Quipr Terms & Conditions

Definitions
“Goods”
shall mean any items displayed on the Site for hire
“Renter”
shall mean Users of the Site who hire Goods advertised by a Vendor on the Site.
“Users”
shall mean any person or entity that visits the Site for any purpose and includes Renters and Vendors
“Vendor”
shall mean Users of the Site who advertise Goods on the Site for hire.
“Rental deposit” shall mean the amount paid by the renter as collateral during the rental period

1. Agreement
By accessing, visiting, or otherwise using quipr.com.au (“the Site”), you agree to be bound by these Terms and Conditions. This Site is owned and operated by ODINKEY PTY LTD ACN 615 146 346 ABN 39 615 146 346 (“Quipr”, “the Owner” “us” “we” “our”). These terms and conditions may be amended from time to time at the Owner’s discretion and without prior notice to you. Users of the Site are encouraged to review these terms and conditions from time to time as your continued use of the Site will indicate your acceptance of them.

2. Requirements of Use of this Site
2.1 You must be at least eighteen (18) years of age to use the Site; and by using our Site or agreeing to these terms and conditions, you warrant and represent to us that you are at least eighteen (18) years old.
2.2 In order to use the Site to hire Goods we require Users to open an account with us. Users are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised transactions made through a customer’s account.
2.3 As an online business, the main mode of communication that we use is e-mail. By opening an account with us you agree to receive emails from time to time which will include administrative notices, newsletters and updates about our Services.
2.4 If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
2.5 Accounts will only be accessible once approved by the Owner; registration via the Site does not guarantee that an account will be approved. The Owner retains the right to decline a User.
2.6 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

3. Vendor terms of use
3.1 The Site is only available to Vendors who are an Australian resident.
3.2 Vendors are required to have an active PayPal or Bank account to receive rental payments.
3.3 Vendors are required to provide the following information:
(i) Price per day to be paid by a Renter for hiring the Goods;
(ii) The replacement value of the goods, being the maximum amount the Vendor will receive should there be a partial/full deduction from the rental deposit.
3.4 Vendors may change the rental price at any time, however the amendment in price will not apply to Goods currently hired under a Rental Agreement.
3.5 We will collect the rental payment and pass payment on to the Vendor, less fees as described in paragraph [5] below.
3.6 TBC
3.7 By placing Goods on the Site for rental, the Vendor represents that:
(i) the Vendor is the owner of the Goods with clear title or that the Vendor has the authority of the owner of the Goods to advertise the goods for title;
(ii) the Goods are available to be hired;
(iii) the Goods are accurately described are authentic, and are not a replica or reproduction of an original;
(iv) the Goods are fully operational and function as intended;
(v) the Vendor has the copyright to any images uploaded to the Site or has the authority of the copyright owner to upload any images to the Site;
(vi) TBC
(vii) the Vendor has read, understands and agrees to be bound by the terms of the Rental Agreement provided on the Site.
3.8 Items can only be removed from the Site by sending an email request to contact@quipr.com.au
3.9 Vendors will be provided with a copy of a Renter’s identification. Vendors acknowledge that the identification is provided to them for the sole purpose of verifying the identity of a Renter prior to transferring the Goods.
3.10 Vendors agree to safely destroy all copies (electronic or physical) of a Renters’ identification once the transaction is complete.
3.11 Vendors agree not to use the identification and the information contained within it for any other purpose than that stated in [3.9] above and indemnify Quipr for all costs of any claim made against it for a breach of this term by the Vendor.

4. Renter’s terms of use
4.1 Goods may only be rented to persons over the age of 18 years old.
4.2 In order to rent from the Site Renters must upload photo identification that shows the Renters’ current name and address.
4.3 By opening an account and uploading photo identification the Renter represents and provides a warranty that the information provided is true and correct, and the photo identification belongs to the Renter and contains up to date information. The Renter agrees to indemnify Quipr for any loss, damage or claim that is made against or suffered by Quipr arising from a breach of this term by the Renter.
4.4 Renters agree to a full background check of their identify and residential addresses (both current and previous) by us and a third party verification provider.
4.5 The agrees that the renters ID and personal information submitted on the Site will be made available to a third party ID verification solution provider for the sole purpose of verifying the renters identity and residential address(es).
4.6 Renters consent that their photo identification will be made available to a Vendor that they wish to hire Goods from. Renters provide the Vendor with permission to print a copy of the Renter’s photo identification and to retain a copy of the photo identification for the sole purpose of verifying the identity of the Renter prior to transferring the Goods
4.7 The Renter agrees that by making payment for the rented item through the site checkout process that:
(i) the Renter has read, understands and agrees to be bound by the terms of the Rental Agreement provided on the Site.
4.8 Renters must contact the Vendor through the Site to arrange a collection time.
4.9 If the Renter discovers that an item is a replica or not the same as described on the Site and can prove this to the satisfaction of Quipr then Quipr will refund the rental costs in full to the Renter.
5.0 Renters agree to pay a full deposit on all items rented on the site.
5.1 Deposits paid are fully refunded following the rental period on condition:
(i) that the goods have been returned within the rental period and
(ii) the goods are in the same condition as when the goods were first collected from the owner

