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TERMS AND CONDITIONS

Thank you for visiting Onthelease!

These Terms of Service (“Terms”) are a binding legal agreement between you and Onthelease that govern your use of the websites, applications, and other offerings from Onthelease (collectively, the “Onthelease Platform”). When used in these Terms, “Onthelease,” “we,” “us,” or “our” refers to the Onthelease whom you are contracting.



1. OUR MISSION

The Onthelease Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book equipment from people in your local area. From cooking utensils, gardening tools to traveling gears and camping gears, browse through millions of listings to find the one that fits your needs at the time.

Members who publish and offer equipment for rentals are “Asset Owners'' and Members who search for, book, or use equipment are “Customers.” Asset Owners offer gears/equipment (“Assets'') for hiring. You must register an account to access and use features of the Onthelease Platform, and must keep your account information accurate. As the provider of the Onthelease Platform, Onthelease does not own, control, offer or manage any Listings. Our main objective is to ensure our Members have great experiences using Onthelease, we do not and cannot control the conduct of Asset Owners and Customers. You acknowledge that Onthelease has the right, but does not have any obligation, to monitor the use of the Onthelease Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content due to and not limited to the following:

  • operate, secure and improve the Onthelease Platform (including for fraud prevention, risk assessment, investigation and customer support purposes);
  • ensure Members comply with these Terms;
  • comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
  • address Content that we determine is harmful or objectionable;
  • take actions set out in these Terms; and
  • maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Onthelease administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for asset owners), including decisions about whether and how to apply them to a particular situation, at its sole discretion.

Members agree to cooperate with and assist Onthelease in good faith, and to provide Onthelease with such information and take such actions as may be reasonably requested by Onthelease with respect to any investigation undertaken by Onthelease regarding the use or violation of the Onthelease Platform. Onthelease is not acting as an agent for any Member except for where Onthelease Payments acts as a collection agent as provided in the Payments Terms.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Onthelease payment entities ("Onthelease Payments").

If you are an Asset Owner, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your asset rental.



2. GENERAL TERMS

2.1 Terms 

You must follow these terms and must not help or persuade others to break or bypass these rules.

  • Act with integrity and treat others with respect
  • Do not lie, distort information, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Follow our Non-discrimination Policy and do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, arbitrate or damage the Onthelease Platform
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Onthelease Platform.
  • Do not decode, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Onthelease Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Onthelease Platform.
  • Do not hack, avoid, remove, damage, or otherwise attempt to bypass any security or technological measure used to secure the Onthelease Platform or Content.
  • Only use the Onthelease Platform as authorized by these Terms or another agreement with us
  • You may only use another Member’s personal data as necessary to facilitate a transaction using the Onthelease Platform as authorized by these Terms.
  • Do not use the Onthelease Platform, our messaging tools, or Members’ personal data to send commercial messages without the recipient’s expressive consent.
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • You may use Content made available via the Onthelease Platform solely as necessary to enable your use of the Onthelease Platform as an Asset Owner or Customer.
  • Do not request, make, or accept any bookings or any payment outside of the Onthelease Platform to avoid paying fees, taxes or for any other reasons.
  • Do not require or induce a Customer to open an account, post any reviews, complete any survey, or otherwise interact with a third party website, application or service before, during or after a reservation, unless authorized by Onthelease.
  • Do not book or rent equipment unless you are actually the end Customer.
  • Do not engage in any practices that are intended to change our search algorithm.
  • Do not use, duplicate, display, represent or frame the Onthelease Platform, any Content, any Onthelease branding, or any page layout or design without our consent.
  • Honour your legal obligations with respect
  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with another person’s personal data, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms, Policies and Onthelease Community Standards & Safety Measures.
  • Do not use the logo, branding, name, or trademarks of Onthelease or others without permission.
  • Do not utilise or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Onthelease branding.
  • Do not offer  illegal equipment that violates the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

2.2 Reporting Violations

If you believe that a Member, Listing or Content poses a possible risk of harm to a person or an asset, you should immediately contact local authorities before contacting Onthelease. In addition, if you believe that a Member, Listing or Content has violated our Community Standard - Safety, you should report your concerns to Onthelease. If you reported an issue to local authorities, Onthelease may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

2.3 Termination, Suspension and other Measures

2.3.1 Term

The agreement between you and Onthelease reflected by these Terms is effective as soon as you access the Onthelease Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

2.3.2 Termination

You may terminate this agreement at any time by sending us an email to customerservice@onthelease.com or by deleting your account. Onthelease may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Onthelease may also terminate this agreement immediately and without notice and stop providing access to the Onthelease Platform if you breach these Terms, if you violate our Policies, if you violate applicable laws, or if we reasonably believe termination is necessary to secure Onthelease, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

2.3.3 Member Violations

If (i) you breach these Terms, our Policies, or our Community Standards - Safety, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Onthelease believes it is reasonably necessary to secure Onthelease, its Members, or third parties; Onthelease may, with or without prior notice:

  • suspend or limit your access to or use of the Onthelease Platform and/or your account;
  • suspend or remove Listings, Reviews, or other Content;
  • terminate pending or confirmed bookings; or
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Onthelease discretely determines, you will be given notice of any intended measure by Onthelease and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Asset Owner will be reduced by the amount we refund or otherwise provide to the Customer, and by any other costs we incur as a result of the cancellation.

