TERMS AND CONDITIONS

1. GENERAL

These Terms and Conditions (updated June 2021) outline our and your obligations and responsibilities when using the Platform.
By using the Platform, you acknowledge and agree to:

    • (a) Have read these Terms and Conditions and the Schedule annexed hereto; and
    • (b) Be bound these Terms and Conditions and the Schedule annexed hereto.

  • Please note that all defined terms in the Terms and Conditions including the Schedule have the meaning given to them in the Glossary which can be found here.

2. SCOPE OF COMPANY SERVICES

    • 2.1 We provide the Platform to enable Lenders to publish Goods for hire to Borrowers.
    • 2.2 Borrowers may then make a request to hire the Goods (Request). A Request may be made conditionally or unconditionally and should stipulate all relevant time frames, including, but not limited to delivery or pick up times and by when the Goods are to be returned (Rental Period).
    • 2.3 A Lender may revoke or modify any Posts at any time before a Lender agrees to the Request.
    • 2.4 If a Lender accepts a Request on the Platform, a Contract is created between the Borrower who has made the Request and the Lender.

3. COMMUNITY STANDARDS

    • 3.1 At all times when using the Platform, Borrowers and Lenders must adhere to our Community Standards.
    • 3.2 Failure to adhere to the Community Standards may result in a Borrower or Lender being banned at the Company's absolute discretion.
    • 3.3 Our Community Standards can be found here.

4. PERFORMANCE OF CONTRACTS

    • 4.1 Upon creation of a Contract, the Borrower must pay the Price into the Company's account with the third party provider known as 'Stripe.'
    • 4.2 The Price is not negotiable.
    • 4.3 Once the Contract is created, the Borrower and Lender may vary the Contract on the Platform. The Lender and Borrower are encouraged to use the Company's private messaging system to amend or vary the Contract (but not the Price) or to otherwise communicate.
    • 4.4 The Contract must be performed in accordance with the terms of the Contract as agreed between the Borrower and the Lender and the General Hire Conditions contained in Schedule 1.
    • 4.5 At the election of the Lender and for an amount as decided by the Lender, a Bond for the Goods may become payable into an account held by the Company with Stripe within 5 days from the date the Contract was created or the day immediately prior to the release of the Goods (whichever is the earlier). If a Lender has requested that a Bond will be paid, the Lender must not release the Goods unless confirmation has been received from the Company that the Bond has been paid. The Company will not be responsible for any loss of the Lender if the Goods are released without the Bond payment confirmation having been provided. For information on how to make a Bond payment, please click here
    • 4.6 All Goods must be returned undamaged at a time and date and in a manner agreed between the Borrower and the Lender.
    • 4.7 The Lender may elect to nominate a Replacement Value.
    • 4.8 In the event that:
    • (a) the Goods have not been returned within 10 days of the end of the Rental Period; or
    • (b) following the return of the Goods, the funds required to repair any Damage to the Goods exceeds the amount of the Bond,
    • 4.9 The Borrower authorises the Company to charge their Nominated Account for the difference between the Bond and the Replacement Value, upon request by the Lender.
    • 4.10 Upon return of the Goods, the Lender must, within 2 days, notify the Company that the Goods have been returned by selecting the relevant button on the Post at which point the Company will charge the balance of the Price to the Borrower's Nominated Account.
    • 4.11 Within 7 days of the Lender notifying the Company of the return of the Goods, the Company must make payment to the Lender of the Price less any applicable Lender Service Fee and, where applicable, issue a reimbursement to the Borrower of the Bond by way of EFT to the bank account provided by the Borrower upon payment of the Bond.
    • 4.12 The Company will not be responsible for any failure to return or damage to the Goods. However, the Company will assist the parties to resolve their dispute in respect of the Goods.
    • 4.13 Failure to return the Goods for more than 10 days post the agreed return date will result in the release of the Bond to the Lender.
    • 4.14 Damage to any Goods will be assessed by the Company and the Bond will be dealt with accordingly.

