CityHobo.com
operated by Happy Hobo Pty Ltd
ACN 117 147 823
(Happy Hobo)

Use of this web site is conditional on you agreeing to these terms and conditions.

1                         Acceptance of terms and conditions

1.1                   By using this web site you acknowledge that you have read and agree to be bound by these terms and conditions (and privacy policy contained on this web site) as amended from time to time (Terms and Conditions).

1.2                   Happy Hobo may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be binding on you once displayed on this web site. You agree to be bound by these Terms and Conditions as amended and agree to review the Terms and Conditions before using this web site.

2                         goods and services provided by third parties

2.1                   This web site may contain information about the products and services of third parties (Merchants)[identify where this information is found on the web site].

2.2                   You acknowledge and agree that if goods and services (or information about goods or services) are offered on or through this web site by Merchants:

(a)                   the information published on this web site about those goods or services are provided by the Merchants.  Happy Hobo is not responsible for the information published by Merchants and simply acts as a medium for the publication of the information;

(b)                   Happy Hobo does not act as an agent or broker of the Merchants;

(c)                   Happy Hobo does not act as your agent or broker in relation to goods or services provided by the Merchants;

(d)                   Happy Hobo does not arrange contracts between you and the Merchants;

(e)                   Happy Hobo has no right or power to bind either you or the Merchant in relation to a Merchant’s goods or services;

(f)                     any agreement entered into with a Merchant as a result of your use of this web site is an agreement between the Merchant and you;

(g)                   Happy Hobo does not provide advice to you in relation to the goods and services offered by the Merchants;

(h)                   Happy Hobo does not give any warranties in relation to the goods or services provided by the Merchants and will not be liable to you or any third party for any failure, wrong or default of a Merchant;

(i)                      Happy Hobo will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Merchant; and

(j)                      Happy Hobo takes no responsibility for the content of any Merchant or third party web site that links to or from this web site.

3                         Disclaimer

3.1                   You acknowledge that:

(a)                   Happy Hobo gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this web site (Information);

(b)                   Happy Hobo takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this web site or the Information;

(c)                   you will not rely solely on the Information in determining whether to use the Information or whether to purchase any goods or services of a Merchant or other third party and you will make your own enquiries as to the suitability of the Information, the services provided on this web site and the goods or services provided by Merchants and other third parties;

(d)                   Happy Hobo may, without notice to you, and at any time, modify or discontinue the services offered on this web site;

(e)                   although Happy Hobo will try to ensure that this web site is accessible to users, it does not warrant that users or potential users will have continuous access to this web site. Happy Hobo will not be liable if this web site is unavailable to users or potential users due to:

(i)                      any events caused by Happy Hobo, whether negligent or not; or

(ii)                     any events beyond the control of Happy Hobo, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.

4                         Copyright and Trade Marks

4.1                   Unless otherwise provided, all copyright and trade marks in the material on this web (including the “City Hobo” name) are owned by or licensed to Happy Hobo. Except as permitted by the Copyright Act 1968 (Cth), no part of this web site may be modified or reproduced by any process without the specific written permission of Happy Hobo.

5                         Limitation of Liability

5.1                   To the full extent permitted by law, Happy Hobo, its directors, employees, agents and contractors, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:

(a)                   any use of this web site or of the Information for whatever reason;

(b)                   any goods or services purchased or obtained from this web site; or

(c)                   any transaction entered into through this web site,

whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

5.2                   If any law prohibits the exclusion of such liability, Happy Hobo limits its liability to the extent permitted by the law and at its option:

(a)                   if the breach relates to goods supplied by Happy Hobo:

(i)                      the replacement of the goods or the supply of equivalent goods; or

(ii)                     the repair of such goods;

(iii)                   the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)                   the payment of the cost of having the goods repaired;

(b)                   if the breach relates to services supplied by Happy Hobo:

(i)                      the supplying of the services again; or

(ii)                     the payment of the cost of having the services supplied again;

(c)                   if the breach relates to the supply of Information, to the re-supply of that information.

6                         Governing law

These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts in that State.

7                         Entire Agreement

These Terms and Conditions and the privacy policy on this web site set out the entire agreement and understanding between you and Happy Hobo and supersede all prior agreements, understandings, representations and warranties, whether express or implied.