These Lender Terms & Conditions (Lender T&Cs) will apply to you if you are a customer of Hire That Pty Ltd ACN 659 917 834 (Hire That) and you are seeking to advertise Goods for lease on the Hire That mobile application and its website (Platform).
In these T&Cs, "we" "us" and "our" refers to Hire That.

1. BACKGROUND
1.1. We own, run and carry on the business of providing an online platform, being the Platform:
(a) which connects:
(i) those that are seeking to lease out Goods that they own (Lenders); and
(ii) those that are seeking to hire Goods from Lenders (Renters),
(b) through which Lenders may create listings for Goods that are advertised on the Platform and Renters may learn about, negotiate and lease those goods directly from Lenders.
1.2. Under this arrangement, Hire That:
(a) acts as an agent for Lenders by listing their Goods on its Platform in exchange for a Listing Fee (Listing Services);
(b) offers the ability for Lenders to advertise and market their Goods on its Platform in exchange for an Advertising Fee (Advertising Services)
(c) acts as an intermediary for Lenders and Renters to transact and is not considered a party to any Leasing Arrangement between a Lender and Renters; and
(d) is not an insurer, property or real estate broker.
1.3. By using the Services through the Platform, you acknowledge and agree that you have had entered into a binding agreement with us comprising:
(a) these Lender T&Cs;
(b) the Terms of Use (T&Cs); and
(c) any other terms, documents or policies provided or adopted by us and provided or notified to the Lender prior to or at the time the Lender uses the Services or the Platform generally,
(collectively this Agreement). You must comply with this Agreement at all times while using the Services and the Platform generally.
1.4. We may change the terms of this Agreement at any time by giving you notice by email or posting changes to the Platform. Your use of the Platform following any amendments will represent your agreement to be bound by the amended Agreement. We recommend you read this Agreement each time you access the Platform so you are familiar with the most current version of this Agreement. You may obtain the latest version of this Agreement from us or from the Platform.
1.5. You should read the current version of this Agreement carefully and let us know if you do not understand any aspect of it before you commence using the Services or the Platform.
1.6. If you do not agree to this Agreement, you must not use the Services or continue to access the Platform.
1.7. If you are in the business of leasing out Goods, you acknowledge and agree that:
(a) you will be obliged to comply with this Agreement and our policies (i.e., whether or not your own terms and conditions that you ordinarily use as part of your business apply); and
(b) you will be obliged to comply with any statutory requirements in relation to any Leasing Arrangements or associated dealings on the Platform (for example, you must comply with any Australian Consumer Guarantees).

2. CONTRACTUAL RELATIONSHIP
2.1. Terms governing this Agreement
(a) We will provide the Services to you in accordance with this Agreement.
(b) Subject to your compliance with this Agreement, we will publish Listings on the Platform for your Good(s) that are available for lease in exchange for your payment of our fees (see clause 9 for more information about our fees).
2.2. Previous agreements
This Agreement replaces all previous agreements (whether verbal, written, or otherwise) between the parties relating to the Services.
2.3. Independent contractor
You are an independent contractor, and you are not an employee or general agent of ours. You are solely responsible for any payment of income tax, superannuation, payroll tax and any other administrative or operational function in relation to running your business or your relationship with us.