5. GENERAL HIRE CONDITIONS

    • 5.1 The General Hire Conditions contained in Schedule 1 apply to any Contract created between the Lender and any Borrower who wishes to use the Goods.
    • 5.2 By forming the Contract, the parties acknowledge and agree that these General Hire Conditions will apply and that either of them may rely on the General Hire Conditions
    • 5.3 The Borrower and the Lender acknowledge and agree that the General Hire Conditions are designed to govern the Contract between them and that the Company will not be liable for any breach of the General Hire Conditions or any breach by a Borrower or Lender of these Terms and Conditions.
    • 5.4 The Company encourages Lenders and Borrowers to read the General Hire Condition in respect of each transaction relating to the Goods.
    • 5.5 The General Hire Conditions can be found here.

6. FEEDBACK & REVIEWS

    • 6.1 After the Contract is completed, the parties are encouraged to review and provide feedback of the Goods and generally in respect of the transaction with the other party on the Platform.
    • 6.2 The Company reserves their right to remove any feedback provided if it does not meet the Community Standards or is otherwise against the Company's internal policies.

7. OUR FEES

    • 7.1 Borrowers acknowledge that a Borrower's Service Fee will be charged in addition to the Price and will be payable upon payment of the Price, following creation of the Contract. The Borrower's Service Fee is equivalent to 5% of the Price equal to or over $100 and a flat fee of $5 will be charged in addition to the price under $100.
    • 7.2 Lenders acknowledges that when the Company pays the Lender the Price after the Goods have been returned, the Company will deduct a Lender's Service Fee. The Lender's Service Fee is equivalent to 16.5% (including GST) of the Price.
    • 7.3 You agree that where you have contacted a particular User through the Platform, you shall not complete that transaction or any others otherwise than using the Platform or engage in any other Fee Avoidance. In the event of engagement of any User(s) in any Fee Avoidance, such Users shall indemnify the Company in respect of any losses suffered as a result of such Fee Avoidance.
    • 7.4 In the event that You attempt to engage a Borrower You met through the Platform in a rental or transaction that does not use the Platform, you are liable to pay a fee of up to $200.00 for doing so regardless of whether your attempts are successful or not and this amount will be automatically deducted from your Nominated Account.

8. COMPANY'S ROLE AND OBLIGATIONS

    • 8.1 The Company provides the Platform only, enabling Lenders to publish Goods and Borrowers to make Requests on Posts.
    • 8.2 The Company only permits individuals over 18 years of age to become Users.
    • 8.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
    • 8.4 At its absolute discretion, the Company may refuse to allow any person to register or create an account with the Company or cancel or suspend any existing account.
    • 8.5 If the Company reasonably believes that You intend to cause harm to or steal any Good that you rent through the Platform, the Company reserves the right to cancel your rental immediately and charge you an appropriate sum. This sum will be up to but not more than the Estimated Value of the Goods which will be determined at the Company's discretion.
    • 8.6 Registering and creating an account with the Company is free. There is no charge for a Lender to post tasks, or for other Users to review content on the Platform, including Posts.
    • 8.7 The Company accepts no liability for any aspect of the Lender and Borrower interaction, including but not limited to the description, performance or delivery of the Goods or the performance by any of them of the Contract.
    • 8.8 The Company has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users or the honesty or accuracy of any information provided by Lenders or the Lenders' ability to pay for the Goods.
    • 8.9 Except for liability in relation to any Non-excludable Condition, the Company Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    • 8.10 The Company has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
    • 8.11 The Company also makes no warranty with respect to the authenticity of the Goods and shall not be held liable for any trade mark or intellectual property infringement of a third party.

