Marketplace Terms & Conditions

1. Eligibility#

1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
   1. over the age of 18 years and accessing the Platform for personal use; or
   2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" or "User" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. Accounts#

Account Registration and Information

1. In order to use the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Floatin from time to time.
3. You warrant that any information you give to Floatin in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
4. You may register for an Account using your Google or Apple or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
5. Once you complete the Account registration process, Floatin may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
6. Floatin reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
7. Floatin may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

Account and Platform Correspondence

1. Upon registering an Account, Users can also communicate with each other via the messaging and chat function (Message and Chat Function).
2. Correspondence between Users must take place on the Platform using the Messaging and Chat Function. You agree to ensure that your Account, any Listings and Offers do not display any of your personal contact information. You agree to not give your contact details to any other User.
3. We may correspond with you via the email or mobile phone number set out in your Account.

Account Security

1. You agree that you're solely responsible for:
   1. maintaining the confidentiality and security of your Account information and your password; and
   2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
2. You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
3. We won't be responsible to you for, and exclude any liability for damages or loss (including consequential loss) arising from or in connection to a failure by you to maintain the security of your Account information or your password.

3. User Obligations#

As a User, you agree:

1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Floatin of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
   1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
   2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Floatin;
4. not to act in any way that may harm the reputation of Floatin or associated or interested parties or do anything at all contrary to the interests of Floatin or the Platform;
5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Floatin;
6. that Floatin may change any features of the Platform or Services offered through the Platform at any time without notice to you;
7. that information given to you through the Platform, by Floatin or another User including an Owner, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
8. that Floatin may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. Posted Materials#

Warranties

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
2. the Posted Material is accurate and true at the time it is provided;
3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
8. the Posted Material does not breach or infringe any applicable laws.

Licence

1. You grant to Floatin a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Floatin to use, exploit or otherwise enjoy the benefit of such Posted Material.
2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Floatin from any and all claims that you could assert against Floatin by virtue of any such moral rights.
3. You indemnify Floatin against all damages, losses, costs and expenses incurred by Floatin arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

Removal

1. Floatin acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Floatin may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
2. You agree that you are responsible for keeping and maintaining records of Posted Material.

5. Identity Verification#

1. (Verification) To provide you with a secure user experience, we require all Users to verify their details (including their identity) using our processes or an external identity verification service as applicable using Stripe's Identity service (Verification Service). You can view further information on Stripe's verifications checks here.
2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
   1. we may contact and share your personal information with a Verification Service to verify your details;
   2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
3. We may charge non-refundable fees for the Verification Service, as set out on the Platform.
4. In signing up to the Platform, Floatin will allow the User to amend or update the User's address at no charge for the first address amendment request (Address Change). Subsequent Address Changes will incur a fixed-fee cost as set out on the Platform. The User acknowledges and agrees that this is in consideration for Floatin's genuine pre-estimate costs as part of maintaining the Verification Service.
5. (Warranty and Indemnity) You acknowledge and agree that:
   1. despite the benefits of the Verification Service, we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
   2. you should (and are strongly recommended by Floatin) make your own inquiries as to other Users' identities before engaging in contracts with those Users; and
   3. we do not endorse any User, Listing or Verification Service.

6. Online Payment Partner#

1. We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.
3. You agree to release Floatin and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

7. Ratings and Reviews#

1. Customers may rate a Listing, and Owners may rate a Customer (each a 'Rating') and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).
2. Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
3. Users must provide true, fair and accurate information in their Reviews.
4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
6. You must not publish Reviews for Users to which you have personal or professional relations.
7. Users can only write a Review about another User if they have had a renting or lending experience with that User, which means that:
   1. they have purchased a product or service from that Owner;
   2. they have sold a product or service to that Customer;
   3. you have placed an order with the Owner;
   4. you have had an order placed with you by the Customer; or
   5. you can otherwise document that you had a purchase or sale, renting or lending experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Service Experience).
8. You must only write about your own Service Experience. You are not permitted to write a Review about somebody else's Service Experience, such as that of a family member or friend.
9. You must not write a review about an Owner you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Owner, or work for the Owner. Similarly, you must not write a Review about a direct competitor to the Owner you own, are employed by or work for.
10. Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
11. You must be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.

