Seeker (Peer-to-Peer) Terms & Conditions
These Seeker (Peer-to-Peer) Terms and Conditions (P2P Seeker T&Cs) will apply to you if you are:
In these T&Cs, we, us and our refers to Releaseit.
1.1 Releaseit owns, runs and carries on the business of providing an online platform, being the Releaseit website and mobile application (Site):
- which connects:
- those that are seeking to lease out Goods on a non-commercial basis (P2P Owners); and
- those that are seeking to lease Goods from P2P Owners (P2P Seekers); and
- 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:
- acts as an agent for P2P Owners by listing their Goods on its Site and marketing those Listings in exchange for a fee;
- 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
- is not an insurer, property or real estate broker.
1.3 You are a P2P Seeker and are seeking to use the Site to connect with P2P Owners for the purpose of leasing various Good(s) (the Services).
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:
- these P2P Seeker T&Cs;
- any other terms, documents or policies provided or adopted by us and provided or notified to the P2P Seeker prior to or at the time the P2P Seeker uses the Services or the Site generally, (collectively this Agreement). You must comply with this Agreement at all times while using the Services and 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 generally.
1.7 If you do not agree to this Agreement, you must not use the Services or continue to access the Site.
2. Contractual relationship
2.1 Terms governing this Agreement
We will provide the Services to you in accordance with this Agreement.
2.2 Previous Agreements
This Agreement replaces all previous agreements (whether verbal, written, or otherwise) between the parties relating to the Services.
3. Account users and Member profiles
3.1 Registering an account
- 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.
- 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.
- 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 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.
- When you create an Account, we may require you to verify your identity.
- You warrant that all identity information and documents you provide are complete, current and accurate.
- 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).
- 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.
- We may accept or reject any request for your Account registration at our sole discretion.
- We reserve the right to terminate your Account registration at any time if you breach this Agreement.
3.2 Member profiles
- 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 Owners, other P2P Seekers and other non-member visitors of the Site).
- 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.
- 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 Service and the Site generally.
4. Operative provisions
4.1 The Site contains advertisements for Goods that are available for lease from P2P Owners.
4.2 Releaseit is the provider of the Site only. You acknowledge that we:
- do not own, create, offer, lease, use, provide, control, manage, offer, deliver, or supply any Goods for lease. The P2P Owners are responsible for:
- their Goods that are available for lease on the Site; and
- the information provided in their Listings about their Goods available for lease on the Site;
- have been appointed by the P2P Owner as its limited agent solely for the purpose of:
- marketing and promoting the leasing of the P2P Owner’s Goods; and
- accepting, on the P2P Owner’s behalf, payments from P2P Seekers of such amounts pursuant to Leasing Arrangements,
and we have accepted that appointment; and
- do not act as an insurer for either you or the P2P Owner. If you request to lease a particular Good from a P2P Owner’s Listing, any agreement you enter into with that P2P Owner is between you and the P2P Owner and we are not a party thereto. Notwithstanding the foregoing, we serve as the P2P Owner’s limited authorised payment collection agent for the purpose of accepting, on their behalf, payments from P2P Seekers (such as you) of such amounts pursuant to any applicable Leasing Arrangements.
4.3 You must cooperate with us in all reasonable respects in connection with the provision of the Services and the Site generally.
5. The Leasing Process
5.1 Identifying Listings on the Site
Whilst you are accessing the Site, you may identify various Listings that you are interested in. Once you have identified any such Listing, you must review and independently verify the information in the Listing, which may include:
- a detailed description of the Good including its current condition and existing defects;
- information and specifications (if applicable) about the Good including any registration details for the Good;
- any specific conditions noted by the P2P Owner for the leasing of the particular Good (if applicable) – for example, the P2P Owner may include specific conditions about:
- the collection and drop-off times/ location;
- fuel or cleaning responsibility in connection with part or all of the Good;
- whether you will require a licence to operate or lease the particular Good – if this condition is specified, you will need to:
- promptly disclose to the P2P Owner the details of this licence, provide the P2P Owner with photographic evidence of the licence and let the P2P Owner know whether are any details relevant to the licence that they ought know (for example, if the licence has been suspended) – this information may also need to be disclosed to us for our records only; and
- independently assess whether you satisfy this condition and be prepared to provide us and/or the P2P Owner with evidence of the relevant licence.
