Platform Terms of Use
These are the terms and conditions for HYYRO TECHNOLOGIES PTY LTD (ABN 58 644 868 226) (“we”, “us”, “HYYRO”, “HYYRO” or the “Company”) platform (or ”site”), a community driven peer to peer enviro-rental platform, connecting users with assets to those who need them – anytime, anywhere.
This platform can be accessed via the domain www.hyyro.com/ and via our mobile application on the Google Play Store and Apply Store and includes all of the files located in that domain (“platform”).
Agreement to these Platform Terms of Use
By accessing this platform, you agree to be bound by these terms of use (“Platform Terms of Use”). These Platform Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
Privacy Policy and Returns Policy
As part of these Platform Terms of Use (also located at www.hyyro.com/terms-and-conditions), your use of this site is also subject to our Privacy Policy (located at www.hyyro.com/privacy-policy) as well as any related policies as set out in the attached schedules, which are incorporated by reference into these Platform Terms of Use.
Legal capacity to transact
By using this site you represent and warrant to the Company that you are over the age of 18 years or if you are under the age of 18 you warrant that you have the permission of a parent or guardian to use this site and you have permission to either hire or rent items on this site. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in the attached schedules to these Platform Terms of Use.
Violations of these Platform Terms of Use
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products to you if:
– you breach any provision of these Platform Terms of Use;
– the Company is unable to verify or authenticate any information that you provide to us; or
– the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Platform Terms of Use;
• inform the relevant authorities in the event that you breach any provisions of these Platform Terms of Use.
Indemnity
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Platform Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
While the Company will undertake reasonable best efforts to verify the identity of the user (which will be done via Stripe Identity Verification), by taking industry standard best practice measures such as but not limited to:
• user identity verification by verifying user’s identification documents.
• verification of the user’s card and bank details (performed by Stripe)
The Company cannot warrant the complete success of these measures, you must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Platform Terms of Use and provide the Company with:
• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that may be required by the Company (or as required by Stripe Identity Verification) during the registration process (including information necessary to conduct user identity verification as outlined above).
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Services
This platform is a marketplace
This platform is a community-driven peer to peer rental platform, it connects users with assets (Item Owners) to those who need them (Renters).
Whether you are hiring (Renter) or listing items (Item Owner), you are either hiring or listing an item from or for another user.
Title and risk in the item remains at all times with the Item Owner. HYYRO has no control at any time over the condition or use of the Items. You are solely responsible for your usage of this platform and for your interactions with the other users, whether as a Renter or Item Owner.
HYYRO is not directly involved in this relationship between yourself and other users. HYYRO merely seeks to facilitate this by providing the platform to enable a seamless peer-to-peer rental marketplace.
This platform allows users to offer to rent out household items and other goods (“Items”) to other users. Users who seek to rent out Items as “Item Owners” can create and publish on the Platform a listing in respect of the Item, which includes but is not limited to, pricing, pictures, description, availability, pickup location, delivery from location, as well as any rules or instructions (Post). Users seeking to rent an item from an Item Owner (“Renters”) can make requests to book the Items following the terms discussed (on the platform) with the Item Owner.
Posting an Item.
When creating a Post for an Item, the Item Owner shall include all relevant safety instructions or any relevant usage information in respect of the Item. We reserve the right to inspect or verify the information provided in respect of any item or Post. We may ask for a better-quality pictures or provide a better-quality picture or description at our discretion. While we will undertake reasonable best efforts to verify the accuracy of the Post, we do not warrant the accuracy of the Posts or any of the information contained within.
Booking an Item.
Renters can request to hire (Book) Items made available by Item Owners by sending the Item Owner a request through the Platform and including the requested:
• “Booking Start Date”, being the start of the booking period;
• “Booking Completion Date, being the end of the booking period”;
• Special conditions/instructions; and
• paying the applicable fees, including the rental fee charged by the Item Owner (“Rental Fee”).
