Terms and Conditions

This Agreement was last modified on 18 February 2016.

Terms & Conditions

The following Terms form a legally binding agreement (“Agreement“) between StuffOnHire and you covering your access to and use of the StuffOnHire website and subdomains through which StuffOnHire makes its services available (“Site“), and its use through any program user interface (“Application“) and all associated services (“StuffOnHire Services“). The Site, Application and StuffOnHire Services together are hereinafter collectively referred to as the “StuffOnHire Marketplace”.

In these Terms, “StuffOnHire,” “we,” “us,” or “our,” all refers to the StuffOnHire company in your country of registration that you are contracting with. “Registered User” is a person who has successful followed the identification and registration processed of the StuffOnHire Marketplace and been accepted by StuffOnHire as a user.   “Listing Registered User” refers to a user registered to use the StuffOnHire Market place for the purpose of listing a Service available for hire.  “Hiring Registered User” refers to a user registered to use the StuffOnHire Market place for the purpose of hiring a listed Service.

If you choose to change your country of registration or operate in multiple countries, you will need to create a registration with each country’s StuffOnHire Company.

Your personal information in connection with your use of the StuffOnHire Marketplace is described in our Privacy Policy.

All payment processing services used in connection with your use of the StuffOnHire Marketplace (“Payment Services“) are provided in accordance with our Payments Terms.

Registered users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings. In many cities, Registered users may have to register, get a permit or obtain a license before providing certain items for Listing. Registered User are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listings they offer. Certain types of Listings may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) on StuffOnHire, you should always seek legal guidance.

  1. Scope of StuffOnHire Services

1.1 The StuffOnHire Marketplace is an online marketplace that enables Registered Users to publish items for hire on the StuffOnHire Marketplace (“Listings”) and to communicate and transact directly with other Registered Users that are seeking to hire such items as per the Listing.

1.2 As the provider of the StuffOnHire Marketplace, StuffOnHire does not own, manage, offer, deliver, or control the supply of any Listings. Registered Users alone are responsible for their Listings. When Registered Users make or accept a hire booking, they are entering into a contract directly with each other. StuffOnHire is not and does not become a party to or other participant in any contractual relationship between Registered Users, nor does StuffOnHire offer any form of insurance. StuffOnHire is not acting as an agent in any capacity for any Registered User.

1.3 StuffOnHire will not participate in any dispute resolution between Registered Users and recommend each take relevant insurance appropriate to their listing or hire.

1.4 If you choose to use the StuffOnHire Marketplace your relationship with StuffOnHire is limited to being an independent, third-party and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of StuffOnHire. You acknowledge and agree that you have complete discretion over your Listings and acceptance of hire bookings.

1.5 To promote the StuffOnHire Marketplace and to increase the exposure of Listings to potential Registered Users, Listings and other content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

1.6 The StuffOnHire Marketplace may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. StuffOnHire is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by StuffOnHire of such Third-Party Services.

1.7 StuffOnHire cannot guarantee the continuous and uninterrupted availability and accessibility of the StuffOnHire Marketplace. StuffOnHire may restrict the availability of the StuffOnHire Marketplace or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the StuffOnHire Marketplace. StuffOnHire may improve, enhance and modify the StuffOnHire Marketplace and introduce new StuffOnHire Services from time to time.

  1. StuffOnHire Marketplace, Registered User Eligibility

2.1 In order to access and use the StuffOnHire Marketplace or register an StuffOnHire Account you must be an individual at least 18 years old or a legal entity able to trade under the laws of the country you have created a StuffOnHire Registered User and able to enter into legally binding contracts.

2.2 You will comply with any applicable control laws in your local jurisdiction.

2.3 StuffOnHire may make access to, and use of, the StuffOnHire Marketplace, or certain areas or features of the StuffOnHire Marketplace, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Registered User’s booking and cancellation history.

2.4 StuffOnHire does not assume any responsibility for the confirmation of any Registered User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may (i) ask Registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Registered Users, (ii) screen Registered Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Registered User, if applicable, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your registered jurisdiction.

