Terms & Conditions
Terms and Conditions
Use of Website and Service
- The Rentzi website (“Website”) and related services (together with the Website, the “Service”) are operated by Rentzi Pty Ltd ACN 608 501 711 (“Rentzi,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). Accessing or using any part of the Service constitutes a legal agreement ("Agreement") that you have read, understood, and agree to be bound by these Terms and Conditions. Rentzi may amend, update or change these Terms and Conditions. If we do this, we will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of:
(i) the end of such seven (7) day period; or
(ii) the first time you access or use the Service after such changes.
If you do not agree to abide by these Terms and Conditions, you are not authorised to use, access or participate in the Service.
Description of Website and Service
- The Service allows users (each a "User") to rent items and spaces from other users as well as make requests for items and services they are looking for ("Renters"). Users can offer their own items and services ("Owners"). Rentzi provides an online platform to connect these Renters and Owners. Accordingly, Users of the Website must be of legal age in their applicable State or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them and in no case shall any User be less than eighteen (18) years old. Registration is void where prohibited. Your registration for, and/or use of, the Website constitutes your representation and warranty that:
(i) you satisfy these eligibility requirements; and
(ii) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.
Rentzi may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
- By registering for and using the Service, you agree to:
(i) provide accurate, current and complete information about you and/or your organisation as requested by Rentzi;
(ii) maintain the confidentiality of your password and other information related to the security of your account;
(iii) maintain and promptly update any registration information you provide to Rentzi, to keep such information accurate, current and complete; and
(iv) be fully responsible for all use of your account and for any actions that take place through your account.
Your Representations and Warranties
- You represent and warrant to Rentzi that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Australia and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Australia and/or the jurisdiction in which you reside.
Contact with Other Members
- You are solely and exclusively responsible for your interactions with other members and/or Users, whether in person or online. You acknowledge that Rentzi does not screen Users, nor does Rentzi perform any investigation into Users' background or any of their representations or statements made to you or others. Rentzi makes no representations or warranties as to the background or conduct of any User.
- You forever release Rentzi from all liability for any damages of any kind, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.
- You acknowledge and agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You are strictly prohibited from using the Website for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of the Website or Rentzi, or any other person's use or enjoyment of the Website or of any good or service procured through the Website.
- You will not upload, display or otherwise provide on or through the Service any content that is:
(i) libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or
(ii) in Rentzi’s sole judgment, is objectionable or that restricts or inhibits any other person from using the Service or that may expose Rentzi or its users to any harm or liability of any type.
- The following non-exhaustive list of illegal or improper conduct is expressly prohibited:
(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(ii) Publish, post, upload, distribute, and disseminate any appropriate, profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
(iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
(v) Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages;
(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(vii) Download any file posted by another user of Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(viii) Any attempt to use or gain unauthorised access to data, accounts, hosts, systems or networks of Rentzi or any User or supplier, or those of any other party;
(ix) Any attempt to probe, scan or test the vulnerability of a system or network of Rentzi or any User or supplier, or those of any other party;
(x) Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
(xi) Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting;
(xii) Falsification of address information or other modification of e-mail headers to conceal the sender's or the recipient's identity;
(xiii) Use of the Website or any Rentzi service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
(xiv) Use of the Website or any Rentzi service to engage in activities that violate any applicable law or governmental regulation; and
(xv) Harvest or otherwise collect information about others including email addresses without their consent.
- You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner on the Website or transmit to any other User ("Content"). You will not post or distribute to another User any illegal or prohibited Content, including (but not limited to) Content that:
(i) is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(iii) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing ("spamming");
(iv) contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
(v) is abusive, threatening, obscene, defamatory or libelous;
(vi) contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
(vii) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(viii) contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
(ix) solicits personal information from anyone under the age of 18;
(x) provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(xi) solicits a password or personally identifying information for commercial or unlawful purposes from another User; and/or
(xii) engages in commercial activity and/or sales without our prior written consent such as contests, sweepstakes, advertising, and/or pyramid schemes. Rentzi reserves the right to delete or modify any content it deems inappropriate at its sole discretion and without notice.