• Once confirmed by the Item Owner, we will notify the Renter and the Item Owner that the Booking is confirmed. Bookings are only confirmed once we have sent this notification (Booking Confirmation Notification).
Cancellation of a Booking
An Item Owner may amend the availability of the Item for Booking (or the Rental Fees payable) at any time up until the Booking has been confirmed. Once the Booking has been confirmed (Booking Confirmation Notice is generated), the Item Owner shall not make any amendments to the Booking. If the Item Owner needs to change the availability of the Item or the Rental Fees after the Booking has been confirmed, the Booking is automatically cancelled any fees held by HYYRO will be returned to the users minus a cancellation fee that may be charged by HYYRO, unless the Item Owner and the Renter both accept the requested changes to the Booking.
A Renter may amend the availability of the Item for Booking (or the Rental Fees payable) at any time up until the Booking has been confirmed. Once the Booking has been confirmed, the Renter shall not make any amendments to the Booking. If the Renter needs to change the availability of the Item after the Booking has been confirmed, the Booking is automatically cancelled any fees held by HYYRO will be returned to the users minus a cancellation fee that may be charged by HYYRO unless the Item Owner and the Renter both accept the requested changes to the Booking.
Delivery and Use of Items
On the Booking Start Date, Item Owners and Renters are required to be at the agreed-upon location to deliver the Item to the Renter, the Booking Start Date will commence form the time and date that the Renter receives the Item. While title in the Item shall remain with the Item Owner (the Item is rented to the other party, the Item Owner retains ownership in the Item at all times), liability for any damage to the Item passes to the Renter when the Renter takes possession of the Item.
Renter Rules
Renters further agree to the following conditions in respect of any Booking:
• Renter shall not sub-lease or otherwise rent the Item to any third-party during a Booking;
• Renter shall not use the Item for any illegal activities;
• Renter shall use all reasonable efforts to ensure the item is not damaged, lost or stolen during the Booking; and
• Renter will be liable for any additional costs incurred by the Renter while using the Item, including but not limited to those communicated to Renter at the time of the Booking in accordance to the terms of these Platform Terms of Use.
Return of the Item to the Item Owner
Upon returning the Item to the Item Owner at the agreed-upon location. The Item Owner will inspect the Item to ensure it is in the same condition that it was when it was delivered to Renter (Original Condition).
The Booking Completion Date is the time and date that the Renter initially selected when booking the Item. The Booking is only complete once the Item Owner has confirmed that the Item is in the Original Condition (in line with any applicable policies). We will send both the Renter and Item Owner a notification once the order is complete. Bookings are only confirmed to be complete once Item Owner accepts item return (Return Accepted Notification being sent out).
If you do not return the item to the Item Owner within the rental period specified in the Booking, we reserve the right to take the following actions ( this is not an exhaustive list);
• charge you (via the payment details you have provided) an hourly fee (3x of the hourly rate of the Item) for every hour that has elapsed until the Order is complete;
• temporarily suspend your account (and your ability to make/receive Item bookings or Posts) until any relevant investigations are complete;
• terminate your account and your access to the platform;
• we reserve the right inform the relevant authorities at any point after the Booking Completion Date, if you have not returned the Item:
o we will undertake all reasonable endeavours to cooperate fully with the relevant authorities by providing any relevant information, including your picture and description and any other identifying details required including your address and copies of your identity documentation.
Damage to the Item and Verification of the Item’s Condition
Renters are responsible for the condition of the Item once they have received it and are liable for the Item during the Booking and must treat the Item with care and respect. Renters will be liable to cover the costs of damage or replacement of any damages or loss of the Item during the Booking, as well as any damages or costs associated with delays in returning the item on time.
To aid in the verification of the condition of the Items once the Order is confirmed:
1. At the start of the Booking
a. The Renter will take and upload item pictures to the platform to document the condition of the Item at the time of pick up (or when receiving the item via delivery service provider).
b. The Renter can also add notes on Item’s condition to the platform to document the condition of the Item when the Renter receives the item;
2. At the end of the Booking
a. Before the Renter returns the Item to the Item Owner, the Renter will take and upload pictures to the platform to document the condition of the Item when the Renter is returning the item.
