Terms of Use

Last updated: 26 October 2023

These terms and conditions apply when you use our Platform or the Rental Services (these Terms). You agree to be bound by these Terms.

1. The Rental Services

(a) Kindershare operates an online marketplace that allows an Owner to rent out Children’s Equipment to a Renter via the Platform.

(b) These Terms govern your use of the Rental Services and your use of the Platform. 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.

2. Registration

(a) You may access our Platform by using our Website.

(b) To use the Rental Services, you need to register as a user on our Website and agree to certain terms and conditions.

(i) provide us with accurate, complete and up-to-date registration information (and update that information from time to time, as needed );

(ii) provide your credit card or debit card details, which will be held by our third-party payment platform provider; and

(iii) not register as a user more than once using a different email address or impersonate or create a user registration for any person other than yourself.

(d) 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; and

(iii) change your password or any other registration information if we ask you to do so.

(e) You are 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. Owner terms

3.1 General

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. In this clause 3, references to “you” or “your” mean the Owner.

3.2 Renting out of Children’s Equipment

(a) To enable the rental of the Children’s Equipment, you 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) You 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).

(i) you own the Children’s Equipment or have the 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) you purchased the Children’s Equipment in Australia or that the equipment is otherwise compliant with Australian Standards;

(iv) the Children’s Equipment is not more than 7 years old, calculated from the date of purchase;

(v) the information you provided on the Website about the Children’s Equipment is accurate, genuine and not misleading or deceptive; and

(vi) you are not infringing the Intellectual Property Rights of any person when posting photos or other details of the Children’s Equipment.

(d) You also understand that we do not:

(i) review Children’s Equipment posted on the Platform, or endorse or guarantee the accuracy of any listing on the Platform; and

(ii) guarantee that an Owner will be able to find Renters for the Children’s Equipment via the Platform or make revenue from that Children’s Equipment.

(e) You may rent out the Children’s Equipment via the Platform for any period you consider appropriate, provided it is not less than 1 day.

(f) You have 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. You are free to determine:

(i) the price, dates and duration of the rental; and

(ii) to whom you will rent the Children’s Equipment.

(g) In addition, you may specify the cancellation policy that will apply to your rental, which may be either:

(i) a no refund policy, where no refunds are to be provided; or

(ii) a full refund policy, where a refund is allowed until the start date of the Rental Period.

(iii) Regardless of the cancellation policy you select, if a Covid-19 related travel restriction is in place (e.g. a border closure), the Renter will be entitled to cancel a rental without liability for the Rental Charges.

3.3 Our role and responsibilities

(a) We will:

(i) for the time the Children’s Equipment is listed for rent on the Platform promote the Children’s Equipment on the Platform for rent, without any charge or commission to you;

(ii) provide you with the Rental Services; and

(iii) facilitate communications between you and Renters in relation to the organisation of a Direct Pick Up/Drop Off in relation to the Children’s Equipment.

(b) We may also advertise links to the Children’s Equipment on third party websites to increase exposure and increase your opportunities to earn rental income from the Children’s Equipment. We may also use the photos of the Children’s Equipment you upload to the Platform to market and promote the Platform and the Rental Services.

(c) We will, via the Platform, facilitate the payment of the Rental Charges to you, after deducting the Kindershare Fee and applicable taxes (if any). We will also, for your benefit, place a hold on the Renter’s credit card or debit card for the Bond amount, if any, you have specified.

(d) Our liability to you for 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 associated with the Children’s Equipment, will be limited to:

(i) payment of the Bond (if applicable) to you in the case of loss, damage or theft; and

(ii) if the Bond is required by you and is set at 20% or higher than the replacement cost of the relevant item, reimbursement of 75% of the market value of a replacement item in the case of loss, damage or theft, reduced to take account of the pay-out of any Bond amount paid to you, as further explained in clause 5.

(e) Other than our liability to you under clause 3.3(c), we are not liable to you for:

(i) the condition of the Children’s Equipment before or after the Rental Period;

(ii) any claims made by the Renter against you in relation to the rental of the Children’s Equipment;

(iii) any incidental expenses incurred by the Owner in relation to the rental of the Children’s Equipment;

(iv) any failure by the Renter to comply with the Renter Terms; or

(v) any failure by you to comply with these Terms.