8. Service Limitations#

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Platform may have errors or defects (or both, as the case may be);
2. the Platform may not be accessible at times;
3. messages sent through the Platform may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Platform may not be secure or confidential; and
5. any information provided through the Platform may not be accurate or true.

9. Intellectual Property#

1. Floatin retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Floatin or as permitted by law.
3. In this clause 9, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. Third Party Content#

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Floatin accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. Third Party Terms#

1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

12. Disputes Between Users#

1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Floatin using the Platform's functionality. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
4. Floatin has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
5. Floatin reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
6. If you have a dispute with Floatin, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
7. Notwithstanding any other provision of this clause 12, you or Floatin may at any time cancel your Account or discontinue your use of the Platform.

13. Security#

Floatin does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. Disclaimer and Limitation of Liability#

Introduction Service

Floatin is a medium that facilitates the introduction of Customers and Owners for the purposes of renting, lending, buying and/or selling Goods. Floatin simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Owners in relation to such services or otherwise resulting from the introduction.

Limitation of Liability

1. To the maximum extent permitted by law and subject to clause 14.2(b), the total liability of each party (being you, the User and us, Floatin) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
2. Clause 14.2(a) does not apply to your liability in respect of loss or damage sustained by Floatin arising from your breach of third party intellectual property rights.

Warranties and Representations

1. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
2. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Consequential Loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Floatin, except:

1. in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

15. Confidentiality#

You agree that:

1. no information owned by Floatin, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
2. all communications involving the details of other users on this Platform and of the Owner are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. Privacy#

You agree to be bound by the clauses outlined in Floatin's Privacy Policy, which can be accessed here.

17. Collection Notice#

1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

18. Notice Regarding Apple#

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

1. this agreement is between you and Floatin and not with Apple. Apple is not responsible for the Services or any content available on the Services;
2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
3. in the event of any failure of Floatin to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Floatin's responsibility;
4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
   1. product liability claims;
   2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
   3. claims arising under consumer protection, privacy, or similar legislation;
5. in the event of any third party claim that the Services or your use of the Services infringes any third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
6. that you represent and warrant that:
   1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting' country; and
   2. you are not listed on any U.S. Government list of prohibited or restricted parties;
7. you must comply with applicable third party terms of this agreement when using the Services; and
8. Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

19. Termination#

1. Either Floatin or the User may terminate the User's account at any time (including any listings, memberships or Accounts) for any reason.
2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform's functionality where available. Where such functionality is not available, Floatin will effect such termination within a reasonable time after receiving written notice from the User.
3. In the event that a User's Account is terminated:
   1. the User's access to all posting tools on the Platform will be revoked;
   2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Listings or requests); and
   3. the User may be unable to view the details of other Owners (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

20. Tax#

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Floatin will not be held accountable in relation to any transactions between Customers and Owners where tax related misconduct has occurred.

21. Record / Audit#

To the extent permitted by law, Floatin reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Floatin.

22. Notices#

1. A notice or other communication to a party under this agreement must be:
   1. in writing and in English; and
   2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
   1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
   2. when replied to by the other party, whichever is earlier.

23. General#

Governing Law and Jurisdiction

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word "includes" and similar words in any form is not a word of limitation; and
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

1. Eligibility and Qualifications#

1. Although Floatin employs the Verification Service to verify the identity for all Users, Floating recommends that you conduct your due diligence at all times and verify that the Customer is over 16 years old or has their parent or guardian's consent to use the Platform, particularly in interactions that occur outside the Platform such as upon collection and/or delivery of the Goods.
2. If any licences, permits, authorisations or qualifications (Customer Qualifications) are required in order for Customers to lawfully use hire Goods or equipment you must verify that the Customer holds such Customer Qualifications before handover of the Good takes place.
3. If in any of your Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Floatin that you do hold such Qualifications and if requested, will promptly provide Floatin with evidence of the Qualifications.
4. You must comply with all of your obligations under any applicable law.