3. ACCOUNT USERS AND MEMBER PROFILES
3.1. Registering an account
(a) To use the Services and other parts of the Platform, you must register with us and set up an account with your mobile phone number and a password (Account). The mobile phone number you register with must be your mobile phone number, and you are solely responsible for maintaining the confidentiality of your password. An OTP message will be sent to your mobile phone number to verify that your correct mobile phone number is registered for your Account.
(b) You are solely responsible for all activities that happen under your Account and you must promptly notify us of any unauthorised use of your Account.
(c) You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Platform and the Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
(d) When you create an Account, we may require you to verify your identity.
(e) You agree to provide any information we may reasonably require providing you with the Services (for example, your bank account details for us to pay any monies owing to you) in a timely fashion.
(f) We may accept or reject any request for your Account registration at our sole discretion.
(g) We reserve the right to terminate your Account registration at any time if you breach this Agreement.
3.2. Member profiles
(a) We will create an account profile for you using the information that you provide to us when you register your Account or by any other method (Account Profile). This Account Profile is accessible to you via the private section of the Platform. Some information from your Account Profile, such as your profile photo, first name, contact details and reviews, may be made available to other users (including Renters, other Lenders and other non-member visitors of the Platform).
(b) You are responsible for updating and maintaining the accuracy of your own Account Profile on the Platform. You must ensure that any information posted in your Account Profile is correct and complete and not misleading.
(c) You warrant that any text, images or other content that would constitute intellectual property of any nature (Materials) that you include in your Account Profile or otherwise provide to us does not infringe on the intellectual property rights of any third party. You grant us a non-exclusive, irrevocable, worldwide, perpetual and royalty-free licence to use any Materials that you produce or provide, for the purpose of operating and marketing the Services, your Listings and the Platform generally.

4. LISTING YOUR GOODS ON THE PLATFORM
4.1. Listings will be made publicly available via the Platform and Renters will be able to lease your Good(s) via the Platform based upon the information provided in your Listing.
4.2. In order to list any Good as available for lease on the Platform, you must create a Listing for the particular Good that includes (Listing Requirements):
(a) a detailed description of the Good including its current condition and existing defects;
(b) information and specifications (if applicable) about the Good including any registration details for the Good;
(c) any specific conditions for the leasing of the Good (if applicable) – for example:
(i) collection and drop-off times/ location;
(ii) whether the Renters requires a licence to operate or lease the particular Good – if this option is selected, you must request and obtain evidence that the Renters holds a valid and appropriate licence. In addition, you must independently verify this information by taking a photograph of the licence and satisfying yourself as to its authenticity before you hand over the Good to the Renters. We will not under any circumstances be liable for any loss or damage resulting from or arising in connection with your failure to collect this information/ evidence or any errors, inaccuracies or misrepresentations in this information;
(d) photographs showing all aspects and angles of the Good;
(e) a Listing Price that reasonably reflects the market price for leasing that Good; and
(f) the availability of the Good.
4.3. The Listing Requirements must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief and must not otherwise misrepresent the standard and/or condition of the Good. Accordingly, you must regularly review the Listing Requirements to ensure they are accurate.
4.4. Whilst we may makes certain tools available to you to help you to make informed decisions about how to price your Good, what information to include in your Listings Requirements or which Renters are highly rated, you acknowledge and agree that you are responsible for your own acts and omissions
4.5. A separate Listing will be required for each Good that you intend to make available for lease on the Platform.
4.6. In the event that the Good becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
4.7. We may, from time to time and acting reasonably, direct you to amend some or all of your Listings on the Platform, which may include a direction to add more information or additional photographs. You agree to comply with any such directions. Despite this, you acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the leasing of, or Renters’ use of, a Good in a Listing you post:
(a) will not breach any agreements you have entered into with any third parties; and
(b) will:
(i) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Good included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of vehicles, residential and other properties; and
(ii) not conflict with the rights of third parties.
(c) Please note that we assume no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, considers to be objectionable for any reason, in violation of this Agreement or our then-current policies available on the Platform, or otherwise harmful to the Platform.
4.8. You will be responsible for determining the Listing Price that will appear on each of your Listings on the Platform.
4.9. Hire That is the provider of the Platform only. You acknowledge that we:
(a) do not own, create, offer, lease, use, provide, control, manage, offer, deliver, or supply any Goods for lease. You are responsible for your Goods, and the information provided in each of your Listings published on the Platform;
(b) have been appointed by you as your limited agent solely for the purpose of:
(i) marketing and promoting the leasing of your Goods; and
(ii) accepting, on your behalf, payments from Renters of such amounts pursuant to your Leasing Arrangements,
and we have accepted that appointment; and
(c) do not act as an insurer or as your contracting agent. If Renters requests to lease one of your Goods, any agreement you enter into with such Renters is between you and the Renters and we are not a party to it.
4.10. You must cooperate with us in all reasonable respects in connection with the provision of the Services.
4.11. Unless otherwise specified by us in writing, we do not guarantee any particular placement or position for any of your Goods that are advertised on the Platform. You acknowledge that we have total control over the content, look and layout of the Platform and any associated marketing materials.

