Local Hire Marketplace Terms and Conditions

Welcome to Local Hire Marketplace! We provide a platform (Platform) where users who wish to hire out their tools and equipment (Owners) can connect with other users who need to temporarily hire such tools for personal domestic use (Hirers).

These Terms were last updated on 19 June 2026.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• Our privacy policy (on our website) which sets out how we will handle your personal information;
• Clause 1.5 (Variations) which sets out how we may amend these Terms;
• Clause 3.4 (Insurance) which requires Owners to have any required insurances under law to hire out Equipment via the Platform;
• Clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Platform Licence and Term

1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in with these Terms. We grant you a right to use our Services for this period of time only 1.2 You must be at least 18 years old to use our Platform.

Platform Licence

1.3 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

1.4 You must not:

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(C) introduce any viruses or other malicious software code into our Platform;

(d) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(e) use our Platform to send unsolicited electronic messages;

(f) use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(f) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

2. Platform Summary

2.1 Our Platform is a marketplace place that enables Owners to advertise and hire out their tools and equipment (including but not limited to DIY tools, camping gear and party supplies) (Equipment) to Hirers who wish to rent such Equipment for temporary personal domestic use. We only provide our Services (including our Platform) and are not a party to any transaction between Owners and Hirers in relation to the hire of any Equipment (see the “Our Services” section below for more information about the services we provide to you).

2.2 Owners wanting to hire their own Equipment to Hirers on our Platform must create an Account. Owners must provide an accurate and complete description of the Equipment they wish to hire out (Equipment Listing), including the hire fees (Hire Fee), accurate and up-to-date photographs of the Equipment and pick up location for the Equipment.

2.3 Owners must include all additional terms and conditions relating to the hire of Equipment in the relevant Equipment Listing. By making payment of the Hire Fee, Hirers accept the additional terms and conditions in the Equipment Listing.

2.4 Hirers cannot browse Equipment Listings without an Account. Hirers wanting to rent Equipment in an Equipment Listing must create an Account, and may request to rent Equipment by sending a Hire Request (Hire Request) through our Platform. Hirers may only hire Equipment for personal domestic use only. Hirers cannot use the Equipment for commercial purposes. When sending a Hire Request to an Owner

(a) the Hirer must select the desired pick up and return dates for the Equipment hire (Hire Period); and

(b) we may require you to complete an online Equipment safety form to, among other things, confirm their competency to use the Equipment safely and compliance with appropriate personal protective equipment (PPE) requirements, where applicable. The Hirer acknowledges and understands that we will retain such information in accordance with applicable laws.

2.5 Owners may approve or reject a Hire Request. If the Owner does not approve the Hire Request within 12 hours of the request being made, the Hire Request will be automatically rejected and cancelled. Once a Hire Request is approved, this becomes a Hire Booking.

2.6 Payments: The Hirer must make payment of the Hire Fee upon making a Hire Request, and such payment will made placed on temporary hold by our third party payment processer. If the Hire Request is approved by the Owner and becomes a Hire Booking, the temporary hold will be converted to a completed charge. All monies paid for the Hire Fee by Hirers will be held by our third-party payment processor, and will be distributed to Owners (less any amounts to be deducted in accordance with these Terms) until 24 hours after the start of the Hire Period or the next business day if this 24-hour period expires on a weekend), after which, it will then be distributed to Owners (less any amounts to be deducted in accordance with these Terms). Once paid out, funds may take 3-5 business days to appear in the Owner's account. If the Hire Request is rejected by the Owner, expires without approval, or is cancelled by the Hirer before approval, the temporary hold will be immediately cancelled by us. The time taken for the pending charge to disappear may vary from a few minutes to several hours depending on the Hirer's bank's processing times, and no actual charge will be applied to the Hirer's payment method

2.7 We do not endorse or approve, and are not responsible for, any Equipment provided by an Owner. We may, at any time (at our sole discretion), remove any Equipment Listing, including where an Equipment: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.

2.8 Transaction Fee: In consideration for providing our Platform, we will charge a transaction fee to Hirers as set out on our Platform at the time of paying the Hire Fee for a rental (Transaction Fee). The Transaction Fee will be displayed on the Platform as part of the Equipment Listing and may be charged in addition to the Hire Fee, along with any third-party payment processing fees at the time of checkout.