- While using this Site and Services, you will not:
(i) post Content or items in an inappropriate category or areas on our sites and services;
(ii) post or rent any items or services that are on our Prohibited Items List;
(iv) use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, or Services;
(v) manipulate the price of any item or interfere with other Rentzi Member's (hereinafter a "Member") offers;
(vi) circumvent or manipulate our fee structure, the billing process, or fees owed to Rentzi;
(vii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(viii) interfere or attempt to interfere with the proper working of the Site, Services, or any activities conducted on or with the sites, services, or tools;
(ix) bypass any measures we may use to prevent or restrict access to the Site;
(x) post false, inaccurate, misleading, defamatory, or libelous Content (including personal information);
(xi) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or using it for purposes unrelated to Rentzi);
(xii) transfer your Rentzi Member Account (including feedback) and Member ID to a third party without our consent;
(xiii) distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
(xiv) distribute viruses or any other technologies that may harm Rentzi, or the interests or property of Rentzi users;
(xv) export or re-export any Rentzi tools except in compliance with the export control laws of any relevant jurisdictions;
(xvi) copy, reproduce, modify, create derivative works from, distribute, or publicly display rights or Content (except your own information) from the Site, Services or Rentzi's copyrights and trademarks without Rentzi's express written permission and the appropriate third party, as applicable;
(xvii) harvest or otherwise collect information about users and/or Members, including email addresses, without their consent.
- You acknowledge and agree that Rentzi may (but has no obligation to) review and delete any Content, message, or other material posted to or sent through the Website that Rentzi in its sole discretion determines is in violation of this Agreement, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Users, persons or entities. Rentzi further reserves the right to refuse use of the Website or any other service to anyone. However, you remain solely responsible for the content posted or otherwise communicated by you, and the goods and services exchanged by you through the website. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to Owners and Renters, particularly if you decide to meet offline or in person.
Description of Rental Offer
- The Rental Offers describe the objects, products, goods and services that are currently on offer for rent (the “Equipment”). They can only include the words, documents and images which the member decides to put online. Members are responsible for their Content, especially with regards to any intellectual property claims which might be made by a third party. All the objects, products, goods, services, and spaces must be placed in the appropriate category. Any Member, including you, who posts a Rental Offer (an "Owner") is solely responsible for ensuring proper category choices for their rental offers. Placement of an offer in a particular category by an Owner can in no instance be interpreted as a guarantee on Rentzi’s part regarding the origin and authenticity of said rental object. An Owner must have either all ownership rights to an object, or all rights allowing them to put the object they have listed up for rent. Any material terms and conditions of a Rental Offer, including, but not limited to, cost of rental, security deposit, delivery, maintenance fees, or any additional fees, representations or warranties must be clearly indicated in the Rental Offer. Further, if any Rental Agreement is to be proposed by the Owner it must be attached to the Rental Offer. While the Rental Offer will include the Owner’s city and State, the Owner may make no mention of personal contact information anywhere on the Rental Offer. Things that are considered as contact information include, but are not limited to, the physical location of the Item, the Owner’s physical address, fax, telephone number, mailing address email address, or any other way to contact the Owner outside of the Rentzi interface.
- Rentzi recommends that Owners obtain appropriate insurance for their Rental Offers. Please review any insurance policy that you may have for your Offer and any property relating to your offering carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals who the Renter invites to participate in the service or activity, if applicable) while participating in the service or activity you sponsor.
- It is the Renter’s responsibility to insure the Equipment for the period of use. Should the Equipment be lost or damaged as a result of anything outside of the Renter’s control (such as flooding, fire, or theft), the Renter is still liable for the repair or replacement of the Equipment. The Renter shall take out insurance satisfactory to the Owner and equal to the full replacement value of the Equipment unless otherwise agreed to by the Owner.
- Rentzi recommends that Owners take a photocopy or photograph of the Renter’s identification prior to the transaction when the owner and renter meet for the exchange of the item or service. Additionally, Rentzi recommends that Renters also take a photocopy or photograph of the Owner’s identification.