3.4 Handover of Children’s Equipment and payment

(a) You must, through the Platform, confirm with the Renter arrangements for the handover of the Children’s Equipment via Direct Pick Up/Drop Off. Other than facilitating the Direct Pick Up/Drop Off, we are not involved in that activity.

(b) Prior to the handover of the Children’s Equipment, you 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 your risk).

(c) You must handover the Children’s Equipment at the time and date agreed with the Renter as part of a Direct Pickup/Drop Off.

(d) At the handover of the Children’s Equipment to the Renter:

(i) you must confirm to the Renter any pre-existing damage or issue with the Children’s Equipment; and

(ii) you must use reasonable efforts to show the Renter how to use the Children’s Equipment (if relevant) and to answer any reasonable queries from the Renter.

(e) We will, for each item of Children’s Equipment being rented out via the Platform (as shown on the Platform at the time of transaction), pay you:

(i) your proportion of the Rental Charges (after deducting the Kindershare Fee); and

(ii) any delivery fees that you charge for Direct Pick Up/Drop Off.

(f) We will also hold any Bond that you may require from the Renter on your behalf and pay this out to you in the case of loss, damage or theft of the Children’s Equipment.

(g) The Rental Services commence from the time of handover of the Children’s Equipment and continue for the duration agreed, via the Platform, between you and the Renter (the Rental Period). Risk in the Children’s Equipment transfers to the Renter from the start of the Rental Period.

(h) 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.

3.5 Return of Children’s Equipment

(a) At the time of return of the Children’s Equipment, you must inspect the Children’s Equipment and check that the Children’s Equipment (including any provided accessories) is returned 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.

(b) You must notify us of any failure to return, or damage to, the Children’s Equipment within 24 hours of the end of the Rental Period (or any earlier return date). If you notify us of a failure to return, or damage to the Children’s Equipment within this period, we will investigate the matter, follow up with the Renter and seek the return of the Children’s Equipment, if possible. If we are unable to assist you in successfully recovering the item after taking these steps or the item is confirmed to be lost, damaged or destroyed, then we will pay out the Bond (if applicable) to you and you may also be eligible to make a claim under the Kindershare Guarantee.

(c) You understand that a failure to notify within this time will result in the return of any Bond to the Renter and may also disqualify you from receiving the Bond and making a claim under the Kindershare Guarantee.

(d) If the Children’s Equipment is returned before the end of the Rental Period, you must notify us of this fact so we can return any Bond (if applicable) to the Renter. You will not need to provide a refund of your proportion of the Rental Charges if the Children’s Equipment is returned early.

4. Renter terms

4.1 General

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. In this clause 4, references to “you” or “your” mean the Renter.

4.2 Your role and responsibilities

(a) You understand that we do not:

(i) review Children’s Equipment posted on our Platform, or endorse or guarantee the accuracy of any listing and associated information that may be posted on our Platform; and

(ii) make any representation or guarantee in relation to the Children’s Equipment you rent via the Platform, including its suitability for your requirements.

(b) You must not (and must ensure that any other person using the Children’s Equipment does not):

(i) use the Children’s Equipment for any illegal purpose, including in a manner that would breach road safety legislation or the criminal law;

(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, reckless or dangerous manner, or in a manner that would present any undue safety risk to any person;

(iv) carry anything that would cause the Children’s Equipment to be overloaded; or

(v) 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.

(i) ensure that the Children’s Equipment is kept safe and secure;

(ii) keep the Children’s Equipment in clean and in a proper working condition;

(iii) use all reasonable efforts to avoid theft or loss of, or damage to, the Children’s Equipment; and

(iv) immediately report any theft or loss of, or damage to, the Children’s Equipment to the Owner and Kindershare.

4.3 Cancellation

(a) You may cancel a rental via the Platform on or prior to the start date.

(b) If you cancel a rental:

(i) where the Owner has selected a full refund policy in respect of the rental item, then you will not be liable to pay the Rental Charges for the Rental Period; or

(ii) where the Owner has selected a no refunds policy, you will remain liable to pay the Rental Charges for the Rental Period.

(c) Notwithstanding clause 4.3(b), you may still cancel a rental without being liable for the Rental Charges if you become impacted by a Covid-19 related travel restriction (e.g. a border closure).

(d) In addition, 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.

4.4 Handover and return of Children’s Equipment

(a) You must, via the Platform, confirm with the Owner arrangements for the handover of the Children’s Equipment via Direct Pick Up/Drop Off. Other than facilitating the Direct Pick Up/Drop Off, we are not involved in that activity.

