WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.hyresome.com.au (the ‘Website’). The Website facilitates interactions between:

(i) Customer (the ‘Receiver’); and

(ii) Vendor (the ‘Provider’),

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’).

(b) The Website is operated by Hyresome Pty Ltd PTY. LTD. (ABN 50 658 688 432) . Access to and use of the Website, or any of its associated products or Services, is provided by Hyresome Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

(c) Hyresome Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hyresome Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Hyresome Pty Ltd in the user interface.

3. The Services

(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) Credit card information

(vii) Australian Business Number

(c) You warrant that any information you give to Hyresome Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Hyresome Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1.As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hyresome Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Hyresome Pty Ltd;

(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Hyresome Pty Ltd for any illegal or unauthorised use of the Website; and

(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Using the Website as the Receiver

5.1. Underestanding Hyresome Pty Ltd’s Limitations as a Marketplace

(a) Hyresome Pty Ltd provides a marketplace for customers to hire events related products and services from vendors. It is important to note that Hyresome Pty Ltd is not a part of that transaction. By using the Hyresome Pty Ltd marketplace, you understand that:

(i) You are not hiring directly from Hyresome Pty Ltd, but from one of the vendors on the Hyresome Pty Ltd marketplace;

(ii) Hyresome Pty Ltd does not pre-screen items and services for hire on the marketplace and therefore does not guarantee or endorse any items or services on Hyresome Pty Ltd or any content posted by sellers (such as photographs or language used in listings or shop policies);

(iii) Each vendor on the Hyresome Pty Ltd marketplace has their own processing times, delivery methods, and store policies; and

(iv) As a member of the community, you have the opportunity to flag an item or vendor that violates any of Hyresome Pty Ltd’s policies.

5.2. Hiring from Vendors on the Hyresome Pty Ltd marketplace:

(a) When you hire from a vendor on the Hyresome Pty Ltd marketplace, you’re directly supporting an independent business, each with its unique listings, policies, and processing times. By hiring from a vendor on the Hyresome Pty Ltd marketplace, you agree that you have:

(i) Read the item description and store policies before making a hire purchase;

(ii) Submitted appropriate payment for item(s) hired; and

(iii) Provide accurate delivery information to the vendor;

(b) For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Hyresome Pty Ltd checkout system.

(c) It is prohibited to share contact information for the purposes of evading the checkout system on Hyresome Pty Ltd. If you need to discuss the details of your order with the vendor, please keep our communication on the Hyresome Pty Ltd platform (via Messages).

5.3. Leaving a review

(a) Reviews are a great way to learn about a vendor’s items, help good vendors build a strong reputation, or help warn other customers about a poor experience.

(i) Contains hateful or derogatory language or imagery;

(ii) Contains threats, harassment, extortion, or violates our rules about interference;

(iii) Violates someone else’s intellectual property rights;

(iv) Is false, deceptive, or misleading;

(v) Contains unsolicited advertising or promotions, requests for donations, or spam;

(vi) Contains private information, whether it is your own, or someone else’s;

(vii) Contain graphic, mature, or obscene language or imagery;

(viii) Be about things outside the vendor’s control, such as a delivery company, Hyresome, or a third party;

(ix) Encourages or facilitates a transaction that evades the Etsy checkout process; and

(x) Contains prohibited medical drug claims;

6. Using the Website as the Provider

6.1. Do not violate any laws in connection with your use of our Services

(a) You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.

(b) You may not sell anything that violates any laws.

(c) You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Hyresome Pty Ltd, another Hyresome Pty Ltd Member, or a third party.

6.2. Provider payment

(a) You are responsible for paying all fees that you owe to Hyresome Pty Ltd.

(b) You are also solely responsible for collecting and/or paying any applicable taxes for any hires you make through our Services.

(i) When you make a sale through hyresome.com.au you will be charged a transaction fee of 5.5% of the price you display for each product or sevice listing.

(ii) You will be charged a monthly subscription fee depending on the package you have selected on the hyresome.com.au/become-a-vendor page. Subscription fees will auto-renew and will be added to your payment account on the same day every month. You can cancel your subscription anytime by visiting the Subscription section of your Vendor Dashboard. You will have access to your subscription until the end of that subscription cycle, and your final day of access will be identified in the Subscription section of your Vendor Dashboard.

(iii) All payments made in the course of your use of the Services are made using Stripe. The Hyresome Pty Ltd checkout system uses the Stripe split-payments functionality. When a customer makes a purchase from muptiple vendors, you will receive your portion of the sale inclusive of GST, less the 5.5% transaction fee into your nominated account. You will be required to create a Stripe account when setting up your vendor profile in the Hyresome Pty Ltd marketplace. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(iv) Any action by a vendor to avoid paying a fee is considered fee avoidance and is strictly prohibited by Hyresome Pty Ltd. This includes, for example, encouraging customers to purchase an item in your Hyresome Pty Ltd marketplace store through another venue. A transaction initiated on hyresome.com.ay may not be completed off of hyresome.com.au. The price stated in each listing description must be an accurate representation of the sale. Vendors may not alter the item’s price after a sale for the purpose of avoiding Hyresome Pty Ltd transaction fees, misrepresent the item’s location, or use another user’s account without permission.

6.3. Do not steal our stuff

(a) You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Hyresome Pty Ltd Intellectual Property and Seller Content) without our express permission.

6.4. Managing your store on the Hyresome Pty Ltd marketplace

(a) Your store represents you and your business to the Hyresome Pty Ltd community. It’s important that you, your items and your shop are honestly and accurately represented.

