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Terms and Conditions

                                                    

Rentsy User Licence Agreement 

Last updated on 1st November,  2024

  1. Overview 
    1. By accessing the Rentsy Website or otherwise using or engaging in our Services, you agree to be bound by the terms of this Licence, including any additional terms and conditions and policies referenced in this Licence. The terms of this Licence apply to all Users/Lenders and set out the conditions for:
      1. the hire of Products on the Rentsy Website from you as the Rental store or provider (as the Lender); or
      2. for you to hire Products as the User / Rentsy Customer from the Lender.
    2. Please read this Licence carefully before using the Rentsy Website. If You do not agree to the terms of this Licence, then you must cease accessing the Rentsy Website or our Services. The terms of this Licence are considered an offer and your acceptance is expressly limited to the terms of this Licence.
    3. Your submission of personal information through our Services is governed by our Privacy Policy.  To view our Privacy Policy, go to www.rentsy.com.au/privacypolicy
    4. Rentsy is a platform for Customers to hire various Hire Products from Rental stores and Providers. We act as a third-party intermediary, and do not guarantee the quality, safety, legality, or accuracy of any Products listed on our platform by the rental stores and providers, and are not responsible for ensuring that the Products for hire or the Lenders comply with all applicable laws and regulations related to the hire or rental of Products on the Rentsy Website. Rentsy cannot and does not control the content contained in any Listings and the condition or suitability of any Products. Rentsy is not responsible for and disclaims any and all liability related to any and all Listings and items. Accordingly, any rentals of Products will be made at a User’s own risk.
    5. The Rentsy Website and Services can be used to facilitate the listing and renting of Products. Such Products are included in listings created on the Rentsy Website by Lenders. You may view listings as an unregistered visitor to the Rentsy Website; however, if you wish to create a Product Listing, you must first register to create a Store Account. If you wish to hire a listed Product from a Rental Store or provider,, you must register for a User Account.
    6. The access and to create an account on the Rentsy Website is offered completely free.  However; Rentsy will charge the Hire Fee Commission to the Lender when a Product is hired by a Rentsy customer as the User/Hirer. This amount will be deducted from the total Hire Fee amount at the time of booking when the Hirer pays the deposit required for the booking.  Once the booking is confirmed, the payment is processed through the Rentsy Website. Details of the rights to receive a refund of the Hire Fee Commission and the Hire Fee is set out further below.
    7. Any hire transaction made on the Rentsy Website will be a contract  entered into directly between the Rental store or provider (Lender)  and the Rentsy customer (User).
  2. Definitions
    1. In this User Licence Agreement: 
      1. Bond means the bond that the User may be required to be paid for the hire of the Product as specified under a Lender’s Listing. 
      2. Effective Date means, the later of:
        1. the date on which the User first creates a User Account with a login and password to access the Rentsy Website; or 
        2. the date upon which the Lender creates a Rentsy Store or Profile with a login and password to access the Rentsy Website in order to create product listings.
      3. Export Laws means all applicable laws restricting and/or regulating: 
        1. the inter-jurisdictional import, export, supply, disclosure, transfer or transmission of goods (including pharmaceutical products), services, the Rentsy Website, technology, technical know-how, data and information; and/or 
        2. the import, export, supply, disclosure, transfer or transmission of goods (including pharmaceutical products), services, the Rentsy Website, technology, technical know-how, data and information to designated entities or persons, or to designated classes of entities or persons. 
      4. Hire Fee means the amount a Lender charges to the Rentsy Customer (User) for the hire of a Product and payable by the User who hires the Product from the Lender, though the use of the Rentsy Website and is inclusive of the Hire Fee Commission.
      5. Hire Fee Commission means the equivalent of an agreed percentage of the total Hire Fee paid to Rentsy by the Lender for the hire of a Product to Rentsy customer.
      6. Booking Deposit means a percentage of the total Hire Fee which is to be paid at the time of making a booking request for a product in order to secure the booking and is  inclusive of the Hire Fee Commission,
      7. Hirer means a User or Rentsy Customer who hires a Product from a Lender through the Rentsy Website.
      8. Lender means a Rental Store and or Provider who has created a Listing for a Product/s for Hire on the Rentsy Website with the intention to hire the product/s to Rentsy Customers (User).
      9. Licence means this User Licence Agreement.
      10. Listing means a Product item that is listed by a Lender as available for rental via the Rentsy Website.
      11. Related Body Corporate means as described in Section 50 of the Corporations Act 2001 (Cth).
      12. Products means the product or products owned by a Lender and offered for hire to Rentsy customers (Users) through the use of the Rentsy Website and that comply with the rules for Listing of a Product for hire, as outlined in section 8 and 9.
