Kindershare –Terms and Conditions
Kindershare –Terms and Conditions
These terms and conditions apply when you access or use our Platform or use our Service (these Terms). When you use our Platform or the Rental Services, you agree to be bound by these Terms.
1 The Rental Services
(a) Kindershare operates an online marketplace that allows an Owner of Children’s Equipment to rent out that equipment to a Renter via the Platform.
(b) These Terms govern your use of the Rental Services, including your access to and use of the Platform.
(c) By using the Rental Services and the Platform, you agree to these Terms. If you do not agree to the Terms, you may not use the Platform.
(d) You may only use the Rental Services and the Platform if you are 18 years or over.
2 Registration
(a) You may access our Platform by using our Website, or downloading our app from the Apple App Store or Google Play for Android, if and when available.
(b) To use the Services, you need to register as a user and open an account (including setting up an identification name and password) and agree to certain terms and conditions. You may register with us directly, or using a third-party authentication service, once available.
(c) When registering as a user of the Platform, you must:
(i) provide us with accurate, complete and up-to-date registration information; and
(ii) inform us of any changes to your registration information.
(d) When registering as a user of the Platform, you must not:
(i) register as a user multiple times or more than once using a different email address; or
(ii) impersonate or create a user registration for any person other than yourself.
(e) As a registered user of the Platform, you must:
(i) take reasonable steps to ensure the security and confidentiality of your user registration details, including any username and/or password that you select;
(ii) notify us immediately if you become aware of any unauthorised use of your account;
(iii) change your password or any other registration information if we ask you to do so; and
(iv) not permit your user details to be used by or transferred to any other person.
(f) You are entirely responsible for all activities which occur under your user details because of your failure to keep your registration information secure and confidential (including unauthorised rentals or transfers).
3.1 Owner terms govern your renting out of Children’s Equipment
This clause 3 (the Owner Terms) set out the legal terms between us and each Owner in relation the renting out of Children’s Equipment by the Owner via the Platform.
3.2 Appointment of Agent
The Owner appoints us as the Owner's exclusive agent to undertake the following activities on behalf of the Owner via the Platform:
(a) to market the Children’s Equipment on the Platform;
(b) to provide/facilitate the Rental Services; and
(c) to facilitate a Direct Pick Up/Drop Off in relation to the Children’s Equipment.
3.3 Renting out of Children’s Equipment
(a) To enable the rental of the Children’s Equipment, the Owner must list the Children’s Equipment on the Platform, including the detail, make and model of the Children’s Equipment, photographs and any other relevant details.
(b) The Owner must ensure that it accurately described the Children’s Equipment and will not present an undue safety risk to the Renter (or any other person).
(c) By submitting or posting Children’s Equipment for rent on our Website, the Owner represents and warrant that you:
(i) are the owner of that Children’s Equipment or have the explicit consent of the owner to rent it out;
(ii) you are not aware of the Children’s Equipment being subject to a ban or a product recall, after having made reasonable inquiries with Product Safety Australia and Product Safety Recalls;
(iii) have purchased the Children’s Equipment in Australia, or that the equipment is otherwise compliant with Australian standards;
(iv) the information you have provided in relation to any Children’s Equipment to rent out is accurate, genuine and not misleading or deceptive; and
(v) are not infringing the Intellectual Property Rights of any person when posting photos or other details of the relevant equipment.
(d) You also understand that:
(i) we do not review Children’s Equipment posted on our Platform;and
(ii) we do not endorse or guarantee the accuracy of any listing and associated information that may be posted on our Platform.
(iii) we not guarantee that you will be able to find Renters of your Children’s Equipment via the Platform, or make revenue from that Children’s Equipment.
(e) The Owner may rent out the Children’s Equipment via the Platform for any period it considers appropriate, provided it is not less than 1 day.
(f) The Owner has the option to rent out the Children’s Equipment to the Renter by accepting a rental request through the Platform and completing the Rental Services. The Owner will be able to determine:
(i) the price and duration of the rental; and
(ii) to whom the Owner will rent the Children’s Equipment.
3.4 Our role and responsibilities
(a) We will for the period your Children’s Equipment is listed for rent on the Platform:
(i) list and promote the Children’s Equipment on the Platform for rent, without any charge or commission to you; and
(ii) administer, as agent of the Owner, the Rental Services;
(b) We will, via the Platform, as your agent, facilitate the payment of your proportion of the Rental Charges to the Owner, after deducting the Kindershare fee and applicable taxes (if any). We will also hold the Bond on trust for the Owner.
