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Terms and Conditions of Use

                  

ReShare Pty Ltd, ABN | 32 638 463 439

www.reshare.com.au

 

ReShare Member Terms of Use

 

 

1. Contractual Relationship

  1. These Terms and Conditions of Use (“Terms“) govern the access or use by you, an individual (“You”), for applications, websites, content, products, and services (the “Services”) made available by ReShare (“Us”); a private limited liability company registered in Australia with ABN 32 638 463 439

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

  1. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and ReShare. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.

 

2. Contract Terms Amendments

These Terms may be changed by Us from time to time and notice may be given to You. Notice is deemed given (whether or not actually received) when any of the following is done by Us: 

  1. Sends notice of the amendment to You at any address (including an email address) supplied by You. 

  2. Publishes the amended terms on its website www.reshare.com.au

Changes to these Terms will only apply to Membership Applications entered into after the change occurs.

 

3. Applying for Membership

3.1 Applications for Membership are by the online application form on Our Application, By submitting a Membership Application, You agree that:

  1. You are at least 18 years of age

  2. You have an appropriate credit or debit card with sufficient funds to cover Your Damage Cover Liability and Fees and Charges that You may incur in relation to Your use of the Service; and

  3. You have a satisfactory credit history as reported on Your credit record.

  4. We will provide credit to You to make use of Our Service and as such, You consent to Us communicating with a credit reporting agency in the manner described in Schedule 1.

  5. You must inform Us immediately if You cease to meet any of the Eligibility Requirements at any time while You continue to be Member.

  6. We may accept or reject any Membership Application at Our discretion.

  7. The remaining conditions of this contract apply to You from the moment we accept your Membership Application. 

 

4. Use of Service

4.1 In order for You to use our App, you agree:

  1. We provide the Service of a technology application that allows sharing of household items. The household items are provided by Owners to Borrowers under a separate contract, the terms of which are informed by these terms. We may act as an agent of Owners or Borrowers under that separate contract, as provided for in these terms 

  2. We do not control the condition of any item, the actions of any Member, or the information provided to us by You or other Members are included in any Member Profiles or otherwise made available to You. You are solely responsible for Your actions and inactions in relation to Your Use of the Service and Your interactions with other Members.

  3. We are not liable for, and disclaim any liability related to, your interaction with other Members, your use of other Members’ items or other Members’ use of Your items, or any Member’s action or inaction, with respect to the Service. You use any item made available through the Service at Your own risk. We owe You no duty of care, and disclaim all responsibility or liability to You, or any third party (however arising) resulting from any accident, or any failure of an item.

  4. By using the Service, You agree that any legal claim or remedy that You seek to make or obtain under a contract for item sharing services, or for actions or omissions of other Members or third parties will be limited to the particular Member 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 Members, You release us (and our officers, directors, agents, and employees) from liability (however arising, whether under contract, tort, stature or otherwise) in any way connected with such disputes or claims.

  5. You acknowledge that the use of the Services (including the availability of the Booking System) 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 Booking System), or that access to the Service (including the Booking System) will be free from interruptions or errors.

  6. You acknowledge that the Services depend upon telecommunications, cloud storage and other services delivered to Us and Members by third parties, the availability of which We cannot control;

  7. 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.

 

5. Member Profile and Use of our Application 

  1. We will create a Member Profile for You using the information that You provide to Us in Your Membership Application or by any other method. This Member Profile will be accessible to You via the Profile section of Our Service. Some information from Your Member Profile, such as Your profile photo, first name, contact details and reviews, may be made available to other Members if You make a Booking for their items.

  2. You are responsible for updating and maintaining the currency of Your own Member Profile on Our Service. You must ensure that any information posted in Your Member Profile is correct and complete and not misleading.

  3. You warrant that any text, images or other content that would constitute intellectual property of any nature (“Materials”) that You include in Your member 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.

  4. We do not guarantee the completeness or correctness of any information that Members provide to Us at the time of submitting a Membership Application or afterwards. We will not under any circumstances be liable for any loss or damage resulting from or arising in connection with any errors, inaccuracies or misrepresentations in Your Member Profile or any other Member’s Member Profile.