9. USER OBLIGATIONS

    • 9.1 You will at all times :
    • (a) Comply with these Terms and Conditions, the General Hire Conditions, the Community Standards and all applicable laws and regulations;
    • (b) Only post accurate information on the Platform;
    • (c) Promptly and efficiently perform obligations to other Users under a Contract; and
    • (d) Ensure that You are aware of any laws that apply to You as a Lender or Borrower, or in relation to using the Platform.
    • 9.2 You must not post Goods on the Platform that are dangerous in any way (including, but not limited to, firearms and knives). The publishing of Posts offering alcohol, drugs of any kind, tobacco or adult products for sale or hire is also not allowed. Furthermore, listing Goods that enable the provision or manufacturing of alcohol or drugs is prohibited. If you list any of these Goods on the Platform, your Post will be removed and you may be banned from the Platform.
    • 9.3 You agree that any content (whether provided by the Company, a User or a third party) on the Platform may not be used on third party sites or for other business purposes without the Company's prior permission.
    • 9.4 You must not use the Platform for any illegal or immoral purpose.
    • 9.5 You must maintain control of Your account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
    • 9.6 You grant the Company an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the Company Service, for the general promotion of the Company Service, and as permitted by these Terms and Conditions.
    • 9.7 You agree that any information posted on the Platform must not, in any way whatsoever, be potentially or actually harmful to the Company or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by the Company.
    • 9.8 Without limiting any provision of these Terms and Conditions, any information You supply to the Company or publish in a Post (including as part of a Request) must be up to date and kept up to date and must not:
    • (a) Be false, inaccurate or misleading or deceptive;
    • (b) Be fraudulent or involve the sale of counterfeit or stolen items;
    • (c) Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    • (d) Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
    • (e) Be defamatory, libellous, threatening or harassing;
    • (f) Be obscene or contain any material that, in the Company's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
    • (g) Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
    • 9.9 The Platform may from time to time engage location-based or map-based functionality. The Platform may display the location of Lenders and Borrowers to persons browsing the Platform. Each Lender and Borrower will be asked to provide the street and suburb where the Goods are to be delivered. A Lender or Borrower should never disclose personal details such as the Lender's or Borrower's full name, street number, phone number or email address in a Post or in any other public communication on the Platform.
    • 9.10 If You are a Lender offering Goods for hire, You must have the right to hire the Goods to third parties. This means that you must be the beneficial owner of the Goods. You must comply with tax and regulatory obligations in relation to any payment received under a Contract.
    • 9.11 All Prices and Fees must be negotiated via the Platform.
    • 9.12 You must not request payments outside of the Platform from a User.
    • 9.13 If the Company determines at its sole discretion that You have breached any obligation under this clause, it reserves the rights to remove any content, Post or Request You have submitted to the Company Service or cancel or suspend Your account and/or any Contract.

10. REFUNDS

    • 10.1 If:
    • (a) The Lender and the Borrower mutually agree to cancel the Contract; or
    • (b) following reasonable attempts by one User to contact the other User in respect of the performance of the Contract, the Contract is cancelled; and
    • (c) The Company is satisfied that the Price should be returned to the Borrower,
    • then, subject to clause 10.1, the Company will pay the Funds held in their Stripe Account back to the Borrower.
    • 10.2 If the Company is notified of the cancellation less than 12 hours before the Goods are due to be sent by the Lender a Cancellation Fee will be deducted from the Funds held in the Company's Stripe Account.

11. PAYMENT FACILITY

    • 11.1 All payments made through the Company are processed through a third party provider known as Stripe.
    • 11.2 In so far as it is relevant to the provision of payments made through the Company, the terms issued by Stripe at Stripe's Terms and Conditions are incorporated into these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency in relation to the provision of providing payment services. By agreeing to these Terms and Conditions or continuing to use the Platform you are agreeing to be bound by Stripe's Terms and Conditions as modified from time to time.
    • 11.3 As a condition of You using the Platform, You agree to provide the Company with accurate and complete information about You (which may include personal information as defined in our Privacy Policy which can be found here)here or your business and you authorise the Company to share it and transaction information related to your use of the payment processing service to Stripe where necessary.
    • 11.4 If the Company changes its payment provider You may be asked to agree to any further additional terms with those providers.

12. THIRD PARTY SERVICES

    • 12.1 The Company may from time to time include Third Party Services on the Platform. These Third Party Services are not provided by the Company.
    • 12.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
    • 12.3 If a User engages with any Third Party Service provider, the Terms and Conditions will be directly between the User and that Third Party Service provider.
    • 12.4 The Company makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, Users may inform the Company of their Third Party Service experience here.