2.9 Communication: Owners and Hirers can communicate privately using our private messaging service. Owners and Hirers must not communicate outside of the Platform. Owners and Hirers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

2.10 Title and Risk: During the Hire Period, title in the Equipment will, at all times, remain with the Owner, and the Hirer takes the Equipment as bare bailee only. Risk in the Equipment will pass to the Hirer once the Hirer has collected the Equipment from the collection location agreed between the Owner and Hirer

3. Owner Obligations

3.1 This clause applies to Owners only.

3.2 By posting an Equipment Listing, you confirm that you are legally entitled to and capable of supplying the Equipment described in the Equipment Listing and that you are competent to provide instruction on safe use of the Equipment (including any required PPE), where applicable.

3.3 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Equipment Listing is available on our Platform, to host your Equipment Listing on our Platform for the purpose of making your Equipment Listing available to Hirers.

3.4 Insurances: You must have appropriate insurance to cover the Equipment hire that you agree to provide to Hirers through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Hire Bookings you make. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

3.5 You agree that all Equipment listed on the Platform complies with all laws applicable in the jurisdiction where the Equipment will be hired or used, which may include, but is not limited to WHS Laws

3.6 You must ensure that any Equipment that is made available for hire via the Platform is:

(a) not defective, damaged or unsafe;

(b) not over 5 years old; and

(b) fit for its intended purpose and any purposes for which the Owner has stated that the

Equipment is suitable for.

3.7 Where the Equipment is electrical equipment (including, but not limited to any appliance, wire, fitting, switchboard or device that uses, supplies, sends or changes electricity), you must, prior to listing any Equipment on the Platform, and at all times during the Hire Period:

(a) ensure that the Equipment:

(1) s inspected, tested and tagged by a competent person to identify damage, wear and detect electrical faults in accordance with applicable laws and standards, including Test and Tag Regulations, at least once every 6 months, where applicable in the relevant state or territory where you provide the Equipment for hire;

(2) displays current and valid test and tag certification where required by law;

(3) is safe for connection to electricity supply and fit for its intended purpose

(4) visually inspects, and ensures that the Hirer visually inspects the Equipment at the start and end of the hire Period

(b) immediately remove from each Equipment Listing or hire any Equipment that fails testing or visual inspection until rectified and re-tested;

(b) immediately remove from each Equipment Listing or hire any Equipment that fails testing or visual inspection until rectified and re-tested;

(b) not over 5 years old; and

(C) maintain comprehensive records of all testing, tagging, and safety inspections as required by law, and provide us with such records and any copies of test and tag certificates to us immediately upon our request.

3.8 You must take photographs of the Equipment immediately before and after the Hire Period, and all photos must contain a date and time stamp. You must retain such photos for a period of [4 weeks]. If a dispute arises between you and the Hirer, the parties may use such photos for the purpose of resolving the dispute.

3.9 Following the Hire Period, if you become aware that the Equipment has been damaged during the Hire Period, you must notify the Hirer [and us] via the Platform within 24 hours of the end of the Hire Period. Any dispute arising from such damage must be dealt with in accordance with clause 16.2

4. Hirer Obligations

4.1 This clause applies to Hirers only.

4.2 Cost of repair or replacement of Equipment: You will be responsible for the Owner’s costs of:

(a) any repairs to the Equipment (including the cost of replacement parts) because of your improper or negligent use of the Equipment,

(b) the Equipment, where loss, theft, damage or destruction occurs to the Equipment, which will be a debt due and immediately payable to the Owner.

4.3 Obligations: You agree to:

(a) comply with this Agreement, all applicable laws, and any operating instructions for the Equipment;

(b) notify the Owner immediately via the Platform’s messaging system if there is any damage to or defects in the Equipment and immediately cease using the Equipment;

(C) ensure that any person using the Equipment is 18 years of age or older;

(d) ensure that any person using the Equipment is properly qualified, trained or competent to safely do so;

(e) not allow anyone to interfere or otherwise tamper with the Equipment;

(f) not allow any third party to conduct repairs or maintenance on the Equipment without the Owner’s prior consent;

(g) protect and maintain the Equipment in its original condition, subject to fair wear and tear; and

(h) keep the Equipment in your custody and control at all times, and not sublease, rent, sell or otherwise transfer the Equipment to any other person.

