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Terms of use

1. About these Terms of Use

1.1 These terms of use (T&Cs) govern your use of our website(s) located at https://www.releaseit.com.au/ and https://www.releaseit.com/ and any associated mobile applications (Site) and form a binding contractual agreement between you, the user of the Site and us, Releaseit Pty Ltd ACN 647 154 096 (Releaseit).  In these T&Cs, "we" "us" and "our" refers to Releaseit.

1.2 These T&Cs are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the T&Cs and you agree to be bound by them. If you do not agree to the T&Cs, please do not use the Site.

1.3 We reserve the right to update, amend, change or replace any part of the T&Cs at any time and your use of the Site following any amendments will represent your agreement to be bound by the amended T&Cs. We recommend   you read the T&Cs each time you access the Site so you are familiar with the most current version of the T&Cs.  

1.4 Any new features or tools which are added to the current Site shall also be subject to the T&Cs.

2. About our services

2.1 We own, run and carry on the business of providing an online platform, being the Site, which brings together those that are seeking to lease out goods that they own (Owners) and those that are seeking to lease goods from Owners (Seekers).

2.2 If you are an Owner, the services we offer you will depend on whether you are: 

  1. not in the business of leasing goods, in which case, you are a peer to peer owner which is otherwise referred to in these T&Cs as a P2P Owner; or
  2. in the business of leasing goods, in which case, you are either a:
    1. Commercial Owner, if you have decided to only use the Site for the purpose of obtaining leasing referrals to your existing website (Commercial Model); or
    2. P2P Owner, if you have decided to use the Site to independently lease out your Goods and to use the Site to manage those leasing arrangements and to receive payment for those leasing arrangements (Peer-to-Peer Model). 

2.3 If you are a Seeker, the services we offer you will depend on whether you are seeking to lease goods from an Owner that is described as a:

  1. Commercial Owner, in which case, you are a Commercial Seeker; or 
  2. P2P Owner, in which case, you are a P2P Seeker.

3. The terms and conditions that apply to you

3.1 The terms and conditions that will apply to the services we provide to you will depend on whether:

  1. (if you are an Owner) you are a Commercial Owner or P2P Owner; and
  2. (if you are a Seeker) you are a Commercial Seeker or P2P Seeker.

These are summarised at clause 3.2 (if you are an Owner) and clause 3.3 (if you are a Seeker).

3.2 If you are an Owner, the following terms and conditions will apply to the services we provide you with:

Are you in the business of leasing products?

Have you decided to proceed with our Commercial Model or Peer-to-Peer Model?

What terms and conditions will apply to you?

Yes

Commercial Model

Yes

Peer-to-Peer Model

No

N/A

3.3 If you are a Seeker, the following terms and conditions will apply to the services we provide you with:

Are you leasing goods from an Owner that is described as a ‘Peer-to-Peer Owner’ or ‘Commercial Owner’?

What terms and conditions will apply to you?

Commercial Owner

P2P Owner

4. Account users

4.1 To access and use parts of the Site, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will 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.

4.2 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.      

4.3 We reserve the right to terminate your Account registration at any time if you breach the T&Cs.

5. Your use of the Site

5.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in these T&Cs.

5.2 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

5.3 While using our Site, you will not:

  1. add any content to the Site:
    1. unless you hold all necessary rights, licences and consents to do so;
    2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; 
    4. that would bring us, or the Site, into disrepute; or
    5. that infringes the intellectual property or other rights of any person;
  2. fail to deliver payment for items leased by you, unless the Owner has materially changed the item's description after you leased the good, a clear typographical error is made or you cannot authenticate the Owner's identity;
  3. circumvent or manipulate our fee structure, the billing process, or fees owed to us;
  4. take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to us);
  5. distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; 
  6. harvest or otherwise collect information about users, including email addresses, without their consent; and/or
  7. post an ad with the intention to profit from a natural disaster, health or public safety concern, or tragic event.

5.3 You acknowledge and agree that:

  1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
  2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

5.5 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our Site.