3. Once the Item Owner receives the Item after the end Booking
a. The Item Owner will check the item condition and pictures uploaded to the platform by the Renter (or received from delivery services provide used by the Renter).
b. If the Item Owner is satisfied that the Item has been returned in the Original Condition, the Item Owner will accept the return through the application.
c. We will then send a notification to the Renter and Item Owner to inform both parties that the Booking is Complete and Item Return has been accepted.
Fees and Payment Terms
Fees
There are no fees to register on the platform or the make a Post. However, we do charge transaction fees which are as follows:
• Transactions under $5 will incur a $0.50 fee
• Transactions for $5 and above will incur a fee that is equivalent to 20% of the total fees (payable by the Item Owner) payable on the Booking,
Collectively these transaction fees are defined as the “Service Fee”.
HYYRO charges the Item Owner this Service Fee for each completed transaction. HYYRO charges the Renter a fee for each item that has a security deposit (Security Deposit) and this Security Deposit is displayed to the Renter at the time of the checkout for a Booking. As a user of the platform, you agree to pay all fees described herein these Platform Terms of Use or otherwise quoted to you at the time of the transaction.
Booking Fees.
For a Renter to confirm a Booking, the Renter makes an offer, which gets accepted by the Item Owner. The Renter then pays 100% of the Booking Fee (which include the Rental Fee and the Security Deposit) at the time of booking. The Security Deposit and Rental Fee will be held for the duration of the Booking.
Security Deposit
The Item Owner may have the option to require the Renter to pay a damage deposit (“Security Deposit”) which will be collected and held by HYYRO for the duration of the Booking. If the Item Owner requires a Security Deposit, this must be paid at the same time as the applicable Booking Fee. If the equipment is damaged, lost or stolen during the Booking, the Renter will immediately forfeit the Security Deposit and HYYRO will pay to the Item Owner the Security Deposit, provided that the Item Owner contacts HYYRO within 24 hours of the Booking ending and files a report with the relevant authorities if requested by HYYRO. The Item Owner will not be entitled to any other compensation from HYYRO or Renter. In cases where a Security Deposit is required, both the Item Owner and the Renter may pay an additional processing fee.
Payment to Item Owner
HYYRO will release the Rental Fees owed to the Item Owner (the total Booking Fees less the HYYRO Service Fee and any other applicable taxes and fees) at the time that the Booking is marked as Complete and the Item Owner accepts the return of the Item. Depending on the bank account or payment details provided by the Item Owner, it may take a several business days for the funds to clear and reach the Item Owner.
Issues or Disputes
If there are any issues or disputes raised within 48 hours of the Booking Completion Date, the funds will not be released to the Item Owner until the Issue has been resolved. HYYRO has the right to determine, in its sole discretion (in accordance with any relevant Company policies), how to resolve an issue, including:
• Issuing a refund to the Renter;
• Requiring the Renter to pay for damages caused to an Item;
• Suspending or terminating any User’s Account; and/or
• Requiring the Renter to pay the listed additional fees.
Refunds
Credit card chargebacks
Renters are liable for all Booking Fees and are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. A chargeback is usually issued when a customer disputes a charge that appears on their credit card statement. A chargeback may result in the reversal of a transaction. When a chargeback is issued, Renter is immediately liable to HYYRO for the full amount of payment of the chargeback plus any associated fees, fines, expenses or penalties. You agree that we may recover these amounts through any payment or account details you have provided to HYYRO or by way of set-off of any amounts owed by HYYRO to you. If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.
Late Fees
You may be charged late/penalty fees in accordance with the terms of this Platform Terms of Use.
GST
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment methods
Payment for orders placed through this platform may be made:
• by credit card (Visa or MasterCard only) processed online using the secure Stripe payment gateway;
• via bank deposit by electronic funds transfer (EFT) processed online using the secure Stripe payment gateway (will be accessible in coming months).