2.5 The access to or use of certain areas and features of the StuffOnHire Marketplace may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the StuffOnHire Marketplace. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the StuffOnHire Marketplace, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

  1. Modification of these Terms

StuffOnHire reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the StuffOnHire Marketplace and update the “Last Updated” date at the top of these Terms. We will provide you a notice of the modifications at your next StuffOnHire Marketplace login and your continued access to or use of the StuffOnHire Marketplace will constitute acceptance of the revised Terms.

  1. Account Registration

4.1 You must register an account (“StuffOnHire Account“) to access and use certain features of the StuffOnHire Marketplace, such as publishing a Listing or booking a hire. If you are registering a StuffOnHire Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a StuffOnHire Account using an email address and creating a password.

4.3 You must provide accurate, current and complete information during the registration process and keep your StuffOnHire Account and public StuffOnHire Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) StuffOnHire Account unless StuffOnHire authorizes you to do so. You may not assign or otherwise transfer your StuffOnHire Account to another party.  If you choose to operate across multiple countries, you must extend your registration to each new country and provide appropriate documentation according to each counties requirements.

4.5 You are responsible for maintaining the confidentiality and security of your StuffOnHire Account credentials and may not disclose your credentials to any third party. You must immediately notify StuffOnHire if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your StuffOnHire Account. You are liable for any and all activities conducted through your StuffOnHire Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 StuffOnHire may enable features that allow you to authorize other Registered Users or certain third parties to take certain actions that affect your StuffOnHire Account.

  1. Content

5.1 StuffOnHire may, at its sole discretion, enable Registered Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the StuffOnHire Marketplace (“Registered User Content“); and (ii) access and view Registered User Content and any content that StuffOnHire itself makes available on or through the StuffOnHire Marketplace, including proprietary StuffOnHire content and any content licensed or authorized for use by or through StuffOnHire from a third party (“StuffOnHire Content“).

5.2 The StuffOnHire Marketplace, StuffOnHire Content, and Registered User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the country of registration. You acknowledge and agree that the StuffOnHire Marketplace and StuffOnHire Content, including all associated intellectual property rights, are the exclusive property of StuffOnHire and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the StuffOnHire Marketplace, StuffOnHire Content or Registered User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of StuffOnHire used on or in connection with the StuffOnHire Marketplace and StuffOnHire Content are trademarks or registered trademarks of StuffOnHire. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the StuffOnHire Marketplace, StuffOnHire Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the  StuffOnHire Marketplace or StuffOnHire Content, except to the extent you are the legal owner of certain Registered User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StuffOnHire or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, StuffOnHire grants you a limited, non-exclusive, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any content made available on or through the  StuffOnHire Marketplace and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Registered User Content on or through the StuffOnHire Marketplace, you grant to StuffOnHire a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Registered User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Registered User Content to provide and/or promote the  StuffOnHire Marketplace, in any media or platform.

5.6 You are solely responsible for all Registered User Content that you make available on or through the StuffOnHire Marketplace. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available on or through the StuffOnHire Marketplace or you have all rights, licenses, consents and releases that are necessary to grant to StuffOnHire the rights in and to such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or StuffOnHire’s use of the Registered User Content (or any portion thereof) as contemplated under these Terms 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.

5.7 You will not post, upload, publish, submit or transmit any Registered User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates StuffOnHire’s Content Policy or any other StuffOnHire policy. StuffOnHire may, without prior notice, remove or disable access to any Registered User Content that StuffOnHire at its own discretion finds to be in violation of applicable law, these Terms, or StuffOnHire’s then current Policies or Standards, or otherwise may be harmful or objectionable to StuffOnHire, its Registered Users, third parties, or property.

5.8 StuffOnHire respects copyright law and expects its Registered Users to do the same. If you believe that any content on the StuffOnHire Marketplace infringes copyrights you own, please notify us.

  1. Service Fees

6.1 StuffOnHire may charge fees to Registered Users (“Service Fees“) in consideration for the use of the StuffOnHire Marketplace. More information about when Service Fees apply and how they are calculated can be found in or Service Fees Policy.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Registered User prior to publishing a Listing or booking a hire. StuffOnHire reserves the right to change the Service Fees at any time and will provide Registered Users adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees that you owe to StuffOnHire. The applicable Service Fees (including any applicable Taxes) are collected by StuffOnHire Payments. StuffOnHire Payments will deduct any Service Fees from the hiring Registered User before remitting the payout to the listing Registered User. Except as otherwise provided on the StuffOnHire Marketplace, Service Fees are non-refundable.

