Terms and Conditions

Updated 07/01/2020

Here are our terms and conditions (“Quipmo General Terms”)

User Agreement: www.quipmo.com

Quipmo Pty Ltd ACN 611 757 496 (“Quipmo”, “we” or “us”) operates an online platform allowing users (“User” or “You”) to connect and rent gear through Quipmo’s platform including through our website at https://www.quipmo.com/ or any other platform we may introduce in the future (“Quipmo Platform” or “Quipmo Services”).

PLEASE READ THESE TERMS and ALL QUIPMO POLICIES including the Quipmo Privacy Policy and the Quipmo Rental Agreement (collectively the “AGREEMENT”) carefully before using the services offered by Quipmo.

Use of the Quipmo Platform or use of the Quipmo Services confirms that You agree to be bound by this Agreement.

1. SCOPE OF QUIPMO SERVICE

1.1. Quipmo provides a platform for connecting people who would like to rent Surf, Bike and Snow gear (“Renters”) with those willing to rent out the Surf, Bike and Snow gear (“Owners”).

1.2. A reference to gear in this agreement includes any type of recreational equipment, such as a bicycle, snow skis, snowboard, surfboard, stand up paddle board, etc. made available through the Quipmo Platform.

1.3. A reference to User in this agreement includes Renters, Owners and any other person that visits or views the Quipmo Platform.

1.4. A User creates an account with Quipmo when s/he validly completes a registration form on the Quipmo Platform.

1.5. Quipmo provides the platform only. Apart from enabling a Renter to find an Owner to provide a particular  item of gear, Quipmo accepts no liability for any aspect of the Renter and Owner interaction, including but not limited to the description of gear and services offered, the performance of services and the delivery of gear. Quipmo has no obligation to any User to assist or involve itself in any way in any dispute between a Renter and an Owner.

1.6. All information related to services to be performed or gear to be provided is supplied by Quipmo Users. Unless expressly stated to the contrary, Quipmo does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Quipmo Platform.

1.7. You expressly agree that Quipmo has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Owners and Renters), including, but not limited to, the ability of Owners to perform rentals or supply items, or the honesty or accuracy of any information provided by Renters or the Renters’ ability to pay for the services or gear requested.

2. QUIPMO SERVICE DESCRIPTION

2.1. The Quipmo Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Quipmo Service may be separately described on the Quipmo Platform.

2.2. A Renter with a requirement for gear (1) creates an account with Quipmo and (2) reviews existing listings on the Quipmo Platform before requesting a rental for a specific period of time (‘Offer’).

2.3. An Owner with specific gear (1) creates an account with Quipmo, (2) Posts listings on the Quipmo Platform and (3) reviews rental requests by Renters.

2.4. If an Owner desires to accept an Offer, the Owner must accept the rental request using the functionality as provided by the Quipmo Platform. By accepting an Offer, the Owner confirms that s/he is legally entitled to and capable of supplying the gear described in the listing. Offers are subject to further terms as set out in the Quipmo Rental Agreement.

2.5. If an Owner in any way updates a listing after it has been published on the Quipmo Platform and before an offer has been accepted, then Quipmo may, at its discretion, cancel all Offers for that listings that were made prior to the update and recommence the offer process.

2.6. Prior to proceeding with a transaction, both Renter and Owner must accept the terms of the Quipmo Rental Agreement.

2.7. If the Owner agrees to a Renter’s offer, the Owner will accept that Renter’s Offer by using the functionality on the Quipmo Platform to electronically accept. The Renter will then pay the agreed price via the Quipmo Platform.

2.8. An Owner and Renter may use a private messaging feature on the Quipmo Platform to communicate directly about posted gear and accessories. Each time a Quipmo User receives a message from the Quipmo messaging service, a notification may be sent to the User via their currently active communication channel.

2.9. Once an Owner has accepted an offer from a Renter and the Renter has paid the agreed price then the Renter and the Owner will be deemed to have entered into a separate contract under which the Renter agrees to Rent, and the Owner agrees to provide the Renter with the gear (“the Rental Agreement”).