Stripe secure payment gateway
The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.
Payment by EFT
If you elect to pay for an order by bank deposit using EFT, this will be processed online using Stripe’s payment gateway.
Refunds and other remedies
Except as expressly provided otherwise in these Platform Terms of Use, all amounts paid through this platform are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Platform Terms of Use below. For more information about obtaining refunds from users, see the paragraphs headed “Refunds from users” in these Platform Terms of Use below.
Security
While our Platform hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Dealings with Posts made by Item Owners
Content supplied by Item Owners
This platform allows Item Owners to advertise Items for rent to our users through this platform and to upload information and other content directly to this platform for our users to access (ie. to Post). We do not act as agent for the Item Owners and we take no responsibility, and assume no liability, for:
• any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
• any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
• any loss or damage that results from any dealings that you may have with such third parties.
Items Posted by Item Owners
We do not recommend or endorse any Items that are listed, advertised or referred to in this platform. We are not responsible for the content of the Posts and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. Links within the Posts may unintentionally connect with platforms containing information that some users may find inappropriate or offensive. Your use or reliance on any content within the Posts is at your own risk.
User acknowledgements
You acknowledge that the Company does not:
• warrant the truth or currency of any of the material or information that users provide or make available through this platform;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the Items referred to in this platform;
• offer professional advice on the quality or suitability of any Items or information supplied by any user; or
• endorse or recommend any user, including where details of the user are provided by the Company to you or otherwise become known to you through this platform.
Role of the Company
The relevant user (Renter or Item Owner), and not the Company, is:
• the supplier of the Item that you are Booking; and
• solely responsible for supplying you with those Items themselves.
We do not act as agent for the Item Owner and we make no representation or warranty, and provide no guarantees with respect to the Item and that those Items will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any Item Owner listed on this platform and any Items supplied, offered or recommended by or on behalf of an Item Owner.
Acceptance of the usage of the Item Owner’s Items
Acceptance of a Booking creates a contract between you and the relevant user in respect of the provision of the Items that are the subject of that Booking. The Company is not a party to that contract. You will be responsible for investigating and reviewing Post and any relevant conditions as to the rental or usage of the Item as applicable – prior to placing any Booking through this platform.
Refunds on Items and Bookings
As between you and the Company, all amounts paid through this platform are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any user upon the acceptance of any offer that you make through this platform, you are entitled to any refund, the relevant user is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the user directly, and not against the Company, in order to enforce your entitlement to that refund.
The Company will only provide a refund up to the value of the Booking Fee that was charged to you (inclusive of any Security Deposit). The Security Deposit is only available as a compensation for a genuine claim made by the Item Owner for any loss, theft of damage to the hired item (determined at our sole discretion) and is not to be considered as insurance for the item.
Disputes between users and suppliers
You are solely responsible for your interactions with users listed on this platform and the Company is not a party to any transactions between you and such users. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users.
If you believe that any user from which you have contracted with through this platform has failed to provide those Items to you, or that those Items did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that user if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any user, in respect of any dispute between you and a user.
Dealings with third parties
Content supplied by third parties
This platform includes an online portal that allows third parties to advertise goods and/or services for sale to our users through this platform and to upload information and other content directly to this platform for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
• any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
• any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
• any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and platforms
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this platform or the content of any third party platforms. We are not responsible for the content of linked third party platforms, websites framed within this platform or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with platforms containing information that some users may find inappropriate or offensive. Your use of any third party platforms is at your own risk and subject to their respective terms and conditions of use.
User acknowledgements
You acknowledge that the Company does not:
• check the truth or currency of any of the material or information that third parties provide or make available through this platform;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this platform or whose identities become known to you through this platform, including suppliers of content that is published or made available in or through this platform;
• offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
• endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this platform.
Role of the Company
The relevant supplier, and not the Company, is:
• the supplier of the goods and/or services that you offer to purchase; and
• solely responsible for supplying you with those goods and/or services and for those goods/services themselves.