(c) We are not liable to the Owner for:
(i) the condition of the Children’s Equipment;
(ii) any loss, damage or theft of the Children’s Equipment when in the possession of the Renter, or loss or theft of any other items used in connection with the Children’s Equipment, except that the Owner will be eligible:
(A) to receive the Bond in the case of loss, damage or theft;
(B) to the extent that the Bond is not sufficient to cover your loss, to claim under Our Insurance Policy for the relevant theft, loss or damage;
(iii) any claims made by the Renter against the Owner in connection with the rental of the Children’s Equipment;
(iv) any incidental expenses incurred by the Owner in connection with rental of the Children’s Equipment;
(v) any failure by the Renter to comply with the Renter Terms; or
(vi) any failure by the Owner to comply with these Terms.
3.5 Handover of Children’s Equipment and payment
(a) The Owner must, through the Platform, confirm with the Renter arrangements for the handover of the Children’s Equipment via Direct Pick Up/Drop Off.
(b) You acknowledge that, other than facilitating a Direct Pick Up/Drop Off between an Owner and a Renter, we are not responsible, or involved in the provision of, a Direct Pick Up/Drop Off.
(c) Prior to the handover of the Children’s Equipment, the Owner must ensure that:
(i) the Children’s Equipment is clean, in working condition and fit for the purpose for which it is designed; and
(ii) all personal belongings are removed from the Children’s Equipment (and if such belongings are not removed, then these are at the risk of the Owner).
(d) The Owner must handover the Children’s Equipment at the time and date agreed with the Renter as part of a Direct Pickup/Drop Off.
(e) At the handover of the Children’s Equipment to the Renter:
(i) the Owner must confirm to the Renter any pre-existing damage or issue with the Children’ Equipment;
(ii) the Owner must use reasonable efforts to show the Renter how the use the Children’s Equipment (if relevant) and to answer any reasonable queries from the Renter;
(iii) the Renter will provide a code to the Owner, which the Owner will then need to enter the code via the Platform to receive the Owner’s proportion of the Rental Charges.
(f) We will facilitate the payment of the following to the Owner on behalf of the Renter for each item of Children’s Equipment being rented out via the Platform (as shown on the Platform at the time of transaction):
(i) the Owner’s proportion of the Rental Charges (after we deduct the Kindershare Fee); and
(ii) any delivery fees charged by the Owner for Direct Pick Up/Drop Off.
(g) We will hold the Bond paid by the Renter, on your behalf, on trust.
(i) You acknowledge that, as you have received payment of the Rental Charges following handover of the Children’s Equipment to the Renter, you cannot cancel the rental before the end of the Rental Period.
3.6 Return of Children’s Equipment
(a) At the time of return of the Children’s Equipment, the Owner must inspect the Children’s Equipment and check that:
(i) the Children’s Equipment (including any provided accessories) is returned to the Owner in the same condition as it was at the beginning of the Rental Period, save for any reasonable wear and tear and any pre-existing damage or issue with the Children’s Equipment identified previously at the time of initial Pick Up/Drop off; and
(ii) the Children’s Equipment has been cleaned prior to return to the Owner.
(d) If the Children’s Equipment is not returned at the time and date agreed between the Owner and the Renter (or any subsequent arrangements that may be agreed), the Owner may report the Children’s Equipment as stolen.
4.1 Renter terms govern your rental of Children’s Equipment
The terms in this clause 4 (the Renter Terms) set out the legal terms between us and each Renter in relation the rental of Children’s Equipment by the Renter via the Platform.
4.2 Your role and responsibilities
(a)You understand that:
(i) we do not review Children’s Equipment posted on our Platform; and
(ii) we do not endorse or guarantee the accuracy of any listing and associated information that may be posted on our Platform; and
(iii) we do not make any representation or guarantee in relation to the Children’s Equipment you rent via the Platform, including its suitability for your requirements.
(b) The Renter (and any person using the Children’s Equipment) must not:
(i) use the Children’s Equipment for any illegal purpose;
(ii) use the Children’s Equipment in a way, or to support an activity, for which it is not designed;
(iii) use the Children’s Equipment in an unsafe or dangerous manner, or in a manner that would present any undue risk to any person;
(iv) carry anything that would cause the Children’s Equipment to be overloaded;
(v) carry any hazardous, toxic or flammable materials in the Children’s Equipment;
(vi) use the Children’s Equipment in a manner that would breach road safety legislation or the criminal law;
(vii) sell, rent or dispose of the Children’s Equipment (or any accessories provided with such equipment) or register or attempt to register any interest in that equipment under the Personal Property Securities Act 2009; or
(viii) use the Children’s Equipment in a dangerous or reckless manner.