Please note that you will be solely responsible for verifying that each Good is appropriate for your intended purpose, that you are appropriately qualified, licensed and capable of leasing and operating each Good safely and lawfully, and that you hold appropriate funds to complete each Leasing Arrangement and pay for any potential Damages and Losses that arise during each Leasing Arrangement.
5.2 Submitting a leasing request to a P2P Owner
If you identify a Good that you are interested in leasing, you can either:
- (if you agree to the Listing Price) submit an offer to lease the Good for a specified period of time; or
- (if you wish to negotiate the Listing Price, assess whether the Good is suitable to lease or ask any other questions to the P2P Owner) communicate with the P2P Owner:
- in a timely fashion;
- in good faith; and
- to assess whether the Good is suitable for your intended leasing purpose. This may include negotiating an Agreed Leasing Fee (if you do not agree with the P2P Owner’s Listing Price), discussing the availability of the Good, asking questions about the Good itself, collection location and times etc.
Once these communications have finalised, you can then decide whether you would like to submit an offer to lease the Good. If you would like to submit an offer to lease the Good, you must submit this through the Site and the P2P Owner will then need to assess the offer and either accept or reject it.
5.3 Having an offer to lease a Good rejected by a P2P Owner
If the P2P Owner decides to reject your offer to lease a Good:
- no fees will be charged to either party; and
- you may then submit an updated offer or you may cease negotiations altogether with that P2P Owner.
5.4 Having an offer to lease a Good accepted by a P2P Owner
- If the P2P Owner accepts your offer to lease a Good, you must promptly provide a valid and acceptable debit or credit card (Payment Details) to us for the purposes of making the following payments:
- the Agreed Leasing Fee;
- the Security Deposit;
- GST and all other taxes or levies on any of the amounts payable under this Agreement; and
- any additional fees and charges that are payable under this Agreement or the Leasing Arrangement (for example, if you return the Good late or if you cause any Damage and Loss to the Good during the Leasing Arrangement).
- If you hold any Rental Credits in your account, you may choose to apply these towards the part or full payment of the Agreed Leasing Fee.
- If we already hold your Payment Details on file, you authorise us to immediately process the above payments, as required.
- The Leasing Arrangement cannot commence until we have processed or pre-authorised the payment of the Agreed Leasing Fee and Security Deposit. Once this has occurred, we will notify both you and the P2P Owner that we hold these amounts and that the Leasing Arrangement may then commence on schedule.
- Where the Payment Details are in your name, you warrant that the Payment Details are yours and you (whether alone or with another person or other people) are responsible for all amounts charged or debited to those Payment Details. Where the Payment Details are not in your name, you warrant that you are authorised to permit and authorise us to charge the Payment Details in accordance with this Agreement.
- We will store the Payment Details on our secure systems or as otherwise disclosed to you.
5.5 The Releaseit Messaging Platform
- All communications between you and a P2P Owner 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 Owner in relation to a Leasing Arrangement.
- 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.
5.6 Commencement of Leasing Arrangement
Upon receipt of the notification at clause 5.4 from us, you must:
- agree with the P2P Owner to meet at a mutually acceptable location for the Leasing Arrangement to commence; and
- inspect the Good and take time-stamped photographs of it immediately and retain such photographs. Failure to do so may mean that you will be liable to the P2P Owner for any Damage and Loss to the Good, even if that Damage and Loss may have occurred before you took possession of the Good;
- ask the P2P Owner whether they have an existing insurance policy in place for the Good and if so, whether you are covered under this policy, whether there are any conditions associated with this policy that you will need to comply with and what cover is contemplated. Based on this, you will need to determine the sufficiency, effectiveness and adequacy of any insurance cover (or lack thereof) for the Good during the Leasing Arrangement, noting that you will ultimately be liable for any Damage and Loss that is caused during the Leasing Arrangement (see clause 6 of this Agreement for further information);
- provide the P2P Owner with evidence of your valid and legitimate licence that permits you to operate and use the Good in compliance with any laws that apply;
- conduct an inventory review (if applicable); and
- ask the P2P Owner to explain the safe use, operation and handling of the Good.
