CHECKOUT MY SHED TERMS AND CONDITIONS

Welcome to Checkout My Shed!

We’re an online marketplace for lending and borrowing household Items (such as tools, ladders, garden equipment, camping gear, fishing gear, kitchen appliances, or other household items). We connect people who want to hire out their household items (Lender), with people who are looking for a convenient place to hire household items online (Borrower) (collectively, Users).

These terms and conditions apply to your use of our website or web application, or your participation in the Checkout My Shed Pty Ltd marketplace (or both, as the case may be) (Platform). By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Checkout My Shed (ACN 640 656 088) (Checkout My Shed, we or us).

Please read these terms and conditions carefully and please do not use the Platform if you do not agree to these terms and conditions.

We may update these terms and conditions from time to time by posting updated terms and conditions on our website. We will endeavour to notify you if we do this.

1. ACCOUNTS

(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform or through a third party service such as Google or Facebook (Account).

(b) You must be over 18 years of age, or have your legal guardian’s consent, to create an Account. By creating an account, you represent and warrant that you comply with this clause.

(c) As part of the Account registration process, you will be asked to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal address, mobile phone number, and other information as determined by Checkout My Shed from time to time (Personal Information). We will deal with the Personal Information you provide to us in accordance with our Privacy Policy and as stated in clause 14.

(d) Once you complete the Account registration process, Checkout My Shed may, in its absolute discretion, choose to accept you as a registered User of the Platform and provide you with an Account.

(e) Checkout My Shed may, in its absolute discretion, suspend or cancel your Account for any reason, at any time, including for any failure to comply with this agreement.

2. HIRE TERMS
2.1 PROCESS AND PAYMENTS

(a) Viewing the Platform and posting a Hire Listing is free.

(b) Borrowers may pay for a Hire Listing using the Platform’s payment functionality provided by Stripe, or another third party payment provider nominated by Checkout My Shed from time to time (Third Party Payment Provider).

(c) When a Lender posts a Hire Listing, they may nominate a price for renting the item (Quoted Amount), which is comprised of:

  1. a set commission amount payable to Checkout My Shed (Commission Amount)
  2. the fees taken by the Third Party Payment Provider (as determined by the Third Party Payment Provider from time to time) (Third Party Fees); and
  3. the amount remaining after the deductions in clauses (i) and (ii) (Hire Fee)

(d) When a Lender posts a Hire Listing, they may nominate the period of time for which the item is available.

(e) A Borrower may offer to hire an item in a Hire Listing and specify the hire start date. The default hire end date is based on the period nominated by the Lender at time of posting the Hire Listing.

(f) If a Lender accepts the offer to hire, the Borrower’s nominated payment method will be charged the Quoted Amount via the Third Party Payment Provider. Once payment has been made, a binding contract is formed between the Borrower and the Lender (Order).

(g) The Borrower must ensure that the borrowed item is returned to the Lender no later than the hire end date. For late rentals, the Borrower will be charged an additional rental period, until the item is returned.

2.2 LENDERS’ UNDERTAKINGS

Lenders acknowledge and agree that:

(a) Lenders must provide as much information as possible in any Hire Listing and ensure that the condition of items is clearly and accurately articulated;

(b) Checkout My Shed may choose not to accept any Hire Listing submitted to the Platform;

(c) Checkout My Shed may limit the number of Hire Listings submitted to the Platform; and

(d) Lenders must take all reasonable steps to complete every Order in a timely manner.

(e) Lenders are responsible for ensuring all electrical items are maintained regularly and undergo a ‘Test and Tag’ regularly as stipulated by the Australian Standard guidelines AS/NZS 3760

(i) The Lender agrees they are responsible for any damage caused by an item that has not been maintained, or has not undergone a ‘Test and Tag’ in the last 3 months. This includes, but is not limited to electrical damage caused to the Borrower’s property, personal injury obtained by the Borrower, damage to any Borrower’s items

(f) Lenders are not responsible for any damage caused to the Item, the Borrower’s home or surrounding items or the Borrower themselves, should the damage be caused by mis-use.