Non-rentable Objects and Goods
- You agree that any Items that you offer for rent in a Rental Offer are:
(i) only objects, spaces, goods, and services that are part of regular market commerce;
(ii) authorised under local, state, and federal laws to be held, used, and leased;
(iii) free of defects that would put persons or other property in danger;
(iv) not counter to the public good or unethical; or
(v) not on the Prohibited Items List.
- The responsibility lies with Owner to ensure that the objects he or she offers for rent are legal, authorised and not forbidden. In cases where illegal products are offered for rent, penal and/or civil responsibilities may be incurred. All Members who become aware of a rental offer that involves forbidden goods agree to contact Rentzi immediately via email at admin@Rentzi.com. Rentzi reserves the right to remove from its website any listings which are against the law, and/or contrary to its principles and morals. Rentzi also reserves the right to ban the Member who posted said offer.
Prohibited Items List
- Owners are prohibited from posting or renting the following items or services (together “The Prohibited Items List”):
(i) alcohol (see also wine);
(ii) animals, animal by-products and wildlife products such as live animals, mounted specimens, and ivory;
(iii) artifacts or grave-related items;
(iv) badges or emblems which signify organisations or people who have been responsible for crimes against humanity;
(v) catalytic converters and test pipes;
(vi) cell phone (wireless) service contracts;
(vii) charity or fundraising listings;
(viii) contact lenses, pacemakers, and surgical instruments;
(x) cosmetics, used;
(xi) counterfeit currency and stamps;
(xii) credit cards;
(xiii) currency, selling;
(xiv) drugs and drug paraphernalia;
(xv) electronic surveillance equipment such as wiretapping devices and telephone bugging devices;
(xvi) embargoed goods and prohibited countries;
(xvii) event tickets;
(xviii) firearms, weapons, and knives - examples include pepper spray, replicas, and stun guns (see also military items);
(xx) gift cards;
(xxi) government documents, IDs, and licenses;
(xxii) government, transit, and shipping-related items such as airplane operations manuals, subway employee uniforms, and Australia Post mailbags;
(xxiii) hazardous materials such as batteries, fireworks, and Freon;
(xxiv) human parts and remains;
(xxv) any form of identification of a person or living thing (e.g. driver license, employee ID, passport);
(xxvi) import/export services;
(xxvii) international trading;
(xxviii) items encouraging illegal activity such as an eBook describing how to create methamphetamine;
(xxix) lock picking devices or services;
(xxx) lottery tickets;
(xxxi) mailing lists and personal information;
(xxxii) manufacturers' coupons;
(xxxiii) military items that are issued as controlled items or are restricted by the Australian Government (see also firearms, weapons, and knives);
(xxxiv) multi-level marketing, pyramid, and matrix programs;
(xxxv) offensive or illegal materials - examples include ethnically or racially offensive material or child pornography;
(xxxvii) pirated goods or illegal recordings;
(xxxviii) police-related items;
(xxxix) political memorabilia (reproduction);
(xl) pornographic, paedophile or violent natured goods-- or that are otherwise inappropriate for minors;
(xli) postage meters;
(xlii) prescription drugs;
(xliii) prohibited services;
(xliv) real property (eg: house and/or land)
(xlv) recalled items;
(xlvii) stocks and other securities;
(xlviii) stolen property and property with removed serial numbers;
(xlix) surveillance equipment;
(li) TV de-scramblers, radar scanners, and traffic signal control devices; and
(lii) weeds and seeds, plants and vegetables that are illegal in Australia.
Proposed Renter’s Obligation
- Any Member, or you, who wishes to send a "Reservation Request" to a Rental Offer (the "Proposed Renter") agrees that he or she will review the Rental Offer in its entirety, including any proposed Rental Agreement, before sending a Reservation Request. If the Proposed Renter wishes to amend any terms of the proposed Rental Agreement, he or she must do so in his or her Reservation Request.
- As a Renter, you may not, without the prior written consent of the Owner, transfer or assign a Rental Agreement or any part thereof. Any attempt to do so shall be a material default of the Rental Agreement and shall be void.