13. VERIFICATION

    • 13.1 You are solely responsible for the identification of a Lender and Borrower (as the case may be) and the quality/nature of the Goods and the Company accepts no responsibility for the authenticity of the Goods or the identity of any Borrower or Lender.
    • 13.2 In the event that you become aware that a Borrower's or Lender's identity is untrue or incorrect and/or the description or picture of any of the Goods posted on the Platform is inaccurate, misleading or deceptive, you are encouraged to report this to the Company here. The Company may then remove any User, Lender or Borrower in its absolute discretion.

14. INSURANCE

    • 14.1 Users are encouraged to insure their Goods before hiring them out to other Users.

15. FEEDBACK

    • 15.1 You can complain about any comment made on the Platform using the 'Report' function of the Platform or contact the Company via the Platform.
    • 15.2 The Company is entitled to suspend or terminate Your account at any time if the Company, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Users.

16. LIMITATION OF LIABILITY

    • 16.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, the Company specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Lenders and Borrowers.
    • 16.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, the Company specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Platform.
    • 16.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, the Company is not liable for any Consequential Loss arising out of or in any way connected with the Company Services.
    • 16.4 Except for liability in relation to a breach of any Non-excludable Condition, the Company's liability to any User of the Company Service is limited to the total amount of payment made by that User to the Company during the twelve month period prior to any incident causing liability of the Company, or $50, whichever is greater.
    • 16.5 The Company's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

17. PRIVACY

    • 17.1 The Company's Privacy Policy, which is availablehere, applies to all Users and forms part of these Terms and Conditions. Use of the Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your Personal Information in accordance with the Company's Privacy Policy.
    • 17.2 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
    • 17.3 The Company will endeavour to permit you to transact anonymously on the Platform. However in order to ensure the Company can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, the Company reserves the right to ask Users to verify themselves in order to remain a User.

18. MODIFICATIONS TO THE TERMS AND CONDITIONS

    • 18.1 The Company may modify these Terms and Conditions or the Policies (and update the Company pages on which they are displayed) from time to time. The Company will send notification of such modifications to Your Company account or advise You the next time You login.
    • 18.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Platform in any manner, including engaging in any acts in connection with a Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
    • 18.3 If You do not agree with any changes to these Terms and Conditions (or any of our Policies), You must either terminate your account or You must notify the Company who will terminate Your Company account, and stop using the Company Service.

19. NO AGENCY

    • 19.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms and Conditions. In particular You have no authority to bind the Company, its related entities or affiliates in any way whatsoever. The Company confirms that all Third Party Services that may be promoted on the Platform are provided solely by such Third Party Service providers. To the extent permitted by law, the Company specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

20. NOTICES

    • 20.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to the Company's contact address as displayed on the Platform, or to the Company Users' contact address as provided at registration. Any notice shall be deemed given:
    • (a) If sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
    • (b) If sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia.
    • 20.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

21. MEDIATION AND DISPUTE RESOLUTION

    • 21.1 The Company encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that the Company may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
    • 21.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
    • 21.3 The Company may elect to assist Users resolve disputes. Any User may refer a dispute to the Company. You must co-operate with any investigation undertaken by the Company. The Company reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or the Company's determination in an applicable court or tribunal.
    • 21.4 The Company has the right to hold any Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
    • 21.5 The Company may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
    • 21.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
    • 21.7 If You have a complaint about the Company Service please contact us here.
    • 21.8 If the Company provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify the Company against any claims relating to any other use of information not permitted by these Terms and Conditions.

22. TERMINATION

    • 22.1 Either You or the Company may terminate your account and these Terms and Conditions at any time for any reason.
    • 22.2 Termination of these Terms and Conditions does not affect any Contract that has been formed between Company Users. If You have entered a Contract You must comply with the terms of that Contract including providing the Goods or paying the Price as applicable.
    • 22.3 Third Party Services are subject to Third Party Service provider terms and conditions.
    • 22.4 Sections 7 (Fees), 16 (Limitation of Liability) and 21 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms and Conditions.
    • 22.5 If Your account or these Terms and Conditions are terminated for any reason then You may not without the Company's consent (in its absolute discretion) create any further accounts with the Company and we may terminate any other accounts You operate.