      13. Rentsy Website means the Rentsy website at www.rentsy.com.au or other platforms and websites owned or managed by Rentsy or its Related Body Corporate to provide the Services, or the system and server software used to provide the Services, as well as any other cloud based platform used by Rentsy and includes any computer hardware on which the Rentsy Website or other platform, database, system or server software is installed.
      14. Rentsy, us, we means  Rentsy Holdings Pty Ltd ABN 50668233823 and all legal entities owned or controlled by Rentsy (across any jurisdiction). 
      15. Services means any services that Rentsy provides to a User under this Licence.
      16. User means an individual who accesses the Rentsy Website to utilise our Services as a Hirer of Products on the Rentsy Website from Lenders; or
      17. User Account means the account created by a Rentsy Customer  through the Rentsy Website to use and access the Services as a User and to hire Products from Lenders. 
      18. User/Lender Content means all Products, data, works and materials uploaded to or stored on the Rentsy Website by a User/Lender, and that is:
        1. transmitted by the Rentsy Website or Rentsy Website at the instigation of the User/Lender;
        2. supplied by the User/Lender to Rentsy for uploading to, transmission by or storage on the Rentsy Website (such as usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials); or
        3. generated by the Rentsy Website as a result of the use of the Rentsy Website or Services by the User/Lender (but excluding analytics data relating to the use of the Rentsy Website and server log files).
      19. Update means a hotfix, patch or minor version update to the Rentsy Website. 
      20. Upgrade means a major version upgrade of the Rentsy Website. 
  3. Term and Grant of Licence 
    1. This Licence is entered into on the Effective Date and will continue in full force and effect indefinitely, until the earlier of the following:
      1. the date on which your User Account or Rental Store is terminated by either you or Rentsy, which may occur as a result of a determination made by Rentsy in its discretion or in accordance with any Related Body Corporate decision; or
      2. termination of this Licence in accordance any provision contained within this Licence.
    2. Subject to the compliance by the User/Hirer with the provisions of this Licence, and during the time that your User/Hirer Account remains valid, Rentsy grants to you from the Effective Date and until terminated under clause 3.1, a personal, revocable, non-exclusive, royalty-free, non-transferrable, licence without any right to sub-license, to use the Services subject to the limitations and prohibitions otherwise set out and referred to in this Licence.
  4. Conditions for use of Rentsy Website
    1. By agreeing to the terms of this Licence, you must be:
      1. at least the age of 18, or that you are the age of majority in your country, state in which you reside;
      2. provide an ACN or ABN; or
      3. if an individual, appropriate identification such as a driver’s licence, passport or other approved identification documents as listed on the account application process, will be required to confirm your identification. 
    2. We want our Service to be a positive experience for our Users and Lenders. Lenders must honour the commitments made to Users when they use the Service and only list Products for hire that comply with this Licence and our Privacy Policy. Users must honour each Lenders special requirements as well as their individual terms and conditions when hiring each item.
    3. If you are: 
      1. a Hirer, the agreement for the hire is made solely between you as the Hirer and the Lender; and 
      2. a Lender, you acknowledge that the agreement for the hire is made solely between you as the Lender and the Hirer of your Product;  

and a contract is formed and been accepted between both User and Lender under 4.3(a) or 4.3(b) (as applicable), when a Product is hired by a User from the Lender and has completed the checkout process on the Rentsy Website and deposit payment calculated as a percentage of the Hire Fee has been processed for the hire of a Product.

  1. Users/Lenders agree that the payment of Hire Fee comprises the consideration for the contract between the Users and Lenders as outlined in clause 4.3.
  2. Any dispute that arises in relation to the hire of a Product on the Rentsy Website is between a User as the Hirer and the Rental Store / Provider as the Lender, except to the extent that this Licence provides otherwise. Rentsy has no liability to resolve disputes between the parties or for any claims, actions, demands, losses or liabilities relating to the hire of a Product that do not directly relate to the Services provided by Rentsy. 
  3. A Lender that offers Products for hire on the Rentsy Website is responsible for making sure the Products are fit for purpose, safe, legally compliant and match the description provided in the Listing. It is important that you point out any wear marks or defects in the Product description.
  4. Except as otherwise required by law, we reserve the right to refuse access to the Rentsy Website or the Services to anyone and for any reason at any time.
  5. A breach by you of the terms of this Licence may result in termination of the Services to you.
  6. User Login and Access Credentials 
    1. To Use our Services as a Hirer or Lender, you are required to register with us by setting up a User Account or by creating a Rental Store which will require an identification code, password or any other piece of information as part of Rentsy’s security procedures (whether by Rentsy or its Related Body Corporate or affiliates). You must treat such information as confidential and keep the login credentials in a secure and safe place.
    2. You may only access the Rentsy Website by entering a valid user identification code and password. 
    3. You must provide us with accurate and complete information so that the Service can operate properly. If any of your details change, you must update your information by logging into your User Account. 