2. Listings#

You acknowledge and agree that:

1. you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Listing), including completing the relevant fields using the functionality provided by the Platform such as:
   1. your Quoted Amount (as defined in clause 2(e));
   2. your preferred Cancellation Policy (as defined in clause 9);
   3. the availability of the Goods;
   4. your collection and/or delivery policy for the relevant Goods; and
   5. any other relevant details, information or fields required by the Platform.
2. Floatin may choose not to accept any Listing you submit to the Platform, and Floatin may limit the number of Listings you can submit to the Platform;
3. Floatin does not allow the hire of and/or sale of prohibited goods as set out on the Website (Prohibited Goods), including but not limited to:
   1. any goods with a listed value that exceeds the maximum monetary threshold as specified in the Platform or the Website from time to time;
   2. any goods that involve the sale, distribution, or trade of which is prohibited, restricted, or regulated under applicable local laws, including but not limited to:
      • controlled substances, narcotics, and illegal drugs;
      • stolen goods or items obtained through fraudulent means;
      • counterfeit products, replicas, or items infringing third party intellectual property rights;
      • unlicensed pharmaceuticals and prescription medications;
      • weapons and dangerous items, such as firearms, explosives or ammunition;
      • motor vehicles and automobiles;
      • hazardous and regulated materials, including asbestos-containing materials; and
      • any other goods or services that Floatin, in its sole discretion, determines to be inappropriate, dangerous, offensive, or inconsistent with the Platform's guidelines.
4. for each Listing you submit on the Platform, if a Customer agrees to rent or purchase Goods via that Listing, Floatin will collect a Service Fee (defined in clause 8 of Part B below);
5. for any Goods, you must only charge each Customer the amount you have quoted as being payable by a Customer in the relevant Listing for the Good(s) described in that Listing (GST inclusive) (Quoted Amount), minus the Service Fee (the Remaining Balance) and you must not try to claim the Service Fee, or any other additional amount, from the Customer for the Goods;
6. the Quoted Amount will be paid by the Customer to the Online Payment Partner, and Floatin will ensure that the Online Payment Partner pays the Remaining Balance to your nominated bank account within a reasonable time after the hire period or sale in the Listing is completed, subject to clauses 3, 4 and clause 8 respectively (Completion);
7. unless otherwise agreed in writing between the Owner and the Customer, the delivery of Goods to the Customer is the responsibility of the Owner;
8. you may charge for delivery of Goods to the Customer as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable;
9. any information you supply in a Listings must be true, timely and accurate;
10. you must take all reasonable steps to complete the services as described in every Listing that is accepted by a Customer, including by not cancelling any part of such a Listing;
11. you must deal with any dispute with a Customer in accordance with clause of Part A;
12. Floatin reserves the right to allocate the Remaining Balance between a Customer and an Owner in accordance with:
    1. any other agreement between that Customer and Owner, as notified to Floatin; or
    2. Floatin's right to disperse funds as it sees fit in circumstances of a dispute (clause 12 of Part A);
13. any additional terms and conditions relating to a Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve Floatin in any way, except that they must not be inconsistent with your or the Customer's obligations under this agreement; and
14. Floatin will have no responsibility for the accuracy, reliability or timeliness of any Customer's response to a Listing.

3. Sale of Goods#

Offers and Acceptance

1. This clause 3 of Part B shall only apply to Listings that relate to the sale of Goods.
2. Upon the Customer accepting the Listing or your offer via the Platform, a contract is formed between you and the Customer when the Customer submits Acceptance via the Platform (Acceptance).
3. By making a Listing, you represent and warrant that:
   1. you are genuinely able to provide the Good requested by the Seller;
   2. the Good exactly matches the description in the Listing or if the Good only substantially matches the description, the Customer has agreed; and
   3. you own the Good or you have the right to sell the Good.