23. GENERAL

    • 23.1 These Terms and Conditions is governed by the laws of New South Wales, Australia. You and the Company submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
    • 23.2 The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
    • 23.3 These Terms and Conditions may be assigned or novated by the Company to a third party without your consent. In the event of an assignment or novation the User will remain bound by these Terms and Conditions.
    • 23.4 These Terms and Conditions sets out the entire understanding and agreement between the User and the Company with respect to its subject matter.

COMMUNITY GUIDELINES

Our Company is dedicated to creating a platform where Users may benefit from the shared use of Goods in a safe and convenient manner.

It is therefore important that our Platform Users follow certain community guidelines and standards of behaviour.

The minimum standards of behaviour the Company expects from the Users is outlined below (Community Guidelines).

We work hard to enforce these Community Guidelines so that all Users of our Platform have a positive and enjoyable experience.

If you suspect a User has violated any Community Guidelines, please report it to the Company ASAP. Use the Report as Inappropriate feature located within the task or comments section, or go to Contact Us.

1. PUBLICLY SHARING PRIVATE INFORMATION

In order to uphold the integrity and authenticity of our Platform we prohibit the sharing of personal information until an offer is accepted.

Personal information may only be shared via private message.

To protect your safety and security, Users must not share private contact details or third party links in any public area of the site including comments and attachments. This includes but is not limited to sharing businesses websites, Facebook, Linkedin, Twitter, personal emails, phone numbers, addresses or personal websites.

2. UNACCEPTABLE BEHAVIOUR

We do not tolerate the following negative behaviours, any of which will result in your posts being removed and your account being suspended:

2.1 Hatred or violence

    • Any language that incites violence or hate speech against a specific group or individual who represents a Company. Racist comments or behaviour that incites racism is also not permitted.

2.2 Discrimination

    • Comments that are unjust or prejudicial towards any Users of the community will not be tolerated. This includes language that contains vulgarities used in the context or personal attacks or insult.

2.3 Harassment

    • Any attempts to harass other Users or Lenders through actions or comments will not be tolerated. This may include repeated unwanted messages, torment, intimidation or communication aimed at influencing other User's offers, all of which are strictly not allowed.

2.4 Illegal behaviours

    • The Company has a zero tolerance policy to any illegal behaviours including theft, vandalism and any unlawful activity such as transactions involving the use of drugs or weapons. We prohibit Users and Lenders from promoting or publicising crime, theft or fraud.

2.5 Defamatory language

    • We value your feedback and comments in order to foster accountability and transparency in our community. However, any deliberate attempts to damage the reputation, slander or discredit any Borrower or Lender as an act of defamation will not be tolerated.

2.6 Breach of copyright

    • We highly value your original ideas and hope you respect others. Any unauthorised use of copyright or trademarked content is not accepted in our community.

2.7 Trolling

    • Posts and comments that are deemed to be trolling or inappropriate are prohibited. Comments that are considered to be off-topic or inflammatory in nature to invoke other Borrowers in the community are also not allowed.

3. UNSUPPORTED PRACTICES

The following practices are also prohibited:

3.1 Fraudulent company reviews

    • Creating or requesting fraudulent reviews for your Company profile is not supported.

3.2 Manipulation of public profile

    • Artificially improving your public profile, including the manipulation of ratings or the like, is not supported by the Company as it jeopardises the creation of a fair and trustworthy system.

3.3 Discussion forum

    • The Company is a marketplace for the hire of Goods and not a forum for discussions. Help us keep the platform a place to get things done rather than a place for reading through comments that are not helpful to your purpose.
    • Comments that do not request additional information in relation to a Good are considered off-topic. Borrowers and Lenders should only comment to ask for more information or to give more information about their offering.

