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Terms & Conditions - Stallholder

These Terms and Conditions ("Terms") govern your use of our car market located at 6 Reliance Drive, Tuggerah NSW 2259 ("Car Market"), as well as any other car market sites that we may operate from time to time. These Terms form a binding contractual agreement between you (the user of the Car Markets), and us (Central Coast Car Market Pty Ltd), and must be read in conjunction with all other terms and conditions and policies that are provided by us from time to time.

OPERATIVE PART

1. Using the Car Markets

1.1 You acknowledge and agree that the following applies:

  (a) you must comply with any policies or procedures as determined by us from time to time, in exchange for our agreement that any such policies or procedures will be reasonably necessary to ensure the Car Markets operate in the best possible manner;
(b) you must comply with any policies, procedures or directions that are imposed by the relevant local government authority from time to time;
(c) you must comply with all reasonable directions given by representatives of the Car Market from time to time;
(d) you must not leave any litter or other rubbish at the Car Markets;
(e) you must not cause any damage or interference to the venue for the Car Markets, or any property or vehicles owned by other participants in the Car Markets;
(f) you must report any damage or interference to the venue or other property that you become aware of, whether caused by you or not, to us as soon as possible after you become aware of it;
(g) you must not knowingly commit any action or failure to act which may prejudice the payment of any insurance claim in respect to the Car Marketsts;
(h) you must not display any signs, pictures, notices or advertisements on any part of the venue for the Car Markets, unless expressly permitted by us;
(i) you must not engage in any disorderly or improper conduct, or commit any act or omission which may injure or prejudice the reputation of the Car Markets;
(j) we reserve the right to cancel the car markets at our discretion, including but not limited to in circumstances where there are severe weather conditions or other risks to safety; and
(k) the Site will not operate on a continuous basis, and may be unavailable from time to time.

2. Stallholder Requirements

2.1 You acknowledge and agree that the following applies:

  (a) you must not sell any food or drink items that may be consumed within the venue for the Car Markets. For the avoidance of doubt, you are permitted to sell food items that are intended to be taken home by customers, including but not limited to eggs, fresh produce and condiments;
(b) you must maintain public liability insurance of at least $20 million during the term of these Terms and any holding over period;
(c) you must be responsible for the repair of any damage causes by you or
(d) you must provide us with any information reasonably required by us from time to time;
(e) you must enter the Car Market to set up your stall during the times directed by us, and you must have your stall removed from the Car Market by the times directed by us;
(f) you must pay the stallholder fee, as determined by us from time to time, as a precondition for operating a stall at the Car Markets;
(g) the payment of the stallholder fee allows you to operate a stall at the bi-monthly Car Markets operated by us, which are located at 6 Reliance Drive, Tuggerah NSW 2259 or such other location as determined by us from time to time. The number of Car Markets that you are permitted to operate a stall at depends on the advertising fee paid and the package selected at the time of payment;
(h) you must not assign or transfer your rights as stallholder.

3. Liability

3.1 To the full extent permitted by law, we exclude all liability in respect of any direct, consequential or incidental damages. Unless otherwise excluded by law, you agree to indemnify us, and keep us indemnified, from and against all claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever which may be incurred directly or indirectly by us by reason of or in relation to the Car Markets, including but not limited to claims arising out of or in connection with the following:

  (a) any accident, damage or injury to property at, or in connection with, the Car Market;
(b) any loss of property occurring at the Car Market;
(c) any accident, damage, injury or death suffered by any person, or any accident, damage or loss to the property of any person, at or in connection with the Car Market;
(d) any insurance policy being rendered void or voidable, or being subject to an increase in premium;
(e) the exercise by us of any of our rights under these Terms, or any associated terms and conditions or policies;
(f) any negligent act or omission by any other participant in the Car Market that causes any accident, loss, damage, injury or death to you or your property.

3.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

3.3 These Terms are to be read subject to any legislation, including the Australian Consumer Law, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  (a) in the case of goods:
        (i)    the replacement of the goods or the supply of equivalent goods;
        (ii)    the repair of the goods;
        (iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        (iv)    the payment of having the goods repaired, and
(b) in the case of services:
        (i)    the supply of the services again; or
        (ii)    the payment of the cost of having the services supplied again.

3.4 To the fullest extent permitted by law, you agree to indemnify us against any liability, loss, claim or demand if we (or any of our officers, representatives, employees or agents) suffer any loss or damage or incurs any cost in connection with a breach by you(or any of your officers, representatives, employees or agents) of these Terms.

4. Termination

4.1 These Terms terminate automatically if, for any reason, we cease to operate the Car Markets.

4.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. Upon termination in these circumstances, we will remove your access to the Car Markets and remove any advertisements that you have placed on the Site.

5. General

5.1 In the event that we make any changes to these Terms, we will provide you with thirty (30) days' notice of the new Terms. If you do not agree with the new Terms, you must terminate your use of the Site and the associated car markets within those thirty (30) days.

5.2 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

5.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

5.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

5.5 These Terms governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

5.6 Unless the context requires otherwise, the following rules of interpretation apply in these Terms:

  (a) A reference to a person includes a reference to that person's Executors, Administrators, Successors, Substitute and permitted Assigns.
(b) All obligations and entitlements accepted and given in this Agreement are joint and several.
(c) The word "claim" includes any complaint, action, suit, cause of action, arbitration, demand, verdict, judgment, both at law or in equity or arising out of the provisions of any statute.
(d) The words "in writing" include any mode of representing and reproducing words in tangible and permanently visible form and includes e-mail and facsimile transmissions.
(e) Headings are for ease of reference only and do not form any part of this Agreement.
(f) A grammatical form of a defined word or expression has a corresponding meaning to If any day appointed or specified in these Terms for the payment of money or fulfilling of an obligation falls on a day which is not a business day, the day appointed or specified is deemed to be the next business day.Headings are for ease of reference only and do not form any part of this Agreement.
(h) Any approval, determination, consent or nomination to be given by a party under these Terms must be in writing and signed so as to be binding on that party.
Guy McKanna - Super Recruiters
Community First Credit Union