Confirmation of Delivery and Release of Remaining Balance

1. Once a Customer has confirmed Acceptance, the Customer will pay the Quoted Amount via the Platform. Payment of the Quoted Amount will be processed by the Online Payment Partner.
2. If the Platform has a confirmation function, you must submit a confirmation of delivery via the Platform when you have delivered the Good to the Customer. You must otherwise update the Platform when you have delivered the Good to the Customer (each an Owner Confirmation).
3. Delivery of the Good must be to the address set out in the Customer's account with the Online Payment Partner. You must not deliver the Good to any other address.
4. Owner Confirmation may only be made once the Good has been received by the Customer. The Customer will be considered to have received the Good if it has been delivered in person by you or if delivered by mail, you receive confirmation of delivery.
5. Once the Owner Confirmation has been made, the Customer can then submit a confirmation to accept the Good via the Platform (Customer Confirmation) and the sale will be deemed Completed. The Remaining Balance will then be released to you.
6. The Remaining Balance will also be automatically released to you after the Owner Confirmation has been made and Customer does not submit the Customer Confirmation within 24 hours.
7. It may take additional time for actual funds for the Remaining Balance to be made available in your account with the Online Payment Partner.
8. If there are any issues or problems with a Customer, you must deal with the dispute in accordance with clause ‎12 of Part 1. You must submit a dispute as soon as possible. Once the Customer Confirmation has been submitted including if it is submitted automatically in accordance with clause 3(f), you won't be able to submit a dispute.

4. Return and Inspection#

1. This clause 4 of Part B shall only apply to Listings that relate to the hire or rental of Goods.
2. Prior to or on the commencement of the hire period, the Customer is required to inspect the condition of the Goods and provide photographic evidence by way of an inspection report using the Platform's functionality (Inspection Report). You acknowledge and agree to confirm the condition of the Goods to the Customer upon receipt of the Inspection Report.
3. Upon expiration of the agreed hire period, the Customer will return the Goods to the Owner in the same condition as when it was received, with reasonable wear and tear excepted.
4. The Customer will be responsible for any loss or damage to the Goods from the time of delivery or collection until the time of return to the Owner.
5. You will have 24 hours from the date of return to inspect the Good and compare the condition of the Goods to the Inspection Report. In the event the Good is deemed damaged, compromised, or faulty as a result of the Customer's use, you must deal with the Customer personally. Otherwise, upon return, the hire is considered Completed in accordance with clause 2(f) of Part B.

5. Damaged or Unreturned Goods Liability#

1. To the maximum extent permitted by law, Floatin excludes all liability in respect of loss or damage sustained directly or indirectly from damage to, or non-return of any Goods provided to a Customer via the Platform by you. You agree and acknowledge that any Goods you list for rent or sale on this Platform and/or provide to Customers are listed and/or rented or sold at your own risk.
2. Floatin does not provide or arrange insurance for any Goods listed, rented or sold via the Platform. You are solely responsible for assessing your own risk exposure and are strongly encouraged to obtain appropriate insurance cover (including for loss, theft, damage or any applicable public liability risks) if required.

6. Service Requests#

1. From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your Listings, though Floatin does not guarantee this.
2. When the Platform directs you to a Service Request, you will be able to view details of the specific services requested, however you will not be able to view the contact details of the Customer who submitted the Service Request.
3. If you pay the relevant fees set out on the Platform in respect of unlocking a Service Request, you will be able to view the details of the Customer who posted that Service Request.