5. THE LEASING PROCESS
5.1. Receiving a leasing request from a Renters
Upon first receiving a request from a Renters to lease a Good that is listed on the Platform, you must consider the request:
(a) in a timely fashion;
(b) in good faith; and
(c) assess whether they are suitable to lease the Good.
5.2. Rejecting a request to lease a Good
You may reject the Renters’ request to lease a Good only if the Good is unavailable for leasing. If a request is rejected, no fees will be charged to either party.
5.3. Accepting a request to lease a Good
(a) Upon confirmation that you and a Renters have agreed to proceed with a Leasing Arrangement, we will (through our third party payment processor) collect the Agreed Leasing Fee from the Renters.
(b) You will receive a notification through the Platform once we have collected the Agreed Leasing Fee from the Renters. You must not proceed with the Leasing Arrangement until you have received this notification from us because you may not be paid.
5.4. Authority to disclose contact details
Such that the Renter may contact you to commence the Leasing Arrangement, you irrevocably authorise us to disclose your contact details to the Renter upon acceptance of the Renter’s request to Lease a Good and the Agreed Lease Fee being paid.
5.5. Commencement of Leasing Arrangement
Upon receipt of the notification at clause 5.3 from us, you must:
(a) agree with the Renters to meet at a mutually acceptable location for the Leasing Arrangement to commence;
(b) inspect the Good, take time-stamped photographs of it immediately prior to providing it to the Renters and retain these photographs. Failure to do so may mean that you may be liable for any Damage and Loss to the Good, even if that Damage and Loss may have occurred after you gave possession of the Good to the Renters;
(c) conduct an inventory review (if applicable);
(d) explain to the Renters the safe use, operation and handling of the Good; and
(e) obtain any evidence of the Renters’ licence if they are required to have one to operate or use the Good.
5.6. Your obligations during the Leasing Arrangement
(a) During the Leasing Arrangement, you must be reasonably available to:
(i) assist the Renters by answering any questions and resolving any issues or faults that have arisen during the Leasing Arrangement; and
(ii) consider, accept or reject a request from the Renters for an extension of a Leasing Arrangement (see clause 5.7 for further information).
(b) If you will not be contactable during a Leasing Arrangement, then you must:
(i) provide the Renters with the mobile phone number and email address of a person who is responsible for your Good (Your nominated representative); or
(ii) ensure that your Good is not made available for leasing during that time.
5.7. Extension to a Leasing Arrangement
(a) If, during the Leasing Arrangement, the Renters would like to extend the Leasing Arrangement, they must submit a new request to lease the Good for the additional period through the Platform (ie restart the process outlined in this clause 5) before the scheduled end of the initial Leasing Arrangement. This new request, if accepted, will be considered a separate Leasing Arrangement for the purposes of this Agreement.
(b) This separate Leasing Arrangement will be subject to:
(i) the Renters complying with any particular requirements you stipulate (for example, returning the Good to you for inspection before the separate Leasing Arrangement can commence). However, you must ensure that any such requirements are satisfied before you accept the request;
(ii) you accepting the Renters’s request to enter into a separate Leasing Arrangement for the extended period;
(iii) the Renters paying to us the additional Agreed Leasing Fee associated with this separate Leasing Arrangement; and
(iv) us providing you and the Renters with confirmation that we hold the additional Agreed Leasing Fee (collected from the Renters) associated with this separate Leasing Arrangement.
(c) You may reject or accept the extension request at your sole discretion, but must do so in a timely manner.
(d) If the requirements in clause 5.7(b) are not satisfied, the Renters’ request will be considered rejected and you must retake possession of the Good as required by clause 5.8 below.
5.8. Retaking possession of the Good following the completion of the Leasing Arrangement
(a) At the end of the Leasing Arrangement, you must:
(i) ensure that you are available to re-take possession of the Good from the Renters at the previously agreed upon time and location (these details will be noted in your Leasing Arrangement details on the Platform);
(ii) promptly record on the Platform the date and time that the Good was returned, failing which the return date and time will be deemed to have occurred at the scheduled end of the Leasing Arrangement (these details will be noted in your Leasing Arrangement details on the Platform);