    4. Rentsy have the right to cancel and disable any user identification code or password, of your User Account or Store account without notice (whether chosen by you or allocated by Rentsy) at any time, if in Rentsy’s or a Related Body Corporate’s reasonable opinion(s), you have failed to comply with any provision of this Licence. 
    5. In the event of cancellation of the login account of a User Account or Store account in accordance with this Section 5, a User or Lender may not object, and such User/Lender will no longer seek to access the Rentsy Website.  
  7. Rules for using Rentsy
    1.  You may only use the Service to: 
      1. offer to hire Products that you have the right and title, possession and ownership to hire to other Users;
      2. upload content that complies with this Licence; and 
      3. browse and hire Products listed on the Service by Lenders. 
  8. Prohibited Uses
    1. In addition to other prohibitions as set out in this Licence, you are prohibited from using our Service or its content: 
      1. to list or sell any Product on the List of Prohibited and Restricted Products.  
      2. for any unlawful, obscene or immoral purpose;  
      3. that do not comply with any Export Laws;
      4. make use of the Service for any other purpose other than in accordance with this Licence; 
      5. transfer your right to use the Service to another person or to sell, gift or transfer your User or Store Account to another person; 
      6. post any commentary about another person without that person’s permission; 
      7. post any private or confidential information relating to you or another person; 
      8. will not contain libelous or otherwise unlawful, abusive or obscene material;
      9. offer to hire a Product that you do not own or have lawful title; 
      10. to solicit others to perform or participate in any unlawful acts; 
      11. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
      12. to infringe upon or violate our intellectual property rights or the intellectual property rights of others including, the use any photographs, images, text, branding, music or video that belongs to someone else without their permission, post content that does not belong to you;
      13. to bully, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
      14. to submit false or misleading information; 
      15. to upload or transmit viruses or any other type of malicious software or code that will or may be used in any way that will affect the functionality or operation of the Services or of any other website operated by us; 
      16. to collect or track the personal information of others; 
      17. to spam, phish, pharm, pretext, spider, crawl, or scrape; 
      18. support, praise, glorify, represent or depict terrorist or extremist organisations, or known members of such organisations;
      19. link to any third party websites, apps or platforms;  
      20. create more than one User Account, unless we agree otherwise; 
      21. use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments; 
      22. interfere with or manipulate any ratings system or user feedback system; or
      23. interfere with or circumvent the security features of the Rentsy Website, the Services or other Rentsy Website or any other websites or the Internet.
  9. Product requirements
    1. In order to list a Product for hire on the Rentsy Website, the Lender agrees to comply with the following rules. All Products must be:
      1. in your possession or otherwise in your control at the dates that a User hired a Product from you;
      2. not be expired;
      3. not be damaged or faulty so as to render the Product unusable or not fit for the purpose for the Hirer of the Product as provided in your Listing, or as otherwise made known by the User who has enquired to hire the Product from you.
  10. Item Listings
    1. As a Rental Store (Lender), you may create a Listing. To create a Listing, you will be asked a variety of questions about the Product to be listed, including, but not limited to,:
      1. Product;
      2. Bond amount payable (if any);
      3. use;
      4. age of product;
      5. product location;
      6. colour;
      7. availability of the Product; 
      8. pickup or delivery method; 
      9. Hire Fee; and
      10. related rules (for instance minimum hiring terms, dry cleaning, servicing responsibility) and financial terms.
    2. Listings will be made publicly available via the Rentsy Website. Users will be able to rent your Products via the Rentsy Website based upon the information provided in your Listing. You understand and agree that once a Hirer requests a rental of your Product, you may not request the Hirer to pay a higher price than in the original Hire Fee.
    3. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the rental of a Product in a Listing you post:
      1. will not breach any agreements you have entered into with any third parties; and
      2. will:
        1. be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Product; and
        2. not conflict with the rights of third parties. 
    4. Please note that Rentsy assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Rentsy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rentsy, in its sole discretion, considers to be objectionable for any reason, in violation of this Licence or Rentsy’s then-current Policies at www.rentsy.com.au  or otherwise harmful to the Rentsy Website or Services.
    5. If you are a Lender, you understand and agree that Rentsy does not act as an insurer or as your contracting agent. If a Hirer requests a rental of your Product and rents your Product, any agreement you enter into with such Hirer is between you and the Hirer and Rentsy is not a party thereto. Notwithstanding the foregoing, Rentsy serves as the limited authorised payment collection agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Hirers of such amounts stipulated by the Lender for the Hire Fee.
    6. Rentsy recommends that Lenders obtain appropriate insurance for their Products. Please review any insurance policy that you may have for your Products 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 Hirer’s while renting your Product.
