 2017

  1. Key Terms

Prop provides an online platform that connects hosts (vehicle owners) who have space on the vehicle to rent with businesses seeking to rent such advertising spaces (collectively, the "Services"), which Services are accessible at www.productplacement.solutions and any other websites through which Prop makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").

If you are using the Site, Application or Services, these Terms of Service are between you and Prop Marketing Pty Ltd in Australia.  (Prop Marketing Pty Ltd to as "Prop", "we", "us", or "our"). "Prop Payments" handle any and all payments and payouts conducted through or in connection with the Site, Application or Services ("Payment Services"). Payment Services provided by Prop Payments are subject to the Payment Terms of Service "Payments Terms"). Payments are made by PayPal.

"Surfaces" means available spaces on vehicles for rent for advertisement.

"Prop Content" means all Content that Prop makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Booking Request Period" means the time period starting from the time when a booking is requested by a business who wishes to advertise on a vehicle (as determined by Prop in its sole discretion), within which a Host (vehicle owner) may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

"Collective Content" means Member Content and Prop Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Business" means a Member who requests from a Host (vehicle owner) a booking of a Listing via the Site, Application or Services, and is not the Host for the associated Listing. A Member who wishes to advertise on a vehicle listed via the Site, Application and Services.

"Host" means a Member who creates a Listing via the Site, Application and Services (vehicle owner or the person who lists the vehicle he/she has the right to use).

"Listing" means a Vehicle that is listed by a Host as available for rental via the Site, Application, and Services.

"Member" means a person who completes Prop's account registration process, including but not limited to Hosts and Business, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Prop promotional campaign to be made available through the Site, Application or Services.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST),) that Hosts may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

  1. Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Prop. Please also read carefully our Privacy Policy. 

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR VEHICLES AND BUSINESSES MAY LEARN ABOUT AND BOOK ADVERTISING SPACES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT PROP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND BUSINESSES, NOR IS PROP AN ADVERTISEMENT BROKER, AGENT OR INSURER. PROP HAS NO CONTROL OVER THE CONDUCT OF HOSTS, BUSINESSES AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ADVERTISING SPACES ON VEHICLES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON PROP, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PROP IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PROP FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF PROP. PROP DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF PROP, INCLUDING BY INAPPROPRIATELY USING ANY PROP INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

  1. Modification

Prop reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

  1. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

For users in the United States, Prop may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Prop's vendors.

  1. How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of Advertising spaces/surfaces on vehicles.. Such Surfaces are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Space/Surface or create a Listing, you must first register to create a Prop Account (defined below).

As stated above, Prop makes available an online platform or marketplace with related technology for Businesses and Hosts to meet online and arrange for bookings of advertisement surfaces on vehicles directly with each other. Prop is not an owner or operator of properties, including, but not limited to any type of vehicles, nor is it a provider of properties, including, but not limited to any type of vehicles, transportation or travel services. Unless explicitly specified otherwise in the Prop platform, Prop's responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND BUSINESSES CONNECTING AND BOOKING ADVERTISING SURFACES/ SPACES ON VEHICLES DIRECTLY WITH EACH OTHER. PROP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ADVERTISING SURFACES ON VEHICLES. PROP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ADVERTISING SURFACES ON VEHICLES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

  1. Account Registration

In order to access certain features of the Site and Application, and to book an Advertisement Surface on Vehicles or create a Listing, you must register to create an account ("Prop Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Prop Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Prop through the Site, Services or Application; or (ii) allowing Prop to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Prop and/or grant Prop access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Prop to pay any fees or making Prop subject to any usage limitations imposed by such third-party service providers. By granting Prop access to any Third-Party Accounts, you understand that Prop will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Prop Account and Prop Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Prop Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Prop's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Prop Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Prop makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Prop is not responsible for any SNS Content.