  5. We will create a Member Profile for You when your Membership Application has been accepted. You must keep Your Member password confidential and secure. You must use Our Service and the Booking System only for the intended purpose of making valid Bookings for the Service, and You will be liable for any use of Our Service, including the Booking System, that is made using Your Member Profile.

 

6. Acceptance and Cancellation of Bookings

6.1 You agree to make arrangements for sharing another Member’s items only through the Booking System.

6.2 The minimum Booking Period is one day and bookings are made at hourly intervals. If you wish to Pick Up your booked item at any other time, it is your responsibility to contact the Lender and organise yourself.  

6.3 You must, for the benefit of any Member whose Item you make a Booking for through Our Service, other Members and Us:

  1. Confirm the beginning and end times of any Booking that You make before You begin using a item;

  2. only use another Member’s item during the period for which You have a confirmed Booking;

  3. pay the Booking Fee and or any other fees in connection with Your Booking (even if You collect the item after the start of the Booking Period, return it before the end of the Booking Period, or do not use it at all during the Booking Period) unless You cancel the Booking, in which case clause 6.5 applies; and

  4. pay the charges as set out in the Fees and Charges on Our Service if You use the item outside of the period for which You have Booked the item or fail to return the item to the proper location at the agreed time.

6.4 We may, on behalf of a Member whose item you have Booked, cancel that Booking (either before the Booking commences or during the Booking Period), if We are unable to take a pre- payment or deposit on Your Card

6.5 If You cancel a Booking, You may be required to pay Booking charges for part or all of the Booking, as follows:

  1. As a Borrower, You can change or cancel your Booking at any time up to 24hrs prior to the booked pickup time and you will not be charged for the Booking. 

  2. Any time after 24 hours before the Booking Pickup, you will be liable to pay the Booking Fees and Charges of the booking for the first day’s rate or the first weeks or the first months charge for weekly or monthly Bookings, the remaining days/weeks/months charge will be credited back to you. 

  3. As an Owner, you will not receive any proceeds from the Booking when the Booking has been cancelled by the Borrower.

 

7. Liability for Loss or Damage

7.1 When using Our Service for Booking an item, you agree to:

  1. If You Borrow an item, You must return it to the Owner in the same condition that it was in at the start of the Booking. You are responsible to the Owner and to Us for all Loss and Damage that occurs while You have possession of the item.

  2. If You Borrow an item, You must take and provide to Us photographs of the item when You take possession of the item and when You cease to have possession of the item. Failure to do so may mean that You will be deemed to have caused, and be liable to the Owner and Us for, any Loss and Damage or untidiness to the item, even if that Loss and Damage or untidiness may have occurred before or after You took possession of the item. 

  3. If You are an Owner, You must inspect the item and report to Us any damage that has occured. Failure to do so may mean that You will be deemed to have caused, and be liable to Us for, any Loss and Damage or untidiness to the item, even if that Loss and Damage or untidiness may have occurred before You re-took possession of the item.

  4. If You are an Owner, you must report any damage identified related to your Item, within 24 hours from the end of the Booking Period. If you report damage after this time, the security deposit may be returned to the Borrower and you may be liable for the Loss and Damage

  5. If Loss and Damage is identified or reported to Us in connection with Your possession of the item, We may withhold (if any) your secure deposit amount, which the Lender has stipulated and that You agreed to at time of Booking the item. We may also charge Your Card to Our account for the amount that We estimate, in good faith, will be sufficient to cover the extent of the damage. You are liable to Us for and will be charged the costs of rectifying the Loss and Damage up to the amount of the replacement cost of the item which We determine.

  6. If you dispute the Loss and Damage or the amount charged, You must pay the amount determined under clause 7d and contact Us. We will address or assist you to resolve the dispute in good faith, that supports both the Owner and the Borrower. We will do so on behalf of an Owner if a disputed amount is owed to or has been paid to the Owner. If the dispute is resolved in your favour, We will return the disputed amount to you.