Note: The return date and time that you are required to record on the Platform under this sub-clause (or if you have failed to do this, the scheduled end of the Leasing Arrangement) will hereafter be referred to as the Completion Date.
(iii) inspect the Good, take time-stamped photographs of it immediately upon its return by the Renters and retain these photographs. Failure to do so may mean that you are liable for, any Damage and Loss to the Good, even if that Damage and Loss may have occurred before you re-took possession of the Good;
(iv) review the inventory for any missing items (if applicable); and
(v) inspect the Good and:
a. report to us any Damage and Loss to the Good that you identify; and/or
b. submit photographs of any new Damage and Loss you find, within 5 Business Days of the Completion Date of the Leasing Arrangement, unless it is not possible for you to have identified any particular Damage and Loss in that time period. Failure to do so within this time period will have the effect that you will be liable for any Damage and Loss even if that Damage and Loss may have occurred before you re-took possession of the Good. Any dispute between you and a Renters in relation to the Damage and Loss caused to the Good will be dealt with in accordance with our Dispute Resolution Policy.
(b) If the Renters fails to return the Good within 24 hours after the scheduled end of the Leasing Arrangement, this will be taken to be theft of the Good and you may:
(i) report the Good as stolen; and/or
(ii) take steps to locate, recover and repossess the Good, or engage a third party to recover the Good, without further notice to the Renters.
Please notify us (for information purposes only) prior to taking any of the above steps.
5.9. Payments following the completion of the Leasing Arrangement
(a) We will (no less than 6 Business Days after the Completion Date):
(i) pay the Agreed Leasing Fee (less the Commission and any other fees) to you unless:
a. we have been notified within 5 Business Days of the Completion Date that there is an ongoing dispute between you and the Renters;
b. you have not provided us with your bank account details to make this payment to you; or
c. you have otherwise breached your obligations under this Agreement.
(b) In relation to the payment of Agreed Leasing Fee, you acknowledge that payments may take some time to land in your account, depending on your financial institution and when you provide us with your bank account details.

6. LIABILITY FOR DAMAGE AND LOSS TO A GOOD
6.1. Under any Leasing Arrangement between you and a Renters, the Renters will be liable for any Damage and Loss caused to the Good during the term of the Leasing Arrangement, subject to both you and the Renters:
(a) (if you and the Renters can agree to the Damage and Loss caused during the Leasing Arrangement) agreeing to the nature of the Damage and Loss that was caused by the Renters during the Leasing Arrangement; or
(b) (if you and the Renters cannot agree to the Damage and Loss caused during the Leasing Arrangement) providing us with your evidence (generally in the form of comparison between time-stamped photographs taken immediately before and following the completion of the Leasing Arrangement) so that we can make an assessment of the Damage and Loss and any associated liability. Both you and the Renters agree to be bound by our decision following this assessment, which will be handled in accordance with our Dispute Resolution Policy.
6.2. You will be deemed to be in possession of the Good for all times other than when a Renters is in possession of the Good.
6.3. You acknowledge and agree that any legal claim or remedy that you seek to make or obtain under a Leasing Arrangement, or for actions or omissions of Renters or third parties will be limited to the particular Renters or third party and you agree not to attempt to claim against or impose liability on or seek any legal remedy from us with respect to such actions or omissions. If you have a dispute with or claim against one or more Renters or third parties (for example, where your Good is subject to Damage and Loss), you release us (and our officers, directors, agents, and employees) from liability (howsoever arising, whether under contract, tort, stature or otherwise) in any way connected with such disputes or claims unless that claim, loss, cost or expense is a direct result of our negligence or breach of this Agreement.

