Rease Terms of Service

1. Terms of Use

About Rease

1.1 Rease is an online platform that allows Owners of Goods to create listings of their Goods which can then be leased from Users of the Rease online platform. Rease is a facilitator and aims to establish an online platform that connects Owners and Users.

1.2 Under this arrangement, Rease:

(a) offers the ability for Owners to advertise and market their Goods on its online platform in exchange for a Fee;

(b) acts as an intermediary for Owners and Users to transact and is not a party to any Lease between the Owner and User; and

1.3 By using the Rease online platform, you acknowledge and agree that you have had entered into a binding agreement with Rease in relation to these Terms and Conditions, Privacy Policy and any other terms, documents or policies provided by Rease. Collectively referred to as ‘Agreement’ moving forward.

1.4 Rease is entitled to change the terms of the Agreement at any time by giving you notice by email or posting changes to the online platform. We recommend always reading the Agreement before engaging with the Rease online platform, which is available on the Rease online platform.

1.5 If you do not agree to the Agreement, you must not use the Rease online platform or continue to access the Rease online platform.

2. Contractual Relationship

2.1 Terms governing this Agreement

(a) Rease will engage with you in accordance with these Terms and Conditions.

2.2 Previous Agreement

(a) You warrant that these Terms and Conditions replace all previous agreements (whether verbal, written or otherwise) between the parties relating to the engagement with Rease.

(b) This agreement constitutes the entire agreement between the parties and supersedes any prior conduct, arrangement, agreement or understanding in relation to the subject matter.

2.3 Relationship of Parties

(a) You warrant that you are an independent contractor, and in no way an employee or general agent of Rease or any of it’s duly authorised representatives.

3. Account users and member profiles

3.1 Account Registration

(a) To use the Rease online platform, you must register and set up account which will include an email address and a password (Account). Rease does not take any responsibility for maintaining the confidentiality of your password.

(b) Rease does not take any responsibility for any activities that happen under your Account and require that you notify Rease of any unauthorised use of your Account.

(c) By registering an Account with Rease you confirm that you have provided accurate, current and complete information as part of the registration process. You are responsible for maintaining all information regarding your Account.

(d) Rease reserves the right to suspend or terminate your Account and your access to any Rease online platform, if you are suspected of providing false information, and your account is inaccurate, not current or incomplete.

(e) When you create an Account, we will require you to verify your identity.

(f) You warrant that all identity information and documents you provide are complete, current and accurate.

(g) You undertake to notify us of any changes to these identity documents within five (5) Business Days (for example, changing your name or contact address).

(h) You permit us to verify your identity, including using the Document Verification Service (DVS) to confirm that the personal information you provide to us in your identity documents as evidence of your identity match the information held by the agency which issued that document (also known as the official record holder).

(i) Rease will engage a third-party, namely, Green ID GBG for the purposes of undertaking web verification (WebVOI) on all Users as part of their Profile Registration.

(j) You consent for Green ID to obtain 100 points of verification for the purposes of the Account Registration.

(k) Any Account which is not verified by Rease is not permitted to engage in any Transaction and will not be permitted.

(l) You may connect to the Site with a third-party service (e.g., Facebook or Instagram) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.

(m) You agree to provide any information we may reasonably require to provide you with the Services (for example, your bank account details for us to pay any monies owing to you) in a timely fashion.

(n) We may accept or reject any request for your Account registration at our sole discretion.

3.2 Member Profiles

(a) Rease will create an account profile on the basis of the information you have provided on registration (Account Profile). The Account Profile will be accessible through the Website. Some information, such as your profile photo, first name, contact details and reviews, may be made available to other Users and other non-member visitors of the Site.

(b) Rease is not responsible for maintaining the accuracy of your Account Profile. You are responsible for ensuring the information is correct, 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 Rease online platform generally.

(d) Users must be over the age of 18 years old. By creating an Account Profile you warrant that you are over 18 years old.

3.3 Account User behaviour

(a) Rease will monitor and review all conduct of Account Users and reserves the right to cancel any Account on suspicious of misconduct, fraudulent behaviour, inappropriate conduct such as bullying or harassment or poor User experience including poor reviews and complaints.

(b) Rease is not responsible and cannot be liable for the acts or omissions of the Users. By engaging with the online platform, you agree that Rease is no way an agent or representative of any User,.

4. Listing your Goods on Rease

4.1 Rease will on confirmation of registration, make any Listing publicly available on the Rease online platform, where you able to lease your Goods via the Rease online platform based upon the information provided in your Listing.

4.2 In order to list any Goods as available for lease on the Rease online platform, you must create a Listing for the particular Good or Goods 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;

(i) collection and drop-off times/ location;

(ii) fuel or cleaning responsibility in connection with part or all of the Good;

(iii) whether the User requires a licence to operate or lease the particular Good – if this option is selected, you must request and obtain evidence that the User 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 Goods to the User. 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;

(g) the Bond Amount.