3.4 Unauthorised use of user information

    • Harvesting User contact details for the purpose of generating interest or inquiry into products is considered unauthorised use of User information and is not supported by the Company. This includes but is not limited to cold calling, email blasts and contacting key decision-makers.

3.5 No advertising

    • We support our Lenders gaining exposure on the Platform to help their business grow, however the Company is not a platform for business advertisements, nor a job board for permanent job ads. The Company is also not a platform for any requests to be employed.

4. ACCOUNT ADMINISTRATION AND IDENTIFICATION

All Users may only have a single, active account on the Platform. As your account reflects your reputation in the marketplace and represents your skills and abilities, any duplicate accounts attempting to disguise a User or Lender's history, will be removed immediately.

Accounts are not transferrable.

Users are required to use their accurate name and contact details as confirmed in your identification documents. Fake/miscellaneous photos & names are not permitted on the Platform. Users that do not have an accurate profile photo or name that meets these standards will be asked to change their details.

Photos must not be offensive or display nudity of any kinds. The Company may remove any details and photos that do not comply with the Community Guidelines.

5. DETAILS OF GOODS

Advertising of illegal goods, medication, alcohol, drugs and any dangerous goods of any kind is prohibited.

Any description of Goods (including photographs of the Goods) must be accurate and not deceptive.

A description of the condition of the Goods must be included in any Post.

The Company reserves the right to remove any Post or photograph which does not comply with these Community Guidelines.

Schedule 1 – General Hire Conditions

1. Definitions

All capitalised terms shall have the meaning given in the Glossary found here.

2. Rental of Goods

    • (a) The Lender agrees to rent the Goods to the Borrower for the Rental Period and the Borrower agrees to take the Goods on hire for that period and to pay the Price.
    • (b) The Borrower is entitled to use the Goods for the Rental Period and for any agreed extension of the Rental Period.
    • (c) The Borrower agrees to return the Goods as agreed between the Lender and Borrower at the end of the Rental Period.
    • (d) By requesting to rent the Goods, You agree and warrants that You will pay the full Estimated Value of the Goods in the case of loss or damage.

3. Borrower's warranties

The Borrower warrants that:

    • (a) The User will not breach any copyright or other restriction in relation to or in connection with, the Goods; and
    • (b) In selecting the Goods the User has not relied on the Lender's skill and judgment or on any representations made by or on behalf of the Lender.

4. User's obligations

The User will:

    • (a) Keep the Goods in first class condition and only use them as they would be used by a careful and prudent owner;
    • (b) Not use the Goods for any illegal purpose;
    • (c) Report any damage to, or loss of, the goods to the Lender immediately after such damage or loss occurs;
    • (d) Be liable for any breach of these General Hire Conditions committed by the Borrower's servants or agents; and
    • (e) Indemnify the Lender for any loss (including legal costs) incurred by the Lender in relation to any breach of these General Hire Conditions and for any liability arising out of any such breach. For the avoidance of doubt, this includes but is not limited to, the replacement or repair costs of the Goods in the event the Goods are lost or damaged.

5. Title to goods

    • The Borrower acknowledges that the Lender retains title to the Goods and that the Borrower has rights to possess the Goods as a mere bailee only. The Borrower does not have any right to pledge the Lender's credit in connection with the Goods and agrees not to do so. The Borrower also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.

6. No waiver

    • Time is of the essence of these General Hire Conditions, except that no delay by the Lender in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

7. Governing law

    • These General Hire Conditions will be governed by the laws of New South Wales, Australia. All parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

8. Dispute determination

    • If any dispute or difference whatsoever must arise between the parties as to the performance or as to the meaning of these General Hire Conditions such dispute or difference must be submitted to the Company first.