5.6 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website, including on Commercial Owner websites.

5.7 While we strive to maintain a safe leasing environment you accept that there are unfortunately sometimes risks when leasing online and using our Site, including dealing with underage or fraudulent persons. You will not hold us responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a merchant. Instead, our Site is a venue to allow anyone (including commercial and non-commercial owners) to offer, lease, and use just about anything, at any time, from anywhere. We are not a party to the transaction between owners and seekers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of owners to leasing items, the ability of seekers to pay for items or that a seeker or owner will actually complete a transaction or return an item following a lease. You alone, and not Releaseit, are responsible for ensuring that your listing and leasing and any other activities conducted on our Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these T&Cs and any other terms and conditions that form part of this arrangement.

5.8 You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site.

6. Fees and services

6.1 Fees for opening an account with Releaseit

Opening an Account with Releaseit is free (unless otherwise specified). 

6.2 Fees for Seekers

We will not charge you a fee for seeking goods to lease on the Site, regardless of whether you are a Commercial Seeker or P2P Seeker.

6.3 Fee for Owners 

  1. We will charge you a fee for using our services if you are an Owner. However, the applicable fee will depend on whether you are a Commercial Owner or P2P Owner. For further information on these fees, please refer to:
    1. (for Commercial Owners) the Owner (Commercial) Terms & Conditions; or
    2. (for P2P Owners) the Owner (Peer to Peer) Terms & Conditions.
  2. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.
  3. We may change our listing fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
  4. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our Site your use of our services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account. In addition, you will be subject to late fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which Releaseit provides to you, including by not displaying your listings.

7. Warranties

7.1 You represent and warrant to us that:

  1. you have the legal capacity to enter these T&Cs; and
  2. you have abided by the T&Cs and any other applicable terms and conditions relating to your use of the Site. 

8. Keeping the Releaseit community safe

8.1 We and our community work together to keep the Site working properly and the community safe. Please report any problems, offensive content and policy breaches to us using the reporting system. This includes any breaches of our Review Policy, which must be complied with when providing feedback on the Site.

8.2 You are solely responsible for all information that you give to Releaseit and any consequences that may result from your posts. 

8.3 We can at our discretion: 

  1. refuse, delete or take down content that we think is inappropriate or breaching these T&Cs;
  2. restrict a user’s usage of the Site either temporarily or permanently; or 
  3. refuse a user’s registration. 

8.4 Without limiting other remedies, we may issue warnings, limit or terminate our services, remove hosted content and take technical and legal steps to keep users off the Site if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Site or for unauthorized or unlawful content on the Site or use of the Site by users. You also accept that we are not under any obligation to monitor any data or content which is submitted to or available on the Site.

9. Accuracy, completeness and timeliness of information 

9.1 The Site is provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Site comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. 

9.2 We cannot guarantee continuous or secure access to our Site. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Site or that the Site will be uninterrupted or error-free. Notification functionality in the Site may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.

9.3 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

9.4 This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

10. Intellectual property rights and user comments

10.1 The copyright to all content on this Site including applets, graphics, images, layouts, videos and text belongs to us or we have a licence to use those materials.

10.2 All trademarks, brands and logos generally identified either with the symbol's TM or ® which are used on this Site are either owned by us or we have a licence to use them. Nothing in these T&Cs constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

10.3 Nothing in these T&Cs constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

10.4 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these T&Cs.

10.5 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

10.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section of the T&Cs.

10.7 The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

11. Disclaimers

11.1 General disclaimer

To the extent permitted by law, any condition or warranty which would otherwise be implied into the T&Cs is excluded.

11.2 Specific disclaimer(s)

  1. The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the Site, which cannot be excluded, restricted or modified. If such legislation applies, to the extent possible:
    1. we do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute (including but not limited to implied warranties of merchantability and fitness for any particular purpose);
    2. we limit our liability in respect of any claim to, at our option to the following:
      1. in the case of services supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of the services again; or (ii) the payment of the cost of having services supplied again; and
      2. in the case of goods supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
  2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Site will be uninterrupted or error free or that any defects will be corrected.

