Introduction
Welcome to SimZilla, a premier online marketplace dedicated to the sharing and booking of gaming simulators. Our platform connects owners of racing, flight, golf, and other simulators with individuals seeking to rent these setups for both entertainment and professional training purposes. By accessing our website, located at www.simzilla.com, or using our services, you agree to be bound by these Terms and Conditions (the "Terms"). These Terms govern your use of the SimZilla platform and services provided by HIFI GOD PTY LTD ABN: 67 648 952 729 herein referred to as "SimZilla," "we," "us," or "our."
Definitions
For the purposes of these Terms:
- "User" refers to any individual or entity who accesses or uses our platform, whether as a guest, registered user, or simulator owner.
- "Service" encompasses all functionality, applications, information, and services provided by SimZilla through our website or any other digital medium.
- "Simulator" means any gaming setup, including but not limited to racing, flight, and golf simulators, listed on the platform for rent.
- "Content" includes all text, graphics, images, music, software, audio, video, information, or other materials available through the Service.
- "Listing" refers to a Simulator that is listed by a User on the platform for rent.
Eligibility
To access or use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. By agreeing to these Terms, you represent and warrant that you are of legal age and have the capacity to enter into a binding contract. SimZilla may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
Service Description
SimZilla offers a platform for Users to list and rent gaming simulators. We facilitate transactions between simulator owners and renters, handling payments and providing a secure environment for both parties to conduct business. Our Service includes, but is not limited to, listing creation, booking management, payment processing, and user verification.
User Obligations
As a User of SimZilla, you agree to:
- Provide accurate, current, and complete information about yourself and any Listings you post.
- Maintain the security of your account, including your password.
- We try our best to comply with all relevant national and international laws and regulations applicable to your use of the Service, including those related to copyright, privacy, and export control.
- Use the Service only for lawful purposes and in accordance with these Terms.
- Not use the Service to transmit any Content that is illegal, offensive, defamatory, pornographic, harassing, or otherwise objectionable.
- Hosts and guests are prohibited from making private arrangements to bypass SimZilla's booking and payment processes.
Simulator Listings
Users wishing to list a Simulator must:
- Provide complete and accurate information about the Simulator, including but not limited to its condition, features, and availability.
- Ensure the Simulator meets all applicable safety and compliance standards. SimZilla takes no responsibility for simulator safety or legal compliance.Set a fair and reasonable price for the use of the Simulator.
- Not engage in any behavior that would constitute a misrepresentation of their Simulator or unfair competition.
Bookings and Financial Terms
- Bookings: Users can book Simulators through the platform by following the process outlined on SimZilla. All bookings are subject to acceptance by the Listing owner.
- Pricing and Fees: Prices for Listings are determined by the Listing owner. SimZilla charges a 10% service fee to guests and a 3% service charge to hosts on each transaction.
- Taxes: Users are responsible for all taxes (such as VAT or sales tax) associated with the services provided.
Cancellation, Refund, and No-Show Policies
The specific terms of our cancellation, refund, and no-show policies are outlined in a separate Refund Policy document. These policies form an integral part of these Terms and are incorporated herein by reference. Users are encouraged to review the Refund Policy in detail before making or accepting a booking.
User Conduct and Responsibilities
Users are expected to conduct themselves in a respectful and lawful manner while using the SimZilla platform. This includes, but is not limited to, refraining from any form of harassment, abuse, or conduct that could be considered discriminatory or offensive. Users are responsible for all activity that occurs under their account and must report any unauthorized use of their account to SimZilla immediately. Any breach of this conduct may result in termination of the account and access to the Service.
Content Use and Intellectual Property
By posting Content to SimZilla, Users grant SimZilla a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed. This license includes the right for SimZilla to make such Content available to other companies, organizations, or individuals who partner with SimZilla for the syndication, broadcast, distribution, or publication of such Content on other media and services, without any fee to the Users. This means SimZilla will not pay Users for the Content they submit. Users confirm they have all the rights, power, and authority necessary to grant the rights granted herein to any Content that they submit.
Privacy and Data Protection
SimZilla upholds the privacy and security of our Users' personal information with the highest regard. Our practices for the collection, use, and disclosure of personal information are detailed in our Privacy Policy, which forms an integral part of these Terms by reference. By engaging with the Service, you, the User, agree to the handling of your personal information as described in our Privacy Policy. This includes the collection, use, and, when necessary, the transfer of your information to locations in Australia or other countries for purposes of storage, processing, and utilization by SimZilla. It is our policy to retain sensitive information, such as payment and identification documents, only as long as necessary to fulfill the specific transaction they were collected for. After fulfilling these transactions, we promptly delete this sensitive information to ensure your privacy and security.
