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Owner (Peer-to-Peer) Terms & Conditions

These Owner (Peer-to-Peer) Terms and Conditions (P2P Owner T&Cs) will apply to you if you are: 

  • a customer of Releaseit Pty Ltd ACN 647 154 096 (Releaseit); 
  • seeking to advertise Goods for lease on a website provided by Releaseit; and
  • either:
    • not in the business of leasing out Goods (ie you do not lease out Goods on a commercial basis); or
    • in the business of leasing out Goods and have decided to proceed with Releaseit’s Peer-to-Peer Model as opposed to its Commercial Model.         

In these T&Cs, we, us and our refers to Releaseit.

1. Background

1.1 Releaseit owns, runs and carries on the business of providing an online platform, being the Releaseit website and mobile application (Site): 

  1. which connects: 
    1. those that are seeking to lease out Goods on a non-commercial basis (P2P Owners); and 
    2. those that are seeking to lease Goods from P2P Owners (P2P Seekers); and
  2. through which P2P Owners may create Listings for Goods that are advertised on the Site and P2P Seekers may learn about, negotiate and lease those Goods directly from P2P Owners.

1.2 Under this arrangement, Releaseit: 

  1. acts as an agent for P2P Owners by listing their Goods on its Site in exchange for a Listing Fee (Listing Services);
  2. offers the ability for P2P Owners to advertise and market their Goods on its Site in exchange for an Advertising Fee (Advertising Services)
  3. acts as an intermediary for P2P Owners and P2P Seekers to transact and is not considered a party to any Leasing Arrangement between a P2P Owner and P2P Seeker; and
  4. is not an insurer, property or real estate broker.

1.3 You are a P2P Owner and wish to connect to P2P Seekers by using the Services and the Site.

1.4 By using the Services through the Site, you acknowledge and agree that you have had entered into a binding agreement with us comprising:

  1. these P2P Owner T&Cs;
  2. the Terms of Use; and
  3. any other terms, documents or policies provided or adopted by us and provided or notified to the P2P Owner prior to or at the time the P2P Owner uses the Services or the Site generally,

(collectively this Agreement). You must comply with this Agreement at all times while using the Services and the Site generally. 

1.5 We may change the terms of this Agreement at any time by giving you notice by email or posting changes to the Site. Your use of the Site following any amendments will represent your agreement to be bound by the amended Agreement. We recommend   you read this Agreement each time you access the Site so you are familiar with the most current version of this Agreement. You may obtain the latest version of this Agreement from us or from the Site.

1.6 You should read the current version of this Agreement carefully and let us know if you do not understand any aspect of it before you commence using the Services or the Site.

1.7 If you do not agree to this Agreement, you must not use the Services or continue to access the Site. 

1.8 If you are in the business of leasing out Goods, you acknowledge and agree that: 

  1. any Leasing Arrangements or associated dealings on the Site will only be governed by this Agreement and our policies (ie not your own terms and conditions that you ordinarily use as part of your business); and
  2. you will be obliged to comply with any statutory requirements in relation to any Leasing Arrangements or associated dealings on the Site (for example, you must comply with any Australian Consumer Guarantees). 

2. Contractual relationship

2.1 Terms governing this Agreement

  1. We will provide the Services to you in accordance with this Agreement.
  2. Subject to your compliance with this Agreement, we will publish Listings on the Site for your Good(s) that are available for lease in exchange for your payment of our fees (see clause 9 for more information about our fees).      

2.2 Previous agreements

This Agreement replaces all previous agreements (whether verbal, written, or otherwise) between the parties relating to the Services.      

2.3 Independent contractor

You are an independent contractor, and you are not an employee or general agent of ours.  You are solely responsible for any payment of income tax, superannuation, payroll tax and any other administrative or operational function in relation to running your business or your relationship with us. 

3. Account users and Member profiles

3.1 Registering an account

  1. To use the Services and other parts of the Site, you must register with us and set up an account with your email address and a password (Account). The email address you register with must be your email address, and you are solely responsible for maintaining the confidentiality of your password. 
  2. You are solely responsible for all activities that happen under your Account and you must promptly notify us of any unauthorised use of your Account.
  3. You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Site and the Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
  4. When you create an Account, we may require you to verify your identity. 
    1. You warrant that all identity information and documents you provide are complete, current and accurate. 
    2. You undertake to notify us of any changes to these identity documents within five (5) Business Days (for example, changing your name or contact address).
    3. You permit us to verify your identity, including using the Document Verification Service (DVS) to confirm that the personal information you provide to us in your identity documents as evidence of your identity match the information held by the agency which issued that document (also known as the official record holder). Our use of DVS to verify your identity may involve the use of third party systems and services. You can find more information about DVS by visiting the DVS website, or by phone or email as follows: Website: http://www.dvs.gov.au/Pages/default.aspx; Phone: (02) 6141 6666; Email: DVS.Manager@ag.gov.au. You indemnify us for any claim or loss that we suffer as a result of any information that you provide to us in relation to this Agreement, Your Account or your use of the Site being incorrect or misleading in any way, whether intentionally or otherwise.      
  5. You may connect to the Site with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.
  6. You agree to provide any information we may reasonably require to provide you with the Services (for example, your bank account details for us to pay any monies owing to you) in a timely fashion.
  7. We may accept or reject any request for your Account registration at our sole discretion. 