5.7 Your obligations during the Leasing Arrangement
During the Leasing Arrangement, you must:
- take reasonable care of the Good by:
- preventing it from being damaged;
- only using it for its intended purpose;
- operating it in a safe and responsible manner;
- complying with any conditions that are specified in the Listing or that otherwise form part of the Leasing Agreement; and
- using it in accordance with any manufacturer’s or industry standards, as well as any applicable law;
- act recklessly or dangerously when using or operating the Good;
- purposely operate or handle the Good in a manner other than outlined to you by the P2P Owner during the hand-over of the Good;
- use the Good for any illegal purpose;
- operate or modify the Good in any way that is contradictory to the Leasing Agreement;
- cause any Damage and Loss
- smoke or allow any other person to smoke whilst in, operating or using the Good;
- sell, rent, lease or dispose of the Good;
- register, caused to be registered or claim to be entitled to register any interest in the Good under the Personal Property Securities Register Act 2009 (Cth); and/or
- use or operate the Good while it is damaged, not roadworthy or unsafe;
- (for rental accommodation in Australia) comply with any specific requirements outlined by the owner’s corporation (if the rental accommodation is located in a strata building), local council or any other relevant authority;
- (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;
- be reasonably available should the P2P Owner need to communicate with you;
- ensure that only you use or operate the Good, noting that you will be solely responsible for the Good for the duration of any Leasing Arrangement;
- comply with all applicable laws, any applicable regulations, and applicable regulatory guidelines (particularly when operating or using the Good); and
- promptly notify the P2P Owner if the Good develops a fault, stop using/ operating the Good promptly and not undertaken any repairs of the Good without the P2P Owner’s consent. For information purposes only, you must also promptly notify the of the fault and provide us with any information and/or photos that we reasonably require to resolve any dispute between you and a P2P Owner.
Failure to comply with any of the above matters may result in the P2P Owner terminating the Leasing Arrangement and taking immediate possession of the Good where, all costs associated or connected with taking this possession of the Good will be payable by you.
5.8 Extension to the Leasing Arrangement
- If, during the Leasing Arrangement, you would like to extend the Leasing Arrangement, you 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.
- This separate Leasing Arrangement will be subject to:
- you complying with any particular requirements of the P2P Owner (for example, returning the Good to the P2P Owner for inspection before the separate Leasing Arrangement can commence);
- the P2P Owner accepting your offer to enter into a separate Leasing Arrangement for the extended period;
- you paying to us the additional Agreed Leasing Fee and additional Security Deposit associated with this separate Leasing Arrangement (this can only occur once the P2P Owner has accepted your offer); and
- us providing you and the P2P Owner with confirmation that we hold the additional Agreed Leasing Fee and additional Security Deposit (collected from you) associated with this separate Leasing Arrangement
- If the requirements in clause 5.8(b) are not satisfied, your offer will be considered rejected and you must return the Good as required by clause 5.9 below.
5.9 Returning the Good following the completion of the Leasing Arrangement
- At the end of the Leasing Arrangement, you must:
- return the Good to the P2P Owner:
- in the same condition as it was at the commencement of the Leasing Arrangement, fair wear and tear excepted; and
- at the previously agreed upon time and location (these details will be noted in your Leasing Agreement details on the Site);
- promptly record the time and date that the Good was returned on the Site. If you have returned the Good but have failed to record the time and date that the Good was returned, 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.
- inspect the Good and take time-stamped photographs of it immediately upon return to the P2P Owner and retain such photographs. Failure to do so may mean that you will be liable to the P2P Owner for any Damage and Loss to the Good, even if that Damage and Loss may have occurred after you returned possession of the Good;
- review the inventory for any missing items (if applicable);
- pay any outstanding amounts for the Leasing Arrangement;
- promptly advise the P2P Owner of any Damage and Loss that has been caused to the Good during the Leasing Arrangement;
- pay for any Damage and Loss to the Good subject to clause 7 of this Agreement; and
- check that you have removed all of your possessions from the Good; and
- comply with any other requests or instructions given by the P2P Owner or us.