7. LIABILITY FOR INFRINGEMENTS, TOLLS OR OTHER FINES
7.1. A Renters will be responsible for any Infringement Notice, Tolls, fine or charge (both monetary and non-monetary) that are incurred during a Leasing Arrangement for a particular Good unless you have contributed to these matters (for example, if the Infringement Notice was issued because your Good was not registered as required under any law).
7.2. If you receive an Infringement Notice, Toll, fine or charge (both monetary or non-monetary) that you believe is the responsibility of a Renters, you should promptly notify the Renters and cooperate with them to ensure the Infringement Notice, Toll, fine or charge is assigned to the appropriate Renters for resolution.
7.3. If you dispute your liability for an Infringement Notice, Toll, fine or charge, then you may raise the dispute with us and we will deal with it in accordance with the Dispute Resolution Policy.

8. HIRE THAT FEES
8.1. By using the Listing Services and the Platform, you authorise us to deduct the Listing Fee from the Agreed Leasing Fee associated which each Leasing Arrangement that you enter through the Platform.
8.2. By using the Advertising Services, you agree to pay to us the Advertising Fee in accordance with the tax invoice that we issue to you.

9. YOUR DUTIES
9.1. Standard of the Goods
You must ensure that the Goods listed on the Platform are:
(a) maintained, serviced and repaired in accordance with any manufacturer’s or industry standards, as well as any applicable law;
(b) accurately described in any Listings;
(c) compliant with and meet any extra promises made about performance, condition and quality of the Goods;
(d) fit for its intended purpose, clean, in good operating condition, and (where applicable) and roadworthy at all times;
(e) (where applicable) registered in the state or territory in which it is made available for leasing;
(f) not and have not been altered in any way that materially changes the performance, appearance or purpose of the Good, except with our written permission;
(g) in compliance with all applicable laws and regulations in Australia or any part of Australia in which the Goods will be used; and
(h) covered by an appropriate insurance policy that is acceptable to you and/or required under any applicable law, noting that you will ultimately be responsible for determining the adequacy of any insurance you put in place for the Good that you have listed on the Platform. We recommend that you review any insurance policy that you may have for your Goods carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. This may include, but is not limited to, whether or not your insurance policy will cover the actions or inactions of Renters while leasing your Goods.
For the avoidance of any doubt, we confirm and you acknowledge that:
(i) we are not an insurer and are not providing insurance to you or a Renters in respect of the Leasing Arrangement or Good; and
(j) we have no liability to you or the Renters in the event that the insurance cover (or lack thereof) for the Good is insufficient, ineffective or inadequate, or if indemnity under the policy is denied.
You will be solely responsible for any failure to comply with this clause.
9.2. General obligations
(a) You must provide Renters with any relevant leasing services in an efficient, honest and business-like manner and in accordance with sound practices and in good faith at all times. Without limiting this general obligation, you must:
(i) use the Services, interact and communicate with other parties on the Platform (including Renters and us) in an efficient, friendly, forthcoming and timely manner;
(ii) comply with all applicable laws in relation to the Listing of the Goods on the Platform, the leasing of the Goods and your behaviour on the Platform;
(iii) comply with our policies made available on the Platform (as amended from time to time) including but not limited to the following:
a. Dispute Resolution Policy;
b. Cancellation Policy;
c. Privacy Policy; and/or
d. any other policies, apos advised from time to time, when required to do so;
e. ensure that you are legally permitted to lease out the Good(s) on the Platform;
(iv) at all times hold any licences, permits, insurances and authorisations required to be held by you to perform your obligations under this Agreement;
(v) inform us promptly, and in any event no later than two (2) Business Days, after you become aware of any:
a. claim that is made against you or us in relation to your activities in relation to this Agreement; and
b. breach of any law, including in particular the National Consumer Credit Protection Act 2009 (Cth) (if applicable) in respect of your conduct; and
(vi) notify us of any breach of your data including any information relating to us, our Renters or any of your obligations under this Agreement regardless of whether or not the data breach constitutes a notifiable data breach under the Privacy Act 1998 (Cth).
9.3. Indirect solicitation
You must not directly or indirectly:
(a) solicit or attempt to solicit any Renters introduced to you through the Platform to lease your Goods directly from you; and/ or
(b) seek, or request, payment directly from the Renters with a cheque, cash, or any payment method other than by payment through the Platform.
9.4. Accurate information
(a) You must use your best endeavours to ensure that information provided to us (and Renters) or that is available on the Platform in relation to your Goods are accurate.
(b) You must comply with our procedures in respect of the collation and presentation of the information we require about your Goods. You must not provide any information which you know or ought to have known is or is likely to mislead or is fraudulent.
9.5. No misleading or deceptive conduct
You must not engage in any misleading or deceptive conduct in relation to:
(a) this Agreement;
(b) any Goods that you advertise on the Platform; or
(c) any of your dealings or communications on the Platform (including any Leasing Arrangements).
9.6. Not use our advertising material
You must not use any advertising or promotional material that names us in any way, without our prior written consent.
9.7. Not use our name or logo
You must not use our name or logo in any way, without our prior written consent.