  11. No Endorsement
    1. Rentsy does not endorse any User or any Product that is Listed. You understand that images provided by Lender on a Listing are intended only to indicate a photographic representation and description of the Product at the time the Rentsy representative sights the Product. Images are therefore not an endorsement by Rentsy of any User or any Product. Users are required by this Licence to provide accurate information, and although Rentsy may undertake additional checks and processes designed to help verify or check the identities or backgrounds of both Lenders and/or Users, we do not make any representations about, confirm, or endorse any purported identity or background of a Lender and/or User.
    2. Any references in the Site or Services to a Lender or User being “verified” or “connected” (or similar language) only indicates that the Lender and/or User have completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Rentsy about the Lender and/or User, including of the Lender and/or User’s identity and whether the Lender and/or User 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 Rentsy Website. We therefore recommend that you always exercise due diligence and care when deciding whether to rent a Product from a Lender or to accept a rental request from a Hirer.
    3. By using the Rentsy Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Rental Stores or providers and/or Users  or other third parties will be limited to a claim against those particular parties or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Rentsy with respect to such actions or omissions. Accordingly, we encourage direct communication between the Rental stores and providers and the Users through the Rentsy chat feature on the Website regarding any rentals or Listings including any  subsequent issues arising during the hiring process. 
  12. Rentsy Fees
    1. In consideration for the use of the Rentsy’s Services, Rentsy charges the Hire Fee Commission.
    2. The Hire Fee Commission is payable by the Hirer at the time that the Hirer pays the Hire Fee Commission for a Product and the booking is confirmed and payment processed through the Rentsy Website.
    3. Where applicable, Taxes (such as GST in Australia) may also be charged in respect of the Hirer Fee Commission and Hire Fees. 
    4. The Hire Fee Commission will be payable by the Hirer and is included in the deposit payment before remitting the balance of the Hire Fee to the Lender as described in this Licence. The Hire Fee Commission is, as noted above, included in the Hire Fee as posted by the Lender on the Listing.
    5. The Balance of the Hire Fee less the Hire Fee Commission in addition to any Bond payable will be payable by the Hirer on the day of the booking or as per the terms noted under the Lenders special requirements.  If the Hirer is unable to meet the Lenders payment terms, the Lender may cancel the booking and the Hirer may be subject to the loss of any monies paid as per their terms and conditions. 
  13. How items are paid for on Rentsy
    1. All Products hired on Rentsy must be paid for using the nominated third party payment platforms as provided on the Rentsy Website. No other payment methods are allowed. 
    2. The hire of a Product will take place over 2 payments unless stated otherwise by the Lender under their special requirements section on the product listing.
      1. The payment of the deposit, which secures the hiring of the product, includes the Hire Fee Commission and is payable at the time the Hirer makes the booking. Once the booking is confirmed by the Lender, the payment is processed through the Rentsy Website; and
      2. The balance of the Hire Fee for the product (Less the Hire Fee Commission) plus any Bond required by the Lender is payable either on the day of the hire booking or on the nominated time period set by the Lender and is paid directly to the Lender.
    3. All deposit payments which included the Hire Fee Commission must take place via our third party payment provider Stripe. . Payments via our third party payment provider enables Users to pay securely as the Hirer. Rentsy reserves the right to change its third party payment providers and payment methods at any time by giving reasonable notice to its Users.
    4. To use Rentsy’s third party payment provider to make or receive payment, you will be subject to the third party payment provider system terms and conditions, which will be available through a link provided in our third party payment system platform.
    5. In order to create a User Account with us, you must agree to a Direct Debit authority with our third party payment provider. The direct debit authority permits us to debit your credit card if, for example:
      1. payment of the booking deposit 
      2. payment of the balance of the hire fee if required to be processed by Rentsy directly rather than the Lender.
      3. the net activity in your User Account on a day is negative or we need you to fund your account for any other reason relating to the third party payment provider terms and conditions; Otherwise, if your User Account is in negative balance, you will be required to repay us for this amount and a debt will be created for the amount that you owe us for the refund. We will try to collect this amount from your bank (in accordance with section 14.7 above) or via a third party payment provider payment link sent to you by us. Whilst your third party payment provider account is in negative balance, we may suspend or terminate your access to the Service in accordance with section 5.4 of this Licence.
  14. Delivery and collection of Products for hire
    1. A User who is a Hirer of a Product is responsible for the payment of the balance of the Hire Fee and any Bond as well as the payment for delivery of the Product hired from the Lender of the Product where required.  All delivery charges will be clearly nominated on the Product Listing and the User will be aware of all delivery charges prior to the User submitting their booking request.  Any additional delivery  fees or charges relating to product item will be detailed under the Lenders special requirements.
    2. Rentsy requires Lenders of Products that are hired to a User to be delivered or available for collection (as agreed at the time of the hire request from the User) on the date and the time specified in the hire transaction between the Lender and the User on the Rentsy Website.