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 Users 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 Rease online 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 You will be responsible for:

(a) determining the:

(i) Listing Price that will appear on each of your Listings on the Site; and

(ii) Bond Amount that will appear on each of your Listings on the Site.

(b) the Bond Amount should be referrable to the value of the Goods, and Rease will hold that Bond in accordance with clause 5 of these Terms and Conditions.

5. Bond Amount

5.1 Bond

(a) Rease will on request of the Owner when Listing their Good provide the option for the Owner to receive a Bond.

(b) The Bond will be held in an escrow account managed by Rease and will be released to the Owner once the Owner is in receipt of the Good from the User and has otherwise confirmed the Good to be in the same condition as it was at the time the Good was listed.

5.2 Amount of Bond

(a) Rease is not responsible for determining the appropriate value of the Bond in respect of any Listing.

(b) Rease is not responsible for any shortfalls to cover damage incurred to Owners Goods should the Bond Amount requested by an Owner be insufficient.

5.3 Release of Bond

(a) Rease will on instruction of the Owner release the Bond to the User.

(b) In the event the Owner disputes the condition of the Goods by the User, and challenges the Owner in keeping the Bond, Rease will act as an intermediary party and attempt to resolve the dispute amongst the Owner and the User.

(c) Rease reserves its right to demand images and documents pertaining to the subject Listed Good to enable Rease to facilitate a dispute resolution as between the Owner and the User.

(d) In the event that Rease is unable to assist in the dispute resolution, it will notify both the Owner and the User.

(e) Both the Owner and the User releases Rease (and our officers, directors, agents, subsidiaries, jointer venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

(f) Should Rease not receive instructions to release the Bond after 21 days of the lease of a Good/s, the Bond will be forfeited and become the sole possession of Rease.

6. Leasing Process

6.1 Requests and Inquires

(a) All requests and enquiries made through the website will be addressed by the team at Rease. For all queries, the team at Rease can be contacted through (support@rease.com.au), or (admin@rease.com.au).

6.2 Rejecting an offer to lease a Good

(a) If Rease deems an offer to lease outside of its scope of operations and outside the Community Guidelines, it will, in writing, notify the Lessor of its position of the same and reject the offer to be lease through the Rease platform.

6.3 Accepting an offer to lease a Good

(a) See Clause 4, Leasing your Goods on Rease.

6.4 Internal Messaging Platform

(a) Rease offers an internal messaging platform as between the Owner and the Hirer of which facilitates discussion amongst the parties.

6.5 Commencing the Lease

(a) The Commencement of the Lease will be in effect upon the exchange of the Product as between the Owner and the Hirer.

6.6 Rease Transaction Fee

(a) By using the services of Rease, you authorise Rease to deduct a 10% charge from the total amount of the Lease of the Good up to a maximum sum of $750.00 (‘Transaction Fee’).

(b) Clause 6.5(a) may be altered, increased, changed, or modified at any time, and you warrant that it is not necessary for Rease notify of any changes to the Transaction Fee.

7. Return of Good/s

7.1 User Duties

(a) The User, unless agreed otherwise with the Owner of the Good/s, on the ending of the Rental Period is required to return the Good/s to the Owner as stipulated in the Listing.

7.2 Late Fees

(a) If a User fails to return the Goods within the specified time frame, the User will be charged the equivalent daily lease rate, as specified in the Listing for every day the rental is late, up until the Good is returned.

(b) The Owner authorises Rease to charge 10% of the sum of the late fee charged to the User in addition to Rease’s service fees.

7.3 Mandatory waiting period to relist Goods

(a) On return of Good to the Owner, Rease will commence a 24-hour window which will commence at the date and time the Owner is in possession of the Good/s (‘Review Period’).

(b) This Review Period is mandatory and prohibits any Owner from relisting their Good/s without a 24 hour cooling off period.

8. Use and security

8.1 The User will be entitled to use the Goods during the Lease Period for its own purposes subject to these Terms and Conditions. The User will keep the Good under its control at all times, and will note remove the Good/s from the Geographic Limitation (if any);

8.2 The User will not:

(a) Allow the Good to be used for any illegal purpose;

(b) Use the Good when it is damaged or unsafe;

(d) Use the Good recklessly, negligently or with any intent to cause injury, loss or damage or while intoxicated with any substance;

8.3 The User will ensure persons operating or erecting the Good are suitably trained, licensed, experienced and (if necessary) certified;

8.4 The User will display and maintain all safety signs and instructions and ensure that all instructions and signs are observed and obeyed by those using the Good.