(b) At the initial handover of the Children’s Equipment, you must note any pre-existing damage or issue with the Children’s Equipment and provide us with details via the Platform within 24 hours of the time of Pick Up/Drop Off.

(c) If requested by the Owner, you will provide proof of your identity (e.g. a driver’s licence) and that you are the Renter.

(d) If you do not wish to proceed with the rental to the Children’s Equipment (e.g. due to pre-existing damage, etc.), you must notify our customer support team that you do not wish to proceed with the rental, in which case the Rental Services will be cancelled for that item.

(e) If you proceed with the rental of the Children’s Equipment, we will for each item of Children’s Equipment being rented via the Platform (as shown on the Platform at the time of transaction):

(i) charge your credit card or debit card:

(A) the Rental Charges (from which will deduct the Kindershare Fee before paying to the Owner);

(B) any delivery fees applicable for Direct Pick Up/Drop Off provided by the Owner; and

(ii) apply a hold on your credit or debit card for the Bond amount (if required by the Owner), which we will either:

(A) remove at the end of the Rental Period if there is no theft, loss or damage to the Children’s Equipment (after deducting any merchant and bank processing fees); or

(B) charge against your credit card or debit card if there is theft, loss or damage of the Children’s Equipment (plus any merchant or bank processing fees),

(together, the Total Fee).

(f) 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.

(g) You 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. You are responsible for all loss or damage and any third-party loss that occurs during the Rental Period.

(h) If there is any loss, damage or theft of the Children’s Equipment during the Rental Period, or a failure to return the Children’s Equipment at the end of the Rental Period, you agree that:

(i) you will forfeit the Bond, if applicable, and we will charge your credit card or debit card the amount of the Bond; and

(ii) if the Bond required by the Owner is set at 20% or higher than the replacement cost of the relevant item, we will also charge your credit card or debit card for 75% of the market value of a replacement item (deducted to take account of any Bond that you have forfeited). For example, if the replacement value of a pram that is lost is $1,000 and the Bond for that item was $200, then you would be charged $550, calculated as follows: ($1,000 * 0.75) - $200 = $550.

However, where it is reasonably possible replace the damaged part of an item rather than the entire item (e.g. where we can replace a damaged storage compartment on a pram, rather than the pram in its entirety), we will only charge you for the costs of the replacement item (plus delivery costs). If a Bond amount applies to the relevant item, we will deduct that amount from the Bond amount, if any, in the first instance before recovering the remaining cost from you. You acknowledge that:

(A) you have agreed to making this payment at the time of renting the relevant item;

(B) you have made the appropriate declaration via a tick box on the Platform at the time of the transaction; and

(C) your credit card or debit card details are held on file by our third-party payment platform provider for this purpose.

(i) Other than where there is theft, loss or damage to the Children’s Equipment notified by the Owner, or the Renter fails to return the Children’s Equipment at the end of the Rental Period, we will refund the Bond to you, if applicable, and remove any hold on your credit card or debit card for that amount. The time taken for the Bond to be refunded or for a hold on a credit card or debit card to be removed will vary depending on the bank processing times..

(j) If you return the Children’s Equipment to the Owner before the end of the Rental Period, you will not receive any refund or adjustment of the Total Fee.

(k) You understand that if the Children’s Equipment is not returned at the time and date agreed with the Renter, the Owner may report the Children’s Equipment as stolen.

5. Kindershare Guarantee for loss, damage and theft

(a) Where an Owner has specified a Bond for an item of Children’s Equipment that is 20% or more than the replacement value of that item, we will provide each Owner with automatic cover for theft, loss or damage to the Children’s Equipment notified by the Owner (excluding reasonable wear and tear and all pre-existing damage), or a failure by the Renter to return the Children’s Equipment at the end of the Rental Period.

(b) If the Children’s Equipment is:

(i) lost, damaged or stolen, the Renter must immediately notify the Owner and Kindershare; or

(ii) not returned by the Renter at the end of the Rental Period, the Owner must immediately notify the Owner and Kindershare.

(c) Subject to clause 5(d), we will provide the Owner with reimbursement of 75% of the market value of the Children’s Equipment that has been lost, damaged or stolen, less the amount of the Bond paid to the Owner (if applicable). For example, if the market value of a pram that is lost is $1,000 and the Bond for that item was $200, then the pay-out would be determined as follows:

($1,000 * 0.75) - $200 = $550.