2.4.4 Legal Mandates

Onthelease may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 3.3.

2.4.5 Effect of Termination

If you are an Asset Owner and terminate your Onthelease account, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you terminate your account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Onthelease Platform has been limited, or your Onthelease account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Onthelease Platform through an account of another Member.

2.4.6 Appeal

 If Onthelease takes any of the measures described in this Section 2.4 you may appeal such a decision by contacting our customer service.

2.5 Modification

Onthelease may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Onthelease Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Onthelease Platform will constitute acceptance of the revised Terms.

2.6 Resolving Complaints and Damage Claims 

If a Member provides evidence that another Member damaged their real or personal property ("Damage Claim"), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to Onthelease, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Onthelease determines in its sole discretion that they are responsible for the Damage Claim, Onthelease via Onthelease Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. You agree that Onthelease may seek to recover from you under any insurance policies you maintain and that Onthelease may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Onthelease requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of rental equipment.

2.7 Member Accounts

You must register an account to access and use many features of the Onthelease Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Onthelease Platform under the applicable local government laws, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Onthelease if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we have right to:

  • request you to provide identification or other information,
  • conduct checks designed to help verify your identity or background,
  • screen you against third-party databases or other sources and request reports from service providers, and
  • collect reports from public records of criminal convictions or sex offender registrations or their local equivalents.

2.8 Reviews

After each Rental, Customers and Asset Owners will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Onthelease for accuracy and may be incorrect or misleading.

2.9 Content

Parts of the Onthelease Platform allows you to provide feedback, written  information and other content (collectively “Content”). By providing Content, in whatever form and through whatever means, you grant Onthelease a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, utilise, store, duplicate, revise, prepare or create by-products of, distribute, publish, transfer, cascade, broadcast, and otherwise make use of it in any manner such Content to provide and/or promote the Onthelease Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal data, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy, where Onthelease pays for the creation of Content or facilitates its creation, Onthelease may own that Content, in which case supplemental terms or disclosures will explain that. Members are solely responsible for all Content that you provide and warrant that you either own it or have the right to grant Onthelease the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Non-discrimination Policy, which prohibit, among other things, discriminatory, pornographic, harassing, deceptive, violent and illegal content. You agree that Onthelease may make available services or automated tools to translate any Content on the Site and App, and that your Content may be translated using such services or tools. Onthelease does not guarantee the accuracy or quality of translations and it is the Members responsibility to confirm the accuracy of such translations.

2.10 Fees

Onthelease may charge fees (and applicable Taxes) to Asset Owners and Customers for the use of the Onthelease Platform. More details about our service fees and calculation methods can be found on our Service Fees page. Except as otherwise stated on the Onthelease Platform, service fees are non-refundable. Onthelease reserves the right to update the service fees at any time, and will notify Members for any fee changes before they become effective. Fee changes will not affect reservations made prior to the effective date of the fee update. Members may terminate this agreement at any time pursuant to Section 2.4.2 if you disagree with the fee update.

2.11 Disclaimer

Onthelease does not endorse or warrant the presence, conduct, performance, safety, quality, legality or appropriateness of any Member and we do not warrant that verification, identity or background checks conducted on members (if any) will identify historical misconduct or avoid any misconduct in the future. Any references to a Member being "verified" (or in similar language) indicate only that the Member or Onthelease has conducted a relevant verification or identification process and nothing else. We are not responsible for violations or disruptions of the Internet and telecommunications infrastructure which are outside of our control and can lead to interruptions in the availability of the Onthelease Platform. Onthelease may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Onthelease Platform or deactivate certain features thereof, if this is necessary in view of capacity limits, the integrity or security of our servers, or to carry out maintenance measures that ensure the Onthelease Platform functions properly and continues to improve.

2.12 Liability 

Onthelease is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, Onthelease’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Onthlease in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Onthelease is excluded.


2.13 GOVERNING LAW AND JURISDICTION

These terms and conditions and the contract governed thereby shall be governed by and construed in accordance with the laws from time to time, of the State of NSW which is where the head office of the Company is located and any proceedings shall be brought and heard in Sydney.