2.10. The terms of the Rental Agreement incorporate the terms of this Agreement (to the extent they apply to the Renter and the Owner), the Quipmo Rental Agreement and any additional terms and conditions agreed between the Renter and the Owner, including the description and price of the gear to be provided. You agree not to enter into any contractual provisions in a Rental Agreement that conflict with this Agreement. The terms of this Agreement incorporated into a Rental Agreement take priority over any other terms agreed between a Renter and an Owner in the Rental Agreement to the extent of any inconsistency.

2.11. The Owner must provide the gear to the Renter in accordance with the Rental Agreement, unless the services, gear or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.

2.12. The Quipmo Pre Rental Inspection Form must be completed by both the Owner and Renter at the commencement of the rental period. Any inconsistencies with the gear must be noted at this time. Upon completion of the rental period, The Quipmo Post Rental Inspection Form must be completed by both the Owner and Renter once the gear has been returned.

2.13. The Owner will mark off the rental as complete using the functionality on the Quipmo Platform once the Renter has returned the gear and the Pre/Post Rental Forms have been completed.

2.14. Once a transaction is concluded, both the Owner and Renter are strongly encouraged to complete a Quipmo service review using any feedback features on the Quipmo Platform. Quipmo will, from time to time, contact You to remind You to complete a Quipmo service review.

2.15. The Quipmo Platform may from time to time include location / map-based functionality. The Quipmo Platform may display the location of Renters and Owners to persons browsing the Quipmo Platform. Each Owner will be asked to provide the suburb where the gear is to be collected. An Owner should never disclose personal details such as Renter’s full name, street number, phone number or email address in a Posted Rental or in any other public communication on the Quipmo Platform.

3. PAYMENT, SECURITY DEPOSITS, REFUNDS AND CREDIT

3.1. Where a Renter pays an agreed price for gear in respect of a Posted Rental (“Rental Payment”) that Rental Payment will be used to pay the Owner and Quipmo in accordance with this Agreement.

3.2. If the Renter and the Owner mutually agree to cancel the Rental Agreement or if, following reasonable attempts by a Renter to contact an Owner to perform the Rental Agreement, Quipmo is satisfied that the Rental Payment should be refunded and there is no dispute between the Renter and the Owner, then the Owner must refund the Rental Payment back into the Renter’s nominated account less the Quipmo Service Fee.

3.3. Owners may choose to include Security Deposits in their Listings. Each Listing will describe whether a Security Deposit is required and the form of security that will be taken. Where a Security Deposit is required, Renter agrees to provide the Security Deposit and Owner agrees to hold the Security Deposit for the Rental Period. Renter acknowledges that the Security Deposit may be used to pay the Owner for loss and/or damage caused to the Gear during the Rental Period. Owner acknowledges that they are responsible for refunding the Security Deposit, either in part or in full at the end of the Rental Period. Quipmo is not responsible for accepting, administering or returning Security Deposits. Further, Quipmo is not responsible for administering or accepting any claims related to Security Deposits and disclaims any and all liability in this regard. Owners should be aware of the local laws and jurisdictions governing the taking of Security Deposits before deciding whether or not to accept a Security Deposit.

4. PAYMENT FACILITY

4.1. Quipmo may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Renter and Owner (“Payment Provider”).

4.2. By renting gear using the Quipmo Platform You agree to be bound by the Payment Provider’s Privacy Policy which is located at https://www.paypal.com/au/webapps/mpp/ua/privacy-full privacy and hereby consent and authorise Quipmo and the Payment Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s). By registering and creating an account with Quipmo, You agree to be bound by Payment Provider’s terms and conditions which are located at https://www.paypal.com/au/webapps/mpp/ua/useragreement-full. Quipmo confirms that the services offered by the Payment Provider are Third Party Services and subject to further terms set out for Third Party Services below.

5. THIRD PARTY SERVICES

5.1. Quipmo may from time to time include on the Quipmo Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by Quipmo.

5.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Quipmo Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

5.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.

5.4. Quipmo makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Quipmo Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at quipmo.com/contact-us.