4.4 Returning the Equipment: You must return the Equipment to the Owner in its original condition (subject to fair wear and tear) at the time agreed between you and the Owner at the end of the Hire Period. If you wish to return the Equipment earlier, you can make a return request via the Platform through the Platform’s messaging system. The Owner may accept or reject such request at their discretion.

4.5 Extending the Hire Period: If you wish to extend the Hire Period, you must make another Hire Request through the Platform for the relevant Equipment in accordance with the process as set out in clause 2. The Owner may accept or reject such Hire Request in accordance with the process as set out clause 2.

4.6 You must take photographs of the Equipment immediately before and after the Hire Period, and all photos must contain a date and time stamp. You must retain such photos for a period of [4 weeks]. If a dispute arises between you and the Owner, the parties may use such photos for the purpose of resolving the dispute.

Our Services

4.7 Subject to your compliance with these Terms, we will provide you with access to our Platform (our Services).

4.8 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform

5. Account

5.1 Accounts for Owners and Hirers are different, and you must choose the correct Account based on how you want to use our Platform. Owners who also want to making an Equipment Booking must create a separate Account for that purpose, and vice versa.

5.1 While you have an Account with us, you agree to:

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);

(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(C) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

6. Payments

6.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

6.2 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

6.3 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

6.4 Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may

(a) suspend your access to our Services (including access to our Platform); and

(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

6.5 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

7. Reviews

7.1 Owners and Hirers are encouraged to review their experiences with each other on our Platform (Review). We may remove Owners and Hirers from our Platform (in our sole discretion) who receive a high number of negative Reviews.

7.2 You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

7.3 You may only write a Review about your own experience. You must not write a Review about another person’s experience.

7.4 If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

7.5 You must not disclose any Personal Information in your Review.

8. Availability, Disruption and Downtime

8.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

8.1 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties

8.1 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

9. Confidential Information and Personal Information

9.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

9.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so

9.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws

9.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent)

9.5 Owners and Hirers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law

9.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Hirers to Owners, and vice versa, so that they can connect and transact.

9.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

10. Consumer Law Rights

10.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

10.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

10.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10.4 Hirers may have Consumer Law Rights in respect of hire of the Equipment made available by Owners.

Cancellations and Refunds between Owners and Hirers

10.5 The terms and conditions of an Equipment Listing must clearly set out whether refunds or cancellations are permitted, provided that such terms and conditions do not conflict with this Agreement and the terms as set out in clause 10.6. The cancellation and refund of any amounts paid in respect of a Hire Booking is strictly a matter between Owners and Hirers, subject to the minimum conditions as set out in clause 10.6

(a) Hirer Cancellation: Where a Hirer cancels a confirmed Hire Booking by providing notice through the Platform at least 24 hours before the scheduled Hire Period commencement time, we will refund the Hire Fee to the Hirer, but will retain any Transaction Fees; or

(a) Owner Non-Performance: Where an Owner fails to fulfil a confirmed Hire Booking and the Hirer has made reasonable efforts to resolve the matter directly with the Owner, we will refund both the Hire Fee and Transaction Fees to the Hirer

10.5 and the total amount refunded by us to the Hirer will become a debt immediately due and payable by the Owner to us, and we may recover this debt by deducting it from future payments to the Owner or by any other lawful means. All refunds processed under this clause

11. Intellectual Property and Data

11.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

11.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

11.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms

(b) diagnose problems with our Services;

(C) mprove, develop and protect our Services;

(D) send you information we think may be of interest to you based on your marketing preferences;

(e) perform analytics for the purpose of remedying bugs or issues with our Platform; or

(f) perform our obligations under these Terms (as reasonably required).

11.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted

11.5 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks or any device controlled by you; and

(b) backing up Your Data.

11.6 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

11.7 If you do not provide Your Data to us, it may impact your ability to receive our Services.

12. Liability

12.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

(a) your breach of any applicable law;

(b) where you are the Owner, your breach of clause 3 (Owner Obligations);

(C) where you are the Hirer, any property loss or damage, death or personal injury, arising from or in connection with your improper or negligent use of the Equipment

(d) where you are the Hirer, any loss (including theft) of, or damage to, the Equipment when you are responsible for the risk in the Equipment, or otherwise any failure by you to return the Equipment to the Owner in its Original Condition;

(e) any aspect of the interactions between Owners and Hirers, including in relation to any Equipment and Equipment Listings;

(f) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

(g) any use of our Services by a person or entity other than you.