Your Prop Account and your Prop Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Prop Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Prop reserves the right to suspend or terminate your Prop Account and your access to the Site, Application and Services if you create more than one (1) Prop Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Prop Account, whether or not you have authorized such activities or actions. You will immediately notify Prop of any unauthorized use of your Prop Account.

  1. Advertisment Surface/Space on Vehicle Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Vehicle and your daily route and parking habits to be listed, including, but not limited to, the location, daily parking, night parking, features, and availability of the Surfaces and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Advertisement Surfaces on vehicles must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Business and Host preferences, ratings and/or ease of booking.

Other Members will be able to book your Advertisement Surface on Vehicle via the Site, Application and Services based upon the information provided in your Listing, your  requirements, and Businesses' search parameters and preferences. You understand and agree that once a Business requests a booking of your Advertisement Surface on Vehicle, you may not request the Business to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Business's rent/advertisement at, an Advertisement Surface on Vehicle in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any vehicle included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Prop assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Prop reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.

If you are a Host or Business, you understand and agree that Prop does not act as an insurer or as your contracting agent. If a Business requests a booking of your Advertisement Surface on Vehicle and rents it, any agreement you enter into with such Business is between you and the Business and Prop is not a party to it. PLEASE MAKE SURE THAT THE BUSINESS YOU ENTER INTO AN AGREEMENT WITH IS A TYPE OF BUSINESS YOU ARE HAPPY TO ADVERTISE WITH (EG. YOU DO NOT WANT ANY FAST FOOD ADVERTISEMENT ON YOUR CAR, PLEASE CHECK THE BUSINESS’ PROFILE BEFORE ACCEPTING ITS REQUEST. A FALSE BUSINESS PROFILE GIVES YOU THE RIGHT TO REJECT ITS ADVERTISEMENT. THE ADVERTISEMENT MUST BE ON A MAGNETIC STICKER.)

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Advertisement Surface on Vehicle, such as requiring Members to have a profile picture or verified phone number, in order to book your Surface. Any Member wishing to book Advertisement Surfaces on Vehicles included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.

If you are a Host, Prop makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Advertisement Surface on Vehicle. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions. 

Prop recommends that Hosts obtain appropriate insurance for their Vehicles. Please review any insurance policy that you may have for your Vehicle carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Business while renting your Surface.

Prop allows you to take and upload pictures of your vehicle only by using your camera on the phone. It is necessary as a verification process. You are unable to upload pictures from your photo gallery. Prop wants to make sure that the pictures are accurate. The Host is responsible to take real and accurate pictures of the vehicle.

  1. No Endorsement

Prop does not endorse any Member, Listing or Accommodation. You understand that Images are intended only to indicate a photographic representation of the Vehicle at the time the photograph was taken. Images are therefore not an endorsement by Prop of any Member, Listing or Advertisement Surface on Vehicle.

Members are required by these Terms to provide accurate information. Although Prop may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Prop about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to advertise with a Host or to accept or preapprove a booking request from a Business, or to have any other interaction with any other Member

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Prop with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Prop regarding the remittance of payments received from a Business by Prop on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

  1. Bookings and Financial Terms
    1. Key definitions

"Fees" means the amounts that are due and payable by a Business in exchange for that the Business’ advertisement (on a magnetic sticker) is placed on the selected vehicle’s selected part.. The Host alone, and not Prop, is responsible for the Fees for his or her Listing. 

"Business Fees" means the fee that Prop charges a Business for the use of the Services, which is calculated as a percentage of the applicable Fees. The Business Fees will be displayed to the Business when the Business is asked whether to send a booking request to a Host.

"Host Fees" means the fee that Prop charges a Host for the use of the Services, which is calculated as a percentage of the applicable Fees. 

"Payment Method" means a payment method that you have added to your Prop Account, such as PayPal.

"Service Fees" means collectively the Business Fees and the Host Fees.