(c) The Renter (and any person using the Children’s Equipment) must:
(i) ensure that the Children’s Equipment is kept safe and secure, including when not in use;
(ii) keep the Children’s Equipment in a clean and safe working conditions;
(iii) use all reasonable efforts to avoid loss of, or damage to, the Children’s Equipment; and
(iv) immediately report any theft of, loss or damage to, the Children’s Equipment to the Owner and Kindershare.
(d) The Renter must return the Children’s Equipment to the Owner in the same condition as at the start of the Rental Period, save for reasonable wear and tear and any pre-existing damage or issues identified at the time of Direct Pickup/Drop Off. The Renter is responsible for all damage and any third-party loss that occurs during the Rental Period or that which arises from the Renter's use of the Children’s Equipment.
4.3 Your financial obligations
(a) The Renter must pay the following fees for each item of Children’s Equipment being rented via the Platform (as shown on the Platform at the time of transaction):
(i) the Rental Charges (from which will deduct the Kindershare Fee);
(ii) the Bond;
(iii) any applicable taxes (if any); and
(iv) any delivery fees applicable for Direct Pick Up/Drop Off provided by the Owner,
(together the Total Fee).
(b) The Rental Charges will be paid on behalf of the Renter, via the Platform, to the Owner, after deducting the Kindershare Fee.
(c) We will also hold the Bond on trust for the Owner, until:
(i) the Bond is returned to the Renter at the end of the Rental Period in accordance with clause 3.6(b) or 3.6(c); or
(ii) forfeited under clause 4.2(e)
(d) The Renter will not be able to acquire the Rental Services, or take possession of the Children’s Equipment, until full payment of the Total Fee.
4.4 Cancellation
(a) We may cancel the Rental Services without penalty to the Renter if the Children’s Equipment becomes unavailable or due to the actions or conduct of the Owner.
(b) We may also cancel the Rental Services if you commit a Material Default of these Terms.
4.5 Handover and return of Children’s Equipment
(a) The Renter must, through the Platform, confirm with the Owner arrangements for the handover of the Children’s Equipment via Direct Pick Up/Drop Off.
(b) You acknowledge that, other than facilitating a Direct Pick Up/Drop Off between an Owner and a Renter, we are not responsible, or involved in the provision of, a Direct Pick Up/Drop Off.
(c) At the handover of the Children’s Equipment, the Renter:
(ii) will receive a code via the Platform, which it must provide to the Owner to give effect to the Rental Services.
(d) We will facilitate the payment of the following to the Owner on behalf of the Renter for each item of Children’s Equipment being rented out via the Platform (as shown on the Platform at the time of transaction):
(e) The Renter is responsible for the Children’s Equipment during the Rental Period. Risk in the Children’s Equipment transfers to the Renter from the start of the Rental Period and back to the Owner from time of return of the Children’s Equipment.
(f) The Renter must ensure that the Children’s Equipment (including any provided accessories):
(i) is returned to the Owner in the same condition as at the start of the Rental Period, save for any reasonable wear and tear and any pre-existing damage or issue notified by the Renter under clause 4.5(c)(i);and
(ii) is cleaned prior to return to the Owner.
(g) The Renter is liable for any theft, loss or damage that occurs to the Children’s Equipment during the Rental Period, and any failure to return the Children’s Equipment at the end of the Rental Period. If theft, loss or damage occurs during the Rental Period, or the Renter fails to return the Children’s Equipment (without making any alternative arrangements with the Owner for the return), the Renter will forfeit the Bond. The Renter’s liability to Kindershare for the theft, loss or damage will be limited to forfeiture of the Bond.
(i) If the Renter returns the Children’s Equipment to the Owner before the end of the Rental Period, the Renter will not be entitled to any refund or adjustment of the Total Fee.
(j) The Renter acknowledges that if the Children’s Equipment is not returned at the time and date agreed between the Owner and the Renter, the Owner may report the Children’s Equipment as stolen and that the Renter will forfeit the Bond.
5 Insurance
(a) This clause 5 does not apply until we notify you that we have put appropriate insurances in place, or we otherwise remove this clause 4(a) from these Terms.
(b) We will provide each Owner with automatic damage cover as a nominated party on Our Insurance Policy.
