RENTAL AND RESALE TERMS AND CONDITIONS

RENTAL:

Agreement
1. These Terms and Conditions, together with our Privacy Policy, apply to your use of the Rntr. Pty Ltd, trading as Rntr. (“we”, “our” “us” or “Rntr.”) website located at www.getrntr.com (“Site”).
2. By browsing or using the Site, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.
Interpretation
1. In this Agreement:

“Agreement” has the meaning in clause 1.2;

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act

2010 (Cth);

“Business Day” means 9:00 am – 5:00 pm Monday to Friday, excluding Saturdays, Sundays and public holidays in New South Wales, Australia;

“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;

“Delivery Cost” means the reasonable costs associated with the delivery and return within Australia of the Order and not including insurance costs, import and export taxes and duties;

“Hirer” means any individual located within Australia, listed on the purchase invoice or sales document, and accepted by us who places an Order and includes anyone acting on their behalf or with their express or implied authority;

“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, domain names, trade secrets and confidential information;

“Item” means any clothing, accessories, apparel or other fashion item lent to Coclo from time to time;

“Item Marketing” means content creation and publication, curation, styling, photographing, copy writing, website, digital, TV or print publication and other activity in relation to the marketing and advertising of, the Items, Collections or the Coclo business;

“Lender” means any individual or organisation located within Australia who has been accepted by us to lend us their Items;

“Lender Period” means the period of time for which the Lender loans its Items to us;

“Lender Agreement” means the written statement emailed by us to the Lender after receiving their Items to our Premises, confirming the Items we choose to accept (if any), the Items we choose to return to the Lender (if any), Item details and Item Value(s). If the Lender does not respond to the Lender Agreement within 3 business days it is deemed they have accepted the details including the Item details and Item Values set out in the Lender Agreement;

“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;

“Order” means an order placed by a Hirer to rent a Collection, on or via, the Site, for the Borrowing Period. The term includes, where applicable, the delivery associated with the return of a collection of Items to its Lender at the completion of the Lender Period;

“Privacy Policy” means our privacy policy available at Privacy Policy ;

“Premises” means our physical location at 63-85 Victoria Street, Beaconsfield NSW 2015;

“Collection” means a collection of Items listed or advertised on the Site for rent or otherwise;

“Services” means the services listed or advertised on the Site for rent or otherwise, and includes the service we provide to Lenders in facilitating the renting out their Items, and to Hirers for renting out Collections;

“Site” has the meaning in clause 1.1;

“you" or "your" means the person or entity accessing, using or relying upon the Site and includes, as applicable, a Hirer and a Lender; and

“Site User” means any person or entity accessing or using the Site and includes the Hirer and Lender as applicable.