    1. Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Advertisement Surface on Vehicle via the Site, Application or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Business who has requested the booking, (ii) a link to the Business's Prop Account profile page, (iii) if the Business and Host have both connected their Prop accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Business has provided other information to Prop, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Prop (via Prop Payments) for the requested booking will be refunded to the applicable Business. When you confirm a booking requested by a Business, Prop will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Prop Payments will collect the Fees from Guests at the time of the booking request or upon the Host's confirmation and will initiate payment of the Fees (less applicable fees and taxes) to the Host in most cases within 24 hours of the scheduled check-in time of the Business’ advertisement (except to the extent that a refund is due to the Business) and as further described in the Payment Terms..

Each Host agrees that Prop may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Business to cancel the booking and (ii) refund (via Prop Payments) to the Business that portion of the Fees specified in the applicable cancellation policy.

    1. Bookings and Financial Terms for Guests

The  Hosts, not Prop, are solely responsible for honoring any confirmed bookings and making available any Advertisement Surface on Vehicle reserved through the Site, Application and Services. If you, as a Business, choose to enter into a transaction with a Host for the booking of an Advertisement Surface on Vehicle, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Advertisement Surface on Vehicler imposed by the Host. You acknowledge and agree that you, and not Prop, will be responsible for performing the obligations of any such agreements, that Prop is not a party to such agreements, and that, with the exception of Prop Payments' obligations pursuant to the Payment Terms, Prop disclaims all liability arising from or related to any such agreements.

The Total Fees payable will be displayed to a Business before the Business sends a booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Prop Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payment Terms.. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Prop Payments will be refunded to such Business, depending on the selections the Business makes via the Site and Application, and any pre-authorization of such Business's Payment Method will be released, if applicable.

You as a Business agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Prop Account. Prop Payments will collect the Total Fees pursuant to the Payment Terms.

Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

    1. Service Fees and Other Fees

In consideration for the use of Prop's online marketplace and platform, Prop charges Service Fees. Prop Payments collects these Service Fees pursuant to the Payment Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Business Fees. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.

    1. General Booking and Financial Terms

Cancellations and Refunds

If, as a Business, you wish to cancel a confirmed booking made via the Site, Application and Services, you must do so 21 BUSINESS DAYS prior to the booking in order to receive a refund. Our ability to refund the Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Business Fee is non-refundable due pursuant to the Payment Terms.

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Prop Payments will refund the Total Fees for such booking to the applicable Business pursuant to the Payment Terms and (ii) the Business will receive an email or other communication from Prop containing alternative Listings and other related information. If the Business requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Business's requested booking, then the Business agrees to pay Prop the Total Fees relating to the confirmed booking for the Advertisement Surface on Vehicle in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Business, have not received an email or other communication from Prop, please contact Prop or look at our Listings.

If, as a Host, you cancel a confirmed booking, you agree that Prop may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Prop may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services.  Prop may also determine, in its sole discretion, to refund to the Business part or all of the amounts charged to the Business in accordance with the Refund Policy. You agree that Prop and the relevant Business or Host will not have any liability for such cancellations or refunds.

Rounding Off

Prop may, in its sole discretion, round up or round down amounts that are payable from or to Business or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Prop will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Prop may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Prop to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Booking Modifications

You as a Business or Host are responsible for any modifications to a booking that you direct Prop Customer Service to make ("Booking Modifications"), and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

  1. Taxes 

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both.  You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. 

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. PROP cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Host, Prop may issue a valid VAT invoice to such Host.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Advertisement Surface on Vehicle is located may require Taxes to be collected from Business or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Fees set by Hosts, a set amount per week, or other variations .PLEASE MAKE SURE THAT YOU PAY ALL YOUR TAXES. TAXES MAY VARY DEPENDING ON YOUR RESIDANCE. PLEASE CHECK WHAT LICENCES YOU HAVE TO OBTAIN AND WHAT TAXES YOU MUST PAY.