Verification and Security
SimZilla implements a verification process for Users and their Listings through the AWS Amazon Rekognition Service or other means to enhance the safety and integrity of the platform. Users agree to submit to such verification processes and acknowledge that SimZilla may, at its discretion, use third-party services to verify User information. While SimZilla takes reasonable steps to verify the identities of Users, it cannot and does not guarantee any User’s identity, background, or the safety, quality, legality, or suitability of any Listing. Additionally, SimZilla does not take any responsibility for any user interaction between hosts and guests. This includes but is not limited to transactions, communications, disputes, or any other form of interaction that may occur outside the structured processes provided by the SimZilla platform
Dispute Resolution
When a dispute arises between Users, or between a User and SimZilla, the initial approach should be to attempt resolution through good faith negotiations. If these efforts do not yield a resolution, it is understood and agreed, as a fundamental term of these Terms and Conditions, that all parties commit to resolving the dispute through binding arbitration. Specifically, by agreeing to these Terms and Conditions, both hosts and users are explicitly agreeing to engage in arbitration facilitated by the Australian Centre for International Commercial Arbitration (ACICA), unless an alternative arbitration body is mutually agreed upon by all involved parties. This arbitration process will occur in Australia and will be conducted in English. The decision made by the arbitrators, as manifested in the arbitration award, shall be conclusive, final, and binding. Through the acceptance of these Terms and Conditions, hosts and users affirm their commitment to fully comply with and enact all necessary measures in accordance with the arbitration award.
Limitation of Liability
To the fullest extent permitted by law, SimZilla, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any Content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not SimZilla has been informed of the possibility of such damage.
Limitation of Liability
To the fullest extent permitted by law, SimZilla, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any Content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not SimZilla has been informed of the possibility of such damage.
Indemnification
Users agree to indemnify and hold harmless SimZilla, its affiliates, officers, agents, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable attorney's fees, arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of the rights of any third party, including but not limited to intellectual property rights; or (d) your violation of any applicable laws, rules, or regulations. SimZilla reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Modification of Terms
SimZilla reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Termination and Suspension
SimZilla reserves the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Feedback and Complaints
Users are encouraged to provide feedback, comments, and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at the contact information provided on our platform. Any Feedback you submit to us will be considered non-confidential and non-proprietary. SimZilla will have the right to use such Feedback for any purpose, in any way, in any media worldwide without further permission, notice, and/or compensation to you.
Accessibility and Non-Discrimination
SimZilla is committed to providing a platform that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to level AA. Furthermore, SimZilla does not discriminate on the basis of race, religion, national origin, gender, sexual orientation, age, marital status, or disability status in any of its activities or operations.
Safety Standards and Compliance
All Listings on SimZilla must adhere to the highest safety and operational standards. Hosts are required to comply with all applicable local laws, public health and safety regulations, and industry-specific certifications. SimZilla reserves the right to remove any Listings that are found to be in violation of these standards, ensuring a safe and reliable experience for all users.
Host and Guest Responsibilities
Hosts and guests have defined responsibilities to ensure a positive experience on SimZilla. Hosts must ensure their simulators are safe, functional, and accurately represented. Guests are expected to respect the equipment and adhere to all booking agreements. Both parties must conduct themselves in a manner that respects the standards and guidelines set forth by SimZilla.
Reviews and Feedback System
Our platform's review system is designed to foster honest, respectful, and constructive feedback. SimZilla will implement mechanisms to address and remove fraudulent, biased, or malicious reviews. We encourage all users to participate in the feedback system to improve the quality and reliability of listings and interactions on our platform.
Insurance and Risk Management
Users are responsible for obtaining their own insurance coverage sufficient to cover any liability or damage which might arise during the use of the Service. SimZilla may offer, but not require, users to provide proof of such insurance. It is the user's responsibility to ensure that their insurance coverage is comprehensive and up to date.
Intellectual Property of SimZilla
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of SimZilla and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SimZilla.
Third-Party Services and Content
The Service may contain links to third-party websites or services that are not owned or controlled by SimZilla. SimZilla has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Force Majeure
SimZilla shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SimZilla’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
Notices
Any notices or other communications provided by SimZilla under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Entire Agreement
These Terms constitute the entire agreement between you and SimZilla regarding your use of the Service, superseding any prior agreements between you and SimZilla regarding the Service. You may also be subject to additional terms and conditions that apply when you use or purchase certain other SimZilla services, affiliate services, third-party content, or third-party software.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without SimZilla’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SimZilla 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.
No Waiver
The failure of SimZilla to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waivers of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of SimZilla.
Changes to Service
SimZilla reserves the right to withdraw or amend the Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
User Acknowledgment
By using the Service, you acknowledge that you have read these Terms and agree to be bound by them. You further acknowledge that these Terms together with the Privacy Policy and any other legal notices published by SimZilla on the Service, shall constitute the entire agreement between you and SimZilla concerning the Service.