3.2 Member profiles

  1. We will create an account profile for you using the information that you provide to us when you register your Account or by any other method (Account Profile). This Account Profile is accessible to you via the private section of the Site. Some information from your Account Profile, such as your profile photo, first name, contact details and reviews, may be made available to other users (including P2P Seekers, other P2P Owners and other non-member visitors of the Site).
  2. You are responsible for updating and maintaining the accuracy of your own Account Profile on the Site. You must ensure that any information posted in your Account Profile is correct and complete and not misleading.
  3. You warrant that any text, images or other content that would constitute intellectual property of any nature (Materials) that you include in your Account Profile or otherwise provide to us does not infringe on the intellectual property rights of any third party. You grant us a non-exclusive, irrevocable, worldwide, perpetual and royalty-free licence to use any Materials that you produce or provide, for the purpose of operating and marketing the Services, your Listings and the Site generally.

4. Listing your Goods on the Site

4.1 Listings will be made publicly available via the Site and P2P Seekers will be able to lease your Good(s) via the Site based upon the information provided in your Listing.

4.2 In order to list any Good as available for lease on the Site, you must create a Listing for the particular Good that includes (Listing Requirements):

  1. a detailed description of the Good including its current condition and existing defects;
  2. information and specifications (if applicable) about the Good including any registration details for the Good;
  3. any specific conditions for the leasing of the Good (if applicable) – for example: 
    1. collection and drop-off times/ location;
    2. if the Good is rental accommodation that is located in New South Wales, you must provide the registration number that you received when you registered your property on the NSW Premises Register (without this registration, you cannot list your Good on the Site);
    3. fuel or cleaning responsibility in connection with part or all of the Good;
    4. whether the P2P Seeker requires a licence to operate or lease the particular Good – if this option is selected, you must request and obtain evidence that the P2P Seeker holds a valid and appropriate licence. In addition, you must independently verify this information by taking a photograph of the licence and satisfying yourself as to its authenticity before you hand over the Good to the P2P Seeker.  We will not under any circumstances be liable for any loss or damage resulting from or arising in connection with your failure to collect this information/ evidence or any errors, inaccuracies or misrepresentations in this information; 
  4. photographs showing all aspects and angles of the Good; 
  5. a Listing Price that reasonably reflects the market price for leasing that Good; and
  6. the availability of the Good.

4.3 The Listing Requirements must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief and must not otherwise misrepresent the standard and/or condition of the Good. Accordingly, you must regularly review the Listing Requirements to ensure they are accurate.

4.4 Whilst we may makes certain tools available to you to help you to make informed decisions about how to price your Good, what information to include in your Listings Requirements or which P2P Seekers are highly rated, you acknowledge and agree that you are responsible for your own acts and omissions 

4.5 A separate Listing will be required for each Good that you intend to make available for lease on the Site.

4.6 In the event that the Good becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable. 

4.7 We may, from time to time and acting reasonably, direct you to amend some or all of your Listings on the Site, which may include a direction to add more information or additional photographs.  You agree to comply with any such directions. Despite this, 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 leasing of, or P2P Seeker’s use of, a Good 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 Good included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of vehicles, residential and other properties; and
    2. not conflict with the rights of third parties.
  3. Please note that we assume no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We  reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, considers to be objectionable for any reason, in violation of this Agreement or our then-current policies available on the Site, or otherwise harmful to the Site.

4.8 You will be responsible for: 

  1. determining the: 
    1. Listing Price that will appear on each of your Listings on the Site; and
    2. Security Deposit that will appear on each of your Listings on the Site; and
  2. negotiating an Agreed Leasing Fee should a P2P Seeker request a price that is different to the Listing Price. In this respect, you understand and agree that whilst a P2P Seeker is entitled to attempt to negotiate the Listing Price, you are equally entitled to reject any such negotiations at your discretion.

4.9 Releaseit is the provider of the Site only. You acknowledge that we: 

  1. do not own, create, offer, lease, use, provide, control, manage, offer, deliver, or supply any Goods for lease. You are responsible for your Goods, and the information provided in each of your Listings published on the Site; 
  2. have been appointed by you as your limited agent solely for the purpose of:
    1. marketing and promoting the leasing of your Goods; and 
    2. accepting, on your behalf, payments from P2P Seekers of such amounts pursuant to your Leasing Arrangements,

      and we have accepted that appointment; and
       
  3. do not act as an insurer or as your contracting agent. If P2P Seeker requests to lease one of your Goods, any agreement you enter into with such P2P Seeker is between you and the P2P Seeker and we are not a party to it. 

4.10 You must cooperate with us in all reasonable respects in connection with the provision of the Services. 

4.11 Unless otherwise specified by us in writing, we do not guarantee any particular placement or position for any of your Goods that are advertised on the Site. You acknowledge that we have total control over the content, look and layout of the Site and any associated marketing materials.