    3. Rentsy requires that all Users return the Product/s hired within the agreed time duration or make available for collection by the Lender as per the agreed terms at the time of the hire confirmation.
  15. Cancellations and Refunds
    1. We understand that plans can change, however each Lender has the right to set their own individual cancelation policies.  Please refer to each Lenders individual cancelation terms in the special requirements section under the Product Listing.
      1. The Rentsy Deposit Guarantee provides a User the peace of mind that if the Users plans change, Rentsy will return the Rentsy-held portion to the User as Rentsy Dollars.  Any payments made outside of the deposit paid on the Rentsy platform will not be covered under this guarantee.  Please see section 18 regarding the use of “Rentsy Dollars”.
    2. If a Lender cancels a confirmed rental booking of a Product made via the Rentsy Website:
      1. Rentsy will refund the Deposit paid to Rentsy including the Hire Fee Commission for such rental to the applicable Hirer within a commercially reasonable time of the cancellation;
      2. the Hirer may receive an email or other communication from Rentsy containing alternative Listings and other related information and if the Hirer requests a rental from one of the alternative Listings.
      3. If a Lender cancels a confirmed rental on a User and the User has not received an email or other communication from Rentsy, please contact Rentsy at hello@rentsy.com.au
    3. If, as a Lender, you cancel a confirmed rental, Rentsy may apply any of the following to you or your Listing, including:
      1. Suspending future access to the Rentsy platform if the booking was canceled without good reason or cancelations occur frequently. 
      2. keeping your  Listing unavailable or blocked for the dates of the cancelled rental.
    4. In certain circumstances, Rentsy may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed rental made via the Rentsy Website. This may be for reasons as Rentsy may determine, in its reasonable discretion, and to refund to the Hirer part or all of the amounts charged to the Hirer in accordance with this policy. You agree that Rentsy and the relevant Hirer or Lender will not have any liability for such cancellations or refunds.
  16. Damage to Products and Failure to Return Products
    1. As a Hirer, you are responsible for returning the Product in the condition it was in when you received it. You acknowledge and agree that, as a Hirer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Product. 
    2. Please be aware that Lenders must report any damage to a Product to Rentsy at business-support@rentsy.com.au
    3. A Hirer is required to report any damage sustained during their rental directly to the Lender through a message on the Rentsy platform before the rental period ends. 
    4. If the Hirer has promptly notified the Lender of any damage to the Product, the Lender should follow their standard operating procedures when it comes to damage reports and repairs.
    5. Once the damage is reported, Lenders must submit supporting documents for damaged item claims to the User if requested.  This includes, but is not limited to, photographs, quotations or official letters of assessment from a registered repair or cleaning service, and proof of original purchase (receipt or bank statement) of the damaged itemWe always recommend that you take pictures of the damage so you have an accurate record of what damage was sustained. 
    6. The Hirer agrees that any Bond paid will be released to the Lender to the extent of the costs of the damage or repair (as applicable) and deducted from the cost of the repair or replacement payable by the Hirer.
  17. Lost / Unreturned Items Claim
    1. If you have attempted to contact the Hirer regarding the return of your Product and have not received a reply within 24 hours, please contact our Support Team at business-support@rentsy.com.au for assistance.
    2. A Product will be considered lost or stolen if they are not returned within (2) business days that the hire period ends. If the Product is classified as lost/stolen, the Hirer will be charged the recommended retail price.
    3. To process the claim, Lenders must submit supporting documents for the claim within 30 days. These include, but are not limited to, a copy of a police report (for stolen Products), a Statutory Declaration (stating the details of the case), and proof of original purchase (receipt or bank statement) of the lost Product.
    4. If a Product is confirmed delivered and is stolen from the Hirer’s property or while in the Hirer’s possession, the Hirer agrees to take necessary steps to assist in the recovery of the Product, including filing a police report. 
    5. The Hirer agrees that any Bond paid will be released to the Lender and deducted from the replacement cost payable by the Hirer under this section. 
  18. Resolving disputes
    1. Rentsy has up to 90 days to resolve each claim. During this period, the Hirer and Lender agree to cooperate with and assist Rentsy in good faith, providing such information and taking such actions as may be reasonably requested by Rentsy. Please note that Rentsy does not take responsibility for the loss or damage of Products hired through the Rentsy Website. Rentsy simply acts as a booking facilitator for Lenders and Hirers to connect. Although Rentsy will work diligently to ensure these reimbursements are received, we are not liable for their payment.
    2. Products on the Rentsy Website should be consistent with the description provided by the Lender. If a Hirer who books and pays for a Product and then experiences a ‘Renting Issue’, the Hirer may be eligible for a refund.
      1. the Lender cancels a reservation 24 hours or less before the scheduled arrival of the Product, or fails to provide the Hirer with the Product.
