MarketPrice.io Pty Ltd trading as Rentalis ABN 86 606 183 902 (referred to as MPR) provides a social network and introductory service between persons who wish to hire certain goods for a certain period and owners of such goods who are able to provide such goods for rent in exchange for a fee (collectively, the Services). The Services are available on the MPR website at www.marketpricerentals.com (Site) and on the MPR mobile application (App).
These Marketplace Terms and Conditions (Terms) form a binding legal agreement between MPR, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User). By using the Site, the App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully, and please contact MPR if there are any questions using the contact details set out at the end of these Terms.
1. Introductory Service Only
(a) The Site, the App and the Services provides a social network and an online introductory platform for persons wishing to hire certain goods for a certain period of time (Renters) and persons who possess and own such goods and wish to rent out those goods (Owners), through which Renters will be able to contact Owners and request the rental of goods offered by the Owner (Rental Services).
(b) Each User may create a profile as per information requested on the Site (Profile).
(c) Owners are able to create listings on the Site to advertise goods available for rent as part of the Rental Services and to set out other relevant information such as rental pricing structure, rental time periods and limits, location of rental goods, refund policies and any other terms and conditions applicable to the Rental Services (Listing).
(d) When Renters request Rental Services (Listing Request), they accept any terms and conditions set out in the Listing. MPR has no control over the terms and conditions set by Owners.
(e) Renters can view the Listings, make a Listing Request, and upon acceptance of a Listing Request contact the Owner via their provided email address to make arrangements with the Owner.
(f) Owners must accept or reject a Listing Request within three (3) days of such request being made by a Renter.
(g) Each User understands and agrees that the Site and the App is an online introductory platform only, and that MPR’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
(h) MPR is not a party to any agreement entered into between a Renter and an Owner. MPR is not a referrer or booking agent, and provides no such related services. MPR has no control over the conduct of Renters, Owners and any other users of the Site, the App and the Services. MPR disclaims all liability in this regard, as set out in these Terms.
(i) Any arrangement between a Renter and an Owner is solely between the Renter and Owner. It is strictly and expressly not part of the User’s agreement with MPR.
The User’s use of the Site, the App and the Services indicates that the User has had sufficient opportunity to access the Terms and contact MPR, that the User has read, accepted and will comply with the Terms, that the User has legal capacity to enter into a contract for sale, and that the User is eighteen (18) years or older or if younger than eighteen (18) years the User has the approval of its parent or guardian. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. MPR recommends that each User check the current Terms, before continuing use of the Services. MPR’s agents, employees and third parties do not have authority to change the Terms.
5. Online Registration
(a) Each User may only have one (1) account on the Site including a Profile (Account).
(b) Basic information is required when registering on the Site or via the App for an Account. Each User is required to provide certain information including name, email address, and must create a password.
(c) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MPR reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to MPR, proves to be inaccurate, not current or incomplete.
(d) To keep information secure and confidential, Users will be requested by MPR to change their passwords at regular intervals.
(e) It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(f) The User will immediately notify MPR of any unauthorised use of its Account.
6. Bookings and Payments
(a) There are no registration or listing fees.
agree to pay the relevant rental fees as specified on a Listing, or as
otherwise agreed with the Owner (Rental Fee).
(c) Goods and Services Tax (GST) will be charged where applicable.
(d) All Users are required to have a PayPal account. The User may pay the Rental Fee using PayPal or other payment methods as set out on the Site. Payment for the full value of the Rental Fee will be automatically deducted from the Renter’s PayPal account when the Listing Request is accepted by the Owner. The User must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the Listing Request may be cancelled.
(e) Owners agree that a service fee as set out on the site (Transaction Fee) will be deducted from the Rental Fee and shall be paid, via PayPal, to MPR. The remaining balance (less any fees payable to PayPal) will be paid via PayPal to the Owner.
(f) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, subject to MPR’s Refund Policy set out in these Terms.
(g) Nothing prevents MPR from taking any action necessary to recover any unpaid Rental Fee or Transaction Fee. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds MPR’s payment terms and as a result are passed on for collection and or legal action, MPR may place a default against the User with a credit reporting agency.
(h) MPR’s pricing structure or payment methods may be amended from time to time in its sole discretion.
7. Users and User Profiles
(a) Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site is created from the personal information it provides to MPR.
(b) Each User agrees to provide accurate, current and complete information during the registration process, and to update its information to keep it accurate, current and complete.
(c) Each User acknowledges and agrees that it is responsible for its own Profile.
(d) Users can access the Site to communicate with other Users and seek (in the case of Renters) or provide (in the case of Owners) Rental Services.
(e) If a Renter contacts an Owner and makes a Listing Request (that is, requests Rental Services), any agreement entered into is between the Renter and Owner. MPR is not a party to the agreement.
(f) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of Users with others.
(g) Each User represents and warrants that any content that it provides, including any description of goods for rent and Profile that it posts:
i. Is accurate, up-to-date and not misleading;
ii. will not breach any agreements it has entered into with any third parties;
iii. will (be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Owner in its local area and country; and
iv. will not conflict with the rights of third parties.
(h) MPR assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(i) MPR reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts and/or Profiles that MPR, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
(a) After Rental Services are provided, both the Renter and Owners will be invited to rate and provide a review of each other (Review). Reviews of a User will be posted on that User’s Profile.
(b) Reviews can be viewed by any User and will remain viewable until the User Account and Profile is terminated.
(c) Users must provide true, fair and accurate information in their Review.
(d) If in MPR’s reasonable assessment the Review is untrue, unfair, inaccurate, offensive or inappropriate, MPR may delete the Review or ban the User posting the Review. MPR does not undertake to review each Review before it is published on a Profile.