  7. If the actual costs of, or associated with, the Loss and Damage are less than the amount that You have been charged, or if We recover the costs from any third parties who may have been at fault, then We will reimburse the difference to Your Card within a reasonable time after all costs have been fully quantified and forward to you an invoice for the final amount. Alternatively, if We discover that the actual costs are not covered under this Agreement, or if the actual costs exceed the amount that You have been charged, then we may charge Your Card, either for Our account or for the Owner’s account, with the outstanding amount.

 

8. Indemnification

As a condition of use of our Service, You must:

  1. Fully indemnify ReShare of all liability for any injury and/or damage to any extent to persons and property caused or contributed to by You in relation to Your use of an Item which is booked using our Service. 

  2. 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 any dispute or claim that you raise against one or more Members

  3. Indemnify and hold harmless ReShare and our affiliates and our respective officers, directors, agents and employees from any claim made by You or any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, arising from or relating to Your use of the Services

  4. Complete a thorough hazard and risk assessment and comply with all Occupational Health and Safety Laws Relating to the operation of the Item

 

9. Use of Items

9.1 If You are a Borrower, then at the start of a Booking Period, and before using the item, You must:

  1. follow any instructions given in Our App and

  2. take photographs that clearly show all surfaces (and upload these photos as instructed in Our App).

9.2 Once You have satisfied clauses 8a and 8b, whilst the item is in your possession You must not:

  1. Use the borrowed item for any use other than personal use only; not for rehire, fare or reward

  2. Permit any person who is not of good health or under the age of 18 years of age to use the item

  3. Use the item for any purpose other than what the manufacturer specifies its use for

  4. Use the item for or in connection with any illegal or criminal activity.

  5. Sell, rent or dispose of the item or any of its parts, or attempt to give anyone legal rights over the item or any of its parts

 

10. Damage, Failure and Accidents

  1. If the item fails or is involved in an Accident during a Booking Period, You must report any damage (irrespective of whether it results in the item being broken or destroyed) to Us as soon as possible after the damage occurs.

  2. You must assist Us (at Our cost and direction) in respect of any claim or action brought in respect of any Accident, including attending court to give evidence, and tell us about any other information that may be relevant to the claim.

  3. You must promptly give Us any papers or other documents that You receive concerning the Accident and take reasonable steps to ensure that any other person who receives any such papers or documents concerning the Accident provides those papers and documents promptly to Us.

  4. By entering into this Agreement, You consent to and authorise Us to obtain copies of any police witness statements or reports made or able to be obtained by You in relation to any Accident or police charges against You.

  1. If there is any fault or issue at the start of a Booking prior to You commencing use of the item You must call Us to report the issue.

  2. The Borrower is responsible for returning the item to its Booking location following any failure or fault.

  3. Neither We nor the items Owner will provide any compensation or reimbursement for costs or losses You incur as a result of an item being faulty, inoperable or unavailable for any reason.

 

11. Returning the Item

11.1 At the end of the Booking Period, You must:

  1. return the item to the same location from which it was collected or the Safe Spot specified by the owner

  2. ensure that the item is as clean and tidy than when You started the Booking;

  3. take photographs that clearly show all exterior surfaces and upload as instructed in the App; and comply with any other requests or instructions given by the Owner or Us.

11.2 If You do not do all of these things, You may be held responsible for Loss and Damage to the Item and/or charged an amount in accordance with the Fee Schedule. These amounts may be payable to Us for our account or payable to Us on behalf of the Owner.

11.3 If You use an item outside of a valid Booking Period, including if You fail to return the item within 6 hours after the end of the Booking Period, this will be taken to be a theft of the Item and We or the Owner may:

  1. report the item as being stolen; and/or

  2. take steps to locate, recover and repossess the item, or engage a third party to recover the item, without further notice to You.

  3. You must pay to us immediately on demand any costs we reasonably incur in recovering an item under clause 10.2 or 10.3.

 

12. Reviews

  1. Providing reviews about other Members and items is important to give other Members as much information about the Service as possible. Both Borrowers and Owners are requested to submit reviews following the completion of each Booking.