      2. the description of the Product in the Listing on Rentsy is materially different from the actual Product. Rentsy reminds Hirers that Products are potentially pre-used and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but can not be used as a basis to provide a refund under this policy.
      3. At the start of the Hirer’s reservation, the Product: 
        1. is not generally clean and sanitary;
        2. contains safety or health hazards that would be reasonably expected to adversely affect the Hirer’s use of the Product in Rentsy’s judgment. 
    3. The Hirer must return the Product to the lender within the agreed time period after taking receipt of the Product or accommodate the Lender to collect within the same period (that being the same method of the agreed collection of the Product). The Lender must return any Bond paid by the Hirer in full (if applicable).
    4. If a Product is delivered late and did not arrive in time for the Hirer to use for their intended date, then in this instance, the Hirer is not liable to accept the Product from the Lender and  a refund will be provided. The Lender must return any Bond paid by the Hirer in full (if applicable).
    5. To submit a valid claim for a refund, a Hirer is required:
      1. Try and resolve the issue directly with the lender. In the circumstance the Hirer is unable to resolve it directly with the Lender, the Hire should bring the Renting Issue to our attention within 2 hours after receipt of the Product (including photographs or other evidence); and
      2. respond to our requests for information or cooperation,
      3. not have directly or indirectly caused the Renting Issue; and
      4. to have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender prior to making a claim for a Renting Issue.
    6. If you have a dispute with us relating to our  Service, in the first instance please contact us via our Help Centre at customer-support@rentsy.com.au where we will attempt to resolve the dispute with you informally.
  19. Rentsy Dollars
    1. If a Hirer has cancelled a booking and section 13 (a) applies, then the Hirer has the option to convert the Booking deposit paid to Rentsy to receive a credit in the User Account by way of “Rentsy Dollars”.
    2. The “Rentsy Dollars” will be available in the User’s Account as a credit balance that can be applied for future bookings of Products and the Hire Fee Commission payable for that booking.
    3. The “Rentsy Dollars” will be available for use immediately after the cancellation of the booking under section 13 (a)) and the conversion into “Rentsy Dollars” is made, after such time the “Rentsy Dollars” will be available for use for other bookings.
    4. The “Rentsy Dollars” will be available for use by the User whilst the User has a User Account with Rentsy. Once the User Account has been cancelled or terminated for any reason, the “Rentsy Dollars” will be forfeited to Rentsy and the User will have no claim to Rentsy for the value of the “Rentsy Dollars.”
    5. The Hirer may, at any time that they have a valid User Account, request a refund of the “Rentsy Dollars” and Rentsy will convert the ‘Rentsy Dollars” into the equivalent cash amount and deposit into the User’s nominated bank account within 5-10 business days of such request subject to approval by Rentsy management. 
  20. Intellectual Property Notice 
    1. Copyright: All content (excluding the Products offered for sale by third parties) that are included on the Rentsy Website is the property of or licensed by Rentsy and its suppliers and is protected by Australian and international copyright laws. All software used on the Rentsy Website is the property of Rentsy or its suppliers and is protected by Australian and international copyright laws.
    2. Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the Rentsy Website (excluding Products offered for sale by Users or other third parties) are exclusively the trade marks or registered trade marks of the Rentsy Website in Australia and/or other countries (Rentsy Trade Marks). Rentsy Trade Marks may not be used in connection with any product or service that is not Rentsy in any manner. All other trade marks not owned by us and that appear on the Rentsy Website are the property of their respective third party owners, who may or may not be affiliated with or sponsored by Rentsy. 
    3. Limited Licence: We do not grant you a licence and do not permit you to use any of the Rentsy Trade Marks or logos that are displayed on the Rentsy Website without written permission. You may view, access and use the content contained within the Rentsy, by using your mobile phone or web browser. In accessing the Rentsy Website you are able to save an electronic copy of any part of the Rentsy Website or a Rentsy Website by means of the usual operation of your mobile or web browser only.
  21. Accuracy, Completeness and Timelines of Information 
    1. You alone decide whether to proceed with the hire of a Product from a Rental store or Provider. As such, we make no commitments regarding a Product, a Lenders description of a Product including the quality or delivery of a Product, or for honouring (or causing any Lender to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Product promoted or available through our Service, or the ability of the User to complete any hire of the Products.
    2. Any information prepared by Rentsy on the Rentsy Website is supplied as a convenience to you and is not intended to constitute advice or recommendations upon which you should rely. Information provided by us is general in nature and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. We have used reasonable efforts in collecting, preparing and providing quality information and material, and to the extent permitted by law, Rentsy makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Rentsy Website and in particular, how that information may relate to your personal circumstances. Any reliance on the material on the Rentsy Website is at your own risk.