Company Glossary

    • "ACL" means the Australian Consumer Law.
    • "Bond" means an amount required by the Lender to be used as security for performance of the Borrower's obligations which will be deducted from the Price once the obligations have been met.
    • "Cancellation Fee" means 10% of the Price as agreed between the Borrower and Lender.
    • "Company", "we", "us", "our" means Gecko.Co Pty Limited (ACN 630 424 574)
    • "Company Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by the Company.
    • "Company Service" means the service of providing the Platform.
    • "Badge" means an Company Badge and Verification Icon.
    • "Borrower" means a User on the Platform that uses the Platform to hire Goods or with the intention to hire Goods.
    • "Borrower's Service Fee" means the fee payable by the Borrower to the Company as consideration for the Company Services (and comprised as part of the Price) displayed to a Borrower prior to entering into each Contract.
    • "Business Day" means a day on which banks are open for generl business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
    • "Cancellation Admin Fee" means the Fee payable by a Lender for cancelling a Contract.
    • "Consequential Loss" means any loss, damage or expense recoverable at law:
      • (a) Other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
      • (b) Which is a loss of:
      • (1) Opportunity or goodwill;
      • (2) Profits, anticipated savings or business;
      • (3) Data; or
      • (4) Value of any equipment,
      • and any costs or expenses incurred in connection with the foregoing.
    • "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.
    • "Estimated Value" means a reasonable estimate determined by the Lender unless the Borrower disagrees in which case the Company will determine the Estimated Value. In the event of a good faith dispute between the parties in relation to the Estimated Value of the Good, the Company has the sole discretion to set an appropriate Estimated Value for the Good, determined in good faith and taking into account the reasonable representations of the parties.
    • "Fees" means all fees payable to the Company by Users including any applicable service fee.
    • "Fee Avoidance" means engaging in any practice which may avoid or lower the amount of the Borrower's Service Fee or Lender's Service Fee.
    • "General Hire Conditions" means the contract between a Lender and a Borrower in respect of the Goods as set out in Schedule 1 of these Terms and Conditions.
    • "Good(s)" means the good(s) listed for hire on the Platform.
    • "Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Company Badges and Verification Icons.
    • "Lender" means a User that posts on the Platform offering certain Goods for hire.
    • "Lender's Service Fee" means the fee payable by the Lender to the Company as consideration for the Company Services (and comprised as part of the Price) displayed to a Lender prior to entering into each Contract.
    • "Nominated Account" means the account linked to a User's profile to make and receive payments.
    • "Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
    • "Personal Information" has the same meaning as described in the Privacy Policy.
    • "Platform" means the platform operated by the Company on the website.
    • "Policies" means the policies posted by the Company on the Platform, including but not limited to the Privacy Policy and Community Guidelines.
    • "Post(s)" means a post or posts made on the Platform offering Goods for hire.
    • "Price" means the price listed on a Post for the hire of the Goods paid into the Escrow Account made by the User.
    • "Privacy Policy" means the privacy policy which is available at here.
    • "Reference" means a feature allowing a User to request other Users to post a reference on the Platform endorsing that User.
    • "Rental Period" means the period as agreed upon between the Lender and the Borrower from the date the Goods are to be sent to the Borrower to the date the Goods are to be returned to the Lender.
    • "Replacement Value" means the value of the Goods, as determined by the Lender in their absolute discretion and displayed on their Post.
    • "Site" means the website at here
    • "Stripe Account" means the Company's account with the Third Party Service provider Stripe.
    • "Contract" means the separate contract which is formed between a Lender and a Borrower for the hire of the Goods. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in General Hire Conditions.
    • "Terms and Conditions" means these terms and conditions.
    • "Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
    • "Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Platform from time to time.
    • "User Funds" means the Price less the Service Fee
    • "User" or "You" means the person who has signed up to use the Platform, whether as the Lender, Borrower, or otherwise.
    • "Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Platform to confirm details such as a User's qualification, license, certificate or other skill.
    • Rules of Interpretation
      • In the Company Terms and Conditions and all Policies, except where the context otherwise requires:
      • (a) The singular includes the plural and vice versa, and a gender includes other genders;
      • (b) Another grammatical form of a defined word or expression has a corresponding meaning;
      • (c) A reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
      • (d) A reference to A$, $A, dollar or $ is to Australian currency;
      • (e) A reference to time is to the time in New South Wales, Australia;
      • (f) A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
      • (g) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
      • (h) The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
      • (i) Headings are for ease of reference only and do not affect interpretation;
      • (j) Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
      • (k) A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of it.