5. The Leasing Process

5.1 Receiving a leasing request from a P2P Seeker

Upon first receiving an offer from a P2P Seeker to lease a Good that is listed on the Site or upon receiving an enquiry from a prospective P2P Seeker, you must communicate with the P2P Seeker: 

  1. in a timely fashion;  
  2. in good faith; and
  3. to assess whether they are suitable to lease the Good. This may include negotiating an Agreed Leasing Fee (if the P2P Seeker does not agree with the Listing Price), discussing the availability of the Good, collection location and times etc.

5.2 Rejecting an offer to lease a Good

If you decide to reject a P2P Seeker’s offer to lease a Good:

  1. no fees will be charged to either party; and
  2. the P2P Seeker will then have to decide whether they intend to submit an updated offer for your consideration or whether they want to cease negotiations altogether with you. 

5.3 Accepting an offer to lease a Good 

  1. Upon confirmation that you and a P2P Seeker have agreed to proceed with a Leasing Arrangement, we will collect the Agreed Leasing Fee and Security Deposit from the P2P Seeker. 
  2. We will notify you by email or text message once we have collected the Agreed Leasing Fee and Security Deposit from the P2P Seeker. You must not proceed with the Leasing Arrangement until you have received this notification from us because you may not be paid.   

5.4 The Releaseit Messaging Platform

  1. All communications between you and a P2P Seeker should be completed using the Releaseit Messaging Platform available through the Site because this will allow us to easily and quickly access these messages if there is a dispute or issue that arises between you and a P2P Seeker in relation to a Leasing Arrangement.
  2. When you upload or send information or other content to or via the Site (including through the Releaseit Messaging Platform), you grant us permission to access and utilise this information as required under this Agreement.

5.5 Commencement of Leasing Arrangement

  1. Upon receipt of the notification at clause 5.3 from us, you must:
  2. agree with the P2P Seeker to meet at a mutually acceptable location for the Leasing Arrangement to commence; and
  3. inspect the Good, take time-stamped photographs of it immediately prior to providing it to the P2P Seeker and retain these photographs. Failure to do so may mean that you may be liable for any Damage and Loss to the Good, even if that Damage and Loss may have occurred after you gave possession of the Good to the P2P Seeker;
  4.  conduct an inventory review (if applicable); 
  5. explain to the P2P Seeker the safe use, operation and handling of the Good; and
  6. obtain any evidence of the P2P Seeker’s licence if they are required to have one to operate or use the Good.

5.6 Your obligations during the Leasing Arrangement

  1. During the Leasing Arrangement, you must be reasonably available to: 
    1. assist the P2P Seeker by answering any questions and resolving any issues or faults that have arisen during the Leasing Arrangement; and
    2. consider, accept or reject a request from the P2P Seeker for an extension of a Leasing Arrangement (see clause 5.7 for further information).
  2. If you will not be contactable during a Leasing Arrangement, then you must:
    1. provide the P2P Seeker with the mobile phone number and email address of a person who is responsible for your Good (Your nominated representative); or
    2. ensure that your Good is not made available for leasing during that time.

5.7 Extension to a Leasing Arrangement

  1. If, during the Leasing Arrangement, the P2P Seeker would like to extend the Leasing Arrangement, they must submit a new offer to lease the Good for the additional period through the Site (ie restart the process outlined in this clause 5) before the scheduled end of the initial Leasing Arrangement.  This new offer, if accepted, will be considered a separate Leasing Arrangement for the purposes of this Agreement.  
  2. This separate Leasing Arrangement will be subject to: 
    1. the P2P Seeker complying with any particular requirements you stipulate (for example, returning the Good to you for inspection before the separate Leasing Arrangement can commence). However, you must ensure that any such requirements are satisfied before you accept the offer;
    2. you accepting the P2P Seeker’s offer to enter into a separate Leasing Arrangement for the extended period; 
    3. the P2P Seeker paying to us the additional Agreed Leasing Fee and additional Security Deposit associated with this separate Leasing Arrangement; and
    4. us providing you and the P2P Seeker with confirmation that we hold the additional Agreed Leasing Fee and additional Security Deposit (collected from the P2P Seeker) associated with this separate Leasing Arrangement.
  3. You may reject or accept the extension request at your sole discretion, but must do so in a timely manner.
  4. If the requirements in clause 5.7(b) are not satisfied, the P2P Seeker’s offer will be considered rejected and you must retake possession of the Good as required by clause 5.8 below. 

5.8 Retaking possession of the Good following the completion of the Leasing Arrangement

  1. At the end of the Leasing Arrangement, you must:
    1. ensure that you are available to re-take possession of the Good from the P2P Seeker at the previously agreed upon time and location (these details will be noted in your Leasing Arrangement details on the Site);
    2. promptly record on the Site the date and time that the Good was returned, failing which the return date and time will be deemed to have occurred at the scheduled end of the Leasing Arrangement (these details will be noted in your Leasing Arrangement details on the Site);

      Note: The return date and time that you are required to record on the Site under this sub-clause (or if you have failed to do this, the scheduled end of the Leasing Arrangement) will hereafter be referred to as the Completion Date. ;
       
    3. inspect the Good, take time-stamped photographs of it immediately upon its return by the P2P seeker and retain these photographs. Failure to do so may mean that you are liable for, any Damage and Loss to the Good, even if that Damage and Loss may have occurred before you re-took possession of the Good;
    4. review the inventory for any missing items (if applicable); and
    5. inspect the Good and: 
      1. report to us any Damage and Loss to the Good that you identify; and/or
      2. submit photographs of any new Damage and Loss you find, within 5 Business Days of the Completion Date of the Leasing Arrangement, unless it is not possible for you to have identified any particular Damage and Loss in that time period. Failure to do so within this time period will have the effect that:
        1. you will be liable for any Damage and Loss even if that Damage and Loss may have occurred before you re-took possession of the Good; and
        2. the Security Deposit is no longer available to cover any damages because it will have already been returned to the P2P Seeker (see clause 5.9(a) for when the Security Deposit is returned to a P2P Seeker).