7. Provision of Services#

1. You must ensure that all services specified in a Listing that is accepted by a Customer are provided:
   1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
   2. with due care and skill and in a professional, punctual and diligent manner;
   3. so that the services are fit for their intended purpose; and
   4. on the date and at the times set out in the Listing.
2. You acknowledge and agree that a Customer may review any Listing or services you provide under a Listing on the Platform in accordance with clause 7 of Part A of this agreement.
3. If a Customer requests to reschedule the delivery time for the services listed in a Listing, you may choose to accept or reject such a request.

8. Fees#

1. Viewing and posting a Listing on the Platform is free.
2. Once a Customer accepts a Listing on the Platform, the Customer will be prompted to pay the Quoted Amount to you via the Online Payment Partner.
3. After the Online Payment Partner receives payment from the Customer, we will ensure that the Online Payment Partner transfers the Remaining Balance to you within a reasonable time upon Completion.
4. The service fee will be the percentage of the Quoted Amount specified on the Platform from time to time, plus any fee payable for the transaction to the Online Payment Partner ('Service Fee').
5. The Online Payment Partner will hold the Remaining Balance for the duration of the hire period or for a reasonable period (if it relates to a sale) after receiving it from a Customer until Completion.
6. You may request the Remaining Balance be paid to you earlier, by providing evidence that the relevant Good has been dispatched to the relevant Customer. We may approve such requests, at our absolute discretion, and we may require Owners to pay additional fees in consideration for such approval.
7. Floatin reserves the right to change or waive the Service Fee at any time by updating this agreement on the Platform.
8. You:
   1. appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting your Remaining Balance from the Customer;
   2. agree that payments made by Customers to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
   3. agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner's current payment terms are available here: https://stripe.com/docs/payouts.

9. Refunds & Cancellations#

1. This clause 9 of Part B shall only apply to Listings that relate to the hire or rental of Goods.
2. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Listing, before you have performed all the relevant services, you must contact us using the Platform's functionality, including by providing details as to why you are cancelling. If Floatin decides to investigate your request, you must provide assistance and information to Floatin as reasonably requested.
3. Otherwise, your Listing must set out your preferred cancellation policy, which as at the date of this agreement, includes three (3) tiers, being:
   1. that a Customer cannot cancel 14 days in advance of the commencement of the hire period (Strict);
   2. that a Customer cannot cancel 7 days in advance of the commencement of the hire period (Moderate); and
   3. that a Customer can cancel 24 hours in advance of the commencement of the hire period (Flexible),

   together are defined as the "Cancellation Policy".

4. The scope for each tier of the Cancellation Policy is set out on the Platform.
5. If a Customer cancels the Listing prior to the commencement of the hire period, then subject to the cancellation satisfying the relevant Cancellation Policy for that Listing, Floatin will refund the Quoted Amount back to the Customer, less the Service Fee.
6. However, if we accept your request to cancel a service set out in an accepted Listing, we may take one or more of the following actions:
   1. cancel your Account and/or any membership you hold in connection with the Platform;
   2. refund the Quoted Amount to the relevant Customer; and
   3. if we refund the Quoted Amount, require you to pay the Service Fee, and if required, issue you with an invoice for that amount.
7. The Service Fee is by default non-refundable for change of mind and applies to all tiers of Cancellation Policies in clause 9(c).
8. You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Listing.

10. Bypassing#

1. You agree that while you are an Owner on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
2. Floatin may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 10.

11. Binding Contract#

You agree that when a Customer submits an enquiry in response to your Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer's offer.

12. Warranties#

By listing yourself as an Owner on the Platform, posting a Listing or responding to a Service Request, you represent and warrant that:

1. you are able to fulfil the requirements of the services specified in the Listing or Service Request;
2. you will provide services to each Customer:
   1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
   2. in compliance with all applicable laws; and
3. any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

1. Listings, Service Requests and Fees#

1. You acknowledge and agree that:
   1. if you respond to a Listing or confirm a Service Request once an Owner responds to it, that will constitute your offer and intention to enter into a contract with the Owner (Acceptance);
   2. for each offer you submit in response to a Listing on the Platform that is accepted by the relevant Owner, the Quoted Amount will be debited from your Account and Floatin will keep a Service Fee which will be calculated as a percentage of the Quoted Amount;
   3. any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Owner and do not involve Floatin in any way, except that such terms and conditions must not be inconsistent with your or the Owner's obligations under this agreement.
2. When you submit a Service Request on the Platform, you must:
   1. only submit requests that are bone fide and accurate; and
   2. truthfully fill out all the information requested by the Platform in relation to the Service Request.