    3. The Rentsy Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Rentsy Website or the Services at any time, but we have no obligation to update any information on the Rentsy Website or the Services. You agree that it is your responsibility to monitor changes to the Rentsy Website and the Services you access.
    4. Except as required by law, we undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information. No specified update or refresh date noted in our Services should be taken to indicate that all information in our Services have been modified or updated.
  22. Modifications of the Services and Prices 
    1. We may at any time modify, suspend or discontinue one or more of the Services without notice to you.
    2. We are not liable to you or to any third-party for any modification, subscription price changes, suspension or discontinuance of the Services.
  23. Integrations  
    1. We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
    2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties and without any endorsement. We are not liable for any matter arising from or relating to your use of optional third-party tools.
    3. Any use by you of optional tools offered through our Services is entirely at your own risk. You should ensure that you are familiar with and approve the terms and conditions on which tools are provided by the relevant third-party provider(s).
    4. In the future we may also offer new features through our Services. These new features will also be subject to this Licence.
  24. Third-Party Links
    1. Certain content, products and Services available via the Rentsy Website may include materials from third-parties.
    2. Third-party links on the Rentsy Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining the content of those third-party websites and will not have any liability or responsibility for any third-party materials, websites or for any other materials, products, or services provided by third-parties.
    3. We are not liable for any harm related to the hire or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites or apps. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction with a third-party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 
    4. Our links with third-party websites should not be construed as an endorsement by us of the owners or operators of those linked websites and third parties, or of any information on those linked websites. 
    5. We accept no responsibility for the content of any advertisement appearing on an Rentsy Website or a service from a third-party. The inclusion of any advertisement on an Rentsy Website or a Service does not constitute a recommendation by us of the advertiser’s products.
    6. You must not create any hyperlink to the Rentsy Website on another website or app without our prior written permission. If you do create a hyperlink to the Rentsy Website or embed the Rentsy Website in another website, you do so at your own risk and you will be responsible for all losses we may suffer as a result of that conduct. 
  25. User Content 
    1. The User hereby grants to Rentsy and its Related Body Corporate a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate User Content to the extent reasonably required for the performance of Rentsy’s obligations and the exercise of Rentsy’s rights under this Licence. The User also grants to Rentsy and its Related Body Corporate the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in this Licence. 
    2. If, at our request, you send submissions or without a request from us, creative ideas, suggestions, proposals, plans, or other materials (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to:
      1. maintain any comments in confidence; 
      2. pay compensation for any comments; or 
      3. respond to any comments.
    3. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party;
  26. Maintenance Services 
    1. Rentsy may from time to time during the term of this Licence, provide Maintenance Services to the User but has no obligation to do so. 
    2. The User must apply each Update and Upgrade to the Rentsy Website made available by Rentsy through the Maintenance Services in a timely manner. 
    3. If the User does not apply an Update or Upgrade to the Rentsy Website, then in Rentsy’s discretion, the User may cease to have any right to use the Rentsy Website until such time as it does so. 
    4. The User acknowledges that the supply and licensing of Upgrades may, at the discretion of Rentsy, be subject to additional terms and conditions. 
  27. Disclaimer of Warranties and Limitation of Liability 
    1. We do not guarantee your use of our Services will be uninterrupted, timely, secure or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach to the terms of this License. To the extent permitted by law, we will not be liable to you should any of our Services contain errors, or become unavailable, interrupted, or delayed for any reason.
    2. You agree that every now and then we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use the Services is at your sole risk. To the maximum extent permitted by law, all warranties and conditions with regard to the Rentsy Website and the content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, accessibility, reliability, currency and accuracy are expressly disclaimed by Rentsy.
    3. Suitability for purpose – We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Rentsy Website and the content contained on the Rentsy Website (including any Products), for any purpose including in relation to the Services (except where express representations are made to the contrary). 
    4. Protecting your computer systems – To the maximum extent permitted by law, we do not accept responsibility for any loss or damage, caused in connection with your use of our Services or any linked website. You must take your own precautions to ensure that your hardware and software is free of viruses and that any content downloaded from the Rentsy Website is free from viruses and other unwanted applications (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operation of their computer systems.
    5. Limitation of Liability – YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE MEDI MARKET WEBSITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO THE MEDI MARKET WEBSITE, COMPANY PLATFORM, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT OR ANY OF THE CONTENT IS UNRELIABLE, NO LONGER CURRENT OR INACCURATE, THE SOLE AND EXCLUSIVE REMEDY IS FOR YOU IS TO DISCONTINUE USING THE MEDI MARKET WEBSITE.