(c) Our Insurance Policy provides the Owner with cover for damage to the Children’s Equipment, its theft and third party loss that occurs during the Rental Period. However, it does not provide the Owner with cover for other claims, including for personal injury or death.
(d) The Owner’s coverage under Our Insurance Policy is subject to, and conditional upon, compliance with the terms and conditions of that policy.
(e) Any insurance pay-out under Our Insurance Policy will be on the basis of the market value of the Children’s Equipment less the amount of the Bond paid to the Owner, as determined by our insurer.
(f) The Owner’s ability to rely on Our Insurance Policy is subject to compliance with these Terms by the Owner and any reasonable directions given by us.
(g) If the Children’s Equipment is damaged or stolen:
(i) the Renter must immediately notify the Owner and Kindershare, and co-operate with, and comply with any reasonable directions given by, Kindershare or its insurer;
(ii) Kindershare will notify the Insurer and seek to make or facilitate a claim under Our Insurance Policy;
(iii) the Owner authorises Kindershare, as its agent, to and do all things necessary to:
(A) ensure that the cover for the Children’s Equipment under Our Insurance Policy is valid and enforceable; and
(B) create and complete all necessary forms required to give full effect to the cover for the Children’s Equipment provided by Our Insurance Policy;
(iv) Kindershare may cancel the Rental Services in relation to that item of Children’s Equipment and these Terms, in which case these Terms will be deemed to have been terminated by mutual consent without any liability of Kindershare or the Owner; and
(v) the Renter will forfeit the Bond and will not be entitled to a refund of the Rental Fees.
6 Cancellation
(a) We may terminate these Terms, including your use of the Rental Services and the Platform, if you commit a Material Breach of these Terms.
(b) We will notify you of the Material Breach and if you don’t remedy that breach within any reasonable period that we specify, we may terminate these Terms and any Rental Services with immediate effect by giving you written notice.
7 Fees and payment processing
(a) Payment pre-requisite to rental: If you are a Renter, you will not be able to rent the Children’s Equipment unless you pay the Total Fee. If you fail to pay the Total Fee, we may restrict or prevent your access to any part of the Services that are otherwise provided until you pay the required Fee.
(b) Applicable taxes: Each component of the Total Fee will be subject to any applicable taxes, if required by law.
(d) Stripe terms: Payment processing services on Kindershare 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 agreeing to these Terms or continuing to hold an account on Kindershare, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, you agree to provide Kindershare accurate and complete information about you and your business, and you authorize Kindershare to share it and transaction information related to your use of the payment processing services provided by Stripe.
(e) Free / trial services: We may issue promo codes that provide you with the option to use the Rental Services without being charged, or receiving a discount on, the Kindershare fee (Promotional Discount).We will specify the terms and conditions of any Promotional Discount, including any eligibility criteria and process for submitting a claim.
8.1 Ownership of Platform
(a) We are the sole owner of the Platform. Except as expressly provided otherwise in these Terms, you do not have any right, title or interest in or right of use of the Platform or any Content on the Platform.
(b) The Platform contains Content that is protected by our Intellectual Property Rights and those belonging to third parties. We are the owners of these Intellectual Property Rights or have a right to use these Intellectual Property Rights from those third parties. Subject to your compliance with these Terms, we grant to you a revocable, non-exclusive, non-assignable and non-transferable licence to access the Content on your device for the sole purpose of using the Services for your personal use.
8.2 Platform not free from faults, etc.
We cannot guarantee that our Platform is free from faults or interruptions. Your access to the Platform may be suspended without notice due to faults or interruptions, maintenance or for any reason beyond our control or simply because we wish to do so.
8.3 Changes to Platform
We may update, improve, change or discontinue any functionality, feature or service on the Platform at any time.
8.4 Your use of the Platform
(a) You must comply with these Terms as a condition of your access to the Platform and use of our Services.
(b) You are solely responsible for your use of the Platform and any actions you take or decisions you make as part of your use of the Services.
(c) While we will use reasonable endeavours to ensure that the Platform is always available, safe and secure, you acknowledge and agree that:
(i) transmissions on the internet may never be completely private or secure and you understand that any message or information you send to or download from the Platform may be read or intercepted by others;
(ii) we are not responsible for, and accept no liability in relation to, the conduct of any other user of the Platform;
(iii) we cannot ensure that any images, files or other data you download, share or obtain from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features;
(iv) the Platform and its Content is delivered on an “as-is” and “as-available” basis;
(v) we cannot guarantee that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits and we will not be liable for the same; and
(vi) other than as provided in these Terms, your sole remedy against us for dissatisfaction with the Platform or any Content is to stop using the Platform.