 

 

  1. Foreign Currency

Prop's online platform facilitates bookings between Businesses and Hosts who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Prop platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

 

  1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
    • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
    • access or use our Site, Application, Services or the Prop API to use, expose, or allow to be used or exposed, any Prop Content: (i) that is not publicly displayed by Prop in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Prop Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Prop's users or any other third party;
    • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Prop endorsement, partnership or otherwise misleads others as to your affiliation with Prop;
    • dilute, tarnish or otherwise harm the Prop brand in any way, including through unauthorized use of Collective Content, registering and/or using Prop or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Prop domains, trademarks, taglines, promotional campaigns or Collective Content
    • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • infringe the rights of Prop or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
    • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
    • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Prop Business or Host;
    • offer, as a Host, any Advertisement Surface on Vehicle that you do not yourself own or have permission to rent (e.g. rented car has a policy not to place any ads on the side)
    • register for more than one Prop Account or register for an Prop Account on behalf of an individual other than yourself;
    • contact another Member for any purpose other than asking a question related to a Booking, Listing, or the Member's use of the Site, Application and Services;
    • recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Prop, without Prop's prior written approval;
    • recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
    • use the Site, Application, Services or Collective Content to find a Host or Business and then complete a booking of an Advertisement Surface on Vehicle independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Prop's provision of the Services or for any other reasons;
    • as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
    • violate these Terms ;
    • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
    • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Prop's name, any Prop trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Airbnb's express written consent;
    • access, tamper with, or use non-public areas of the Site, Application or Services, Prop's computer systems, or the technical delivery systems of Prop's providers;
    • attempt to probe, scan, or test the vulnerability of any Prop system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Prop or any of Prop's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
    • advocate, encourage, or assist any third party in doing any of the foregoing; or
    • accept or make a payment for Fees outside Prop Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Prop harmless from any liability for such payment.

Prop has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Prop may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Prop Account, for a violation of this Section or these Terms.

Prop may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Prop or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms  (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Prop, its users, or members of the public. You acknowledge that Prop has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Prop reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Prop, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect they mislead you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Prop by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  1. Privacy

You agree that Prop's Privacy policy (as may be updated from time to time) governs Prop's collection and use of your personal information.

  1. Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Prop and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Prop used on or in connection with the Site, Application, Services, and Prop Content are trademarks or registered trademarks of Prop in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Prop Content are used for identification purposes only and may be the property of their respective owners. As a Host, Business, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, 

  1. Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Prop ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

  1. Application License

Subject to your compliance with these Terms, Prop grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Prop reserves all rights in the Application not expressly granted to you by these Terms.

  1. Prop Content and Member Content License

 Prop grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Prop Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Prop or its licensors, except for the licenses and rights expressly granted in these Terms.

  1. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Prop promotional campaigns, you hereby grant to Prop a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Prop does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Prop promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Prop promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Prop the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Prop's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Prop promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Prop is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Prop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Prop platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Prop and you hereby irrevocably assign to Prop and agree to irrevocably assign to Prop all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Prop's request and expense, you will execute documents and take such further acts as Prop may reasonably request to assist Prop to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

 

  1. Copyright Policy

Prop respects copyright law and expects its users to do the same. It is Prop's policy to terminate in appropriate circumstances the Prop Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Prop's Copyright Policy for further information.

  1. Term and Termination, Suspension and Other Measures
    1. Term

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Prop terminate the Agreement as described below.

    1. Termination for convenience

You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Prop Account as a Host, any confirmed bookings will be automatically cancelled and the Business who requested booking will receive a full refund. If you cancel your Prop Account as a Business, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, Prop may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

    1. Termination for breach, suspension and other measures

Prop may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Prop Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Prop believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Prop or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In addition Prop may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Prop Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Prop Account, or temporarily or permanently suspend your Prop Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Business, or (ii) Prop believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Prop or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In case of non-material breaches and where appropriate, you will be given notice of any measure by Prop and an opportunity to resolve the issue to Prop's reasonable satisfaction.