10. OUR DUTIES
10.1. Upon acceptance of a Leasing Arrangement between you and a Renters, we will collect the Agreed Leasing Fee from the Renters. All financial transactions between the parties will be processed by a third-party electronic payment system (the Payment Processor) embedded in the Platform. By using the Payment Processor, you also confirm that you have read and agree to the terms and conditions applying to that service.
10.2. We will, in our absolute discretion promote your Goods and Listings on the Platform as reasonably appropriate.

11. REVIEWS
11.1. Providing reviews about Renters, Lenders, Listings, the Service and the Platform are important to give users as much information as possible. Both Lenders and Renters are requested to submit reviews following the completion of each Leasing Arrangement.
11.2. You must abide by the Review Policy published on the Platform when providing feedback, including by not posting any abusive, defamatory, obscene or intimidating material or statements.

12. DISPUTES RESOLUTION BETWEEN YOU AND A RENTERS
12.1. Any disputes between you and a Renters must be dealt with in accordance with our Dispute Resolution Policy. A party must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of the dispute until it has complied with our Dispute Resolution Policy.

13. DISPUTES BETWEEN YOU AND US
13.1. Determination of disputes
Any disputes between you and us must be dealt with in accordance with our Dispute Resolution Policy.
13.2. No legal proceedings
The parties must not bring or maintain any action on any dispute (except for urgent injunctive relief to keep or protect a particular position) until it has been referred and determined as provided in this clause.