          Any dispute between you and a P2P Seeker in relation to the Damage and Loss caused to the Good will be dealt with in accordance with our Dispute Resolution Policy.
  2. If the P2P Seeker fails to return the Good within 24 hours after the scheduled end of the Leasing Arrangement, this will be taken to be theft of the Good and you may:
    1. report the Good as stolen; and/or
    2. take steps to locate, recover and repossess the Good, or engage a third party to recover the Good, without further notice to the P2P Seeker.

      Please notify us (for information purposes only) prior to taking any of the above steps.

5.9 Payments following the completion of the Leasing Arrangement

  1. We will (no less than 6 Business Days after the Completion Date):
    1. release the Security Deposit (if applicable) back to the P2P Seeker unless you have notified us (or reported to us) within 5 Business Days of the Completion Date that:  
      1. there has been Damage and Loss to the Good;
      2. the Good has not yet been returned (for example, when a Leasing Arrangement is extended by agreement between you and a P2P Seeker);
      3. the Good has been returned late;
      4. there is an ongoing dispute between you and the P2P Seeker; or
      5. the P2P Seeker has otherwise breached its obligations under the Seeker (Peer to Peer) Terms and Conditions;
    2. pay the Agreed Leasing Fee (less the Commission and any other fees) to you unless:
      1. we have been notified within 5 Business Days of the Completion Date that there is an ongoing dispute between you and the P2P Seeker;
      2. you have not provided us with your bank account details to make this payment to you; or
      3. you have otherwise breached your obligations under this Agreement.
  2. In relation to the payment of Agreed Leasing Fee, you acknowledge that payments may take some time to land in your account, depending on your financial institution and when you provide us with your bank account details.

6. Liability for Damage and Loss to a Good

6.1 Under any Leasing Arrangement between you and a P2P Seeker, the P2P Seeker will be liable for any Damage and Loss caused to the Good during the term of the Leasing Arrangement, subject to both you and the P2P Seeker:

  1. (if you and the P2P Seeker can agree to the Damage and Loss caused during the Leasing Arrangement) agreeing to the nature of the Damage and Loss that was caused by the P2P Seeker during the Leasing Arrangement; or 
  2. (if you and the P2P Seeker cannot agree to the Damage and Loss caused during the Leasing Arrangement) providing us with your evidence (generally in the form of comparison between time-stamped photographs taken immediately before and following the completion of the Leasing Arrangement) so that we can make an assessment of the Damage and Loss and any associated liability. Both you and the P2P Seeker agree to be bound by our decision following this assessment, which will be handled in accordance with our Dispute Resolution Policy

6.2 You will be deemed to be in possession of the Good for all times other than when a P2P Seeker is in possession of the Good.

6.3 If it is proven that the Damage and Loss was caused by the relevant P2P Seeker, a claim will be made on part or all of the Security Deposit that we hold on behalf of the P2P Seeker. If the Security Deposit is not sufficient to cover the entirety of the Damage and Loss, we will attempt to process the payment details provided by the P2P Seeker for this additional amount. In the event that we cannot process these payment details, you must seek to resolve the matter directly with the P2P Seeker.  

6.4 You acknowledge and agree that any legal claim or remedy that you seek to make or obtain under a Leasing Arrangement, or for actions or omissions of P2P Seekers or third parties will be limited to the particular P2P Seeker or third party and you agree not to attempt to claim against or impose liability on or seek any legal remedy from us with respect to such actions or omissions. If you have a dispute with or claim against one or more P2P Seekers or third parties (for example, where your Good is subject to Damage and Loss), you release us (and our officers, directors, agents, and employees) from liability (howsoever arising, whether under contract, tort, stature or otherwise) in any way connected with such disputes or claims unless that claim, loss, cost or expense is a direct result of our negligence or breach of this Agreement. 

7. Liability for Infringements, Tolls or other fines

7.1 A P2P Seeker will be responsible for any Infringement Notice, Tolls, fine or charge (both monetary and non-monetary) that are incurred during a Leasing Arrangement for a particular Good unless you have contributed to these matters (for example, if the Infringement Notice was issued because your Good was not registered as required under any law).

7.2 If you receive an Infringement Notice, Toll, fine or charge (both monetary or non-monetary) that you believe is the responsibility of a P2P Seeker, you should promptly notify the P2P Seeker and cooperate with them to ensure the Infringement Notice, Toll, fine or charge is assigned to the appropriate P2P Seeker for resolution. 