- return the Good to the P2P Owner:
- If you fail to return Good within 24 hours after the scheduled end of the Leasing Arrangement, this will be taken to be theft of the Good and the P2P Owner may:
- report the Good as stolen; and/or
- take steps to locate, recover and repossess the Good, or engage a third party to recover the Good, without further notice to you.
5.10 Payments following the completion of the Leasing Arrangement
- We will (no less than 6 Business Days after the Completion Date):
- release the Security Deposit (if applicable) back to you unless we have within 5 Business Days of the Completion Date been notified that:
- any amounts due remain outstanding under this Agreement or the Leasing Arrangement;
- the Good has not yet been returned (for example, when a Leasing Arrangement is extended by agreement between you and a P2P Owner);
- there has been Damage and Loss to the Good;
- the Good has been returned late by you;
- there is an ongoing dispute between you and the P2P Owner; or
- you have otherwise breached your obligations under this Agreement;
- pay the Agreed Leasing Fee (less the Commission and any other fees) to P2P Owner unless:
- we have been notified within 5 Business Days of the Completion Date that there is an ongoing dispute between you and the P2P Owner; or
- the P2P Owner has otherwise breached its obligations under the Owner (Peer-to-Peer) Terms and Conditions.
- release the Security Deposit (if applicable) back to you unless we have within 5 Business Days of the Completion Date been notified that:
- If any of the matters outlined in clause 5.10(a)(i)(A) to 5.9(a)(i)(F) occur, the Security Deposit will be used to cover costs in relation to these matters.
- In relation to the release of the Security Deposit, you acknowledge that refunds may take some time to land in your account, depending on your financial institution.
6.1 We recommend that each P2P Owner obtain comprehensive insurance in relation to its Goods made available on the Site. However, in some instances, these insurance policies will not apply to your use of the Good or P2P Owners have made the decision not to insure the relevant Good. Notwithstanding any policy, you will be liable for any Damage and Loss during the Leasing Arrangement (see clause 7 of this Agreement).
6.2 For the avoidance of any doubt, we confirm and you acknowledge that:
- we are not an insurer and are not providing insurance to the P2P Owner or you in respect of the Leasing Arrangement or Good; and
- we have no liability to you or the P2P Owner 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.
7. Liability for Damage and Loss to a Good
7.1 If you lease a Good under a Leasing Arrangement, you must return it to the P2P Owner in the same condition (fair wear and tear excepted) that it was at the start of the Leasing Arrangement.
7.2 The P2P Owner will be deemed to be in possession of the Good for all times other than when you are in possession of the Good.
7.3 Under any Leasing Arrangement between you and a P2P Owner, you will be liable for any Damage and Loss caused to the Good during the term of the Leasing Arrangement and for any related costs, subject to both you and the P2P Owner:
- (if you and the P2P Owner can agree to the Damage and Loss caused by you) agreeing to the nature of the Damage and Loss that you have caused during the Leasing Arrangement; or
- (if you and the P2P Owner cannot agree to the Damage and Loss caused by you) 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 Owner agree to be bound by our decision following this assessment, which will be handled in accordance with our Dispute Resolution Policy.
7.4 If it is proven that the Damage and Loss to the Good was caused by you, you authorise us to make a claim on part or all of the Security Deposit. If the Security Deposit is not sufficient to cover the entirety of the Damage and Loss (as reasonably estimated by us):
- you authorise us to process the outstanding amount using the Payment Details that you have provided to us;
- you must ensure that the Payment Details hold the necessary funds required to cover this outstanding payment; and
- in the event that we cannot process your Payment Details, you must seek to resolve the matter directly with the P2P Owner.
7.5 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 Owners or third parties will be limited to the particular P2P Owner 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 Owners 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.
8. Liability for Infringements, Tolls or other fines
8.1 You will be responsible for any Infringement Notice, Tolls or other fines and charges (both monetary and non-monetary) that are incurred during the Leasing Arrangement for a particular Good unless the P2P Owner has contributed to these matters (for example, if the Infringement Notice was issued because the Good was not registered as required under any law).