We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this platform, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this platform and any goods or services supplied, offered or recommended by or on behalf of a supplier.
Supplier’s terms and conditions
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this platform.
As part of our terms and conditions for supplier listings, suppliers undertake to us that they will offer to users of this platform terms and conditions that are at least as favourable to the user as those set out in Schedule 2. The Company does not, however, hold the benefit of that undertaking on your behalf.
Refunds from suppliers
As between you and the Company, all amounts paid through this platform are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this platform, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.
Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this platform and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this platform has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
Intellectual property
Copyright
In these Platform Terms of Use, the term “Proprietary Content” means:
• this platform;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this platform, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the Company in connection with the products offered through this platform (whether hosted on the same server as this platform or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Platform Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this platform only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The phrase “HYYRO” is a trademark of the Company. The look and feel of this platform (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
User Content
In these Platform Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this platform by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This platform contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion:
o the Company reserves the right to use the listings (and connected User Content) for promotional purposes to increase awareness of the Platform. For clarity the Company will ensure that no User personal information will be used when User Content is used for promotional purposes.
Copyright claims
If you believe that our platform contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this platform to a third party platform that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS PLATFORM AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS PLATFORM, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This platform is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this platform or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of this platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this platform will meet your requirements or expectations;
• anything on this platform, or on any third-party platform referred or linked to in this platform, is reliable, accurate, complete or up-to-date;
• the quality of any products, information or other material purchased or obtained through this platform will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this platform or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Platform Terms of Use or the use of this platform by you or any other person. HYYRO is not and will not be responsible for any actions by another user, individual, business, association, entity, or group that may physically, financially, verbally, digitally harm or distress you in any way. We use commercially reasonable efforts to provide an honest, safe, and trustworthy community but cannot be responsible for the actions of third parties.
Damage and Theft
HYYRO will not be responsible for any damages, theft, or destruction of items booked through the Platform and any losses arising from the use of the Platform will not be compensated or reimbursed by HYYRO.
Accuracy of Users and Listings
We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on HYYRO. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact through the Platform. We do not endorse any persons who use or register for our Services. However, HYYRO reserves the right (but is not obligated to) to verify the identity of Users as well as the availability and fitness of Items listed for rent by Item Owners. HYYRO IS NOT RESPONSIBLE FOR ANY FALSE OR MISLEADING INFORMATION ON THE PLATFORM AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE PLATFORM OR INFORMATION PROVIDED ON THE PLATFORM.
Rental Equipment
USE OF ANY ITEMS RENTED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEY HAVE ADEQUATE KNOW-HOW, TRAINING, SKILLS AND ABILITIES TO USE ANY ITEM, INCLUDING OBTAINING AND REVIEWING MANUFACTURER INSTRUCTIONS AND SAFE HANDLING GUIDES. HYYRO WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, DAMAGES (INCLUDING DAMAGE RELATING TO PERSONAL INJURIES TO INDIVIDUALS OR DAMAGE TO PERSONAL PROPERTY) ARISING FROM THE USE OF ANY ITEM.
Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
• in the case of goods, to any of the following:
– the replacement of the goods or the supply of equivalent goods;
– the repair of the goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– the payment of the cost of having the goods repaired; and
• in the case of services:
– the supply of the services again; or
– the payment of the cost of having the services supplied again.
Release
You agree that your use of this platform is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Platform Terms of Use or the use of this platform by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Platform Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Platform Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Platform Terms of Use, the following rules of interpretation apply:
• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Platform Terms of Use;
• these Platform Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
The Company may provide any notification for the purposes of these Platform Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Platform Terms of Use, each party must bear its own legal, accounting and other costs associated with these Platform Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Platform Terms of Use without the Company’s prior written consent. Your registration with this platform is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Platform Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Platform Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
Variation
The Company reserves the right to amend these Platform Terms of Use and any other policy on this platform at any time in its sole discretion and any such changes will, unless otherwise