7.3 If you dispute your liability for an Infringement Notice, Toll, fine or charge, then you may raise the dispute with us and we will deal with it in accordance with the Dispute Resolution Policy.

8. Cancellation of Lease Arrangements

8.1 We provide all P2P Seekers and P2P Owners with the ability to cancel a booking in accordance with our Cancellation Policy. 

8.2 You agree to comply with our Cancellation Policy.

8.3 You acknowledge and agree that a booking is deemed cancelled: 

  1. when either you or the P2P Seeker clicks the cancel button associated with relevant Leasing Arrangement on the Site; or 
  2. in any other circumstances outlined in our Cancellation Policy (for example, where we are unable to take a pre-payment of the Agreed Leasing Fee and Security Deposit from the P2P Seeker’s payment method). 

8.4 If there is a dispute that arises in connection with a cancellation fee, you must notify us within 5 Business Days of this dispute and allow us to resolve the dispute in accordance with our Dispute Resolution Policy

9., Releaseit Fees

9.1 By using the Listing Services and the Site, you authorise us to deduct the Listing Fee from the Agreed Leasing Fee associated which each Leasing Arrangement that you enter through the Site.

9.2 By using the Advertising Services, you agree to pay to us the Advertising Fee in accordance with the tax invoice that we issue to you. 

10. Your duties

10.1 Standard of the Goods

You must ensure that the Goods listed on the Site are:

  1. maintained, serviced and repaired in accordance with any manufacturer’s or industry standards, as well as any applicable law;
  2. accurately described in any Listings;
  3. compliant with and meet any extra promises made about performance, condition and quality of the Goods;
  4. fit for its intended purpose, clean, in good operating condition, and (where applicable) and roadworthy at all times;
  5. (where applicable) registered in the state or territory in which it is made available for leasing;
  6. (if the Good is a rental accommodation located in New South Wales):
    1. registered on the NSW Premises Register and you have obtained and disclosed in your Listing the relevant registration number; and
    2. not listed on the NSW Exclusion Register;
  7. (if the Good is a boat or water vessel) compliant with the requirements set out by the Australian Maritime Safety Authority including that you hold a current:
    1. Certificates of Survey for the vessel; and
    2. Certificates of Operation for the vessel;
  8. safely operable by any P2P Seeker and (where applicable) contain a fuel tank that is more than ½ full at the start of the Leasing Arrangement (unless you have disclosed otherwise in your Listing);
  9. not and have not been altered in any way that materially changes the performance, appearance or purpose of the Good, except with our written permission;
  10. in compliance with all applicable laws and regulations in Australia or any part of Australia in which the Goods will be used; and
  11. covered by an appropriate insurance policy that is acceptable to you and/or required under any applicable law, noting that you will ultimately be responsible for determining the adequacy of any insurance  you put in place for the Good that you have listed on the Site. We recommend that you review any insurance policy that you may have for your Goods carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. This may include, but is not limited to, whether or not your insurance policy will cover the actions or inactions of P2P Seekers while leasing your Goods. 

    For the avoidance of any doubt, we confirm and you acknowledge that: 
    1. we are not an insurer and are not providing insurance to you or a P2P Seeker in respect of the Leasing Arrangement or Good; and
    2. we have no liability to you or the P2P Seeker in the event that the insurance cover (or lack thereof) for the Good is insufficient, ineffective or inadequate, or if indemnity under the policy is denied.

      You will be solely responsible for any failure to comply with this clause.

10.2 General obligations   

  1. You must provide P2P Seekers with any relevant leasing services in an efficient, honest and business-like manner and in accordance with sound practices and in good faith at all times.  Without limiting this general obligation, you must:
  2. use the Services, interact and communicate with other parties on the Site (including P2P Seekers and us) in an efficient, friendly, forthcoming and timely manner;
  3. comply with all applicable laws in relation to the Listing of the Goods on the Site, the leasing of the Goods and your behaviour on the Site;
  4. (for rental accommodation in Australia) comply with any specific requirements outlined by an owner’s corporation (if the rental accommodation is located in a strata development), local council or any other relevant authority;
  5. (for rental accommodation in New South Wales) comply with the Code of Conduct for the Short-term Rental Accommodation Industry and with NSW Fair Trading in its enforcement and administration of this code;
  6. comply with our policies made available on the Site (as amended from time to time) including but not limited to the following:
    1. Dispute Resolution Policy
    2. Cancellation Policy;
    3. Review Policy;
    4. Privacy Policy; and/or
    5. any other policies, apos advised from time to time, when required to do so; 
    6. ensure that you are legally permitted to lease out the Good(s) on the Site;
  7. at all times hold any licences, permits, insurances and authorisations required to be held by you to perform your obligations under this Agreement;
  8. inform us promptly, and in any event no later than two (2) Business Days, after you become aware of any:
    1. claim that is made against you or us in relation to your activities in relation to this Agreement; and
    2. breach of any law, including in particular the National Consumer Credit Protection Act 2009 (Cth) (if applicable) in respect of your conduct; and
  9. notify us of any breach of your data including any information relating to us, our P2P Seekers or any of your obligations under this Agreement regardless of whether or not the data breach constitutes a notifiable data breach under the Privacy Act 1998 (Cth).