9. Duties of User

9.1 Standard of Goods

(a) All Owners of Goods are solely responsible for ensuring the Good/s they are listing are of a high quality, and match the description listed in the Rease online platform.

9.2 General Obligations

9.3 Indirect Solicitation

(a) You warrant that you will not use the Rease online platform to solicit offers for lease

9.4 Not to use Rease name or logo

10. Liability for Damage and Loss to Good

10.1 If, during the Rental Period, the Good is stolen, the User must:

(a) Immediately notify Rease and act according to instructions given by Rease;

(b) Immediately report the theft to the police and provide a copy of the report to Rease;

(c) Rease will undertake an investigation between the Owner and the User as to the Damage and Loss to Good in accordance with Clause 12 below;

(d) In the event that Rease is unable to resolve the dispute as between the Owner and the User, the Owner may seek out alternative dispute resolution methods as well as seeking damages as against the User through process of litigation.

(e) Insofar as it is possible, all warranties, whether by statute or common law, in relation to User’s hire of Good/s are expressly negative and do not apply. Rease is not liable to the User or Owner, and the Hirer or Owner releases Rease from any breach of contract or duty of care; and

(f) Rease and its directors, employees or representatives are not liable to the User or Owner for negligent acts or omissions;

10.2 If, during the Rental Period, the Good is damaged or loss is suffered (except fair wear and tear), the User must:

(a) Immediately notify Rease and act according to instructions given by Rease;

(b) Not make any offer, promise of payment, settlement or admission of liability to any other party;

(c) Pay the Owner a sum equal to cover the repair, replacement parts, or replacement of the Good (less depreciation), noting that this sum may be deducted from the Bond per clause [X];

(d) Pay the Owner interest calculated at a rate of 15% per annum on all outstanding repair or replacement costs.

(e) Rease will undertake to charge the User’s Account at the prescribed rate of 15% per annum on all outstanding repair or replacement costs.

(f) Rease will charge to the Owner a percentage of 10% of the outstanding repairs or replacement costs.

10.3 The User hereby assumes and shall bear the entire risk of loss and damage to the Good/s from any and every cause whatsoever, fair wear and tear excepted; and

10.4 The User is liable for damage to the property of any person which is caused or contributed by the User or which arises from the use of the Good by the User or any other person the User allows to use the Good.

11. Dispute Resolution

11.1 Owners and Users

(a) Any dispute between a User and Owner must be dealt with between the parties and Rease is barred from being joined or included in the dispute or proceedings.

(b) You warrant that by using the Rease online platform, Rease is not a party to the Agreement between the User and Owner and cannot be brought into the Proceedings.

11.2 Rease and Users/Owners

(a) Any User or Owner that has a dispute with Rease must in writing notify Rease of the dispute (Complaint).

(b) On receipt of the Complaint, Rease will conduct an internal review of the Compliant and attempt to resolve the dispute.

(c) If the Complaint cannot be resolved, the parties are required to enter an informal mediation conference to resolve the Complaint.

(d) If the Complaint is still unresolved, the aggrieved party is then entitled to commence Proceedings.

12. Limitation and Exclusion

12.1 Insofar as it is possible, all warranties, whether by statute or common law, in relation to User’s hire of Good/s are expressly negative and do not apply. Rease is not liable to the User or Owner, and the Hirer or Owner releases Rease from any breach of contract or duty of care;

12.2 Rease and its directors, employees or representatives are not liable to the User or Owner for negligent acts or omissions;

12.3 The User and Owner indemnifies Rease against any liability, loss, damage, costs or expenses incurred or suffered by Rease arising directly or indirectly out of or in connection with:

(a) Any breach of the Agreement, any breach of any laws, or any act or omission on the part of the User or its officers, employees, representatives or agents;

(b) Any action for trespass resulting from an Owner entering the Delivery Address;

(c) By using the Rease online platform the User acknowledges that use of the Good/s is an activity which has obvious risk of injury or harm. The user acknowledges and accepts that risk.

13. Disclaimer

13.1 Rease is the provider of the Site 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 Site;

(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 Users 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 a User requests to lease one of your Goods, any agreement you enter into with such User is between you and the User and we are not a party to it.

13.2 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 Site. You acknowledge that we have total control over the content, look and layout of the Site and any associated marketing materials.

14. Termination

14.1 This Agreement may be terminated and cancelled forthwith by Rease upon giving notice in writing of not less than 24 hours to any User;

(a) If a User or Owner breaches the terms and conditions of this Agreement and fails to remedy that breach within seven (7) days of receiving notice from Rease;

(b) The User or Owner becomes insolvent or has an insolvency event occur (other than as specified in the amendments to the Corporations Act 2001 (Cth) enacted by Part 2 of the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth));

14.2 Subject to clause 8.1 above, the Agreement will terminate when the User delivers the Good/s to the Owner during normal working hours or, if Rease agrees, when the Good/s is collected by Owner.