8.2 If, during the Leasing Arrangement, you receive or otherwise incur an Infringement Notice, Toll, fine or any other charges (both monetary or non-monetary), you must:
- promptly notify the P2P Owner; and
- cooperate with the P2P Owner to ensure the Infringement Notice, Toll, fine or charge is assigned to you for resolution, and resolved promptly.
8.3 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.
9. Cancellation of Leasing Arrangements
9.1 We provide all P2P Seekers and P2P Owners with the ability to cancel a booking in accordance with our Cancellation Policy.
9.2 You agree to comply with our Cancellation Policy.
9.3 You acknowledge and agree that a booking is deemed cancelled:
- when either you or the P2P Owner clicks the cancel button associated with relevant Leasing Arrangement on the Site; or
- 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 your payment method).
9.4 If there is a dispute that arises in connection with a cancellation, 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.
10. Releaseit Fees
10.1 To the extent that you decide to lease goods from a P2P Owner through the Site, we will not charge you any fees. However, you will need to pay amounts associated with any Leasing Arrangements under this Agreement (for example, Agreed Leasing Fees, Security Deposits, Damages and Losses, etc).
11. Your duties
11.1 General obligations
You must use the Services and Site in an efficient manner and in accordance with community expectations at all times. Without limiting this general obligation, you must:
- use the Services (including the Site), interact and communicate with other parties on the Site (including P2P Owners and us) in an efficient, friendly, forthcoming and timely manner;
- comply with all applicable laws in respect of the use of the Goods and your behaviour on the Site;
- comply with our policies made available on the Site (as amended from time to time) including but not limited to the following:
- at all times hold any licences, permits and authorisations required to be held by you to perform your obligations under this Agreement, including to lease any Good under a Leasing Arrangement;
- inform us promptly, and in any event no later than two (2) Business Days, after you become aware of any:
- claim that is made against you or us in relation to your activities in relation to this Agreement; and
- breach of any law in respect of your conduct; and
- notify us of any breach of your data including any information relating to us, our P2P Owners 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).
11.2 Indirect solicitation
You must promptly report to us any P2P Owner that directly or indirectly:
- solicits or attempts to solicit you to lease its Goods directly from them (ie not on the Site); and/ or
- seeks, or requests, payment directly from you with a cheque, cash, or any payment method other than by payment through the Site.
11.3 Accurate information
- You must use your best endeavours to ensure that information provided to us (or to a P2P Owner) or that is available on the Site in relation to you and any Leasing Arrangements are accurate.
- 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.
11.4 No misleading or deceptive conduct
You must not engage in any misleading or deceptive conduct in relation to:
- this Agreement;
- any Goods that you lease on the Site; or
- any of your dealings or communications on the Site (including any Leasing Arrangements).
11.5 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.
11.6 Not use our name or logo
You must not use our name or logo in any way, without our prior written consent.
12. Our duties
12.1 Upon acceptance of a Leasing Arrangement between you and a P2P Owner, we will collect the Agreed Leasing Fee and Security Deposit from you. 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, which will be made available to you by the Payment Processor when you upload your payment details.
12.2 We will secure and manage the Security Deposit payable by you (if applicable) and apply these funds as required following the Leasing Arrangement.
13.1 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.
13.2 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.
14. Disputes between you and a P2P Owner
This clause does not apply to disputes between you and us – those disputes must be dealt with under clause 15 of this Agreement.
Any disputes between you and a P2P Owner 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.
15. Disputes between you and us
This clause does not apply to disputes between you and a P2P Owner – those disputes must be dealt with under clause 14 of this Agreement.
15.1 We consider feedback and complaints as valuable opportunities that assist us to continually strive to improve the products and services we offer to our customers. We follow the fundamental principles of honesty and fairness at all times in dealing with our customers.
15.2 We pride ourselves on offering our customers excellent service. However, a situation may arise where you are unsatisfied with the Service you received or you have an issue that you would like us to address. In these circumstances we invite you to contact our Customer Resolutions Team to discuss your concerns.