    6. The Services may be used by you to buy and sell the Products from other Users , but you agree that Rentsy has no responsibility or liability to you related to Products provided to you by other Users other than as expressly set out in this Licence, and that the contractual relationship for the sale of any Product is solely between a User as Lender and User as the Hirer
    7. The limitations and disclaimer in this section 28 apply to the liability of us and our Related Body Corporates under this Licence, including in relation to any of the Services. Neither us nor any of our Related Body Corporates will be liable under or in connection with this Licence for any Products sold by a User as a Lender, or Products received by a User as a Hirer. However, if a User provides Products to you, the User who provided the Products will be exclusively liable to you for Products and any claim, loss, damages, cause of action resulting from the sale of the Products.
  28. General Warnings 
    1. You must ensure that your access to our Services is not illegal, unlawful or prohibited by laws which apply to you. You agree not to engage in any conduct that may impair or cause damage to the operation of our Services. 
    2. Our Services have been provided in accordance with Australian law but may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you live and if the details do not satisfy the laws of your jurisdiction, you must not use the Services or purchase or use any products from us.
    3. Nothing in the terms of this Licence is intended to exclude, restrict or modify any rights you may have under the Competition And Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement. 
  29. Indemnification and further warranties
    1. To the extent permitted by law, you agree to indemnify Rentsy, including our Related Body Corporates, subsidiaries, affiliates, directors and employees, against any claim or demand arising out of your breach of this Licence or your violation of any law or the rights of a third-party.
    2. If Rentsy is sued due to an action or inaction by you (including a breach of this Licence of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such a claim, you agree to assist us as reasonably requested.
    3. Each party warrants to the other party that it has the legal right and authority to enter into this Licence and to perform its obligations hereunder. 
  30. Severability 
    1. If any of the terms of this Licence are held to be invalid, unenforceable or illegal for any reason then that term (or part thereof) will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms will continue in full force. 
  31. Termination 
    1. We reserve the right to terminate your use of the Services for violating any of the prohibited uses in clause 7 or otherwise breaching any other term of this Licence.
    2. The obligations and liabilities of the parties incurred prior to the termination of this Licence will survive the termination of this Licence. Our disclaimers and limitations and exclusions of liability provided in this Licence survive any such termination.
    3. We may terminate this Licence at any time by notifying you, including by publishing a notice of this termination on the Rentsy Website or discontinuing availability of the Rentsy Website.
    4. If in our sole judgment you fail, or we suspect that you have failed, to comply with this Licence then we also may terminate this Licence at any time without notice and you will remain liable for all amounts due up to and including termination. Accordingly, we may deny you access to our Services. Rentsy may communicate termination by disabling the User’s login account which may occur as a result of a determination made by Rentsy in its discretion. 
  32. Assignment
    1. The User hereby agrees that Rentsy may assign Rentsy’s contractual rights and obligations under this Licence to its Related Body Corporate or to any successor to all or a substantial part of the business of Rentsy from time to time or to any third party, providing that, if the User is a consumer, such action does not serve to reduce the guarantees benefiting the User under this Licence. 
  33. Export control 
    1. The User acknowledges that the Products, materials and/or information supplied to the User under this User Licence may be subject to the Export Laws. 
    2. The User must comply with the Export Laws insofar as they affect the Products, materials and information supplied to the User under this User Licence. 
    3. Without prejudice to the generality of clause 34.2, the User: 
      1. must not import, export, supply, disclose, transfer or transmit any Products, materials or information supplied to the User under this Licence if such import, export, supply, disclosure, transfer or transmission would contravene any embargo or exclusion list applying under the Export Laws; and 
      2. must, where applicable, obtain all licences and consents required under the Export Laws for any import, export, supply, disclosure, transfer or transmission by or on behalf of the User of Products, materials or information supplied to the User under this Licence. 
  34. Entire Agreement 
    1. The failure of us to exercise or enforce any right under the terms of this Licence does not constitute a waiver of our rights.
    2. The terms of this Licence and any policies posted by us on our Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements or communications.
    3. Any ambiguities in the interpretation of the terms of this Licence will not be construed against us as the drafting party.
    4. We are not liable for any failure by us to comply with the terms of this Licence where such failure is beyond our reasonable control.
    5. If we waive any rights available to us under the terms of this Licence on one occasion, this does not mean that those rights will automatically be waived on any other occasion. 
  35. Governing Law 
    1. To the extent permitted by law, the terms of this Licence are to be governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and agree that the courts of Queensland are the exclusive forum in which to resolve any dispute arising in relation to this Licence. 
  36. Changes to this Licence
    1. You can review the most current version of this Licence any time at this page.
    2. We reserve the right, at our sole discretion, to update the terms of this Licence by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. If you continue to use our Services, following the posting of any changes, you will be deemed to have accepted those changes. Any new features added to the Services will also be subject to this Licence, as amended from time to time.
  37. How we handle e-mails 

When you access the Rentsy Website or send e-mails to us on any Rentsy Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Rentsy Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

 

 

 

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