Borrowbud

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WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Borrowbud platform (Platform) and any other goods and services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Borrowbud Pty Ltd ABN 49 672 169 603 (Borrowbud, we or us).

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users;
  • Part B (Lenders), which sets out additional terms that apply to Lenders, being Users who register for a Lender Account and/or offer to lend goods or services through the Platform; and
  • Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to rent goods or services through the Platform.

If you intend to use the Platform as a Lender, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer.

When we talk about the “Goods” in this agreement, we are referring to the goods, tools and equipment available for rent through the Platform via Lenders.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

DISCLAIMER Borrowbud is a platform that facilitates the renting of Goods between Lenders and Customers only, and does not have any obligations or liabilities to Customers or Lenders party to an agreement to rent such Goods.

Borrowbud expressly disclaims, to the maximum extent permitted by law, any liability for loss or damage resulting to either party as a result of the renting of such Goods.

By agreeing to these terms as a Lender, you agree that Borrowbud will not be liable for any loss or damage resulting from damage to your Goods or non-return of your Goods.

By agreeing to these terms as a Customer, you agree to indemnify Borrowbud against any losses, claims, expense, damages or liability resulting from damage or non-return of any Goods you rent. You also agree that you use any Goods you rent using the platform at your own risk and agree that Borrowbud will not be liable for any liability associated with your use of the Goods.

All Users

ELIGIBILITY

  •  This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

  • ver the age of 18 years and accessing the Platform for personal use; or

  • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

  • Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

ACCOUNTS

  • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).

  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Borrowbud from time to time.

  • You warrant that any information you give to Borrowbud in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

  • You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

  • Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User. 

  • Once you complete the Account registration process, Borrowbud may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

  •  Borrowbud reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

  • Borrowbud may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

  •  to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Borrowbud of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

  •  to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

  • in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

  •  in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Borrowbud;

  • not to act in any way that may harm the reputation of Borrowbud or associated or interested parties or do anything at all contrary to the interests of Borrowbud or the Platform;

  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Borrowbud;

  •  that Borrowbud may change any features of the Platform or Services offered through the Platform at any time without notice to you;

  • that information given to you through the Platform, by Borrowbud or another User including a Lender, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

  • that Borrowbud may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

POSTED MATERIALS

 WARRANTIES

  • By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  •  you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

  •  the Posted Material is accurate and true at the time it is provided;

  •  any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

  •   the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

  • (the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

  •  the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

  •  the Posted Material does not breach or infringe any applicable laws.

LICENCE

  • You grant to Borrowbud a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Borrowbud to use, exploit or otherwise enjoy the benefit of such Posted Material.

  •  If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Borrowbud from any and all claims that you could assert against Borrowbud by virtue of any such moral rights.

  • You indemnify Borrowbud against all damages, losses, costs and expenses incurred by Borrowbud arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

  • Borrowbud acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Borrowbud may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

  • You agree that you are responsible for keeping and maintaining records of Posted Material.

 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Borrowbud will have no liability or obligation to you if:

  • a Customer or Lender cancels at any time after the time for performance of the Listing (defined in clause 2 of Part B of this agreement) is agreed; or

  • for whatever reason, including technical faults, the Goods cannot be provided,

  • and you will not be entitled to any compensation from Borrowbud.

IDENTITY VERIFICATION

  • (Verification) We may offer or require Users to verify their details. 

  •  (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16.

  •  (Warranty and Indemnity) You acknowledge and agree that:

  • we are reliant on the information provided by the Verification to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification will be accurate or guarantee that the Verification will ensure you contract with a suitable User;

  • you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and

  • we do not endorse any User, Listing or Verification.

ONLINE PAYMENT PARTNER

  • We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.

  • The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.

  •  You agree to release Borrowbud and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

  • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  • the Platform may have errors or defects (or both, as the case may be);

  • the Platform may not be accessible at times;

  • messages sent through the Platform may not be delivered promptly, or delivered at all;

  • information you receive or supply through the Platform may not be secure or confidential; and

  • any information provided through the Platform may not be accurate or true.

INTELLECTUAL PROPERTY

  • Borrowbud retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

  • You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of lending and/or borrowing goods and tools. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Borrowbud or as permitted by law.

  • In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Borrowbud accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

THIRD PARTY TERMS SUPPLIERS

  • If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

  •  Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

  • You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

DISPUTES BETWEEN USERS

  • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

  • endeavour Endeavour(b)              If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you may report it to Borrowbud. Borrowbud, while not assuming liability for disputes, may be contacted as a last resort. We will assess the complaint and to provide assistance, aiming for a satisfactory

  • Any costs you incur in relation to a complaint or dispute will be your responsibility.

  •  Borrowbud has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

  •   Borrowbud reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

  •  If you have a dispute with Borrowbud, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

  • Notwithstanding any other provision of this clause 12, you or Borrowbud may at any time cancel your Account or discontinue your use of the Platform.