10.3 Indirect solicitation

You must not directly or indirectly:

  1. solicit or attempt to solicit any P2P Seekers introduced to you through the Site to lease your Goods directly from you; and/ or
  2. seek, or request, payment directly from the P2P Seeker with a cheque, cash, or any payment method other than by payment through the Site.

10.4 Accurate information

  1. You must use your best endeavours to ensure that information provided to us (and P2P Seekers) or that is available on the Site in relation to your Goods are accurate.
  2. You must comply with our procedures in respect of the collation and presentation of the information we require about your Goods.  You must not provide any information which you know or ought to have known is or is likely to mislead or is fraudulent.

10.5 No misleading or deceptive conduct

You must not engage in any misleading or deceptive conduct in relation to: 

  1. this Agreement;
  2. any Goods that you advertise on the Site; or
  3. any of your dealings or communications on the Site (including any Leasing Arrangements).

10.6 Not use our advertising material

You must not use any advertising or promotional material that names us in any way, without our prior written consent.

10.7 Not use our name or logo

You must not use our name or logo in any way, without our prior written consent.

10.8 Our portal 

  1. We may from time to time provide you with access to a portal through the Site, which will allow you to submit your Goods for lease through the Site (Portal).
  2. You must only use the Portal for the purpose of the purpose at sub-clause (a) and for otherwise performing your obligations in a timely manner under this Agreement.
  3. You must not copy, alter, tamper, reverse engineer, repair or attempt to repair the Portal (or any part of it, including the base software to the Portal) or cause, or allow, a third party to do any of these acts.
  4. You must not corrupt or attempt to corrupt any material, data or information stored in or accessible through the Portal and must not enter into the Portal any material, data or information you know to be incorrect, misleading or deceptive.
  5. You are solely responsible for selecting, supplying and maintaining your own facilities, equipment and network connections to use and access the Portal.
  6. You must ensure that any user identification details provided to you will not be disclosed or transferred to any other person.
  7. You must maintain adequate anti-virus and other security software to prevent unauthorised third parties from accessing the Portal.
  8. You must promptly notify us if you become aware, or reasonably suspect, that:
    1. another person has obtained unauthorised access to the Portal or to any user identification details provided to you; or
    2. there is a threat to the secure operation of the Portal.
  9. We are not liable for any interruption or other malfunction to the Portal.
  10. You must comply with our reasonable requirements in relation to the Portal.
  11. You must keep confidential any information regarding the Portal and must not allow any person to connect to or have access to the Portal without our prior written consent.  You must take reasonable efforts to ensure that any person who has access to the Portal does not make any unauthorised use, modification, reproduction or disclosure of that information.  You may make any disclosure required by law.
  12. We retain ownership of the Portal at all times.
  13. We may cancel or suspend your use of the Portal and/or the Site generally at any time without notice if:
    1. we have reason to believe a default event may or has actually occurred;
    2. the use of the Portal has or may become unlawful or subject of a third party claim; or 
    3. we decide to withdraw or decommission the Portal.
  14. We are not liable for any loss, damage, breach, or breach of contract arising out of use of, or in connection with the Portal.
  15. We make no warranties or representations as to the accuracy or reliability of the Portal.

11. Our duties

11.1 Upon acceptance of a Leasing Arrangement between you and a P2P Seeker, we will collect the Agreed Leasing Fee and Security Deposit from the P2P Seeker. All financial transactions between the parties will be processed by a third-party electronic payment system (the Payment Processor) embedded in the Site. By using the Payment Processor, you also confirm that you have read and agree to the terms and conditions applying to that service.

11.2 We will secure and manage the Security Deposit payable by the P2P Seeker (if applicable) and payment of the Security Deposit amount by the P2P Seeker.

11.3 We will, in our absolute discretion promote your Goods and Listings on the Site as reasonably appropriate. 

12. Reviews

12.1 Providing reviews about P2P Seekers, P2P Owners, Listings, the Service and the Site are important to give users as much information as possible. Both P2P Owners and P2P Seekers are requested to submit reviews following the completion of each Leasing Arrangement. 

12.2 You must abide by the Review Policy published on the Site when providing feedback, including by not posting any abusive, defamatory, obscene or intimidating material or statements.

13. Disputes Resolution between you and a P2P Seeker

This clause does not apply to disputes between you and us – those disputes must be dealt with under clause 14 of this Agreement.      

13.1 Any disputes between you and a P2P Seeker must be dealt with in accordance with our Dispute Resolution Policy. A party must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of the dispute until it has complied with our Dispute Resolution Policy.      

14. Disputes between you and us

This clause does not apply to disputes between you and a P2P Seeker – those disputes must be dealt with under clause 13 of this Agreement.

14.1 Determination of disputes

Any disputes between you and us must be dealt with in accordance with our Dispute Resolution Policy.

14.2 No legal proceedings

The parties must not bring or maintain any action on any dispute (except for urgent injunctive relief to keep or protect a particular position) until it has been referred and determined as provided in this clause.

