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Welcome,
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This agreement governs your use of the Borrowmate Platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Borrowmate Australia Pty Ltd (ABN 90 660 357 157) trading as Borrowmate (Borrowmate, Borrowmate, we or us).
The remainder of this agreement is divided into three parts:
If you intend to use the Platform as a Lender, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Renter, only Parts A and C of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to the introductory services provided by Borrowmate via the Platform, which are intended to connect lenders and renters of hire equipment.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
1. ELIGIBILITY
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
over the age of 16 years and accessing the Platform for personal use; or
accessing the Platform on behalf of someone under the age of 16 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 16 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. ACCOUNTS
In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Borrowmate from time to time.
You warrant that any information you give to Borrowmate in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
You may sign up for an Account using your Facebook, Instagram, Google+ or Twitter account (Social Media Account). If you choose to use your Social Media Account to sign up for an Account, you authorise us to access and use certain Social Media Account information, including but not limited to your Social Media Account profile.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process (including the identity verification process in clause 7), Borrowmate may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Borrowmate reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Borrowmate may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you agree:
not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Borrowmate of any3 unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Borrowmate;
not to act in any way that may harm the reputation of Borrowmate or associated or interested parties or do anything at all contrary to the interests of Borrowmate or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Borrowmate;
that Borrowmate may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Borrowmate or another User including a Lender, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Borrowmate may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. ADVERTISING AND MARKETING MATERIALS
By using our Platform and creating an Account, you consent to the collection, use, and disclosure of your personal information for marketing and promotional purposes, including the sending of promotional emails and targeted advertising. We may also share your information with third party partners for these purposes. You may opt out of receiving promotional communications at any time by contacting us or using the unsubscribe link provided in such communications. More information regarding the use and disclosure of your personal information can be found in our Privacy Policy as set out in clause 17.
5. POSTED MATERIALS
5.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and4
the Posted Material does not breach or infringe any applicable laws.
5.2 LICENSE
You grant to Borrowmate a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Borrowmate to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Borrowmate from any and all claims that you could assert against Borrowmate by virtue of any such moral rights.
You indemnify Borrowmate against all damages, losses, costs and expenses incurred by Borrowmate arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
5.3 REMOVAL
Borrowmate acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Borrowmate may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.
6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Borrowmate will have no liability or obligation to you if:
a Renter or Lender cancels at any time after the time for performance of the Hire Listing is agreed; or
for whatever reason, including technical faults, the services in a Hire Listing cannot be performed or completed, and you will not be entitled to any compensation from Borrowmate.
5. RETURN AND INSPECTION
Renters may rate a Hire Listing (Rating) and/or may provide feedback to Lenders regarding the services Renters received from them (Review).
Upon expiration of the agreed hire period, the Renter will return the Hire Equipment to the Lender in the same condition as when received, reasonable wear and tear excepted.
The Renter will be responsible for any loss or damage to the Hire Equipment from the time of delivery or collection until the time of return to the Lender.
The Lender will have 5 days from the date of return to inspect the Hire Equipment. In the event the Hire Equipment is deemed damaged, compromised, or faulty as a result of the Renter's use, the Lender will have the right to appropriate the Credit Authorisation to recover the cost of repair or replacement.
The Renter will also be liable for any additional repair or replacement costs incurred by the Lender that exceed the amount of Credit Authorisation.
When appropriating the Credit Authorisation or attempting to claim a further amount, you must provide the Renter with a detailed invoice of the costs incurred, along with photographic evidence of the damage.
You agree that you will communicate the full replacement value of the Hire Equipment to the Renter before commencement of the hire period.
You acknowledge and agree that Borrowmate can only assist with the settlement of disputes for claimed amounts equal to or less than the value of the Credit Authorisation. Where the amount claimed exceeds the value of the Credit Authorisation, such claim is to be dealt with by the parties outside of the Platform.
6. REFUNDS & CANCELLATIONS
A successful cancellation request must be made through the Site, utilising the 'Cancel Booking' request function. The parties are encouraged to communicate promptly and transparently in the case of any issues that may lead to a cancellation.
Cancellations initiated by Renters to a Booking (Renter Cancellations) will be subject to the following terms:
free cancellation is available until 11:59 pm in the State or Territory of the Lender two (2) days before the start of the Booking, based on the scheduled commencement date shown in the Hire Terms / booking confirmation;
any cancellation after the time set out in clause 66(b)(i) will incur the full Hire Fees set out in the Hire Terms; and
The Renter may be given a negative rating 'Thumbs Down’ in the Platform.
Cancellations initiated by Lenders to a Booking (Lender Cancellations) will be subject to the following cancellation policy:
the full Hire Fees will be refunded to the Renter;
the Lender forfeits any claim to Hire Fees; and
the Lender may be given a negative rating 'Thumbs Down.'
Lenders are recommended to include a day-based servicing period for certain hire equipment that warrants servicing between hires (Servicing Period). The Servicing Period may include cleaning, re-fuelling, and any mechanical adjustments and/or repairs.
In exceptional cases, where circumstances beyond the control of the Renter or Lender lead to the cancellation of a Booking, the Platform may make exceptions to provisions of this clause 6. Unforeseen and extenuating circumstances encompass disruptions to the hire of Hire Equipment arising directly from:
natural disasters; or
Government travel restrictions; or
declared emergencies, pandemics, and epidemics; or
acts of war, terrorism, or civil unrest.
The Commission Fee is by default non-refundable for change of mind. However, Borrowmate may, in its absolute discretion, issue refunds of the Commission Fee to you in certain circumstances.
7. BYPASSING
You agree that while you are a Lender on the Platform and following your suspension or cancellation (regardless of the reason that your Account was suspended or cancelled) you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Renter whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Renter or their representative is still active on the Platform.
Borrowmate may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause.
8. BINDING CONTRACT
You acknowledge and agree that:
when a Renter responds to a Hire Listing, this constitutes their intention and offer to enter into a contract with you;15
should you accept a Renter’s offer to contract by accepting their response to your Hire Listing, the Hire Terms will automatically populate and will thereafter apply to your engagement with the Renter;
The Hire Terms are created for your benefit and seek to outline the key terms of the agreed hire; and
the Hire Terms do not involve Borrowmate in any capacity and Borrowmate is not responsible for either parties performance of the Hire Terms.
9. WARRANTIES
By listing yourself as a Lender on the Platform or posting a Hire Listing, you represent and warrant that:
you are able to fulfil the requirements of the Hire Listing;
and you will provide services to each Renter:
exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
in compliance with all applicable laws.
you have the legal right and authority to rent the Hire Equipment and that the Hire Equipment is free from any liens, encumbrances, or other claims; and
the Hire Equipment is in good working order and condition as at the hire date, and that it is suitable for its intended purpose.