(e) MPR may, in its sole discretion, cancel a User’s Account and delete its Profile if such User receives consistency poor Reviews from other Users.
(f) To the fullest extent permitted by law MPR is not responsible for the content of any Reviews.
9. Cancellation of Registration
(a) If a User wishes to terminate its account, it will need to do so via the settings on their Account.
(b) No refunds of any fees will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
10. Refund Policy
(a) If an Owner is unable to provide the Rental Services after accepting a Listing Request and payment of the Rental Fee has been made, that Owner may, subject to the terms and conditions on the Listing Request, offer a refund of the Rental Fee less the Transaction Fee and any fees payable to PayPal.
(b) Refunds may also be provided in PayPal’s discretion, which MPR has no control over.
(c) MPR will not refund any Transaction Fees deducted from Rental Fees.
11. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from MPR: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
12. Copyright and Intellectual Property
(a) The Site contains material which is owned by or licensed to MPR (or its affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site and the App (Collective Content). MPR and all material used in connection with the Site are unregistered or registered trademarks of MPR.
(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to MPR (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; Site content, images and layout; and App content, images and layout.
(c) The User agrees that, as between the User and MPR, MPR owns all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. MPR own the copyright which subsists in all creative and literary works displayed in the Site, App and Services. The Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by MPR or the owner of the content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(e) MPR’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of MPR or the applicable trademark holder.
(f) Users of the Site and the App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of MPR or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
13. User Licence
(a) Subject to these Terms, MPR grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without MPR’s prior written consent.
(b) The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
14. Permitted and Prohibited Conduct
The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
(a) use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(b) register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
(c) use the Services to find a Owner and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay the Transaction Fee or any other fees related to MPR’s provision of the Services;
(d) submit any false or misleading information;
(e) as an Owner, offer any Rental Services that it does not intend to honour or cannot provide or offer any goods for rent which it does not possess and legitimately own;
(f) as a Renter, make any requests for Rental Services that it does not intend to honour;
(g) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(h) copy, store or otherwise access any information contained on the Site, App and Services or Content for purposes not expressly permitted by these Terms;
(i) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(j) use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(k) use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(l) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
(m) use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, MPR’s name, any MPR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MPR’s express written consent; or
(n) advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of MPR and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Collective Content.
The User must not post, upload, publish, submit or transmit any content that:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) is fraudulent, false, misleading or deceptive;
(c) denigrates the Site, the App, Services, a Renter, or an Owner;
(d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(e) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(g) promotes illegal or harmful activities or substances.
16. User Content
Users are permitted to post, upload, publish, submit or transmit relevant information and content including but not limited to Reviews (User Content). By making available any User Content on or through the Site, App and Services, the User grants to MPR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site, App and Services.
The User agrees that it is solely responsible for all User Content that it makes available through the Site, App and Services. The User represents and warrants that:
(a) it is either are the sole and exclusive owner of all User Content that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to MPR the rights in such User Content, as contemplated under these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or MPR’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(a) MPR does not guarantee that Owners and Rental Services will be requested by any Renters, nor does MPR guarantee that Renters will be able to find desirable Owners or Rental Services.
(b) MPR does not endorse any Renters, Owners, Profile or Rental Services. MPR requires Renters and Owners to confirm that they have provided accurate information. MPR does not perform any sort of background checks of Renters and Owners, and do not confirm, any Renter’s or Owner’s identity, Profile or Rental Services.
(c) MPR cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Owner or Rental Services (including the condition, legality or suitability of goods offered for rent and whether such goods meet the description provided by Owners. Renters are responsible for determining the identity and suitability of Owners that they contact via the Services.
(d) MPR accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. MPR disclaims any and all liability related to any and all Renters, Owners, Profiles and Rental Services.
(e) By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Renters or Owners or other third parties will be limited to a claim against the Renters or Owners or other third party who caused it harm. MPR encourages the User to communicate directly with the relevant Renter or Owner on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
(f) To the fullest extent allowable under applicable law, MPR disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(g) For the avoidance of doubt, MPR is not responsible for any taxation, visa or immigration matters associated under these Terms. MPR advises that all Users using the Site, App and Services should seek advice in relation to these matters.
(h) Each Owners and Renters who uses the Site, App and the Services do so at their own risk.
(i) MPR excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
i. MPR expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. MPR does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
iii. MPR takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Renters, the Owners and Rental Services being unavailable, failing to meet the Profile description, failing to meet the User’s needs, or of being less than merchantable quality; and
iv. MPR will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, Content, inability to access or use the Site, the App, the Services, the Profile, the Rental Services, or the Terms, even if MPR was expressly advised of the likelihood of such loss or damage.
(j) The User agrees not to attempt to impose liability on, or seek any legal remedy from MPR with respect to such actions or omissions.
18. Limitation of Liability
(a) MPR’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to MPR in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between MPR and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MPR.
(a) Each User agrees to defend and indemnify and hold MPR (and MPR’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) MPR reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by MPR without restriction.
(a) Accuracy: While MPR will endeavour to keep the information up to date and correct, MPR makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and MPR expressly excludes any liability for such to the fullest extent permissible by law.
(b) Termination: MPR reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User.
(c) Force Majeure: MPR will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by MPR of any of the Terms shall be effective unless MPR expressly states that it is a waiver and MPR communicates it to the User in writing.
(f) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without MPR’s prior written consent.
(g) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and App may be accessed throughout Australia and overseas. MPR makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between MPR and each User, and supersede any prior agreement, understanding or arrangement between MPR and each User, whether oral or in writing.
For questions and notices, please contact:
MarketPrice.io Pty Ltd t/a Market Price Rentals ABN 86 606 183 902