6. QUIPMO MERCHANDISE

6.1. Quipmo may from time to time include on the Quipmo Platform merchandise available for purchase (“Quipmo Merchandise”).

6.2. Quipmo Merchandise is supplied by a third party manufacturer and therefore considered as Third Party Services which are subject to further terms and conditions set out for Third Party Services.

6.3. Refunds are not available for purchases of Quipmo Merchandise.

7. THE QUIPMO INSURANCE POLICY

7.1 Quipmo provides Owners who always adhere to the Agreement with The Quipmo Insurance policy for Rentals in Australia and New Zealand of up to (a) AUD $ 5,000 for bike, (b) AUD $2,000 for kite and SUP and (c) AUD$1,000 for snow and surf, as per the specific Gear types specified within https://quipmo.com/insurance/.

The Owner understands that The Quipmo Insurance policy is limited to theft, loss or damage to the Gear during the scheduled rental period, and only in the event that the Renter defaults on its obligations under the Agreement and where the owner is unsuccessful claiming against their own business insurance policy and or their home and contents insurance policy, that it does not cover ordinary wear and tear, any repairs or replacements paid for by the Renter, or any theft or damage occurring prior to or after conclusion of the scheduled rental period. The Quipmo Insurance policy only provides coverage for Gear rented through the Quipmo Platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Renter or Owner, as applicable.

When you file a damage or theft claim, Quipmo determines, at its sole discretion, whether your claim qualifies for coverage under The Quipmo Insurance policy. Quipmo’s original determination is considered final, but you may be able to file an appeal of the decision with Quipmo if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

7.2. In order to access The Quipmo Insurance policy, Owners must first have:

  1. included accurate and current photographs and description of the Gear within the listing prior to the rental period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the Ride and any accessories (if applicable)
  2. for Damage
    1. where there is not total loss, the Owner must have communicated via the Quipmo Platform with the Renter with regards to payment of costs in accordance with the Quipmo Rental Agreement’s Schedule 1 within twenty four (24) hours of completion of the rental, and communicated within seventy two (72) hours of completion of the rental that they have not as yet received funds from the Renter in accordance with Quipmo Rental Agreement’s Schedule 1
    2. If there is damage to a Ride during a Rental, the Owner must notify Quipmo within twenty four (24) hours of completion of the rental or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the rental. Owner shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
    3. have accurately completed and submitted to Quipmo Pre Rental Form and Post Rental Form for the transaction
    4. Provide to Quipmo photographic evidence of the damage
  3. For Theft
    1. If Renter does not return a Gear at the conclusion of the rental, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Gear at such rescheduled return time, then the Owner:
      1. agrees to file a report with the applicable police department and provide a copy of such report to Quipmo. In filing the report, Owner is required to notify the police department of The Quipmo Insurance policy, and that Quipmo may ultimately be subrogated to Owner’s right to recovery of the Gear. Owner must also authorize the police department to discuss and provide any information regarding the case with Quipmo; and
      2. must notify Quipmo within twenty four (24) hours of completion of the rental that a theft has occurred. If the theft is not reported during such period, then the theft shall be presumed to have occurred subsequent to the rental.

All claims under The Quipmo Insurance policy require that the Owner has communicated with Quipmo within twenty-four (24) hours of return of the Gear; late claims will not be honoured. No exceptions to the 24-hour rule will be honoured. All claims for damage must include the evidence as noted herein; however, Quipmo reserves the option to require a physical inspection prior to making any payment under The Quipmo Insurance policy. Any claim for a stolen Gear must be accompanied by a police report to be valid. For all claims, the Owner may be required to provide additional documentation, such as purchase receipts, maintenance records, and such other documents as Quipmo may request in its reasonable discretion.

7.3. Any evidence that implies, at Quipmo’s full discretion, that the Owner has not complied (or attempted to not comply) with any of the Agreement at any time or for any transaction, including transacting outside of Quipmo platform will mean the said Owner is unable to access The Quipmo Insurance policy. If the Owner has complied with these terms at all times since becoming a User, Quipmo will first attempt to recover the costs from the particular Renter through any number of means, including through its secure payment gateways (Stripe or Paypal), charging the Borrower’s credit card or contacting the Borrower directly. Quipmo reserves the right to attempt to recover from the Borrower for up to 90 days before paying out any claim under this policy.

