Terms and Conditions

Shareloom's role

Shareloom is an online marketplace that introduces people who want to hire things to people who lend them. We provide the platform only.

• Each hire is a contract directly between the hirer and the lender. Shareloom isn't a party to it.
• We don't own, supply, inspect, test, maintain, deliver or insure any item, and we don't guarantee that an item is safe, suitable, legal or as described.
• Lenders and hirers are independent. They aren't Shareloom's employees, agents, contractors or partners, and we don't control how they describe, supply, use or look after items.
• We don't check who members are (apart from confirming an email address, and the identity checks Stripe carries out before paying a lender), and we don't do background checks. Use your own judgement before you lend or hire, and when you meet someone for a handover.
• Lenders appoint Shareloom as their limited agent to collect payment from hirers, hold bonds and pay lenders out, as these terms describe. That's the only way in which we act for a lender.

Risk and responsibility

Lending and hiring carry risk. Items can fail or be misused, and can cause injury, loss or damage. You accept those risks when you lend or hire through Shareloom, and you're responsible for your own decisions.

• Lenders are responsible for their items: their safety, condition and compliance with the law, whether they're fit for what the listing says, anything the lender delivers, sets up or installs, and the accuracy of their listings.
• Hirers are responsible for the item from handover until it's returned, and for how it's used in that time, including by their guests and anyone else they let use it. That includes any injury, loss or damage that use causes.
• A claim about an item or a hire (for example about its condition or safety, an injury, damage to property, or a missed or late handover or return) is a matter between the hirer and the lender. We'll help as set out under “Problems and disputes”, but Shareloom isn't responsible for it, except to the extent it was caused by our own negligence or breach of these terms.

Your account

• You must be 18 or over to create an account or book a hire.
• Give accurate details and keep them up to date. An account is for one person or one business.
• Keep your password to yourself. You're responsible for what happens in your account, so tell us straight away if you think someone else has used it.
• You can close your account at any time by emailing hello@shareloom.co. Bookings already made still need to be completed or cancelled under these terms.

Listing an item

If you list an item, you promise that:

• you own it, or have the right to hire it out;
• the listing is accurate: the photos show the actual item, and the description, condition, price, bond and any rules are true and complete;
• the item is clean, safe, in good working order and legal to hire out, and meets the Australian standards and laws that apply to it (for example, electrical items tested and tagged where that's required);
• you'll give the hirer any instructions they need to use it safely, and if you deliver or set it up, you'll do that safely and properly; and
• you'll keep your calendar up to date so hirers can only book dates you can honour.

You set your own prices, bond, delivery and pickup options. Anything you add to a listing (extra rules, add-ons, choices such as flavours) becomes part of the hire agreement, but it can't override these terms.

You can't list: weapons, drugs or anything illegal; stolen goods; hazardous or dangerous materials; recalled or unsafe items; registered motor vehicles; animals; or anything that isn't a physical item for hire.

Booking and payment

• The price you pay is shown before you pay: the hire price, any add-ons, any delivery or pickup fee, the lender's bond, and Shareloom's service fee. All prices are in Australian dollars.
• Your card is charged when you send a booking request. While you're paying, the dates are held for you for 30 minutes.
• The lender then has until the reply-by time shown on your booking to accept or decline. That's usually 24 hours, but never later than 2pm (Sydney time) on the day before the hire, and never less than 4 hours after you book. Some lenders choose instant booking, and their bookings are confirmed straight away.
• If the lender declines or doesn't answer in time, or you withdraw the request before it's accepted, everything you paid is refunded in full.
• When you book, you confirm that you've read the listing and agree to these terms. When a lender accepts a booking (or turns on instant booking), they confirm that the item is as described, safe and in good working order, and agree to these terms.
• Once a booking is accepted, the hire agreement is made. The lender sets the handover and return times when they accept.
• When you pay Shareloom for a hire, you have paid the lender. We pass the lender's share on to them after handover, and hold the bond as described below.

Refunds go back to the card you paid with. They usually appear within 5 to 10 business days, depending on your bank.

Shareloom's fees

Hirers pay a service fee, shown at checkout before you pay. It's a percentage of the hire price, including add-ons. It isn't charged on the bond or on delivery and pickup fees. It's refunded whenever a booking is refunded in full under these terms.

Listing is free, and lenders currently pay no fee: a lender receives the full hire price plus any delivery or pickup fee. If we introduce a lender fee, we'll give you at least 30 days' notice first, and it won't apply to bookings made before it starts.

Contact details and addresses

Hirers and lenders don't see each other's email address or phone number. Please use Shareloom's chat for everything about a booking. The street address for handover is shared from 2pm (Sydney time) on the day before the hire; until then, each side sees the suburb.

Don't use Shareloom to arrange payment outside Shareloom, or to take a booking away from it. Hires paid for outside Shareloom aren't covered by these terms, the bond or our help.

Cancellations

• Hirers can cancel a confirmed booking at any time before the hire starts, and receive a full refund, including the service fee.
• Lenders can cancel a confirmed booking up until handover. The hirer receives a full refund. Lenders who cancel often, or at the last minute, may have their listings removed.
• Once the hire has started, it can't be cancelled through Shareloom. If something goes wrong, contact us.

If the item isn't handed over as agreed, or is clearly different from the listing, don't take it: message the lender, and tell us straight away. If the booking hasn't been handed over, we can cancel it and refund you in full.