Notwithstanding the above, where it is possible to replace a damaged part of the Children’s Equipment rather than the entire item (e.g. a storage compartment of a pram as opposed to the entire pram), we will deduct the full replacement cost of that item (plus delivery costs) from the Bond and refund the remaining balance of the Bond to the Owner. For example, if the bond for a pram is $200 and the replacement part costs $85.00 with a$15.00 delivery cost, we will deduct $100 from the Bond and refund the remaining $100.

(d) We will not provide a reimbursement for items of Children’s Equipment:

(i) where the Owner has not specified a Bond that equals 20% or more of the replacement value of the relevant item;

(ii) where the loss or damage, in our reasonable opinion, is a function of reasonable wear and tear;

(iii) where the loss or damage relates to, or has arisen from, pre-existing damage to the relevant item;

(iv) where the Owner and the Renter have given effect to a rental transaction outside of the Platform;

(v) where the Owner has breached these Terms; or

(vi) where, in our reasonable opinion, we consider that the request for reimbursement is fraudulent or based on questionable facts or circumstances (e.g. repeated claims for reimbursement by an Owner) or otherwise unreasonable.

(e) The Owner and Renter will co-operate with us, and comply with all reasonable directions we may give, in relation to a reimbursement under this clause.

6. Cancellation

We may terminate these Terms, including your use of the Rental Services and the Platform, if you commit a material breach of these Terms. If you don’t remedy a material breach within any reasonable period that we specify or such a breach cannot be remedied, 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.

(b) Applicable taxes: Each component of the Total Fee will be subject to any applicable taxes, if required by law.

(c) Payments processed by third party: All payments are processed and managed by our third-party payment platform provider. We do not collect your payment information. Your use of the Rental Services is subject to the terms and conditions of use of our third-party payment platform provider, as further described in clause 7(d). We are not responsible to you for your use of their payment gateway and not liable in relation to any information provided to or via the payment gateway.

(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 authorise 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 allow you to use the Rental Services for free or at a discount (Promotional Discount ). You will be eligible for a Promotional Discount if you comply with any applicable terms and conditions, including any eligibility criteria or claim process.

8. Conditions of use

8.1 Ownership of Platform

(a) We are the sole owner of the Platform. Your rights in the Platform are limited to using it for the Rental Services.

(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 Rental 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.

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 the Rental 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 Rental Services.

(i) transmissions on the internet may never be completely private or secure;

(ii) we cannot be responsible for, and accept no liability for, 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) 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

(v) other than as provided in these Terms, your sole remedy against us for dissatisfaction with the Platform 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;

(D) to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(iii) use or attempt to use the Platform to upload, post, transmit or otherwise make available any material that, in our opinion:

(A) 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) includes an image or personal information of another person or persons unless you have their consent;

(E) poses or creates a privacy or security risk to any person;

(F) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(G) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(H) advertises, promotes or solicits any goods or services or commercial activities, other than the rental of Children’s Equipment via the Platform;

(I) seeks to direct users of the Platform to an alternative platform or website to acquire goods or services, or which otherwise markets or promotes to other users of the Platform any other goods or services or commercial activities;

(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 to any other device, server, website or other medium for publication or any commercial enterprise or use;

(v) use code or any other means to direct other persons to any other web page;

(vi) 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, including by hacking, password mining or any other illegitimate means;

(vii) 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 of the Platform, including if we believe you:

(i) are abusing the use of the Platform in any way; or

(ii) have breached these Terms.

(f) If we suspend or terminate your use of the Platform, we may:

(i) delete and/or remove or prevent further access to your information; and

(ii) refuse to allow you future access to the Platform or the Rental 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. We do not accept any responsibility for any Third-Party Links.

9. Privacy

The Privacy Policy can be found on the Platform and applies to your use of the Platform and the Rental 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 Rental Services are supplied in accordance with these Terms, subject to any rights you have consumer protection laws that cannot be excluded.

(b) We accept our liability to you for breach of contract, negligence and for breach of any rights you have under consumer protection laws that cannot be excluded.

(i) caused by you (e.g. through your negligence or breach of contract);

(ii) arising from your failure to take reasonable steps to avoid or minimise your loss; or

(iii) caused by our failure to comply with our obligations in relation to the Rental Services where that is caused by events outside our reasonable control (e.g. a failure in systems not owned or operated by us, etc.).