  1. Terms specific for Listing Registered Users

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the  StuffOnHire Marketplace you must (i) provide complete and accurate information about your Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions, operation capability, usage instructions and requirements that apply (such as any minimum age, proficiency or fitness requirements for appropriate user) and (iii) provide any other pertinent information requested by StuffOnHire. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Registered User requests a booking of your Listing, you may not request that the hiring Registered User pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos provided by you as content used in your Listings must accurately reflect the quality and condition of your Listing Services. StuffOnHire reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the StuffOnHire Marketplace may vary and depend on a variety of factors, such as Registered Users search parameters and preferences, Registered Users requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, type of Service, and/or ease of booking.

7.1.6 When you accept a booking request by a Registered User through the StuffOnHire Marketplace, you are entering into a legally binding agreement with the hiring Registered User and are required to provide your listed Service(s) to the hiring Registered User as described in your Listing when the booking request is made. You also agree to pay the applicable StuffOnHire Service Fees and any applicable Taxes.

7.1.7 StuffOnHire strongly recommends that listing Registered User obtain appropriate insurance for their listed Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Registered Users hiring/using your Service.

7.2 Listing Service

7.2.1 You are entirely responsible for the Service(s) that you list, StuffOnHire merely provides the platform for the Service to be listed and hired by Registered Users.

7.2.2 If you choose to require a security deposit for your Listing, you must clearly specify this in your Listing and only transact this deposit via the StuffOnHire Marketplace.

7.2.3 You represent and warrant that any Listing you post and the booking of, will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). You are also fully responsible for capability of your presented Listing and operating and safety instructions for the hiring Registered User to best utilise the listed Service safely.

  1. Terms specific for Hiring Registered Users

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by StuffOnHire and/or the Listing Registered User, you can book a Listing available on the StuffOnHire Marketplace by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Service Fee and any applicable Taxes will be presented to you (“Total Fees”) prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your StuffOnHire Account.

8.1.2 Upon receipt of a booking confirmation from StuffOnHire, a legally binding agreement is formed between you and the Listing Registered User, subject to any additional terms and conditions of the Registered User that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. StuffOnHire Payments will collect the Total Fees at the time of the booking request or upon the Listing Registered User’s confirmation pursuant to the Payment Terms.

8.1.3 The Hiring Registered User must:

  • Return the goods to the Listing Registered User when it is due back;
  • Return the goods clean and in good repair;
  • Operate the Hired Service safely, strictly in accordance with regulations, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Listing Registered User or posted on the Equipment;
  • Ensure that all persons operating or erecting the Service are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
  • Conduct a thorough hazard and risk assessment before using the Service and comply with all Occupational Health and Safety laws relating to the Service and its operation;
  • Safely secure all items associated with the Service and indemnify StuffOnHire in respect of any injury and/or damage caused by the transportation of the Service by the Hiring Registered User.
  • Operate the Service with an adequate motor vehicle and/or power source if appropriate;
  • Indemnify StuffOnHire for all injury and/or damage to the extent caused or contributed to by the Hiring Registered User to persons and property in relation to the Service and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Service;
  • Report and provide full details to StuffOnHire of any accident or damage to the Service within 2 business days of the accident or damage occurring.

The Hiring Registered User must NOT:

  • Tamper with, damage or repair the hired Service
  • Lose or part with possession of the hired Service
  • Rely upon any representation relating to the Hired Service or its operation other than those contained in this Contract;
  • Exceed the recommended or legal limits for the Service

8.2 Booking Listed Services

8.2.1 You should carefully review the description of any Listed Service you intend to book to ensure you meet any minimum age, proficiency, fitness or other requirements which the Listing Registered User has specified in their Listing. At your sole discretion you may want to inform the Listing Registered User of any medical or physical conditions, or other circumstances that may impact your ability to participate/operate the Listed Service. In addition, certain laws, or minimum capability requirements may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in the use of the Service.

8.2.2 You must at all times adhere to the Listing Registered User’s operating and safety instructions, and you wholly take on the responsibility for any outcomes produced by the use/operation of the Service.

8.2.3 You as the hiring Registered User take fully responsibility for the actions and outcomes of any other individual who uses/operates the Service.