During the hire

If you're the hirer, you agree to:

• check the item at handover and raise any problem before you accept it;
• use it carefully, only for its intended purpose, and as the lender instructs;
• supervise children and guests using it, follow any safety rules for it, and not move or change anything the lender has set up or installed;
• not lend it on, hire it out, sell it or change it; and
• return it on time, clean and in the condition you received it, apart from fair wear and tear.

You're responsible for the item from handover until it's returned, including if it's lost, stolen or damaged in that time.

The lender marks the item as collected or delivered at handover. That tells us the hire has begun and releases the lender's payout.

The bond

If a listing has a bond, you pay it with your booking. Shareloom holds it. It is never paid to the lender except by our decision on a claim, as described below.

• When the item comes back, the lender marks it “Returned undamaged” and the bond is refunded to you straight away.
• If there's a problem (damage, something missing, a late return), the lender can report it instead, with a description of what went wrong and the amount they're claiming, up to the value of the bond. The bond is then held while we look into it.
• If the lender does neither by 5pm (Sydney time) three days after the hire ends, the hire is completed and the bond is refunded to you.
• We'll consider what both of you tell us and decide how much of the bond, if any, goes to the lender, and refund the rest to you. If we haven't decided within 14 days, the whole bond is refunded to you.

Our decision only settles what happens to the bond. It doesn't stop either of you from pursuing your other legal rights against each other. If the loss or damage is worth more than the bond, that's a matter between the hirer and the lender.

Payouts for lenders

Lenders are paid through Stripe. To receive payouts you need to complete Stripe's setup, which includes verifying your identity and adding a bank account. Until then, your earnings are held for you. Your payout for a booking is released when you mark the item as collected or delivered, and reaches your bank on Stripe's payout schedule.

Payment processing services for lenders on Shareloom are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the “Stripe Services Agreement”). By agreeing to these terms or continuing to lend on Shareloom, you agree to be bound by the Stripe Services Agreement, as Stripe may change it from time to time. As a condition of Shareloom enabling payment processing services through Stripe, you agree to give Shareloom accurate and complete information about you and your business, and you authorise Shareloom to share it, and transaction information related to your use of Stripe's services, with Stripe.

You're responsible for any tax on your earnings, including GST if you're registered for it.

Reviews and your content

Hirers can review an item after a completed hire. Reviews must be honest and about your own experience.

You keep ownership of the photos, descriptions and reviews you post. You give Shareloom permission to host, show, resize and share them, including in search results and on our social media, to run and promote Shareloom while they're on the site. Only post content you have the right to post.

Using Shareloom fairly

Don't use Shareloom to break the law, mislead or harass anyone, post someone else's personal information, create fake accounts, listings or reviews, or interfere with the site or its security.

We may remove listings or content, or suspend or close accounts, that break these terms or put other members at risk. Unless the law or safety prevents it, we'll tell you why and give you a chance to respond.

Insurance

Shareloom doesn't provide insurance for items, lenders or hirers. The bond is the only protection built into a booking, and it's limited to the bond amount.

Lenders are responsible for insuring their items and their own liability. We strongly recommend public liability insurance, especially for items that could injure someone, such as inflatables, amusement equipment, marquees and anything you install. Hirers should check whether their own insurance covers items they hire and how they use them.

Our responsibility to you

Our services come with guarantees under the Australian Consumer Law that can't be excluded, and nothing in these terms limits them. We'll provide Shareloom with due care and skill.

Otherwise, and as far as the law allows:

• because we don't own, inspect or supply the items, we aren't responsible for their condition or safety, or for what lenders and hirers do or fail to do;
• we don't promise that listings are accurate, that members will do what they've agreed, or that Shareloom will always be available or free of errors;
• we aren't liable for indirect or consequential loss, such as lost profits or a ruined event; and
• our total liability to you is limited to the service fees you've paid us in the 12 months before the claim, or $100 if that's more.

None of this limits our liability for fraud, or for death or personal injury caused by our negligence.

Indemnity and release

You agree to indemnify Shareloom (Share Tech Pty Ltd, its officers and its employees) against any claim, loss, damage, liability or cost, including reasonable legal costs, that arises from:

• if you're a lender, your items and listings, and anything you do in supplying, delivering, installing or collecting an item;
• if you're a hirer, your use and care of an item during a hire, including by your guests or anyone else you let use it; and
• your breach of these terms or of the law, or a dispute between you and another member.

As far as the law allows, you also release Shareloom from any claim arising from an item, a hire, or a dispute with another member.

The indemnity and the release don't apply to the extent that the claim or loss was caused by Shareloom's own negligence, fraud or breach of these terms, and they don't affect your rights under the Australian Consumer Law that can't be excluded.

Problems and disputes

If something goes wrong with a hire, try to sort it out with the other member through chat first. If you can't, email hello@shareloom.co and we'll help where we can. Apart from deciding what happens to a bond, we don't decide disputes between members, and helping with one doesn't make us responsible for it.

If you have a complaint about Shareloom itself, email us and we'll respond within 10 business days.

Changes to these terms

We may update these terms as Shareloom changes. If a change significantly affects you, we'll tell you by email or on the site at least 14 days before it takes effect. If you don't agree with it, you can close your account before then. Each booking is governed by the terms in force when it was made.

General

These terms are governed by the law of New South Wales, Australia, and the courts of New South Wales can decide any dispute about them. If any part of them can't be enforced, the rest still applies. Our Privacy Policy explains how we handle your personal information.

Contact us

Share Tech Pty Ltd (ABN 26 699 447 535), trading as Shareloom. Email hello@shareloom.co.