15. Intellectual property

15.1 The User acknowledges and agrees that any intellectual property which is created, developed, expanded, added to, or modified in any manner or to any extent by the User in the course of performing their obligations to Rease or in the course of business with Rease is the absolute property of Rease.

15.2 In this clause, Intellectual Property includes any industrial or intellectual property and any real, personal, tangible or intangible property.

15.3 The User agrees and acknowledges that all copyright in advertisements or other promotional material associates with appearances, including the right of reproduction wholly or in part, belongs to Rease absolutely and Rease has the exclusive right to reproduce and authorise reproductions of the advertisements and other promotional material for any purpose in any manner in Australia or any other country without any remuneration to Rease.

15.4 The User acknowledges that the Company’s Trade Mark(s) are the property of the Company and it has no right, title or interest in the Trade Mark(s) of the other party except as expressly set out in this Agreement.

16. Secure Payment

16.1 For the purposes of securing payment, Rease hereby engages Stripe Connect for the purposes of securing any form of payment, albeit, bond payment, lease payment, transaction fee payment.

16.2 Stripe Connect is hereby authorised to hold payments in escrow pending the completion of the transaction as between the User and the Hirer.

17. Rease Community Standards

17.1 Rease holds the discretion to:

(a) remove or refuse a user’s registration

17.2 Your interactions with other users, including payment and delivery of goods and services, and any other terms and conditions, warranties or representations associated with such dealings, are solely between the Owner and the User.

18. Content Standards

18.1 These provisions apply to any and all Listing of Goods the Owner contributes to the Rease Website, and to any interactive services associated with it.

18.2 All Account Users of Rease must comply with the spirit of following standards. The standards apply to each part any Content as well as to its whole.

18.3 All Account Users are solely responsible for any Content that is submitted, published or displayed on the Website of transmit to other Website Users.

18.4 The following is a non-exhaustive list of the criteria that content must comply with. Content must:

(a) Be accurate,

(b) Be genuinely held,

(d) Free of any defects, claims, encumbrances or charges.

18.5 Should the listed items be the subject of any encumbrances or charges, the Owner has the duty to disclose the same to the User prior to the transaction taking place.

19. Jurisdiction

19.1 This Agreement is governed by the laws of New South Wales, Australia.

20. General

20.1 Entire Agreement

(a) The expiry or termination of this Agreement does not affect the rights which have accrued before that expiry or termination or any rights and obligations of the parties which survive the expiry or termination;

20.2 Time

(a) Time is of the essence for obligations of the Users and Owners under this Agreement;

20.3 Assignment

(a) Rease may assign or subcontract all or any of its rights under this Agreement, but the Owner or Hirer must not assign its rights under this Agreement;

20.4 No waiver, granting of time or other indulgence shall affect Rease’s rights under this Agreement notwithstanding any rule of law or equity to the contrary;

20.5 The Owner and Hirer agrees that Rease may obtain, disclose and use information:

(a) About the Owner’s or User’s credit worthiness or for the purpose of obtaining and maintaining credit information files about the Owner or User for collecting overdue payments;

(b) About the Owner or User for the purpose of providing services to the Hirer, including sharing information with other associated companies;

20.6 In relation to the subject matter of this Agreement, this Agreement is the whole agreement between the parties and the Agreement supersedes all oral and written communications by or on behalf of any of the parties.

20.7 Notices

(a) A notice or other communication to or by a party under the agreement

(i) Must be in writing;

21. Definitions and Interpretations

21.1 Definition

(a) Account means a record containing the email address, password and verification documents of the Users of Rease.

(b) Agreement means the Agreement entered into between Rease, the Hirer and the Lender and which incorporates these terms and conditions;

(c) Assignment means that Rease may assign or subcontract all or any of its rights under this Agreement. The Owner or the Hirer must not assign its rights under this Agreement;

(d) Agent means a single person or legal entity engaged by Rease to act on behalf of Rease.

(e) Authorised Representative means a single person or legal entity nominated by Rease to act as an agent for Rease in relation to a particular dealing or matter.

(f) Dispute Resolution means any dispute between a User and Owner of which Rease acts as an intermediary party with a view to resolving the issues.

(g) Employee means someone hired by an employer.

(h) Goods means any product or service listed through Rease for the purposes of being leased to a User.

(i) Listing means the method used by the Owner to display the Goods for the purposes of being leased to a User in accordance with the Agreement.

(j) Materials means any text, images, or other content that would constitute intellectual property of any nature in favour of Rease.

(k) Owner means the party of whom beneficially owns the Goods of which are the subject of transaction in accordance with the Agreement.

(l) User means the leasing party of whom enters into the transaction with the Owner.