15.3 We will attempt to resolve your complaint at the first point of contact point through our Internal Dispute Resolution processes. Our Customer Resolutions Team may be contacted by following the procedures set out in our Dispute Resolution Policy.
16. Indemnity and Limitation of Liability
16.1 Limitation of liability
- All Leasing Arrangements between you and P2P Owners 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 Owners 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 Owners and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out Leasing Arrangement.
- The Service, 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:
- 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 Service (including the Site), or that access to the Services (including the Site) will be free from interruptions or errors;
- the Services depend upon telecommunications, cloud storage and other services delivered to us and P2P Owners by third parties, the availability of which we cannot control; and
- 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.
- 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 an amount that is equivalent to the value of the lesser of:
- the average of your Agreed Leasing Fees over the preceding three month period; or
- 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.
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:
- 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);
- any dishonest, fraudulent, reckless, or negligent act or omission by you or any employees, agents, or contractors of you;
- any failure by you to comply with any law;
- 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
- any conduct of you as a result of the negligence of or breach by or malpractice and fraud on your behalf.
16.3 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.
16.4 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.
17.1 You warrant and represent that:
- you have the legal capacity to enter this Agreement;
- you have abided by Agreement;
- by entering into this Agreement, you are not breaching any laws; and
- 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.
18.1 Termination for default
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):
- 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 Owners;
- 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;
- you do anything to defame, discredit, or harm our business interests, reputation, or operations, or any other person associated with us;
- you stop payment.
18.2 Voluntary termination
Either party may terminate this Agreement at any time upon ten (10) Business Days’ notice to the other.
19. 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.
20. Definitions and interpretation
The following definitions apply unless the context requires otherwise.
Agreed Leasing Fee means the total fee agreed between you and a P2P Owner 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 given in clause 5.9(a)(ii).
Damage and Loss means:
- damage to the Good that requires repair or replacement (excluding normal wear and tear);
- loss arising from theft of the Good or fire damage to the Good;
- recovery charges (if applicable);
- fees and charges relating to the assessment or quantification of the loss or damage; and
- any third party loss or damage, including any applicable taxes.
Good means any good or service that a P2P Owner has 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 Owner to lease a Good:
- for an agreed period;
- for the Agreed Leasing Fee; and
- in accordance with this Agreement, the Owner (Peer-to-Peer) Terms and Conditions and any other relevant terms and conditions.
Listing means an advertisement or post on the Site offering a Good as generally available for lease.
Listing Price means the price listed on a Listing, as decided by a P2P Owner.
Releaseit Messaging Platform means the instant messaging service that is available on the Site and allows you to communicate with P2P Owners.
Rental Credit represents credits that can be:
- earned by P2P Owners and P2P Seekers; and
- applied by P2P Seekers towards payments of the Agreed Leasing Fee for any Leasing Arrangement.
Security Deposit means a mandatory payment deposit set by the P2P Owner:
- that is collected by us prior to the commencement of each Leasing Arrangement;
- 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);
- that is collected from you, is held by us for the duration of each Leasing Arrangement and is applied as set out in this Agreement.
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.
In this document, unless the context requires otherwise:
- the singular includes its plural and vice versa;
- words denoting any gender include all genders;
- where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- headings are for convenience only and do not affect interpretation;
- a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
- a reference to a party to this Agreement includes its successors and permitted assigns;
- a reference to a particular day or time is to that day or time in New South Wales;
- 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;
- a reference to this Agreement includes any schedules and annexures to this Agreement;
- a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
- a reference to dollars or $ is to Australian currency;
- 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;
- words such as including or for example do not limit the meaning of the words preceding them;
- 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
- nothing in this Agreement is to be interpreted against a party solely on the ground that the party or its advisers drafted it.
21. General provisions
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.
21.2 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.
A notice or other communication to or by a party under this Agreement:
- must be in writing;
- must be delivered by email to:
- in the case of Releaseit, to email@example.com; and
- in the case of you, to your current email address that we hold in our records;
- subject to paragraph (d), is deemed to be effective one Business Day after the date shown on the email of the sender, unless:
- 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
- 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;
- 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.
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.
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.
21.6 Governing law
The laws of New South Wales govern this Agreement.
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.