SECURITY

Borrowbud does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

DISCLAIMER

  • ( (Introduction service) Borrowbud is a medium that facilitates the introduction of Customers and Lenders for the purposes of lending and/or renting Goods. Borrowbud simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Lenders in relation to such services or otherwise resulting from the introduction.

  •  (Limitation of Liability) To the maximum extent permitted by law and subject to clause 14(c), the total liability of each party (being you, the User and us, Borrowbud) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.

  •  Clause 14(b) does not apply to your liability in respect of loss or damage sustained by Borrowbud arising from your breach of third party intellectual property rights;

  • (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

  •    (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund,  (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Borrowbud, except:

  •  in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

  •  to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

  •  (Damaged Goods, Personal Injury and Risk) to the maximum extent permitted by applicable law Borrowbud excludes all liability for loss or damage resulting directly or indirectly from the rent of Goods via the Platform, including but not limited to loss or damage resulting from:

  • damage or non-return of Goods rented via the Platform;

  •  personal injury resulting from the use of Goods rented via the Platform.

CONFIDENTIALITY

You agree that:

  •   no information owned by Borrowbud, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

  • all communications involving the details of other users on this Platform and of the Lender are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

PRIVACY

You agree to be bound by the clauses outlined in Borrowbud’s Privacy Policy, which can be accessed here https://borrowbud.com/privacy-policy<link>.

COLLECTION NOTICE

  • We collect personal information about you in order to [to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries] and for other purposes set out in our Privacy Policy.

  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

TERMINATION

  •  Either Borrowbud or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.

  •  If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Borrowbud will effect such termination within a reasonable time after receiving written notice from the User.

  •  In the event that a User’s Account is terminated:

  •  the User’s access to all posting tools on the Platform will be revoked;

  • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and

  •  ithe User may be unable to view the details of other Lenders (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.

  •  Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Borrowbud will not be held accountable in relation to any transactions between Customers and Lenders where tax related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, Borrowbud reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Borrowbud.

NOTICES

  • A notice or other communication to a party under this agreement must be:

  • in writing and in English; and

  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

  • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

  •  when replied to by the other party,

  • whichever is earlier.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  •  (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Lenders

ELIGIBILITY AND QUALIFICATIONS

You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.

 LISTINGS

  • You acknowledge and agree that:

  •  you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Listing);

  •  Borrowbud may choose not to accept any Listing you submit to the Platform, and Borrowbud may limit the number of Listings you can submit to the Platform;

  • for any Goods, you must only charge each Customer the amount you have quoted as being payable by a Customer in the relevant Listing for the Good(s) described in that Listing (GST inclusive) (Quoted Amount) and you must not try to claim any additional fees, or any other additional amount, from the Customer for the Goods;

  •  the Quoted Amount (defined in Part C of this agreement) will be paid by the Customer to the Third Party Payment Platform (defined in Part C of this agreement), and Borrowbud will ensure that the Third Party Payment Platform pays the Quoted Amount, less our Service Fee (Remaining Balance) to you within a reasonable time after the Third Party Payment Platform receives it from the Customer

  • receipt and/or delivery of Goods is the responsibility of the Lender to disclose on their Listing;

  • you may charge for delivery of Goods to the Customer as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable;

  • you must take all reasonable steps to provide the Goods as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing;

  • any information you supply in a Listings must be true, timely and accurate;

  • you must deal with any dispute with a Customer in accordance with clause of Part A;

  • (any additional terms and conditions relating to a Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve Borrowbud in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and

  • Borrowbud will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Listing.

DAMAGED OR UNRETURNED GOODS LIABILITY

To the maximum extent permitted by law, Borrowbud excludes all liability in respect of loss or damage sustained directly or indirectly from damage to, or non-return of any Goods provided to a Customer via the Platform by you. You agree and acknowledge that any Goods you list for rent on this Platform and/or provide to Customers are listed and/or rented at your own risk.

FEES

  • Viewing the Platform and posting a Listing is free.[SL2] 

  • Once a Customer accepts a Listing on the Platform, the Customer will be prompted to pay the Quoted Amount to you via the Third Party Payment Platform (defined in in Part C of this agreement).

  • After the Third Party Payment Platform receives payment from the Customer, we will ensure that the Third Party Payment Platform transfers the Remaining Balance to you within a reasonable time.

  • The service fee will be the percentage of the Quoted Amount specified on the Platform from time to time, plus any fee payable for the transaction to the Third Party Payment Platform (Service Fee).

  • The Remaining Balance will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.

  • Lenders may request the Remaining Balance be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Customer. We may approve such requests, at our absolute discretion, and we may require Lenders to pay additional fees in consideration for such approval.

  • You:

  • appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;

  •  agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and

  • agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts

  •  Borrowbud reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.

  • You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.

REFUNDS & CANCELLATIONS

  • Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Customer has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If Borrowbud decides to investigate your request, you must provide assistance and information to Borrowbud as reasonably requested.