(b) By selling on the Hyresome Pty Ltd marketplace, you agree that you will:

(i) Provide honest, accurate information to Hyresome Pty Ltd and in your About section.

(ii) Honour your Store Policies.

(iii) Ensure your store content, such as any text, photos or videos used to represent yourself, your store or your listings, abide by Hyresome Pty Ltd policies.

(iv) Accurately represent your items in listings and listing photos.

(v) Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Hyresome Pty Ltd.

(vi) Not engage in fee avoidance.

(vii) Not create duplicate stores or take any other action (such as manipulating clicks, baskets or sales) for the purpose of shilling, manipulating search or circumventing Hyresome Pty Ltd’s policies.

(viii) Not coordinate pricing with other sellers.

6.5. Hiring Standards

(a) By listing a product or service for hire on the Hyresome Pty Ltd marketplace you understand and agree that you are responsible for complying with all applicable laws and regulations for the products and services you list for hire, including any required labels and warnings. Hyresome Pty Ltd assumes no responsibility for the accuracy, labelling, or content of your listings.

(b) As a vendor, you must provide great customer service and maintain trust with your customers. These requirements are called our Vendor Service Level Standards. Hyresome Pty Ltd may reach out to you if your store fails to meet Hyresome Pty Ltd Vendor Service Level Standards.

(i) Honour your delivery and processing times. Vendors are obligated to deliver an item or otherwise complete a transaction with a customer on the agreed booking date(s), unless there is an exceptional circumstance.

(ii) Respond to Messages in a timely manner.

(iii) Honour the commitments you make in your store policies.

(iv) Resolve disagreements or order issues directly with the customer. In the unlikely event that you can’t reach a resolution, Hyresome Pty Ltd can help through our case system.

(v) If you are unable to complete an order, you must notify the customer, cancel the order and refund monies paid.

6.6. Messages

(a) With Hyresome Pty Ltd “Messages”, you have the ability to communicate directly with your customers or other Hyresome Pty Ltd members. Messages are a great way for vendors to ask you questions about an item or an order.

(b) Messages may not be used for the following activities:

(i) Sending unsolicited advertising or promotions, requests for donations or spam;

(ii) Harassing or abusing another member;

(iii) Contacting someone after they have explicitly asked you not to;

(iv) Interfering with a transaction or the business of another member;

(v) Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Hyresome Pty Ltd, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.

6.7. Rights you grant Hyresome Pty Ltd

(a) Content that you post using our Services is your content (“Your Content”). You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it. By posting Your Content, you grant Hyresome Pty Ltd and, as authorised by Hyresome Pty Ltd in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Hyresome Pty Ltd, your Hyresome store, other stores and listings, or the Services in general, in any formats and through any channels, including across any Hyresome Pty Ltd Services, our partners, or third-party website or advertising medium.

(b) You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive.

6.8. Payment

(a) By Hyresome Pty Ltd offering the Services to you, you agree that:

(i) When you make a sale through hyresome.com.au you will be charged a transaction fee of 7.5% of the price you display for each product or sevice listing.

(iii) All payments made in the course of your use of the Services are made using Stripe. The Hyresome Pty Ltd checkout system uses the Stripe split-payments functionality. When a customer makes a purchase from muptiple vendors, you will receive your portion of the sale inclusive of GST and less the 7.5% transaction fee into your nominated account. You will be required to create a Stripe account when setting up your vendor profile in the Hyresome Pty Ltd marketplace. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

7. Refund Policy

(a) Since Hyresome Pty Ltd is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Hyresome Pty Ltd does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.

(b) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Hyresome Pty Ltd requires the Receiver to:

(i) contact the Provider directly to request a refund; and

(ii) if contacting the Provider is not successful after fourteen (14) days, contact Hyresome Pty Ltd through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.

(c) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:

(i) complete the Hyresome Pty Ltd refund request form (the ‘Request Form’) provided on the Website; and

(ii) provide both the Request Form and the email from the Receiver requesting the refund to Hyresome Pty Ltd.

(d) The Provider receives funds directly from the Receiver via Stripe Split-Payments functionality in the Hyresome Pty Ltd checkout. Therefore, the Provider must facilitate any refunds to the Receiver and the Provider will bear any processing or transaction costs associated with the refund.

(e) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.

8. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Hyresome Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Hyresome Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Hyresome Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use. Hyresome Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hyresome Pty Ltd.

(c) Hyresome Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d) You may not, without the prior written permission of Hyresome Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Hyresome Pty Ltd a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

9. Privacy

(a) Hyresome Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Hyresome Pty Ltd’s Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Hyresome Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hyresome Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hyresome Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Hyresome Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your convenience.

(d) You acknowledge that Hyresome Pty Ltd Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Hyresome Pty Ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

11. Limitation of Liability

(a) Hyresome Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Hyresome Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) You acknowledge and agree that Hyresome Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

12. Termination of Contract

(a) If you want to terminate the Terms, you may do so by cancelling your subscription in the Subscription section of your Vendor Dashboard.

(b) Hyresome Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Hyresome Pty Ltd is required to do so by law;

(iii) Hyresome Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(iv) the provision of the Services to you by Hyresome Pty Ltd is, in the opinion of Hyresome Pty Ltd, no longer commercially viable.

(c) Subject to local applicable laws, Hyresome Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hyresome Pty Ltd’s name or reputation or violates the rights of those of another party.

(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Hyresome Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

(a) You agree to indemnify Hyresome Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

14. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Brisbane, Australia.

(d) Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

(a) The Services offered by Hyresome Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

16. Governing Law

(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.