- The Owners, not Rentzi, are solely responsible for honouring any confirmed bookings and making available any Listings reserved through the Service. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Owner. You acknowledge and agree that you, and not Rentzi, will be responsible for performing the obligations of any such agreements, and Rentzi is not a party to such agreements and disclaims all liability arising from or related to any such agreements. Rentzi has no obligation to provide you with a refund for any booking you make through the Service. Owners also agree to abide by the terms and conditions set forth by Stripe Inc. in order to receive payments.
Rentzi is not a Party to Any Rental Agreement
- Rentzi does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of putting people who want to rent items and spaces in touch with people who have items and spaces to rent. We never intervene in the transaction between the Renter and the Owner. Rentzi cannot thus be considered part of the Rental Agreement between members of the Site. Rentzi exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Offers, or over the ability of Owners to rent the Items listed or over the ability of the Renters to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction.
- Any security deposits or guarantees required by the Owner in whatever form remains the sole responsibility of the Renter and Owner. Rentzi is not responsible for the collection, retention, or refunding of any security deposit, for the control of the exact identity of the Owner and the Renter, or for collecting money owed by the Renter to the Owner or by the Owner to the Renter. Accordingly, Rentzi recommends that you seek professional advice when preparing your own Rental Agreement.
Accepted Terms/Rental Transactions
- The Owner is free to accept or deny any Rental Request. However, once the Owner has accepted the Reservation Request, the Owner and the Proposed Renter agree that the proposed terms of the transaction, including any Rental Agreement is binding subject to any conditions laid out in the Rental Agreement, such as inspection upon delivery.
- Rentzi is not responsible for any "double booking" by an Owner or the late return of an Item by a Renter. As such, Rentzi highly recommends that Owners leave enough time between accepted Rental Requests to receive the Item back from a previous Renter.
- Rentzi is not responsible for the condition of the Items posted in a Rental Offer. As such, Rentzi highly recommends that the Proposed Renter inspect the Item prior to signing a rental agreement and that the exchange of any Item occurs in person.
- Users of the Service will be charged the following fees:
(i) Renter Service Fee - Currently there is a 10% fee plus $1.40 that is deducted from the total transaction amount paid by the renter before payment is made to the owner. Additional to the total amount, Stripe Inc, Rentzi's payments processor, collects a fee of 2.9% + $0.30 per transaction. This fee is in addition to the total amount and is paid by the renter upon check out;
(ii) Cancelation Fee - If a Renter cancels the Reservation Request before it has been accepted by the Owner who posted the Rental Offer or the Owner does not accept the Reservation Request, Rentzi will not charge the Renter. Subject to the terms and conditions herein, once the Owner accepts a Reservation request, payment of the transaction fee (less the Stripe transaction fee) is refundable up to 24 hours before the agreed upon rental date and time. A 10% cancellation fee will otherwise be charged to the Renter for cancellations within 24 hours of the agreed upon rental date and time;
(iii) Rental Fees are set by the Owner of the item. The Renter authorises Rentzi on behalf of the Owner to charge the debit card or credit card on file an amount equal to all payments and fees due under the Rental Agreement. The Renter must also pay other charges due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
(a) applicable taxes;
(b) unless due to the fault of Owner, all fines, penalties, and other expenses relating to the Equipment used by the renter during the rental Term; and
(c) all costs incurred by Rentzi to collect unpaid monies due;
(iv) Late Fee – If the Renter fails to return the Equipment to the Owner by the agreed time, an additional fee will be charged to the Renter via the debit card or credit card on file;
(v) Security Deposit - A Renter is responsible for providing the Owner with a security deposit if the Owner has requested such in the Rental Agreement. The security deposit amount is specified by the Owner. The Owner is responsible for returning the security deposit to the Renter. Once the Renter returns the Equipment to the Owner, the Owner will refund the security deposit to the Renter after making any deductions for all reasonable repair or replacement costs. The Renter irrevocably authorises the Owner to make such deductions from the security deposit. It is the responsibility of the Owner and the Renter to negotiate these costs between themselves and the parties forever release Rentzi from any liability arising from deductions to the security deposit; and
(vi) Premium Listing Fee – A $1.99 fee is charged to owners who chose to post a ‘premium listing’. These listings allow for additional photographs, video, and text to be included in the listing. Premium listings are highlighted and appear at the top of search pages.