(g) Checkout My Shed recommends that Lenders obtain appropriate insurance for their Listings. Please review any respective insurance policy 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, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers while renting your Listed Items.

(h) Once a booking is approved by the Lender, Lenders are required to provide Borrowers with instructions on how to use the Listing in the appropriate manner to ensure the safety of the Borrower

2.3 BORROWERS’ ACKNOWLEDGEMENTS

Borrowers acknowledge and agree that:

(a) the Platform provides links and introductions to Lenders owned and operated by third parties that are not under the control of Checkout My Shed;

(b) the provision by Checkout My Shed of introductions to Lenders does not imply any endorsement or recommendation by Checkout My Shed of any Lender;

(c) Checkout My Shed does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Lender who uses or is listed on the Platform; and

(d) any Orders constitute a contract between the Borrower and the Lender only.

(e) Borrowers will not accept electrical items from Lenders that has not undergone a ‘Test and Tag’ in the last 3 months or have visible signs of damage

(f) Borrowers are responsible for ensuring they have the correct personal protective equipment (PPE) and necessary training to operate any items borrowed safely and responsibly. Checkout My Shed and any of it’s Lenders are not liable for any injury or damage caused to or by a Borrower.

(g) Borrowers will return a Hire Listing to the Lender on or before the end of the day specified in the booking as the Hire End Date

(h) Borrowers accepts all responsibility for damage to the Item, their own property and themselves, should they mis-use the Hired Item

3. OTHER FINANCIAL MATTERS

(a) Checkout My Shed reserves the right to change or waive the Commission Amount at any time by updating this agreement.

(b) Lenders are responsible for the collection and remission of all taxes associated with any transactions, and Checkout My Shed will not be held accountable in relation to any transactions between Borrowers and Lenders where tax related misconduct has occurred.

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

(d) Checkout My Shed reserves the right to withhold payment to Lenders should they owe Checkout My Shed fees to cover cancellations, as identified in Clause 4c and 4d.

(e) In the first week of every month Checkout My Shed will schedule payment to all Lenders to cover all rental earnings from the previous month (Lender Payment Run). Payment will be made to the Lenders’ identified bank accounts within 3-5 business days

4. CANCELLATIONS AND REFUNDS

(a) If a party wants to cancel an order after it has been Confirmed by the Lender, the cancelling party must promptly notify the other party by selecting to Cancel Booking from their My Bookings page

(b) (Borrower cancellation) If a Borrower cancels an Order after it has been Confirmed by the Lender, they will forfeit any Third Party Payment fees

(c) (Lender cancellation) If a Lender cancels an Order after it has been Confirmed by the Lender, the Platform will:

  1. refund the full Hire Fee to the Borrower (inclusive of all fees);
  2. add a penalty fee to the Lender's account covering the Third Party Payment Fees incurred by the borrower and the Commission Amount. All penalty fees will be deducted from the Lender's next payment in the next Lender Payment Run.

(d) If Checkout My Shed determines that a Lender has made an unreasonable amount of cancellations, Checkout My Shed may cancel the Lender’s Account and request payment of any outstanding fees, the Lender agrees to pay any fees within 14 days.

(e) (Substantially Different Item) If an item is substantially different as advertised (including being damaged or not working), and you wish to seek a refund, you must notify the Lender and Checkout My Shed through the mechanism on the Platform within 12 hours of pickup of the item. If it is agreed that the item is in a substantially different as advertised, the Platform will:

  1. refund the full Hire Fee to the Borrower (inclusive of all fees);
  2. add a penalty fee to the Lender's account covering the Third Party Payment Fees incurred by the borrower and the Commission Amount. All penalty fees will be deducted from the Lender's next payment in the next Lender Payment Run.

(f) If the parties cannot agree whether the Listing Item is substantially different to as advertised, the parties must attempt to resolve the issue in accordance with clause 11.

(g) If Checkout My Shed determines that a Lender has received an unreasonable amount of substantially different item returns, Checkout My Shed may cancel the Lender’s Account.