12. Limitation of liability

12.1 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12.2 To the full extent permitted by law, we exclude all liability (including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever) in respect of:

  1. loss of data, interruption of business or any consequential or incidental damages;
  2. access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
  3. the availability and utility of products and services;
  4. the availability or accuracy of the Site or third party websites (including Commercial Owner websites that are linked from our Site); or
  5. any breach of any third party intellectual property rights.

13. Indemnity

13.1 You agree to indemnify, defend and hold harmless Releaseit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal’ fees, made by any third-party due to or arising out of your breach of the T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party except where such loss arises from our fraud, negligence or wilful misconduct.

13.2 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.

14. Legal and financial advice

14.1 You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before offering or leasing an item via our Site.

15. Secure payment

15.1 We have engaged a third party payment system provider (Payment Processor) to secure all payments made through the Site.

15.2 All customer card information is securely submitted and processed entirely on our Payment Processor’s systems. We and our staff cannot access, view, process or store sensitive cardholder data (such as credit card numbers, PIN codes or CCV codes). Card details are encrypted by the customer’s browser before they are sent to our Payment Processor’s systems, and are never exposed in clear-text.

15.3 Our Payment Processor is certified to meet the regulatory security requirements outlined by the Payment Card Industry Data Security Standard (or PCIDSS). PCIDSS certification is required by banks and credit card issuers in order to allow merchants to accept payments from customer credit cards. As part of the certification process, our Payment Processor is required by its customers, banks and credit card issuers to implement stringent security controls and undertake regular independent security audits to maintain its certification and security assurance levels. We will also comply with the requirements of the PCIDSS to the extent required.

15.4 By using the Payment Processor, you confirm that you have read and agree to the terms and conditions applying to the Payment Processor’s payment system, which will be made available to you by the Payment Processor when you upload your payment details.

16. Privacy

16.1 We are committed to protecting your privacy as an online visitor to our Site. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy for further information – particularly around how your personal information is collected, used, and disclosed when you visit, make or attempt to lease a good on the Site. This can be accessed here.     Please note that we may disclose your personal information to counterparties in connection with any leasing arrangement that you enter into through our Site.

16.2 You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers. Accordingly, it is essential that all information you provide us is true and accurate at all times and you undertake to update your details from time to time when they change.

16.3 We undertake to take all due care with any information which you may provide to us when accessing our Site. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

17. Storage and security of your information

17.1 We receive and store information you enter on our Site or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process services and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.

17.2 We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our Site and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.

17.3 Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have leased or to protect our copyright, trademarks and other legal rights.

17.4 We will use all reasonable means to protect the confidentiality of your personal information while in our possession or control. We will not knowingly share any of your personal information with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to privacy laws. Please contact us if you require specific details.

17.5 Any non-personal information, communications and material you send to this Site or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

18. Breach

18.1 Without limiting other remedies available to us at law, in equity or under these T&Cs, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our Site (including but not limited to leasing and posting activities), temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you, or require you to pay additional fees if:

  1. you have, or we believe that you have, breached these T&Cs (which includes any other additional terms and conditions referred to in these T&Cs);
  2. we are unable to verify or authenticate any information you provide to us;
  3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  4. if we reasonably believe that any of your information (which includes an item listed on the Site) is inappropriate or of an offensive nature.

19. Termination

19.1 Our agreement with you will terminate automatically if, for any reason, we cease to operate the Site.

19.2 We may otherwise terminate our agreement with you immediately, on notice to you, if you have breached these T&Cs in any way.

20. General provisions

20.1 Entire agreement

This agreement constitutes the entire agreement between the parties and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter.

20.2 Further assurances

Each party must promptly do all things necessary in order to give effect to this agreement, including executing and delivering documents.

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

  1. A notice or other communication to or by a party under this agreement:
  2. must be in writing;
  3. 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;
  4. 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;
  5. 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 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.

20.7 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. 

20.8 Governing law

The laws of New South Wales govern this agreement.  

20.9 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.