15. Indemnity and Limitation of Liability

15.1 Limitation of liability

  1. All Leasing Arrangements between you and P2P Seekers are carried out entirely at your own risk. We and our officers, directors, investors, contractors, agents and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that you may have made in connection with this Site, or the your use of the Site. You rely on information provided by P2P Seekers at your own risk. We do not, control, inspect, endorse, approve or check the availability, condition or nature of the Goods or the accuracy, currency, truth or completeness of the information provided by P2P Seekers and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out Leasing Arrangement.
  2. The Services including the Site and payment system, comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by this Agreement. Nothing in this Agreement affects your statutory rights as a consumer. We give no warranties beyond the consumer guarantees that are not expressly set out in this Agreement. In particular, to the extent not prohibited by law:
    1. you acknowledge that with the exception of a major failure that continues un-remedied for 72 hours, the delivery of the Services (including the availability of the Site) is not time critical. We will supply the Services within a reasonable time, and we give no other warranty or guarantee in relation to the availability of the Services (including the Site), or that access to the Services (including the Site) will be free from interruptions or errors;
    2. the Services depend upon telecommunications, cloud storage and other services delivered to us and P2P Seekers by third parties, the availability of which we cannot control;
    3. if we fail to supply the Services within a reasonable time, or otherwise fail to comply with a consumer guarantee, we will not be liable for any damage, loss or cost, including without limitation loss of expected revenue, loss of profit or loss of opportunity, that is not reasonably foreseeable.
  3. To the extent that our liability to you for any claim, loss, cost, damage or expense cannot be excluded, our liability will be limited to the lesser of: 
    1. an amount that is equivalent to the value of five (5) days rental for the particular listed Good calculated on the average daily rate for that Good for the preceding three-month period; or
    2. $1,000. 
  4. To the extent permitted by law and unless otherwise expressly agreed, we do not provide and expressly exclude all warranties whether implied by statute or otherwise in respect of any of the services to be provided by us, including but not limited to, provision of the Site.

15.2 Indemnity

You indemnify us on a continuing basis against all or any actions, suits, claims, demands, loss, losses, damages, liabilities,  costs and expenses of any nature (including without limitation civil and criminal penalties to the extent permitted by law) suffered or incurred by us at any time actually or contingently arising directly or indirectly from:

  1. any failure by you to comply with any provision of this Agreement (including any failure to comply with any procedures specified by us from time to time);
  2. any dishonest, fraudulent, reckless, or negligent act or omission by you or any employees, agents, or contractors of you;
  3. any failure by you to comply with any law;
  4. defending any claim made against us (either jointly with you or not) in respect of your activities irrespective of whether you are ultimately found to be at fault; and
  5. any conduct of you as a result of the negligence of or breach by or malpractice and fraud on your behalf.

15.3 Apportioning liability

You acknowledge that your liability with respect to the indemnification provided by you in this Agreement cannot be apportioned to any other party and that legislation regarding proportionate liability will not apply to a claim by us under the above indemnity or otherwise with respect to this Agreement.

15.4 Deducting and Appropriating

If, acting reasonably, we consider that an amount may be payable under the indemnity, we may deduct and appropriate that amount from any amount payable to you under this Agreement.

16. Warranties

16.1 You warrant and represent that:

  1. you have the legal capacity to enter this Agreement; 
  2. you have abided by Agreement;
  3. you are the registered owner of any Good that you list on the Site and if you are not the registered owner of the Good, the registered owner has given you permission to make the Good available for leasing through the Site;
  4. by entering into this Agreement, you are not breaching any laws;
  5. the content and use of the Services do not, and will not at any time, infringe any intellectual property rights or any other right of any person; and
  6. any information that you have given to another party in connection with this Agreement is true and accurate in all material respects and not misleading in any material respect (including by omission) as at the date of this Agreement or, if given later, when given.

17. Termination

17.1 Termination for default

  1. We may terminate your agreement with us with immediate effect by giving you notice in writing if any of the following occur (all an Event of Default):
  2. you are involved in any fraud, forgery or misrepresentation in respect of any of the Goods advertised on the Site or services provided to P2P Seekers;
  3. you fail to perform any provision of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of written notice;
  4. you do anything to defame, discredit, or harm our business interests, reputation, or operations, or any other person associated with us;
  5. you stop payment.

17.2 Voluntary termination

Either party may terminate this Agreement (which incorporates these P2P Owner T&Cs and the Terms of Use) at any time upon ten (10) Business Days’ notice to the other. 

18. Rental Credit

We may introduce various promotions or campaigns from time to time that allow P2P Owners and P2P Seekers to earn Rental Credits. For more information on these promotions/ campaigns, please refer to the relevant terms and conditions.

19. Definitions and interpretation

19.1 Definitions

The following definitions apply unless the context requires otherwise.

Advertising Fee means the fee payable by you to us for the provision of the Advertising Services.

Agreed Leasing Fee means the total fee agreed between you and a P2P Seeker for the leasing of a Good under a Leasing Arrangement.

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in New South Wales.

Completion Date has the meaning outlined at clause 5.8(a)(ii).

Damage and Loss means:

  1. damage to the Good that requires repair or replacement (excluding normal wear and tear);
  2. loss arising from theft of the Good or fire damage to the Good;
  3. recovery charges (if applicable);
  4. fees and charges relating to the assessment or quantification of the loss or damage; and
  5. any third party loss or damage, including any applicable taxes.