  1. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Registered Users are responsible for any modifications to a booking that they make via the  StuffOnHire Marketplace (“Booking Modifications“), and agree to pay any additional Listing Fees, Service Fees and/or Taxes associated with such Booking Modifications.

9.2 Hiring Registered Users can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Listing Registered User, and StuffOnHire will refund the amount of the Total Fees due to the Hiring Registered User in accordance with such cancellation policy. Any portion of the Total Fees due to the Listing Registered User under the applicable cancellation policy will be remitted to the Listing Registered User by StuffOnHire pursuant to the Payment Terms.

9.3 If a Listing Registered User cancels a confirmed booking, the Hiring Registered User will receive a full refund of the Total Fees for such booking.

9.4 In certain circumstances, StuffOnHire may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be (i) where StuffOnHire believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to StuffOnHire, other Registered Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

  1. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Listing Registered Users and  Hiring Registered User can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Registered Users and do not reflect the opinion of StuffOnHire. Ratings and Reviews are not verified by StuffOnHire for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Registered User must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with StuffOnHire’s Content Policy and Extortion Policy.

10.3 Registered Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Registered User.

10.4 Ratings and Reviews are part of a Registered User’s public profile and may also be surfaced elsewhere on the StuffOnHire Marketplace (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

  1. Damage to Services, Disputes between Registered Users

11.1 As a Hiring Registered User, you are responsible for returning the Service(s) in the condition it was in when you hired it. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to use the Service.

11.2 If a Listing Registered User claims and produce evidence that you as a Hiring Registered User have damaged in any way beyond fair wear and tear a Service, (“Damage Claim“), the Listing Registered User can seek payment from you. If a Listing Registered User escalates a Damage Claim to StuffOnHire, you will be given an opportunity to respond. If you agree to pay the Listing Registered User, or StuffOnHire determines in its sole discretion that you are responsible for the Damage Claim, StuffOnHire via StuffOnHire Payments will, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payment Terms. StuffOnHire also reserves the right to otherwise collect payment from you and pursue any remedies available to StuffOnHire in this regard in situations in which you are responsible for a Damage Claim.

11.3 Registered Users agree to cooperate with and assist StuffOnHire in good faith, and to provide StuffOnHire with such information and take such actions as may be reasonably requested by StuffOnHire, in connection with any Damage Claims or other complaints or claims made by Registered User. Registered Users are responsible for the insurance of their Services and their use of Services as they see fit as StuffOnHire take no responsibility for damage to Services or damages cause by partaking in the use of a Service.

  1. Rounding off

StuffOnHire will round Total Fees and Service Fees up or down to the nearest transactional cash amount of the country of transaction.

  1. Taxes

13.1 Registered Users are fully responsible for all Taxes that apply to their transaction of Services.

13.2 StuffOnHire will, where applicable, include Goods and Services Tax amounts in its calculation of Service Fees payable to StuffOnHire to meet our regulatory requirements, these amounts will be clearly identified in Registered Users accounts.

  1. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the StuffOnHire Marketplace.

14.2 You acknowledge that StuffOnHire has no obligation to monitor the access to or use of or the content Listed on the StuffOnHire Marketplace by any Registered User, but has the right to disable access or remove Content to (i) operate, secure and improve the StuffOnHire Marketplace (including without limitation for illegal activity, fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Registered Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Registered User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms..

14.3 You acknowledge that the Listing of Services deemed illegal in your jurisdiction are totally the responsibility of you as the Listing Registered User and may result in your Registered User details being provided to appropriate authorities.

14.4 You acknowledge that the use of Services deemed illegal in your jurisdiction are totally the responsibility of you are the Hiring Registered User and may result in your Registered User details being provided to appropriate authorities.

  1. Termination, Suspension and other Measures

15.1 StuffOnHire may terminate your Registration and use of the StuffOnHire Marketplace for convenience at its discretion at any time without recourse.  Listing fees due at the point of termination to the registered User will be paid as per Payment Terms after all Service Fees have been deducted.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your StuffOnHire Account as a Listing Registered User, any confirmed booking(s) will be automatically cancelled and your Hiring Registered Users will receive a full refund. If you cancel your StuffOnHire Account as a Hiring Registered User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 StuffOnHire may immediately, without notice, terminate this Agreement and/or stop providing access to the  StuffOnHire Marketplace if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) StuffOnHire believes in good faith that such action is reasonably necessary to protect the personal safety or property of StuffOnHire, its Registered Users, or third parties (for example in the case of fraudulent behaviour of a Registered User).