14. INDEMNITY AND LIMITATION OF LIABILITY
14.1. Limitation of liability
(a) All Leasing Arrangements between you and Renters are carried out entirely at your own risk. We and our officers, directors, investors, contractors, agents and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that you may have made in connection with this Platform, or the your use of the Platform. You rely on information provided by Renters at your own risk. We do not, control, inspect, endorse, approve or check the availability, condition or nature of the Goods or the accuracy, currency, truth or completeness of the information provided by Renters and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out Leasing Arrangement.
(b) The Services including the Platform and payment system, comes with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by this Agreement. Nothing in this Agreement affects your statutory rights as a consumer. We give no warranties beyond the consumer guarantees that are not expressly set out in this Agreement. In particular, to the extent not prohibited by law:
(i) you acknowledge that with the exception of a major failure that continues un-remedied for 72 hours, the delivery of the Services (including the availability of the Platform) is not time critical. We will supply the Services within a reasonable time, and we give no other warranty or guarantee in relation to the availability of the Services (including the Platform), or that access to the Services (including the Platform) will be free from interruptions or errors;
(ii) the Services depend upon telecommunications, cloud storage and other services delivered to us and Renters by third parties, the availability of which we cannot control;
(iii) if we fail to supply the Services within a reasonable time, or otherwise fail to comply with a consumer guarantee, we will not be liable for any damage, loss or cost, including without limitation loss of expected revenue, loss of profit or loss of opportunity, that is not reasonably foreseeable.
(c) To the extent that our liability to you for any claim, loss, cost, damage or expense cannot be excluded, our liability will be limited to the lesser of:
(i) an amount that is equivalent to the value of five (5) days rental for the particular listed Good calculated on the average daily rate for that Good for the preceding three-month period; or
(ii) $1,000.
(d) To the extent permitted by law and unless otherwise expressly agreed, we do not provide and expressly exclude all warranties whether implied by statute or otherwise in respect of any of the services to be provided by us, including but not limited to, provision of the Platform.
14.2. Indemnity
You indemnify us on a continuing basis against all or any actions, suits, claims, demands, loss, losses, damages, liabilities, costs and expenses of any nature (including without limitation civil and criminal penalties to the extent permitted by law) suffered or incurred by us at any time actually or contingently arising directly or indirectly from:
(a) any failure by you to comply with any provision of this Agreement (including any failure to comply with any procedures specified by us from time to time);
(b) any dishonest, fraudulent, reckless, or negligent act or omission by you or any employees, agents, or contractors of you;
(c) any failure by you to comply with any law;
(d) defending any claim made against us (either jointly with you or not) in respect of your activities irrespective of whether you are ultimately found to be at fault; and
(e) any conduct of you as a result of the negligence of or breach by or malpractice and fraud on your behalf.
14.3. Apportioning liability
You acknowledge that your liability with respect to the indemnification provided by you in this Agreement cannot be apportioned to any other party and that legislation regarding proportionate liability will not apply to a claim by us under the above indemnity or otherwise with respect to this Agreement.
14.4. Deducting and Appropriating
If, acting reasonably, we consider that an amount may be payable under the indemnity, we may deduct and appropriate that amount from any amount payable to you under this Agreement.

15. WARRANTIES
15.1. You warrant and represent that:
(a) you have the legal capacity to enter this Agreement;
(b) you have abided by Agreement;
(c) you are the registered Lender of any Good that you list on the Platform and if you are not the registered Lender of the Good, the registered Lender has given you permission to make the Good available for leasing through the Platform;
(d) by entering into this Agreement, you are not breaching any laws;
(e) the content and use of the Services do not, and will not at any time, infringe any intellectual property rights or any other right of any person; and
(f) any information that you have given to another party in connection with this Agreement is true and accurate in all material respects and not misleading in any material respect (including by omission) as at the date of this Agreement or, if given later, when given.

16. TERMINATION
16.1. Termination for default
(a) We may terminate your agreement with us with immediate effect by giving you notice in writing if any of the following occur (all an Event of Default):
(i) you are involved in any fraud, forgery or misrepresentation in respect of any of the Goods advertised on the Platform or services provided to Renters;
(ii) you fail to perform any provision of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of written notice;
(iii) you do anything to defame, discredit, or harm our business interests, reputation, or operations, or any other person associated with us;
(iv) you stop payment.
16.2. Voluntary termination
Either party may terminate this Agreement (which incorporates these Lender T&Cs and the Terms of Use) at any time upon ten (10) Business Days’ notice to the other.