 

    1. Consequences

If we take any of the measures described above we may (i) communicate to your Business or Hosts that a pending or confirmed booking has been cancelled, (ii) refund your Business in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, (iii) support your Business, on an exceptional basis, in finding potential alternative Advertisement Surface on Vehicle, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.

If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Prop Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Prop Account has been suspended or this Agreement has been terminated by us, you may not register a new Prop Account or attempt to access and use the Site, Application and Services through other Prop Accounts.

    1. Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

  1. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PROP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, BUSINESSES AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PROP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RISING PROFIT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PROP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ADVERTISEMENT SURFACE ON VEHICLE, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PROP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ADVERTISEMENT SURFACE ON VEHICLES, HOSTS, BUSINESSES, MAGNETIC STICKERS, ADVERTISEMENT DISPLAYED ON MAGNETIC STICKETRS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR BUSINESS. YOU UNDERSTAND THAT PROP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VEHICLE OR ADVERTISEMENT DISPLYED ON MAGNETIC STICKERS. PROP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BUSINESSES AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PROP. PROP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BUSINESS OR OTHER THIRD PARTY. BUSINESSES ARE ALLOWED TO USE ONLY MAGNETIC STICKERS FOR ADVERTISEMENT. ADVERTISEMENTS ON MAGNETIC STICKERS MUST COMPLY WITH THE LAWS. BUSINESSES MUST ARRANGE THE TRANSPORT OR SHIPMENT OF THE MAGNETIC STICKERS WITH THE HOST VIA POST OR ANY OTHER WAY. PROP DOES NOT TAKE ANY RESPONSIBILITY FOR DELAYED SHIPMENT OR MISSING MAGNETIC STICKERS. PROP DOES NOT GIVE ANY ADVICE ON HOW TO TRANSPORT THE MAGNETIC STICKERS OR WHERE TO GET THEM DONE.

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ADVERTISEMENT SURFACES ON VEHICLES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PROP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PROP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ADVERTISEMENT SURFACE ON VEHICLE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  1. Indemnification

You agree to release, defend, indemnify, and hold Prop and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Advertisement Surface on Vehicle, or (iii) creation of a Listing; (d) the use, condition or rental of an Advertisement Surface on Vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Advertisement Surface on Vehicle

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Australia law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. 

  1. Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

    • You acknowledge and agree that (i) these Terms are concluded between you and Prop only, and not Apple, and (ii) Prop, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
    • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
    • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Prop and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Prop.
    • You and Prop acknowledge that, as between Prop and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • You and Prop acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Prop and Apple, Prop, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
    • You and Prop acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
    • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

  1. Entire Agreement

Except as they may be supplemented by additional Prop policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Prop and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Advertisement Surface on Vehicle made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Prop and you regarding bookings or listings of Advertisement Surface on Vehicle, the Site, Application, Services, and Collective Content (excluding Payment Services).

  1. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Props prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Prop may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Prop (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  1. Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of NSW, Australia, without regard to its conflict-of-law provisions. 

General

The failure of Prop to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prop. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

  1. Contacting Prop

If you have any questions about these Terms or any App Store Sourced Application, please contact Prop.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A VEHICLE OR ACCEPTING A BOOKING. BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON PROP.

Last Updated: 25/April, 2017

TERMS OF SERVICE

If you are using the Site, Application or Services, you are contracting with Prop Marketing Pty Ltd with respect to use of the Prop Site, Application or Services, and with Prop Payments,. with respect to any payments or payouts from or to you conducted through the Site, Application or Services.

Prop provides an online platform that connects hosts who have advertisement surfaces on vehicles to rent with businesses seeking to rent such surfaces for advertisement displayed on magnetic stickers (collectively, the "Services"), which Services are accessible at http://www.productplacement.solutions and any other websites through which Prop makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Prop. Please also read carefully our Privacy Policy.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

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