Good means any good, service or property that you have listed on the Site as available for lease.

GST has the meaning given by section 195-1 of the GST Act or any replacement or other relevant legislation and regulations.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).

Infringement Notice means the notification of any offence associated with a Leasing Arrangement or a Good (including for example, a driving offence).

Leasing Arrangement means an agreement between you and a P2P Seeker to lease a Good: 

  1. for an agreed period;
  2. for the Agreed Leasing Fee; and
  3. in accordance with this Agreement, the Seeker (Peer-to-Peer) Terms and Conditions and other relevant terms and conditions.

Listing means an advertisement or post on the Site offering a Good as generally available for lease.

Listing Fee means a fee paid to us for the Listing Services, as a percentage of each Agreed Leasing Fee collected in relation to each Leasing Arrangement. This commission will be 20%.

Listing Price means the price listed on a Listing, as decided by you. 

Releaseit Messaging Platform means the instant messaging service that is available on the Site and allows you to communicate with P2P Seekers

Rental Credit represents credits that can be: 

  1. earned by P2P Owners and P2P Seekers; and
  2. applied by P2P Seekers towards payments of the Agreed Leasing Fee for any Leasing Arrangement. 

Security Deposit means a mandatory payment deposit set by you: 

  1. that is collected by us prior to the commencement of each Leasing Arrangement;
  2. to cover the loss, damage, theft, late return of the leased Good or access device e.g. key, swipe card, remote control or any other fees that may be payable in relation to a Good (for example, fuel usage);
  3. that is collected from a P2P Seeker, is held by us for the duration of each Leasing Arrangement and is applied as set out in this Agreement.

Services means individually and collectively the Listing Services and the Advertising Services.

Toll means an amount charged by the owner or operator of a toll road, and includes any penalties, fees or other amounts charged in relation to the late payment of a toll.

Interpretation

In this document, unless the context requires otherwise:

  1. the singular includes its plural and vice versa;
  2. words denoting any gender include all genders;
  3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  4. headings are for convenience only and do not affect interpretation;
  5. a reference to a party to this Agreement includes its successors and permitted assigns;
  6. a reference to a particular day or time is to that day or time in New South Wales;
  7. a reference to any agreement (including this Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
  8. a reference to this Agreement includes any schedules and annexures to this Agreement;
  9. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
  10. a reference to dollars or $ is to Australian currency;
  11. a reference to legislation (including subordinate legislation) or a provision of it is to that legislation or provision as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; 
  12. words such as including or for example do not limit the meaning of the words preceding them;
  13. an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally; and
  14. nothing in this Agreement is to be interpreted against a party solely on the ground that the party or its advisers drafted it.

20. General provisions

20.1 GST

  1. The charges and all other amounts payable under this Agreement are expressed inclusive of GST. 
  2. If GST is payable by a supplier (or by the representative member for a GST group of which the supplier is a member) on any supply made under or in relation to this Agreement, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply.  The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.
  3. If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.
  4. This clause is subject to any other specific agreement regarding the payment of GST on supplies

20.2 Further assurances

Each party must promptly do all things necessary in order to give effect to this Agreement.

20.3 Severability

If a provision in this Agreement is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid.  No provision in this Agreement will otherwise be affected in any jurisdiction.   

20.4 Consent to use of electronic communications

The parties to this Agreement consent to the use of electronic communications as a means of communicating about this Agreement and the matters contained within it. 

20.5 Notices

A notice or other communication to or by a party under this Agreement:

  1. must be in writing; 
  2. must be delivered by email to:
    1. in the case of Releaseit, to legal@releaseit.com.au; and
    2. in the case of you, to your current email address that we hold in our records;
  3. subject to paragraph (d), is deemed to be effective one Business Day after the date shown on the email of the sender, unless:
    1. the sender receives an automated notification that the email has not been received by the intended recipient, in which case the notice is deemed to not have been served at the time of sending; or
    2. receipt is acknowledged by the recipient sooner than one Business Day, in which case the notice is deemed to have been served at the time the receipt is acknowledged;
  4. if delivered or received on a day which is not a Business Day, it is taken to have been delivered or received on the following Business Day and, if delivered or received after 4:00pm (addressee’s time), then notice is taken to have occurred at 9:00am on the following Business Day.

20.6 No assignment

Unless provided to the contrary in this Agreement, a party is not capable of assigning, novating or encumbering any right or liability under this Agreement without the prior written consent of each other party.     

20.7 No merger

Unless provided to the contrary in this Agreement, the rights and obligations of the parties under this Agreement do not merge on completion and will survive after completion.  

20.8 Remedies

Unless provided to the contrary in this Agreement, the rights and powers under this Agreement are in addition to, and do not exclude or limit, any right or power provided by law or equity.   

20.9 Waivers

A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.  Any failure or delay by any party to exercise any power or right or rely on a remedy under this Agreement does not operate as a waiver of that power, right or remedy.  

20.10 Governing law

The laws of New South Wales govern this Agreement.  

20.11 Jurisdiction

Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and waives any right to claim that those courts are an inconvenient forum.