(d) You must not:
(i) use the Platform in breach of any applicable laws or regulations;
(ii) use the Platform (or Content obtained from the Platform):
(A) to transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, “spamming” or other untargeted, unwanted or repetitive content, other than to share links to the Children’s Equipment you plan to make available through the Platform (and associated information, such as reviews);
(B) to impersonate any person or entity;
(C) to solicit money, passwords or personal information from any person; or
(D) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
(iii) use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that, in our opinion:
(A) in any way infringes (or could reasonably be expected to infringe) our Intellectual Property Rights or other rights, or those of another person;
(B) contains, promotes or provides information about unlawful activities or conduct;
(C) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, vulgar, profane or otherwise unlawful, including Material that racially or religiously vilifies, contains cruelty or abuse (including to animals), incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(D) exploits another person in any manner;
(E) includes an image or personal information of another person or persons unless you have their consent;
(F) poses or creates a privacy or security risk to any person;
(G) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or d deceptive;
(H) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(I) advertises, promotes or solicits any goods or services or commercial activities, other than those that relate to the purpose of the Platform;
(J) interferes with, or disrupts the Platform or any systems, or networks connected to the Platform; or
(K) uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform or any Content on it;
(iv) copy, store, alter, reproduce, republish, upload, post, display, transmit or distribute any part of the Platform or Content to any other device, server, website or other medium for publication or any commercial enterprise or use;
(v) use code or other devices containing any reference to the Platform to direct other persons to any other web page;
(vi) attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
(vii) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
(viii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform; or
(ix) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so.
(e) We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Platform, including if we believe you:
(i) are abusing the use of the Platform in any way;
(ii) have breached these Terms; or
(iii) are no longer an active user of the Platform.
(f) If we suspend or terminate your use or access to all or any part of the Platform, we may:
(i) delete and/or remove or prevent further access to any or all of your information; and
(ii) refuse to allow you future access to the Platform or use of our Services.
(g) We may remove, take down, modify and/or remedy any reference, post, share or upload you make on our Platform if we consider that it breaches these Terms.
8.5 Third Party Links
(a) The Platform may feature or display links and pointers to websites, content and advertising owned and/or operated by third parties (Third Party Links).
(b) Third Party Links (if any) do not form part of the Platform and are not under our control. By featuring or displaying such Third Party Links we do not represent that we recommend or endorse the relevant third party, its products or services.
(c) We do not accept any responsibility in connection with any Third Party Links. If you access or engage with any such Third Party Links, you do so at your own risk.
9 Privacy
The Privacy Policy can be found on the Platform and applies to your use of the Platform and the Services. The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Platform.
10 Liability
(a) The Service is supplied only on the terms and conditions set out in these Terms, subject to non- excludable rights under consumer protection laws.
(b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws. However:
(i) we are not liable for any loss that is caused by you (e.g. through your negligence or breach of contract);
(ii) we are not liable for any loss that results from your failure to take reasonable steps to avoid or minimise your loss; and
(iii) we are not liable for any loss caused by us failing to comply with our obligations in relation to the Service where that is caused by events outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God);
(iv) we are not liable for
(A) alterations, modifications or variations to the Platform or Content, including any software or API updates that results in the Platform or its features becoming unstable or unusable;
(B) your inability to access the Platform or use the Services;
(C) any transaction or dealings with, or any acts or omissions of, transportation provider;
(D) damage or failure caused by unusual or non-recommended use or application of the Platform or Content
(v) the liability we accept to you under this clause includes liability for our agents according to the principles of vicarious liability at common law.
(c) You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (e.g. through our negligence or breach of contract). You agree to pay us, on demand, in respect of all damages, losses, costs and expenses (including legal costs) that we may incur because of your breach of these Terms.
(d) We will not be liable, and you will not be liable, for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you, us or any other person resulting from any act or omission by us.
(e) Consumer protections laws, including the Australian Consumer Law, confer rights that are not affected by these Terms. Nothing in these Terms exclude or affect any implied terms, guarantees or rights under those laws.
11 Contact us
(a) If you think that the Platform has been accessed or used by another user in breach of these Terms, please email us at help@kindershare.com
(b) We may provide notices to you in the form of notifications to your nominated email address or otherwise.