  2. When providing a review, You must not post any abusive, defamatory, obscene or intimidating material or statements.

 

13. Deposits, Invoices and Payments

  1. We may charge a deposit to Your Card before a Booking Period commences.

  2. We reserve the right to charge You for all or part of the estimated charges relating to Your Booking Period prior to commencement of the Booking Period and/or in instalments during the Booking Period.

  3. We will issue Invoices to You on a regular basis showing Your Membership Fees and a summary of all Booking charges and payments for the relevant period.

  4. If the Invoice shows an amount owing by You to Us or to an Owner, We will charge Your Card for that amount on the date shown in the Invoice.

If You fail to pay the amounts that You owe under this Agreement within the time allowed for payment (including if the Card that You have provided to Us for payment purposes is declined by the Card issuer or bank or if you request a chargeback from your Card issuer or bank), then at Our discretion, We may:

  1. charge a reasonable handling fee;

  2. charge interest on the outstanding amount, calculated daily at the rate equal to Commonwealth Banking Corporation standard business overdraft rate plus 2%;

  3. suspend provision of the Service to You, including by restricting or disabling Your access to Our App and preventing You from making or accepting Bookings; and/or

  4. cancelling Your Membership

  5. If You are in default of any obligation to pay money to Us or to an Owner under this Agreement, You must indemnify Us for any costs that We incur on our behalf or on behalf of the Owner in taking action against You to recover that amount.

 

14. Credit and Debit Card Charges

14.1 You authorise Us to charge the Card in respect of all Fees and Charges due and payable under this Agreement.

14.2 Where the Card is in Your name, You warrant that the Card is Yours and You (whether alone or with another person or other people) are responsible for all amounts charged or debited to that Card. Where the Card is not in Your name, You warrant that You are authorised to permit and authorise Us to charge the Card in accordance with this Agreement.

 

15. Communication Between ReShare and Users and Between Users

15.1 We may send notices and Invoices under this Agreement to You by email or post. You must ensure that the email and postal address that You have provided to Us in your Profile are correct at all times, and You must check Your email regularly.

15.2 A notice or bill sent under this Agreement is taken to have been received by You or by Us (as relevant):

  1. if sent by ordinary post, on the date two business days after it is posted; or

  2. if sent by email, four working hours after the time it is sent (unless the sender receives an automated notice that delivery did not occur or has been delayed).

15.3 You agree that We may provide your name, email address and telephone number to another Member if You have made a Booking to use their Item  or if they have made a Booking to use Your Item, so that they can communicate directly with You in relation to that Booking. You must not use the contact details of other Members for marketing or any other unauthorised purpose.

15.4 Once a Booking has been made, the contact details (such as mobile  phone number) of the Owner and Borrower are available to each other. It is expected that the other User 

15.5 If You have any questions about this Agreement or the use of the Service, You can contact Us via email to support@reshare.com.au.

 

16. Privacy

16.1 We will comply with all relevant Australian privacy legislation and our Privacy Policy in relation to Your personal information. You can find our Privacy Policy on our Website and from the ReShare App.

16.2 The terms of Our Privacy Policy form part of this Agreement. Our Privacy Policy sets out how We collect, use, store and disclose Your personal information.

16.3 If We do not collect personal information from You, We will not be able to provide Our Services to You and if any of the personal information You provide is incomplete or inaccurate, it’s likely that Our Services to You will be compromised.

16.4 You consent to Us providing Your personal information to other Members and to the relevant authorities as set out in clause 14.3

16.5 You can tell Us if You do not consent to Our use of such information, or if You do not wish to receive such information, or if you have any questions about Our Privacy Policy, you can contact us via email to support@reshare.com.au

16.6 By entering into this Agreement and by providing us with personal information, You represent to us that You have read, and agree to, the terms of Our Privacy Policy.

 

17. Dispute Resolution

17.1 If You have a complaint or dispute in relation to this Agreement, You can ask Us to consider the complaint and we will do our utmost to resolve the issue

17.2 We reserve the right, but have no obligation, to monitor or assist the resolution of disputes between You and other Members.