5. Prices and Payment
5.1 Rental prices are set by the Vendor and are charged on number of days hired.
5.2 If required to do so, renters agree to pay a bond as security for the duration of the rental.
5.3 Renters are required to make payment in full, upfront by way of electronic funds transfer of credit card through PayPal available on the Site.
5.4 Payments are held by Quipr until the rental period has been finalised and the Goods returned to the Vendor. Quipr will pay the Vendor within 3 days of completion of the rental transaction.
5.5 Vendors will be paid rental amounts received less the following costs:
(i) Quipr fee of 15% of the Rental price.
5.6 Hire Periods cannot be extended. The Renter will be required to apply for a new rental through the Site.

6. License to You.
6.1 This Site and its content is provided to you through this license. The Owner retains all ownership and proprietary rights in the Site and its content. The Owner hereby grants you the non-exclusive, non-transferable, limited right to use the Site for the prescribed use. The prescribed use is to provide a directory service to connect people who wish to hire goods, with a person wishing to hire their goods out. This license commences upon your acceptance of this agreement and continues until termination by the Owner or you. The Owner has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.
6.2 This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Site Content other than for the prescribed use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

7. Your License to the Owner.
7.1 By posting, submitting or otherwise publishing any material to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.

8. Your obligations.
The Owner does not verify the information provided to it by Users other than verifying the identify and address of users who wish to rent from the site. By registering with the Site you agree not to provide false or misleading information through the Site and you agree to indemnify the Owner for any claim arising from your conduct through the Site. By using the Site you represent that you are validly renting out the goods as described by you, or that you are validly wanting to rent the goods displayed on the Site. The Owner does not guarantee the performance of the contract by either party.

9. Conditions of use.
Users agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.

You agree that you will not upload or provide content on the Site which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;

You also agree that you will not :
(f) Use technology or other means that is not authorised by the Owner to access the Site;
(g) Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
(i) Gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or
(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.

10. Limitations on Linking.
You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your Sites by the Owner, which does not exist.

11. The Owner’s Obligations.
The Owner reserves the right to make changes to the Site, its operation and application at any time without prior notice. The Owner may engage a third party to provide technical assistance with the Site. The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

12. Cancellation and suspension of account
12.1 The Owner may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
12.2 You may cancel your account on the Site by emailing contact@quipr.com.au and requesting your account be cancelled.

13. Third party links.
At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third parties terms and conditions and privacy obligations. The Owner does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by the Owner. The Owner uses a linked third party payment provider and the Owner does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.

14. Warranties and Indemnities.
14.1 The Owner does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference. The Owner does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.
14.2 You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement.
14.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.4 The information on this web site is provided on an “as is” basis.
14.5 The Owner does not guarantee and makes no warranties as to the accuracy of the contents of the Site provided by third parties and to the extent allowed by law excludes all liability arising out of content provided by third parties.
14.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15. Availability
The services featured on this website are only available within Australia. All advertising is intended solely for the Australian market.

16. Web browser cookies
As with most websites, we may use “cookies” to enhance User experience. Cookies do not cause damage or harm your system and are used to assist Users with our site. Users may choose to alter personal web browser settings so as to refuse cookies, or to provide alerts when cookies are being sent. However, if cookies are blocked some parts of the site may not function properly.

17. Analytics
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

18. Intellectual Property Rights
The Owner retains all copyright and ownership rights over all intellectual property (registered or unregistered) available on this site, and its content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.

19. Breaches of these terms and conditions
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. Governing Law
This agreement is governed by the laws of Victoria and Australia.