- Rentzi reserves its right to charge the following fees in the future:
(i) Membership Fees - a 'premium membership' option in the future that would enable access to premium features; and
(ii) Commission - additional fees charged to the Owner that are deducted from the overall rental fee that is received from the Renter.
- Joining Rentzi is free but, in exchange for providing the Service, Rentzi charges a small transaction fee to the Renter of a Rental Offer. As a Renter, you agree to pay the amount posted or agreed to by the Owner of the item you want to rent including a small fee to Rentzi for facilitating the Service and to Stripe Inc. for transacting the payment process. As an Owner, posting an item is free. However, some optional services or functionality may incur additional fees.
- If you find an item that you are interested in or submit a request for an item, you will be asked to provide your credit card information. Alternatively, we will have this information stored from a prior transaction with your permission to use that card for future reference. If the Owner who posted the item accepts your Reservation Request, your card will be charged at the time of acceptance. If the Owner fails to respond or opts not to accept your Reservation Request, your card will not be charged. The funds will be transferred to the Owner upon the successful completion of the transaction according to Stripe Inc's terms and conditions.
- If you cancel your reservation request, Rentzi will refund you in accordance with the specific pricing policy and may be subject to a cancellation fee.
- Rentzi does not do business as an Owner or operator of the items rented through its system. Rentzi merely makes available a marketplace for Owners and Renters to meet and arrange transactions. Rentzi is not a contracting agent or representative of the Owner or Renter. Instead, Rentzi’s role is solely to facilitate the availability of this marketplace for the Owner and Renter to provide services related thereto, and any agreement for the use of any accommodations is solely between the Owner and Renter, and not Rentzi. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any Owners or Renters with whom you choose to enter into a transaction. Because State and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Owners or Renters.
- As a Renter, you are responsible for returning the item in the condition that it was given to you. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged item with equivalent items, up to the Recovery Value of the item.
Damage to Owner’s Property
- As a Renter, you shall not:
(i) permit the Equipment to be used by any person who is not authorised to use such Equipment;
(ii) operate or use the Equipment or permit it to be operated or used in violation of law;
(iii) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
(iv) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
- As a Renter, you agree to operate, maintain and store the Equipment strictly in accordance with any instruction provided by the Owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the Owner or posted on the equipment as to the operations, maintenance and storage thereof. The Renter agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations. The Renter shall ensure the equipment is returned to the Owner cleaned. Fuel tanks on any equipment shall be full of fuel when the Equipment is returned to the Owner. The Owner agrees to provide the item cleaned and in good condition at the agreed upon time of the rental period start. The Owner will complete and submit the Condition Report prior to the rental period start (found at www.rentzi.com/condition_report). The Renter acknowledges that the Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Condition Report. The OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- As a Renter, you are responsible for returning any property you lease or borrow from an Owner in the condition it was before you took possession of the property, fair wear and tear excepted, by the date and to the location specified by the Owner in the Rental Agreement. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the property. You indemnify Rentzi against any liability for damage to an Owner’s property.
- As a Renter, you agree to only use the Equipment in a careful and proper manner and shall not use the Equipment in any way that is inconsistent with the Owner’s instructions or manuals.
- For the period of the rental, the Renter takes full responsibility for the Equipment. The Renter shall notify the Owner of any damage to the Equipment. If the Equipment is damaged other than as a result of fair wear and tear, the Renter is responsible for the full costs of repair or replacement of the Equipment. The costs of all repairs made during the Term shall be paid by the Renter, including but not limited to labour, material, parts and other items. The Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
- The Owner shall at all times retain ownership and title to the Equipment. The Renter shall immediately notify the Owner in the event the Equipment is levied, has a lien attached or is threatened with seizure. The Renter shall indemnify and hold the Owner harmless against all loss and damages caused by such action. The Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
- As a Renter, you indemnify and hold harmless the Owner from and against any claim, demand, cause of action, loss or liability (including legal fees on an indemnity basis and expenses of litigation) for any property damage or personal injury arising from the Renter’s use of the Equipment by any cause, except to the extent caused by the Owner’s gross negligence or wilful misconduct. The provisions of this Paragraph shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Remedies and Disputes
- Users are encouraged to resolve disputes between themselves. Dispute resolution is the sole responsibility of the Owner and the Renter. If required, Rentzi will assist the parties by providing information about the listing or transaction to reach an amicable resolution in all disputes. You acknowledge that Rentzi is not responsible for dispute resolution.