7.4. Renter Default

Where a Renter has not made good on its obligations under this Agreement, and where Quipmo has been unsuccessful in its attempts to recover the monies owing to the Owner, where the Owner has business insurance or Home and Contents Insurance, the Owner is obliged to attempt to recover their loss from their insurer before making a claim for The Quipmo Insurance policy. Where the Owner has a business insurance policy or home and contents insurance policy, the Owner must provide Quipmo evidence that their claim has been unsuccessful.

Where the Owner has met all terms and processes of the Agreement, The Quipmo Insurance policy policy will then be engaged.

7.5. Replacement or Reimbursement

Where The Quipmo Insurance policy has been engaged, and at its sole discretion, Quipmo may replace or reimburse the Owner under the following but up to the maximum amounts covered by The Quipmo Insurance policy only:

  1. For damage included in Quipmo Rental Agreement’s Schedule 1, per the amounts prescribed within Quipmo Rental Agreement’s Schedule 1
  2. For total loss, for lost or stolen Gear, or where the repair cost would exceed the replacement value of the Gear, Quipmo will make commercially reasonable efforts to provide the Owner with a Gear that is of a similar make, model and year, and with similar components and other aftermarket parts or if the Gear or components are not reasonably available at standard retail prices Quipmo reserves the right to provide Gear of equal quality or a cash amount of equal value. In order to determine the value of the Gear and/or components in question, Quipmo will use market indicators to determine the fair market value and shall also account for any salvage value of the Ride, if applicable. These values are determined by year, condition, and overall value and may use the following sources: product manufacturer’s websites, our network of industry partners and shops, e-commerce websites such as Gumtree, Craigslist, Ebay and other reliable sources to be used at Quipmo’s discretion. Quipmo may use other relevant factors in its reasonable discretion.
  3. For damage, beyond Quipmo Rental Agreement’s Schedule 1, but where the cost of repairs is less than total loss, the repair cost of the Gear shall be determined at Quipmo’s reasonable discretion, and may be in consultation with professional repair personnel knowledgeable in the appropriate field.

7.6. Quipmo does not represent that the insurance offered via the Quipmo Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as home and contents or travel insurance) is required.

8. IDENTITY VERIFICATION

8.1. Quipmo may include tools to help Quipmo Users to verify the identity, qualifications or skills of other Quipmo Platform Users (“Identity Verification Services”). These tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a User of the Quipmo Platform to request other Users to post a reference on the Quipmo Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and LinkedIn and verification icons or badges displayed in association with an Owner and obtained in accordance with clause 7.6 and or clause 7.7.

8.2. You agree that Quipmo Identity Verification Services may not be fully accurate as all Quipmo Services are dependent on User-supplied information and/or information or verification services provided by third parties.

8.3. Quipmo Platform Users are solely responsible for identity verification and Quipmo accepts no responsibility for any use that is made of an Quipmo Identity Verification Service.

8.4. The Quipmo Platform may also include a User-initiated feedback system to help evaluate Quipmo User(s).

8.5. The Quipmo Services Identity Verification Services may be modified at any time.

8.6. Quipmo may from time to time make available certain verification icons to be displayed in relation to an Owner’s profile and Posted Rentals, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Owner and verified internally by Quipmo, or externally by a third party verification provider (“Verification Icons”). Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Owner and determined by Quipmo or a third party verifier subject to its terms. It remains the Owner’s responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Quipmo immediately if a Verification Icon is no longer valid.

8.7. Quipmo may also from time to time issue certain badges to be displayed in relation to an Owner’s profile and Posted Rentals, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Quipmo (“Quipmo Badge”).