12.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we or you are liable for any Consequential Loss;

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(C) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

13. Notice Regarding Apple

13.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.

13.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

13.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

13.4 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights

13.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

13.6 You agree to comply with any applicable third-party terms when using our mobile application.

13.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms

13.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any

U.S. Government list of prohibited or restricted parties.

14. Notice Regarding Non-iOS Apps

14.1 To the extent that you are using or accessing our Platform through mobile applications on platforms other than Apple iOS (including but not limited to Android, Windows Mobile, or any other mobile operating system), you acknowledge and agree that:

(a) these Terms are concluded between you and us only, and not with the relevant platform provider (including Google LLC, Microsoft Corporation, or any other platform operator);

(b) the platform provider has no obligation to furnish you with any maintenance and support services with respect to our mobile application;

(C) if our mobile application fails to conform to any applicable warranty, you may notify us directly, and any warranty claims are to be directed to us rather than the platform provider;

(d) he platform provider is not responsible for addressing any claims by you or any third party relating to our mobile application or your use thereof, including but not limited to product liability claims, regulatory compliance claims, or consumer protection claims;

(e) the platform provider is not responsible for any intellectual property infringement claims relating to our mobile application;

(f) you must comply with any applicable third-party terms of service when using our mobile application, including the relevant platform provider's terms of service;

(g) you represent and warrant that you are not located in any country subject to government embargo or designated as supporting terrorism, and are not listed on any government list of prohibited or restricted parties; and

(h) we retain all responsibility for our mobile application, including maintenance, support, and addressing any claims or issues arising from its use.

15. Suspension and Termination

15.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

15.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

(a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(b) you breach these Terms and that breach cannot be remedied; or

(C) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

15.3 You may terminate these Terms if:

(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b) we breach these Terms and that breach cannot be remedied.

15.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 16.9), and termination will take effect immediately.

15.5 Upon termination of these Terms:

(d) we will retain Your Data (including copies) as required by law or regulatory requirements;

(e) for Owners, their existing Equipment Listings will be removed and any Hire Bookings not yet fulfilled will be cancelled (and Hirers will be refunded accordingly); and

(f) or Hirers, their Hire Bookings not yet provided will be honoured unless it is a requirement of the relevant Hire Booking that Hirers are active users of our Platform (in which case a refund will be at the discretion of Owners or the terms of the relevant Equipment Listing (if any)).

15.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

16. General

16.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party

16.2 Disputes between Owners and Hirers: We encourage Owners and Hirers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Owners and Hirers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Owners and Hirers.

16.3 Disputes with Local Hire Marketplace: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; o

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

16.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

16.5 Governing law: These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts in Queensland and any courts entitled to hear appeals from those courts.

16.6 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

16.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications

16.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

16.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

16.10 Publicity: You agree that we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

16.11 Survival: Clauses 9 to 16 will survive the termination or expiry of these Terms.

16.12 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

17. Definitions

17.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Equipment has the meaning as set out in clause 2.1.

Hire Booking has the meaning as set out in clause 2.5.

Hire Fee has the meaning as set out in clause 2.2.

Hire Period has the meaning as set out in clause 2.4(a).

Hire Request has the meaning as set out in clause 2.4

*Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 4.7

Test and Tag Regulations means all applicable laws, regulations, and standards that require the electrical safety testing, inspection, certification and tagging of portable electrical equipment, including compliance with work health and safety legislation and AS 3760:2010 or similar standards.

WHS Laws means all applicable work health and safety legislation and regulations, including that legislation and regulations which are applicable in the state or territory in which the Hire Booking is provided.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services

OUR DISCLOSURES

• Platform Licence and Term
• Platform Summary
• Owner Obligations
• Hirer Obligations
• Account
• Payments
• Reviews
• Availability, Disruption and Downtime
• Confidential Informationand Personal Information
• Consumer Law Rights
• Intellectual Property and Data
• Liability
• Notice Regarding Apple
• Notice Regarding Non-iOS Apps
• Suspension and Termination
• General
• Definitions