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

Site Use
1. To place an Order or otherwise engage the Services listed or advertised on the Site, you must become a member of the Site. To become a member of the Site you must register a membership account with us (“Account”) by providing your name, address, telephone number, a valid email address, valid credit card details and nominating a password (Password”). Registration is free. If you do not provide accurate and complete details we may not be able to activate your membership, accept or deliver Orders or provide the Services to you. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Site or by contacting us at hello@getrntr.com.
2. You will receive an email confirming registration with us shortly after you have created your Account via the Site.
3. You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.
4. You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
5. You agree that you have sole responsibility for any activity that occurs on or through using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
6. We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
7. The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
8. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
9. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
10. You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
Legal Capacity
1. You must be eighteen (18) years of age or over to register as a member of the Site or to place an Order or engage the Services on, or via, the Site. If you are under the age of 18 years (“Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with clause 4.3 of this Agreement. If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order or use of Services made on, or via, the Site.
2. Any Order or Services engaged by you using this Site and your continued use of the Site is an acknowledgement by you that:
  1. you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account; and
  2. you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
3. If you are a parent or guardian permitting a Minor to create an Account, you agree to:
  1. exercise supervision over the Minor's use of the Site;
  2. assume all risks associated with use of the Site as outlined in this Agreement;
  3. ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
  4. assume all liabilities resulting from the Minor's use of our website and their Account;
  5. ensure the accuracy and truthfulness of all information submitted by the Minor; and
  6. provide the consents contained in this Agreement on behalf of the Minor.
4. We may, at any time, request written confirmation from a parent or guardian that a Minor has permission to access and use this Site.
5. We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.
Lenders
1. Lender Commission
  1. A Lender who complies with the Agreement will earn an amount of up to 80% of the Borrowing Fee per Order of their Items, after the costs of insurance, Delivery, cleaning and administration have been deducted (“Lender Commission”).
  2. You will not earn Lender Commissions if your Items are not Ordered.
  3. Lender Commissions will be distributed monthly via Stripe.
2. Lost or Significantly Damaged Items
  1. We will agree collectively with you and record in the Lender Agreement, the value of each Item at the start of the Lender Period (“Item Value”).
  2. If any Item is lost or returned to you with significant damage, we will reimburse you for the full Item Value.
3. Lender Period
  1. The minimum term of the Lender Period is six months from the date which the Lenders Items are delivered to our Premises (“Initial Period”).
  2. Subject to clause 5.3(f), a Lender may request the termination of the Lender Period by giving two weeks written notice to us at hello@getrntr.com (“Termination Notice”) subject to clause 5.3(c).
  3. If you give Termination Notice during the Initial Period, your Account will be charged a AUD $3000 compensation fee in acknowledgement of the resources we have invested in the Item Marketing of your Items.
  4. Rntr. may terminate the Lender Period at any time on four weeks written notice you sent to the email address linked to your Account.
  5. Upon receipt of a Termination Notice we will not accept any further Orders for your Items.
  6. The Lender Period shall not terminate until all confirmed Orders involving your Items up until the date of the Termination Notice have been completed.
  7. After the completion of any Orders referred to in 5.3(f), we will return your Items to you within 15 Business Days.
4. Exclusive Right
  1. During the Lender Period, you acknowledge we have the exclusive right to Item Marketing and to engage in any commercial activity related to the Items.
Hirers
1. Cancelled Orders
  1. Hirers are permitted to cancel their Order for up to 12 hours prior to the Order being dispatched from our Premises.
  2. Hirers are permitted to receive a refund of the Borrowing Fee or Rntr. credit to the value of the Borrowing Fee to their Account if the cancelled Order is returned:
    1. within seven days of being dispatched from our Premises;
    2. with its receipt;
    3. in its supplied return packaging;
    4. with all tags attached; and
    5. with all Items in the same condition as when the Order was dispatched to the Hirer.
2. Exchange
  1. If more than half of the Items in the Order do not fit, you must give us written notice to hello@getrntr.com within two days of receiving the Order.
  2. If notice is provided in accordance with clause 6.2(a), we will arrange with you for you to return the Collection in a re-rentable condition, with all Item tags attached, to our Premises in exchange for your choice of:
    1. a refund of the Borrowing Fee;
    2. Rntr. credit to the value of the Borrowing Fee to your Account; or
    3. another Order of an available Collection of your choice.
3. Sending Back/ Returning Collections
  1. Collections must be delivered to our Premises in the return package supplied by us and in accordance with the supplied return instructions.
4. Damage, Insurance and Cleaning
  1. The Hirer is responsible for damage to any Item which may occur for any reason including as a result of:
    1. damage through use; and
    2. attempts to clean an Item in any way.
  2. An insurance fee is included in the Borrower Fee which covers up to (and does not exceed) $100 of minor marks and damage as reasonably determined by us.
  3. If any Item is damaged beyond the $100 insurance fee or not returned, you authorise us to charge the credit card linked to your Account the total Item Value.
  4. The Hirer is to comply with the instruction provided by Rntr. in order to protect the Item from any damage.
5. Late Fees
  1. The Collection in your Order is hired by you for five weeks (“Hire Period”).
  2. Subject to clause (c), if the Collection or any Item from the Collection are not returned to our Premises by the end of the Hire Period, you authorise us to charge a late fee to the credit card linked to your Account at a rate of $30 per day following the Hire Period up to and including the day the Items are returned to our Premises (“Late Fee”).
  3. The Late Fee will not exceed the combined Item Values of the Items subject to the Late Fee.
6. Extending the Hire Period
  1. At least seven days before the Hire Period ends, you may request an extension of the Hire Period in writing to us detailing the length of the requested extension to hello@getrntr..com.
  2. If you provide the notice in clause (a), we may (in our sole discretion), extend the Hire Period. We reserve the right to decline an extension request.
  3. If we extend the Hire Period, the credit card linked to your Account will be charged $30 per week for the extended period.
Repairs, Refunds and Returns
1. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
2. To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Order or Services again or payment of the cost of having the Order or Services supplied again.
3. To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Orders made by you on, or via, the Site where:
  1. The Items are damaged through misuse, accident or abnormal use; or
  2. the Australian Consumer Law or any manufacturer’s warranty does not apply.
4. Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
5. If an Item is damaged, incorrect or faulty, you should contact us as soon as possible at hello@getrntr.com to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Items to us.
6. You accept liability for the loss, theft or damage of Items during transit.
7. It is the Site User’s responsibility to ensure that Collections are delivered to our Premises safely.
8. Where you are returning Items to us because of our failure to comply with a Consumer Guarantee, Items will be returned to us will be at our cost. Refunds may take up to ten Business Days to be processed.
9. If you are returning Order due to a fault or defect under a Consumer Guarantee, you may return the Order without its original packaging.
10. If order is made through special promotion or competition, the prize is not eligible for a refund of cash. Any prizes or special promotion offers are eligible for an exchange of the same or lesser value as the original prize, or for store credit of the same value as the prize/ special promotion.
Pricing
1. All prices listed on the Site are in Australian Dollars and include GST (unless otherwise specified).
2. The price to rent a Collection includes Delivery Costs (“Borrowing Fee”).
3. All Borrowing Fees displayed on the Site are subject to change without notice. The Borrowing Fee is fixed once your Order has been confirmed. Subsequent Borrowing Fee changes either up or down will not be retroactively applied to confirmed Orders.
4. Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.
5. To the maximum extent permitted by law, we reserve the right to refuse an Order or Services to any Site User.
Item Specifications
1. Although we endeavour to provide accurate and complete information on the Items and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.
2. Unless otherwise stated, any accessories, decorations or furnishings shown in images of Items or Services on the Site are not included.
3. All weights, heights and other measurements listed on the Item specifications are provided for reference and are approximate only.
Orders
1. You may place an Order by completing the Order form on the Site and clicking the "confirm" button. Orders are subject to the availability of Items requested.
2. An Order is not accepted and legally binding on us until we confirm by email (to your nominated email address as listed in your Account) that:
  1. Payment of the Borrowing Fee has been received for the Order;
  2. the Items/Collection and/or Services are available; and
  3. the Order has been processed.
3. To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, unless as otherwise outlined in clause 6.1.
4. We operate an online business and we will communicate with Site Users who make an enquiry primarily via email. It is the Site User’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.
5. Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).
6. We reserve the right, at our absolute discretion, to:
  1. refuse to fulfil or to cancel Orders from Site Users that request commercial quantities of Items or Services; or
  2. cancel your Order at any time prior to dispatch of the Order, or the provision of the Services, to you.
7. If an Order has been cancelled, refused or cannot be met due to unavailability of Items and/or Services, the Borrowing Fee paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
8. We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused by our internet connections or our computer systems.
9. We do not guarantee the availability of any Items or Services displayed or ordered on, or via, the Site.
Payment
1. You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
2. If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within seven days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
3. Payment processing services for Orders and/or Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
Delivery and Ownership of Items
1. We will use reasonable endeavours to ensure that all Orders are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
2. We will not deliver Orders to PO Box addresses, post restante addresses or addresses outside of Australia (unless otherwise agreed by us in writing). We reserve the right to refuse shipping to remote or rural locations.
3. Delivery Costs will vary depending on the Order you have made, the method of delivery, the location for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
4. The Borrowing Fee for Orders must be paid in full before delivery will be made.
5. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order.
6. We are not responsible for any misplaced parcels or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
7. If an Order is lost due to you providing an incorrect delivery address or insufficient details to identify the recipient, you will not be entitled to a refund of the Borrowing Fee and the credit card linked to your account will be charged the combined Item Values of the Items which were lost.
8. Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a redelivery fee for each subsequent delivery attempt.
9. You must ensure that any person who collects or takes delivery of the Order on your behalf is authorised by you to do so. Risk in the Items passes to the Site User on signing for delivery of the Order. Where a Site User gives written authority for an Order to be delivered without a signature:
  1. any and all included insurance cover (if any) will be voided;
  2. risk in the Order passes to the Site User on its delivery to your nominated delivery address and remains with the Hirer until it is delivered back to our premises; and
  3. title of the Items remains with their respective Lender and at no time passes to the Hirer.
10. The nominated courier will deliver the Order on a Business Day.
11. We are not responsible for the delivery times of the Order. Once an Order has been dispatched, it is the Site User's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery. Any information provided by us to a Site User in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.
Intellectual Property
1. You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
2. A Hirer may access and use the Site (including Intellectual Property Rights contained therein) for personal and non-commercial use only.
3. A Lender may access and use the Site (including Intellectual Property Rights contained therein) for personal or commercial purposes.
4. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
5. By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you:
  1. grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
  2. represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
6. We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.
7. You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
Linking to the Site
1. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link to the Site from any website that is not owned by you.
3. This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
Indemnity
1. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Items or Services.
Liability
1. To the maximum extent permitted by law, we exclude all:
  1. conditions, guarantees or warranties expressed or implied by law; and
  2. any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),

arising out of, or in connection with, access and/or use of the Material, the Site, or any Orders or Services ordered on, or via, the Site and this Agreement.

Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $1000. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, Borrowing Fee lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

Privacy
1. We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
General
1. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
2. Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
3. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
4. A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
5. This Agreement is governed by, and must be construed according to, the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

RESALE:

All Rntr. owned resale items are final sale which can be exchanged for another resale item or for Rntr. rental credit.