8.8. The issue of a Verification Icon or Quipmo Badge to an Owner remains in the control of Quipmo and the display and use of a Verification Icon or Quipmo Badge is licensed to the Owner for use on the Quipmo Platform only. Any verification obtained as a result of the issue of a Verification Icon or Quipmo Badge may not be used for any other purpose outside of the Quipmo Platform.

8.9. Quipmo retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Quipmo Badge if an Owner is in breach of any of the terms of this Agreement, the Verification Icon or Quipmo Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Quipmo.

9. ELIGIBILITY TO REGISTER

9.1. A Quipmo account can be created in the name of an individual or a company. A Quipmo User registering as an Owner or Renter may specify within the “About You ” field that s/he is representing a business entity (including a company).

9.2. To create an account and use the Quipmo Services You must be able to form legally binding contracts under applicable law. Quipmo Services are not available to persons under 16 years of age. If You do not qualify to use the Quipmo Services, You must not use the services.

9.3. While You are registered with Quipmo You must maintain control of your Quipmo account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

9.4. At its absolute discretion, Quipmo may refuse to allow any person to register or create an account with Quipmo or cancel or suspend any existing account.

10. USER’S OBLIGATIONS

10.1. You agree that at all times:

(a) You will comply with this Agreement (including all Quipmo Policies) and all applicable laws and regulations;

(b) You will post only accurate information on the Quipmo Platform;

(c) You will promptly and efficiently perform all your obligations to other Quipmo Users under a Rental Agreement and to Quipmo under this Agreement;

(d) all content (whether provided by Quipmo, a User or a third party) on the Quipmo Platform may not be used on third party sites or for other business purposes without Quipmo’s prior permission; and

(e) You will ensure that You are aware of any laws that apply to You as a Renter or an Owner, or in relation to any other way(s) that You use the Quipmo Platform.

10.2. You must not use the Quipmo Platform for any illegal or immoral purpose.

10.3. You grant to Quipmo an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Quipmo Platform for the purpose of including that material and information on the Quipmo Platform and as otherwise may be required to provide the Quipmo Service, for the general promotion of the Quipmo Service and as permitted by this Agreement.

10.4. Any information posted on Quipmo Platform must not, in any way whatsoever, be potentially or actually harmful to Quipmo or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Quipmo. Without limiting any provision of this Agreement, any information You supply to Quipmo must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(e) be defamatory, libellous, threatening or harassing;

(f) be obscene or contain any material that, in Quipmo’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Quipmo Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.”

10.5. You must comply with your tax obligations in relation to any payment received under a Rental Agreement.It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Quipmo is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.

10.6. When You enter into a Rental Agreement using the Quipmo Platform You create a legally binding contract with another Quipmo User, unless the transaction is prohibited by law or by this Agreement (including the Quipmo Policies). If You do not comply with your obligations to another Quipmo User under a Rental Agreement, You may become liable to that other User. If another User breaches any obligation to You, You – not Quipmo – are responsible for enforcing any rights that You may have with that User.

10.7. If Quipmo determines at its sole discretion that You have breached any obligation under this clause 10, it reserves the rights to remove any content, Posted Rental or Offer You have submitted to the Quipmo Service or cancel or suspend Your account.

11. FEES

11.1. Registering and creating an account with Quipmo is free. There is no charge for an Owner to post listing, or for other Quipmo Users to review content on the Quipmo Platform, including posted listings.

11.2. If an Owner has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Quipmo (or its nominee), which are inclusive of GST.

11.3. The Service Fees will be deducted and paid to Quipmo when the agreed price is paid to the Owner.

11.4. To be clear, Service Fees will be calculated only on the amount that the Owner agrees to charge the Renter to provide the gear.

11.5. If an Owner agrees to reimburse certain costs incurred by the Renter as part of completing a rental,  Renter is solely responsible for having those costs reimbursed by the Owner. Quipmo will not be responsible for obtaining any reimbursement from an Owner. We advise Renters not to agree to incur any costs for an Owner in advance of payment by the Owner, unless the Renter is confident that the Owner will reimburse the costs promptly.

11.6. Quipmo may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Quipmo notifies You of that change by sending a notice to your last known contact address as provided at registration.

11.7. Q