Employment and Withholding
- Rentzi is not an employment service and does not serve as an employer of any User. As such, Rentzi will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of our Service. You understand and agree that if Rentzi is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay to Rentzi an equivalent amount, including any interest or penalties thereon. Rentzi reserves the right to offset any amounts due to you hereunder in the event Rentzi is found to be liable for any tax or withholding tax in connection with your use of the Service.
- No independent contractor, agency, partnership, joint venture, trust, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Indemnification of Rentzi
- You agree to defend, indemnify and hold harmless Rentzi and its owners, directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including all legal costs on an indemnity basis, arising out of or relating to your access or use of the Service or your breach of any of these Terms and Conditions.
No Representations or Warranties
- THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY RENTZI ARE PROVIDED TO YOU ON AN “AS IS” BASIS. RENTZI AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RENTZI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
- IN NO EVENT WILL RENTZI BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF RENTZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RENTZI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, OR PERSONS INTRODUCED BY THE WEBSITE, WHETHER ONLINE OR OFFLINE. RENTZI MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. RENTZI DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE WEBSITE. RENTZI SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY RENTZI ITSELF, INCLUDING BUT NOT LIMITED TO ANY USER'S PRODUCT OR SERVICE THAT IS POSTED ON THE WEBSITE.
- Rentzi may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Rentzi account at any time by following the instructions available through the Service.
- The provisions of these Terms and Conditions relating to the protection and enforcement of Rentzi’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
- Any Rental Agreement between a Renter and an Owner shall terminate once the Renter returns the Equipment to the Owner and the Owner acknowledges receipt of the Equipment in a satisfactory condition. The Owner may terminate a Rental Agreement earlier upon notice to the Renter.
Proprietary Rights in Service Content and Activity Data
- All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Rentzi or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Rentzi, all data and information generated from your access and use of rental platform activities made available on or through the Service, including items and spaces offered generated by you (collectively, the “Activity Data”), shall be exclusively owned by Rentzi, and you shall not have any right to use such Activity Data except as expressly authorised by these Terms and Conditions. By using the Service, you hereby assign to Rentzi any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Rentzi or its licensors that are not expressly granted in these Terms and Conditions are reserved to Rentzi and its licensors.
- “Rentzi ” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Rentzi their respective owners, and certain of them are registered with the Australian Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Rentzi name or any Rentzi or third-party trademarks, service marks, graphics or logos.
Governing Law and Arbitration
- These Terms and Conditions, its subject matter and Rentzi ’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Government of Australia, excluding the conflict of law provisions of that or any other jurisdiction. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
- Any dispute arising between you and Rentzi will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Australia. Unless otherwise expressly required by applicable law, each party shall bear its own legal costs without regard to which party is deemed the prevailing party in the arbitration proceeding.
- This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version prevails.
- These Terms and Conditions constitute the entire agreement between Rentzi and you concerning the subject matter hereof.
- Any of these Terms and Conditions, which is prohibited or unenforceable in the jurisdiction specified above, will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
- A waiver by Rentzi or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Rentzi may assign its rights or obligations under these Terms and Conditions without condition.
- These Terms and Conditions will be binding upon and will inure to the benefit of Rentzi and you, and Rentzi’s and your respective successors and permitted assigns.
- The contra proferentem rule and other rules of construction will not apply to disadvantage us whether we put the clause forward, were responsible for drafting all or part of it or would otherwise benefit from it.
- The rights and obligations of the parties under these Terms and Conditions do not merge on completion of any transaction contemplated by these Terms and Conditions