17. DEFINITIONS AND INTERPRETATION
17.1. Definitions
The following definitions apply unless the context requires otherwise.
Advertising Fee means the fee payable by you to us for the provision of the Advertising Services.
Agreed Leasing Fee means the total fee agreed between you and a Renters for the leasing of a Good under a Leasing Arrangement.
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Queensland.
Completion Date has the meaning outlined at clause 5.8(a)(ii).
Damage and Loss means:
1. damage to the Good that requires repair or replacement (excluding normal wear and tear);
2. loss arising from theft of the Good or fire damage to the Good;
3. recovery charges (if applicable);
4. fees and charges relating to the assessment or quantification of the loss or damage; and
5. any third party loss or damage, including any applicable taxes.
Good means any good, service or property that you have listed on the Platform as available for lease.
GST has the meaning given by section 195-1 of the GST Act or any replacement or other relevant legislation and regulations.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
Infringement Notice means the notification of any offence associated with a Leasing Arrangement or a Good (including for example, a driving offence).
Leasing Arrangement means an agreement between you and a Renters to lease a Good:
1. for an agreed period;
2. for the Agreed Leasing Fee; and
3. in accordance with this Agreement, the Seeker (Peer-to-Peer) Terms and Conditions and other relevant terms and conditions.
Listing means an advertisement or post on the Platform offering a Good as generally available for lease.
Listing Fee means a fee paid to us for the Listing Services, as a percentage of each Agreed Leasing Fee collected in relation to each Leasing Arrangement. This commission will be 20%.
Listing Price means the price listed on a Listing, as decided by you.
Services means individually and collectively the Listing Services and the Advertising Services.
Toll means an amount charged by the Lender or operator of a toll road, and includes any penalties, fees or other amounts charged in relation to the late payment of a toll.
17.2. Interpretation
In this document, unless the context requires otherwise:
1. the singular includes its plural and vice versa;
2. words denoting any gender include all genders;
3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
4. headings are for convenience only and do not affect interpretation;
5. a reference to a party to this Agreement includes its successors and permitted assigns;
6. a reference to a particular day or time is to that day or time in Queensland;
7. a reference to any agreement (including this Agreement) or document is to the agreement or document as amended, supplemented, novated or replaced from time to time;
8. a reference to this Agreement includes any schedules and annexures to this Agreement;
9. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible or tangible form;
10. a reference to dollars or $ is to Australian currency;
11. a reference to legislation (including subordinate legislation) or a provision of it is to that legislation or provision as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
12. words such as including or for example do not limit the meaning of the words preceding them;
13. an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally; and
14. nothing in this Agreement is to be interpreted against a party solely on the ground that the party or its advisers drafted it.

18. GENERAL PROVISIONS
18.1. GST
(a) The charges and all other amounts payable under this Agreement are expressed inclusive of GST.
(b) If GST is payable by a supplier (or by the representative member for a GST group of which the supplier is a member) on any supply made under or in relation to this Agreement, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.
(c) If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.
(d) This clause is subject to any other specific agreement regarding the payment of GST on supplies
18.2. Further assurances
Each party must promptly do all things necessary in order to give effect to this Agreement.
18.3. Severability
If a provision in this Agreement is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid. No provision in this Agreement will otherwise be affected in any jurisdiction.
18.4. Consent to use of electronic communications
The parties to this Agreement consent to the use of electronic communications as a means of communicating about this Agreement and the matters contained within it.
18.5. Notices
(a) A notice or other communication to or by a party under this Agreement:
(i) must be in writing;
(ii) must be delivered by email to:
a. in the case of Hire That, to info@hirethat.com.au; and
b. in the case of you, to your current email address that we hold in our records;
(b) subject to paragraph (d), is deemed to be effective one Business Day after the date shown on the email of the sender, unless:
(i) the sender receives an automated notification that the email has not been received by the intended recipient, in which case the notice is deemed to not have been served at the time of sending; or
(ii) receipt is acknowledged by the recipient sooner than one Business Day, in which case the notice is deemed to have been served at the time the receipt is acknowledged;
(c) if delivered or received on a day which is not a Business Day, it is taken to have been delivered or received on the following Business Day and, if delivered or received after 4:00pm (addressee’s time), then notice is taken to have occurred at 9:00am on the following Business Day.
18.6. No assignment
Unless provided to the contrary in this Agreement, a party is not capable of assigning, novating or encumbering any right or liability under this Agreement without the prior written consent of each other party.
18.7. No merger
Unless provided to the contrary in this Agreement, the rights and obligations of the parties under this Agreement do not merge on completion and will survive after completion.
18.8. Remedies
Unless provided to the contrary in this Agreement, the rights and powers under this Agreement are in addition to, and do not exclude or limit, any right or power provided by law or equity.
18.9. Waivers
A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Any failure or delay by any party to exercise any power or right or rely on a remedy under this Agreement does not operate as a waiver of that power, right or remedy.
18.10. Governing law
The laws of Queensland govern this Agreement.
18.11. Jurisdiction
Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland and waives any right to claim that those courts are an inconvenient forum.

LENDER – TERMS AND CONDITIONS