(h) Once an Order has begun (as stipulated by the confirmed booking date starting at 00:00:01 on the date of the Hire Start Date), an Order is non-refundable

5. DAMAGED OR NON RETURNED ITEMS

If an item is damaged or unclean beyond what is expected due to reasonable wear and tear, then the Borrower must pay all costs associated with cleaning or repairing the item. In the event of a dispute, the repair / professional clean must be proven to Checkout My Shed and the Lender via a receipt.

If the Lender determines, in its absolute discretion, that the item is damaged beyond repair, or the item is not returned, then the Borrower must pay the replacement fee (which is shown on all listings at the time of booking) to compensate the Lender for the loss of the item.

Checkout My Shed is not responsible for damaged items or loss of any items. Checkout My Shed will, to the best of their ability, attempt to recover any funds owing to the Lender based on damaged or lost items.

6. BYPASSING

(a) You agree that while you hold an Account, and for two months after you cease holding an Account, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any other User whom you came to know about by using the Platform. This provision will apply whether or not the other User or their representative is still active on the Platform.

(b) Checkout My Shed may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.

7. POSTED MATERIALS
7.1 WARRANTIES

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

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

(b) the Posted Material is accurate and true at the time it is provided;

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

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

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

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

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

(h) the Posted Material does not breach or infringe any applicable laws.

7.2 LICENCE

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

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

(c) You indemnify Checkout My Shed against all damages, losses, costs and expenses incurred by Checkout My Shed arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

7.3 REMOVAL

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

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

8. USER OBLIGATIONS

As a User, you agree:

(a) to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User and to only correspond with Users through the Platform;

(b) you must not intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

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

(d) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive items;

(e) not to act in any way that may harm the reputation of Checkout My Shed or associated or interested parties or do anything at all contrary to the interests of Checkout My Shed or the Platform;

(f) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Checkout My Shed;

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

(h) that Checkout My Shed may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 8.

9. PLATFORM LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Checkout My Shed cannot and does not represent, warrant or guarantee that:

(a) the Platform will be free from errors or defects;

(b) the Platform will be accessible at all times;

(c) messages sent through the Platform will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Platform will be secure or confidential; or

(e) any information provided through the Platform is accurate or true.

10. THIRD PARTY CONTENT

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

11. DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute.

(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Checkout My Shed via the mechanism on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

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

(d) Checkout My Shed has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(e) Checkout My Shed reserves the right to hold funds in relation to a Hire Listing between the parties until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

12. SECURITY

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

13. DISCLAIMER

(a) (Introduction service) Checkout My Shed is a medium that facilitates the introduction of Borrowers and Lenders for the purposes of lending and hiring items. Checkout My Shed simply collects a commission in consideration for providing this introduction service and does not have any obligations or liabilities to Borrowers and Lenders in relation to such items or otherwise resulting from the introduction.

(b) (Limitation of liability) To the maximum extent permitted by applicable law, Checkout My Shed excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any items provided by any Lender. This includes the transmission of any computer virus.

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Checkout My Shed's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to in the case of items, their replacement or the supply of equivalent items, or the payment of the cost of supplying them again.

(c) (Indemnity) You agree to indemnify Checkout My Shed and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your use of the Platform or your use or receipt of items from another User.

(d) (Consequential loss) Under no circumstances will Checkout My Shed be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any items provided by any Lender.

14. TERMINATION

(a) Checkout My Shed reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.

(b) In the event that a User’s membership is terminated:

  1. the User’s access to all posting tools on the Platform will be revoked;
  2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Hire Listings or requests); and
  3. the User may be unable to view the details of all other Lenders (including contact details, geographic details and any other details), and all Hire Listings previously posted by the respective User will also be removed from the Platform.

(c) Should the terminated Member have any remaining funds in their Account, they will receive these in the next payment cycle, as stipulated in clause 3, minus any penalty fees owing to Checkout My Shed, as stipulated in clause 4

(d) Users may terminate their membership on Checkout My Shed at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Checkout My Shed will effect such termination within a reasonable time after receiving written notice from the User.

(e) Notwithstanding termination or expiry of your membership or this agreement, the provisions which by their nature would reasonably be expected to be complied with after termination, will continue to apply.

16. GOVERNING LAW

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

Last Updated 14/05/2020