 

18. Cancellation and Suspension of Membership

18.1 We may immediately cancel or suspend Your Membership at any time by notice by email if You:

  1. breach the terms of this Agreement or the Privacy Policy  and the breach cannot be remedied or, if the breach can be remedied, You have not remedied the breach within 5 business days after We give you notice of the breach;

  2. in Our reasonable opinion, commit any illegal, dishonest or wrongful act, abuse or harass Our staff or other Members, or pose a threat to the safety or wellbeing of Our staff or other Members

  3. fail to make a payment that is due under this Agreement within 2 business days after We give You written notice of the payment default.

18.2 We may cancel Your Membership with no less than 30 days’ notice for any reason not listed in clause 17.1.

18.3 You may cancel Your Membership at any time by emailing Us and We will action your request as soon as possible. 

18.4 If Your Membership is cancelled, either by You or by Us, then:

  1. You must not use the Service on or after the date of cancellation;

  2. We will issue a final Invoice within 60 business days of the cancellation of Your Membership and either make payment to You or charge Your Card for amounts owing by You, in accordance with this Agreement; and

  3. this Agreement will terminate on the date that We have received final payment for all amounts owing by You to Us under this Agreement.

18.5 Termination of this Agreement does not affect any accrued rights or liabilities up to (and including) the date of termination.

 

19. Definitions and Interpretations

“Accident” means any incident or occurrence that results in the Item being damaged, lost or destroyed.

“Agreement” means the agreement comprising the contractual Terms as set out in this document

“Booking” means an instance where a Member uses Our Service to reserve an Item belonging to another Member

“Booking Fee” means the amount charged by Us to process each Booking.

“Booking Period” means the time period of a Booking starting from the booked Pick-Up time to the Drop-Off time (including any amendments to that period that are made and accepted through the Booking System).

“Booking System” means the technology that coordinates Bookings and payments 

“Borrower” means a Member who borrows, or makes a Booking to borrow, an Item.

“ReShare” (also “We”, “Us” or “Our”) means ReShare Pty Ltd ABN 32 638 463 439

“Card” means the credit or debit card that a Member has selected as their primary method of payment to Us for amounts owing to Us or that we collect as an agent for Owners.

“Drop-Off” means the time that the Borrower has chosen to Drop-Off the Item at the end of the Booking Period using Our Service

“Eligibility Requirements” means the minimum requirements set out in clause 3 that Members must meet in order to obtain and maintain Membership in the Service.

“Fees and Charges” means the set of charges levied on Members arising from their Membership in, and use of the Service.

“Invoice” means the itemised report of a Member’s use of the Service and will include details of any Fees and Charges incurred and any payments made.

“Item” means an object owned by a Lender who has created a Listing and a Borrower has made a booking for the item through Our Service

“Loss and Damage” means:

  1. damage to the Item that requires repair or replacement (excluding normal wear and tear)

  2. loss arising from theft of the Item or fire damage to the Item;

  3. Third Party Loss.

“Member” means any person whose Membership Application has been accepted by Us and whose Membership has not been cancelled, and may be a Borrower or an Owner.

“Member Profile” means the information about You that is stored on Our systems.

“Membership” means the state of being an active Member of the Service.

“Membership Application” means an application for Membership, which may be made electronically, and includes all of the information provided by the prospective Member in that form or in connection with that application;

“Owner” means a Member who owns an Item and has willingly listed their item to make it  available to other Members through Our Service.

“Pick-Up” means the time that the Borrower has chosen to collect the Item at the start of the Booking Period using Our Service

“Privacy Policy” means the document that stipulates how your personal information is collected, stored and used by Us. 

“Security Deposit” means the funds which ReShare take from the Borrower and hold on behalf of the Lender and intended to cover any damage or loss to an Item which occurs during the Booking Period. The Security Deposit value amount is decided by the Lender and agreed to by the Borrower when making a Booking.

“Service” means the technology (Mobile Application) that We provide allowing Members to borrow and Book other Members Items for use. 

“Website” means the website www.reshare.com.au and any associated mobile sites and sub-domains.