(d) We are also not liable to you for:

(i) your inability to access the Platform or use the Rental Services;

(ii) acts or omissions of a transportation provider involved in a Direct Pick Up/Drop Off; or

(iii) damage or loss caused by any use of the Platform that is contrary to these Terms, or which is unusual or a non-recommended use of the Platform.

(e) You are liable to us for breach of contract or negligence. 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).

(f) We 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 or any other person from any act or omission by us in relation to these Terms.

(g) Consumer protections laws, including the Australian Consumer Law, confer rights on consumers that are not affected by these Terms. Nothing in these Terms exclude or limit any implied terms, guarantees or rights under those laws.

11. Insurance

(a) Our insurance is provided by DUAL Australia Pty Limited, a specialist provider of insurance company to the SME and mid-market segment in Australia. Our insurance includes public and product liability insurance policy for up to A$20 million and professional indemnity insurance for up to A$3 million in aggregate ( Kindershare Insurance Policies).

(b) You acknowledge and agree that you are not eligible to receive insurance coverage under the Kindershare Insurance Policies and you are using the Rental Services, subject to any Bond that may apply to a rental item, at your own risk. You are responsible for obtaining your own insurances in your capacity as an Owner or Renter if you consider this appropriate.

12. General

(a) Force Majeure: If a circumstance beyond our reasonable control occurs and we are unable to offer the Rental Services or operate the Platform (including a Covid-19 related event or other public health emergency), we may totally or partially suspend the Rental Services or the Platform for the duration of that event.

(b) Our relationship: The relationship between you and us is one of independent contractor only. Nothing in these Terms is intended to constitute a fiduciary relationship, agency, partnership or trust between us.

(c) Assignment or transfer: We may without notice to you assign, novate, transfer and/or sub-contract our rights and/or obligations under these Terms to any related body corporate or any purchaser of the whole or any part of the Kindershare business.

(d) 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.

(e) 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.

(f) Amendments: We may change these Terms from time to time, in which case we will post the new terms on the Platform and they will apply to your subsequent or continued use of the Platform from the date of publication. However, for any previous use of the Rental Services, the Terms that applied at the relevant time will continue to apply in relation to that previous use of the Rental Services.

(g) Governing law: These Terms are governed by the laws of New South Wales.

13. Defined terms and interpretation

In these Terms:

(a) a reference to:

(i) “we”, “us”, “our” or “" Kindershare” refers to Releaseit Pty Ltd t/as Kindershare (ACN 647 154 096); and

(ii) “you” or “your” means a user of the Platform.

(b) capitalised terms have the meaning below unless the context requires otherwise:

Bond means the security deposit given by the Renter as a condition of its rental of the Children’s Equipment from the Owner. Whether a security deposit is required, its value will be determined by the Owner at the time of posting Children’s Equipment on the Platform.

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) safety equipment, car seats, harnesses, strollers and travel equipment;

(b) educational materials, entertainment equipment, sporting equipment or clothing, party equipment or decorations, toys and books;

(d) 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;

(e) costumes, fancy dress, sport or other clothing, evening wear, fashion accessories, protective clothing or uniforms; and

(f) any other items reasonably connected or incidental to the above.

Direct Pickup/Drop Off means an arrangement:

(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;

(d) for the Owner to pick up the Children’s Equipment from the Renter at the end of the Rental Period.

Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trademarks, 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 Releaseit Pty Ltd t/as Kindershare (ACN 647 154 096).

Kindershare Fee means a fee of 15% 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. This percentage may be waived or lowered as part of a Promotional Discount or as otherwise agreed between Kindershare and an Owner.

Owner means a user of the Platform that that rents out Children’s Equipment to a Renter via the Platform.

Owner Terms means clause 3 of these Terms, which apply to Owners.

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.

Promotional Discount has the meaning given in clause 7(e).

Rental Charges means the amount of money payable by the Renter for each item Children’s Equipment rented out, via the Platform, including any applicable taxes. We will deduct the Kindershare Fee from the Rental Charges prior to paying this amount to the Owner.

Rental Period has the meaning given in clause 3.4(g).

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.

Terms means these terms and conditions of access to, and use of, the Platform.

Total Fee has the meaning given in clause 4.4(e).

Website means our website at www.Kindershare.com or www.Kindershare.co.