3. CUSTOMER TERMS

3.1 Searching and Booking on Onthelease platform

3.1.1 Searching

You can search for Asset Owner Listing by criteria such as by typing in the keywords or by selecting categories. There are filters to help refine your search results. Search results displayed are based on the relevance to your search and other criteria. Relevance of search results are based on factors such as availability, reviews, price, location popularity, cancellation history, historical listings and saved Listings, etc.

3.1.2 Booking

Total fees must be paid prior or at the time of exchange of Equipment. The Asset Owner may refuse to release the Equipment unless the evidence of a payment is present.

In case of extending the hire of the Equipment, additional hiring fees must be paid at the beginning of the extended period of the hire. If not, a penalty rate may be charged to the Customer.

When you book a listing, you are agreeing to pay all charges for your booking including the Listing price, security deposit, applicable fees like Onthelease’s service fee, taxes and any other items identified during exchange (collectively, “Total fees”). You are also agreeing that Onthelease Payments may charge and collect any security deposit identified during the exchange. When you receive the booking confirmation, a contract for Asset Owner (sometimes called a reservation in these Terms) is formed directly between you and the Asset Owner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Asset Owner.

3.2 Cancellations, Refunds and Booking Modifications

3.2.1 Cancellations and Refunds.

In general, if you cancel a booking, the amount refunded to you is determined by the cancellation policy (article 3.8) that applies to that booking. But, in certain circumstances, other policies take precedence and determine the amount to be refunded to you. If it is due to the condition of the equipment e.g. faulty or misleading description, you will be entitled for full refund under the cancellation policy (article 3.8). If the Asset Owner cancels the reservation, you will also be entitled for full refund under our Customer Refund Policy. Refer to each Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Onthelease by contacting our customer service.

3.2.2 Booking Modifications

Asset Owner and Customer are responsible for any booking modifications they agree to make via the Onthelease Platform or directly contact onthelease customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

3.3 Your Responsibilities

Tests and takes as many photos as possible during the exchange before clicking the exchange button as an evidence to both the Customer and Asset Owner.

You are responsible for the correct use of the equipment. For example, this means:

  • it is your responsibility to return the tool in the condition it was in when you received (general wears & tears are acceptable for reasonable uses), and
  • you must act with integrity, treat others properties with respect and comply with applicable laws at all times.

3.4 Deposit

Onthelease reserves the right not to refund refundable deposit in case the Customer does not return the equipment on time, miss-use or damage. In case of deposit paid by credit card or paypal, the pre-authorization will be completed and the deposit will be transferred to the bank account of Onthelease.

3.5 Stolen, Missing and Late Return of any rental Equipment

Onthelease reserves the right to consider the Equipment stolen if the Equipment have not been returned to the Asset Owner and the Customer fails to communicate after the period of 48hrs from the agreed day of the return of the Equipment. Onthelease reserves the right to notify authorities after this period. Onthelease also reserves the right to notify authorities before the end of this period if the Onthelease believes the Equipment has been stolen.

In case the Equipment is not being returned to the Asset Owner on time and the Customer failing to advise about this and/or failing to communicate, onthelease reserves the right to charge the Customer hiring fees at the same hiring rate until the equipment have returned to the Asset Owner and the full security deposit of the Equipment have been paid. Onthelease reserves the right to charge interest on overdue accounts without prior notice to the Customer at the rate of 1.5% of outstanding balance per calendar month.

3.6 Risks

3.6.1 The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Asset Owner’s premises or from the commencement of testing within the Asset Owner’s premises, whichever is the earlier until the time it is returned and accepted by the Asset Owner. Acceptance does not release the Customer from the responsibility for the loss or damage of hired Equipment.

3.6.2 Customer agrees to pay the full security deposit if equipment is missing or damaged.

3.6.3 Damaged equipment must be returned to the Asset owner at the latest at the expiration of the rental period.

3.6.4. General wear and tear is expected if it is not negligent.

Onthelease reserves the right to determine whether the Customer has been negligent, the use of the Equipment has been reckless and abusive and/or if the damage has been intentional. In cases of negligence, abusive and reckless use and intentional damage the whole of the costs of repair may be charged to the Customer.

In the event of any missing accessories (batteries, filters, cables, user manual,...), Customer is fully liable to the Asset owner for the replacement cost of the missing accessories.

When the Equipment is damaged the Customer is responsible for hire charges up to the time the Equipment is repaired or replaced for a maximum of 12 weeks.

3.7 Cancellation charges.

Cancellation of booked equipment within twenty-four hours of the time specified for collection will incur a cancellation charge equal to 50% of the hiring fee from the period originally booked. Same condition applies if Customer did not show up during the agreed time for exchange.

However, no charge will be incurred if the Customer turns up at the inspection and finds the condition of the rental item is not as per its advertised description. Photo evidence and short description are required if the Customer wishes to terminate the rental without the consent of the Asset Owner during the exchange. No charges will be incurred if both parties mutually agreed to terminate the rental.