15.4 In addition, StuffOnHire may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the StuffOnHire Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or StuffOnHire otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) StuffOnHire believes in good faith that such action is reasonably necessary to protect the personal safety or property of StuffOnHire, its Registered Users, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Registered User Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the StuffOnHire Marketplace;
  • temporarily or permanently revoke any special status associated with your StuffOnHire Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your StuffOnHire Account and stop providing access to the StuffOnHire Marketplace.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by StuffOnHire and an opportunity to resolve the issue to StuffOnHire’s reasonable satisfaction.

15.5 If we take any of the measures described above (i) we may refund your Hiring Registered Users in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.6 When this Agreement has been terminated, you are not entitled to a restoration of your StuffOnHire Account or any of your Registered User Content. If your access to or use of the StuffOnHire Marketplace has been limited or your StuffOnHire Account has been suspended or this Agreement has been terminated by us, you may not register a new StuffOnHire Account or access and use the StuffOnHire Marketplace through a StuffOnHire Account of another Registered User..

15.7 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

  1. Disclaimers

If you choose to use the StuffOnHire Marketplace you do so voluntarily and at your sole risk. The StuffOnHire Marketplace is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the StuffOnHire Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by StuffOnHire relating to a Listing.

If we choose to conduct identity verification or background checks on any Registered User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Registered User or guarantee that a Registered User will not engage in misconduct in the future.

You agree that some Services, may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some listed Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Listed Services. You assume full responsibility for the choices you make before, during and after your participation in the booking and use/operation of a Service. You, to the maximum extent permitted by law, agree to release and hold harmless StuffOnHire from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs during the booking or use/operation of the Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the StuffOnHire Marketplace, your Listing or booking of any Listing via the StuffOnHire Marketplace, use of any other Listed Service, or any other interaction you have with other Registered User whether in person or online remains with you. Neither StuffOnHire nor any other party involved in creating, producing, or delivering the  StuffOnHire Marketplace will be liable for any incidental, special, 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 arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the StuffOnHire Marketplace, (iii) from any communications, interactions or meetings with other Registered Users or other persons with whom you communicate, interact or meet with as a result of your use of the StuffOnHire Marketplace, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listed Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not StuffOnHire has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Registered Users pursuant to these Terms, in no event will StuffOnHire’s aggregate liability arising out of or in connection with these Terms and your use of the StuffOnHire Marketplace including, but not limited to, from your publishing or booking of any Listings via the StuffOnHire Marketplace, or from the use of or inability to use the StuffOnHire Marketplace and in connection with any Listed Service, or interactions with any other Registered User, exceed the amounts you have paid or owe for bookings via the StuffOnHire Marketplace as a Registered User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Listing Registered User, the amounts paid by StuffOnHire to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between StuffOnHire and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at StuffOnHire’s option), indemnify, and hold StuffOnHire and its affiliates and subsidiaries, including but not limited to, StuffOnHire officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the  StuffOnHire Marketplace or any StuffOnHire Services, (iii) your interaction with any Registered Users, or use/operation of a Listed Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction participation or use, (iv) or your breach of any laws, regulations or third party rights.

  1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the StuffOnHire Marketplace (“Feedback“). You may submit Feedback by emailing us, through the Contact section of the  StuffOnHire Marketplace, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

  1. Applicable Law and Jurisdiction

20.1 The laws of your Registered User jurisdiction and country of registration will apply in all circustances.

  1. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between StuffOnHire and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between StuffOnHire and you in relation to the access to and use of the StuffOnHire Marketplace.

21.2 No joint venture, partnership, employment, or agency relationship exists between you and StuffOnHire as a result of this Agreement or your use of the StuffOnHire Marketplace.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 StuffOnHire’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without StuffOnHire’s prior written consent. StuffOnHire may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

21.7 Unless specified otherwise, any notices or other communications to Registered User permitted or required under this Agreement, will be provided electronically and given by StuffOnHire via email, StuffOnHire Marketplace notification, or messaging service.