12 General
(a) Force Majeure: If a Force Majeure Event occurs and we are unable to offer the Rental Services or operate the Platform, we may:
(i) totally or partially suspend the Rental Services or the Platform for the duration of that event; and
(ii) elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in the circumstances.
(b) Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms.
(c) Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
(d) No waiver: No failure or delay by a party in exercising any power, right or remedy prevents that party’s right to subsequently enforce that provision. Any such failure or delay is not to be treated as a waiver.
(e) Amendments: We may change, vary or modify these Terms from time to time, in which case:
(i) we will post the new Terms on the Platform; and
(ii) they will apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform. However, for any previous or existing use of the Rental Services at the time of any change to these Terms, the Terms that applied at the relevant time will continue to apply to that previous or existing use of the Rental Services.
It is your responsibility to check these Terms periodically for changes. If you object to any variation to these Terms, your only remedy is to stop using the Platform.
(f) Governing law: These Terms shall be governed by the laws of the State of New South Wales.
13 Defined terms and interpretation
In these Terms:
(a) a reference to:
(i) “we”, “us”, “our” or “Kindershare” refers to Kindershare Pty Ltd (ACN 616 273 002); and
(ii) “you” or “your” means a user of the Platform.
(b) capitalised terms have the meaning below unless the context requires otherwise:
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork, location information and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Children’s Equipment means items and equipment that are principally designed or designated for use by babies, children or caregivers, or for the benefit or safety of babies, children or caregivers, or which are otherwise intended to be used for the entertainment, nourishment, nurturing, transportation or well- being of babies, children and caregivers, including:
(a) educational materials, entertainment apparatus, sporting equipment, sporting clothing, party e equipment, party decorations, toys and books;
(b) nursing, maternity and pregnancy related items;
(c) furniture, beds, chairs, tables, crockery, glassware, feeding equipment, food preparation items, floor coverings, furnishings, linen, marquees and items relating to hosting of events and parties;
(d) costumes, fancy dress, sport or other clothing, evening wear, fashion accessories, protective clothing or uniforms; and
(e) any other items reasonably connected or incidental to the above.
Direct Pickup/Drop Off means an arrangement, in connection with the Rental Services, facilitated via the Platform:
(a) for the Renter to pick up the Children’s Equipment from the Owner at the start of the Rental Period;
(b) for the Owner to drop off the Children’s Equipment to the Renter at the start of the Rental Period;
(c) for the Renter to drop off the Children’s Equipment to the Owner at the end of the Rental Period; or
(d) for the Owner to pick up the Children’s Equipment from the Renter at the end of the Rental Period.
Force Majeure Event means circumstances beyond our reasonable control.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Kindershare means Kindershare Pty Ltd (ACN 616 273 002).
Kindershare fee means a fee of 13% of the Rental Charges, deducted from the total amount of Rental Charges payable by the Renter to the Owner for each item Children’s Equipment. Where the fee is waived or discounted by Kindershare as part of an offer or promotion, then the percentage will be as advised by us as part of that offer or promotion.
Material Breach means a material breach of the Terms, including a breach of clauses 2.1(e), 3, 4, 7(c), 7(d) and 8.
Our Insurance Policy means [x].
Owner means a user of the Platform that has agreed to rent-out Children’s Equipment to a Renter via the Platform.
Owner Terms means clause 3 of these Terms, which apply to Owners that use our Platform.
Platform means the online platform operated by us and which facilitates the sharing and rental of Children’s Equipment between Owners and Renters via the Website and any other related systems and interfaces.
Privacy Policy means the privacy policy on our Website, as amended from time to time.
Rental Charges means the amount of money payable by the Renter to the Owner for each item Children’s Equipment rented out, via the Platform. For clarity, the Rental Charges exclude the Kindershare fee and any applicable taxes, which shall be deducted from this amount.
Rental Period has the meaning given to it in clause 3.5(f).
Rental Services means the means online marketplace we provide, via the Platform, that enables Owners to rent-out Children’s Equipment to Renters.
Renter means a user of the Platform that has agreed to rent Children’s Equipment from an Owner via the Platform.
Renter Terms means clause 4 of these Terms, which apply to Renters that use our Platform.
Terms means these terms and conditions of access to, and use of, the Platform.
Total Fee means the following fees payable by the Renter:
(a) the Rental Charges (from which we will deduct the Kindershare fee);
(b) any applicable taxes;
(c) the Bond; and
(d) any delivery fees for Direct Pick Up/Drop Off by the Owner.
Website means our website at www.Kindershare.com or www.Kindershare.co and any Content on those sites.