Both the asset owner and the Customer shall not be liable for any delay or failure to fulfil any obligation or payments resulting from causes outside the reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, protests, acts of civil or military authorities, embargoes, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“collectively Force Majeure Event”). Either party will need to show evidence to prove such a situation.

3.8 Other conditions

3.8.1 The minimum rental period for Equipment rental varies from item to item. Please check carefully for each rental before booking.

3.8.2 Hired Equipment must not be used on any abnormal or hazardous assignment. The Customer is required to keep hired Equipment in safe custody and must ensure that it is used in a skillful and proper manner. The Customer must take all reasonable precautions to ensure that the equipment is not damaged or destroyed.

4. ASSET OWNER TERMS

4.1 Leasing equipment

4.1.1 Asset Owner

As an Asset Owner, Onthelease offers you the opportunity to lease your asset to your local community of members - and make profit while doing it. It is easy to create a listing and you are in control of how you lease, including how you set your price, availability, and rules for each Listing.

4.1.2 Contracting with Customers

When you accept a booking request, or receive a booking confirmation through the Onthelease Platform, you are entering into a contract directly with the Customer, and it is your responsibility to provide your equipment under the terms and at the price stated in your Listing. You are also agreeing to pay applicable fees such as Onthelease’s service fee (and applicable taxes) for each booking. Onthelease Payments will deduct applicable amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Customer must:

  • be consistent with these Terms, our Policies, and the information specified in your Listing, and
  • be prominently disclosed in your Listing description.

4.1.3 Independence of Rental

Your relationship with Onthelease is that of an independent individual or entity and not an employee, agent, joint venturer, or partner Onthelease, except that Onthelease Payments acts as a payment collection agent as described in the Payments Terms. Onthelease does not direct or control your listing, and you agree that you have complete discretion whether and when to provide Rental Services, as well as the rental price and the terms to offer Customers.



5. MANAGING YOUR LISTING

5.1 Creating and Managing Your Listing

The Onthelease Platform provides tools that assist you to set up and manage a Listing. Your Listing must include complete and accurate information about your rental asset, your rental price, security deposit, and any rules or requirements that apply to your Listing such as minimum hiring period. It is your responsibility to ensure your Listing information (including calendar availability) and content (like photos) accurate and up-to-date at all times.

5.2 Be Aware Of Your Legal Obligations

It is your responsibility to understand and comply with any laws, rules, regulations, and contracts with third parties that apply to your Listing. Investigate and learn your local rules to understand the rules that apply to the Listing before you publish it. For informational purposes only, we provide information regarding legal requirements and Asset Owners should confirm your obligations individually. It is your responsibility to handle and utilise personal data of Customers and others in compliance with applicable privacy laws and these Terms. You should seek legal advice if you have questions about how local laws apply .

5.3 Search Ranking

The ranking of Listings in search results on the Onthelease Platform depends on various factors, including these main parameters:

  • Customer search parameters (e.g. location, time and duration of the rental, rental price range),
  • Listing component (e.g. rental price, security deposit amount, any required license(s), calendar availability, quantity and quality of images, customer reviews, Asset Owner status, popularity),
  • Customers rental experience (e.g. Overall hiring experience and cancellation history of the asset Owner),
  • Customer requirements (e.g. minimum or maximum rental duration, product maintenance requirements, any required license(s)), and

There is a chance that search results may appear slightly different on our mobile application compared to the appearance on our website. Onthelease may allow Asset Owners to promote their Listings in search or elsewhere on the Ontheleae Platform by paying an additional commission fee. More details about the factors that help to determine how your Listing will appear in search results, our current promotional campaigns (if any), and how we identify promoted Content can be found in our FAQ.

5.4 Your Responsibilities

Asset Owners are responsible and liable for your own acts and omissions and you are also responsible for the acts and omissions of anyone on your behalf because you authorise he or she to participate in providing your Rental Services. It is your responsibility to set your rental price, requirements and rules for your Listing. You must prominently describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Onthelease Platform.. Do not induce Members to violate our Off-Platform Policy such as to create third-party accounts, publish reviews, provide their contact information, or take other actions outside the Onthelease Platform.

5.5 Potential Risks

Asset Owners acknowledge that leasing carries potential risks and agree that you assume the entire risk arising out of your access to and your use of the Onthelease Platform, offering Rental Services, or any interaction between you and other Members whether it is in person or online. You agree that you have had the opportunity to investigate and understand the Onthelease Platform as well as any laws, rules, regulations, or obligations that may be applicable to your Listings and that you are not relying upon any statement of law made by Onthelease.

6. TAXES

As a Member, you are solely responsible to determine and fulfill your obligations under applicable laws to report, collect, remit, or include in your rental price any applicable taxes, income or other indirect taxes.