  • You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Listing is in compliance with all applicable laws, such as the Australian Consumer Law.

  •  If we accept your request to cancel a Listing already accepted by a Customer, we may take one or more of the following actions:

  •  cancel your Account or membership with Borrowbud;

  • refund the Service Fees to the relevant Customer; or

  •  require that you pay all or part of the Service Fees refunded to the Customer and issue you an invoice for that amount.

  •  The Service Fee is by default non-refundable for change of mind. However, Borrowbud may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.

  • You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Listing.

 BYPASSING

  • You agree that while you are a Lender on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.

  •  Borrowbud may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.

BINDING CONTRACT

You agree that when a Customer submits an enquiry in response to your Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer’s offer.

WARRANTIES

By listing yourself as a Lender on the Platform and posting a Listing, you represent and warrant that:

  • you are able to provide the Goods as specified in the Listing; and
  • you will provide the relevant Goods to Customers in compliance with all applicable laws.

Customers

LISTINGS AND FEES

You acknowledge and agree that:

  • if you accept a Listing, that will constitute your entry into a contract with the Lender;

  •   for each Listing you respond to, you must pay the Quoted Amount, which will be debited from your Account and Borrowbud will keep a Service Fee which will be a percentage of the Quoted Amount; and

  • any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Lender and do not involve Borrowbud in any way, except that they must not be inconsistent with either party’s obligations under this agreement.

PAYMENT

  •  (Payment obligations) Unless otherwise agreed in writing with the Lender, you must pay for all services specified in an accepted Listing prior to the Lender performing those services.

  •  (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

  •    (Third Party Payment Platform) Borrowbud processes payments through a Third Party Payment Platform, being Stripe.com. In addition to this agreement, your purchase of any Goods via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, available on the Third Party Payment Platform’s website, at https://stripe.com/au/legal/ssa.

  •  (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Lender, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATIONS

  •  Borrowbud will have no liability or obligation to you if a Lender cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from Borrowbud, including any portion of the Service Fee.

  • If you wish to cancel a Good before the Lender has fulfilled the requirements specified in the relevant Listing, you must contact the Lender. If Borrowbud decides to investigate your cancellation, you must provide assistance and information to Borrowbud as reasonably requested.

  • If you cancel a Good, whether the Remaining Balance paid to the Lender is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Lender.

  • The Service Fee is by default non-refundable for change of mind. However, Borrowbud may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.

RATINGS AND REVIEWS

  • Customers may rate a Listing (Rating) and/or may provide feedback to Lenders regarding the services Customers received from them (Review).

  • Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Lender Account and/or Listing is removed or terminated.

  • Customers must only provide true, fair and accurate information in their Reviews.

  • If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.

  • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

  • You may not publish Reviews of Lenders to whom you have a personal or professional relationship (separately from the Platform).

  • You may only write a Review about a Lender if you have had a buying or service experience with that Lender, which means that:

  •  you have purchased a product or service from that Lender via the Platform; or

  • you have placed an order with the Lender via the Platform; or

  • you can otherwise document your use of the Lender’s service, including via correspondence or other interaction with the Lender via the Platform,

  • (collectively referred to as a Service Experience).

  • You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

  • You may not write a Review about a Lender you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Lender, or work for the Lender. Similarly, you may not write a Review about a direct competitor to the Lender you own, are employed by or work for.

  • Your Service Experience must have occurred within the last 12 months when you submit a Review.

  • You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Lender to write a Review, you should include information about this in your Review. Incentives include the Lender offering you a gift, reward, discount or advantage for writing a Review about the Lender.

DAMAGED OR UNRETURNED GOODS INDEMNITY

You agree and acknowledge that any Goods you agree to rent from a Lender on this Platform are rented and used at your own risk and agree to indemnify Borrowbud from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise from the damage or non-return of any Goods you rent under this Platform.

RISK AND PERSONAL INJURY

You agree and acknowledge that a wide array of Goods are made available to rent via the Platform and that some Goods may expose you to risk, including accidents, injury or even death. You assume all risk of injuries associated with the use of any Goods rented via the Platform and exclude Borrowbud from any liability associated with the use of such Goods.

LINKED BUSINESSES

  • You acknowledge and agree that:

  • The platform provides links and introductions to Lenders owned and operated by third parties that are not under the control of Borrowbud;

  • the provision by Borrowbud of introductions to Lenders does not imply any endorsement or recommendation by Borrowbud of any Lender;

  • Borrowbud does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Lender who uses or is listed on the Platform; and

  • any terms and conditions relating to a Listing or quote provided via the Platform constitute a contract between you and the Lender once agreed in accordance with clause 1 and do not involve Borrowbud in any way.

COMMUNICATION OUTSIDE THE PLATFORM

  • You must not communicate with a Lender, or request or entice a Lender to communicate with you, outside the Platform (except in the course of accepting Lender services that were agreed in a Listing or Service Request).
  • Borrowbud, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.