2. Return and Inspection#

1. This clause 2 of Part C shall only apply to Listings that relate to the purchase of Goods.
2. You must complete an inspection of the Goods on or before the commencement date of the hire period and submit an Inspection Report via the Platform's functionality.
3. You must ensure the Inspection Report is accurate, honest, complete and supported by clear photographs or videos showing the condition of the Goods at the time of inspection.
4. If you fail to submit an Inspection Report within the required timeframe:
   1. you acknowledge and agree that proceeding on this basis is at your own risk;
   2. you will be deemed to have accepted the Goods as being in satisfactory condition at the commencement of the hire period; and
   3. that any damage, defect, fault or missing component identified upon return of the Goods may be attributed to you.
5. If you identify any damage, defect, fault or missing component during your inspection, you must report it in the Inspection Report and notify the Owner via the Platform before using the Goods. The Owner may, at its discretion, decide how to address the issue, including by repairing, replacing or withdrawing the Goods from hire.
6. You acknowledge and agree that the Inspection Report may be relied upon by Floatin when assessing any dispute or claim relating to damage, loss or the condition of the Goods. If no Inspection Report is submitted, Floatin may determine such disputes on the basis of the Owner's evidence alone.
7. Submission of an Inspection Report by you does not limit the Owner's right to inspect the Goods upon return in accordance with this Agreement.
8. If there are any issues or problems with the Good or the Owner, you must deal with the dispute in accordance with clause 12 of Part A.

3. Confirming Receipt or Delivery of a Good#

1. This clause 3 of Part C shall only apply to Listings that relate to the purchase of Goods.
2. Payment for a Good will be held by our Online Payment Partner until you submit a confirmation of your acceptance of a Good (Customer Confirmation) via the Platform.
3. You acknowledge and agree that Customer Confirmation will constitute Completion of the sale for the purposes of clause 2(f) of Part B and payment for a Good will be automatically released to the Owner if the Customer Confirmation is not submitted within 3 days of delivery of the Good. The Good will be considered delivered if delivered in person by the Owner or if delivered by mail confirmation of delivery is received by the Owner.
4. If there are any issues or problems with the Good or the Owner, you must deal with the dispute in accordance with clause 12 of Part A. Do not submit the Customer Confirmation if there is an issue with or problem with the Good. Once the Customer Confirmation has been submitted including if it is submitted automatically in accordance with clause 3(b), you won't be able to submit a dispute.

4. Payment#

General

1. (Payment obligations) Unless otherwise agreed in writing with the Owner, you must pay for all services specified in an accepted Listing prior to the Owner performing those services.
2. (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
3. (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Owner, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

Late Fees

1. If you fail to return the Goods to the Owner by the end of the agreed hire period, you will be liable to pay a late fee (Late Fee).
2. The Late Fee will be calculated as 25% of the Quoted Amount for each hour (or part thereof) that the Goods are returned late, up to a maximum of 100% of the Listing's Quoted Amount for any 24 hour period of delay.
3. The Late Fee forms part of the total amount payable by you under the relevant Listing. You authorise the Online Payment Partner to charge the Late Fee to the payment method linked to your Account.
4. You acknowledge and agree that:
   1. the Online Payment Partner collects Late Fees as the Owner's limited collection agent;
   2. the Online Payment Partner may deduct the Service Fee from the Late Fee; and
   3. the balance of the Late Fee (Your Late Fee) will be paid to the Owner in the same manner and timing as the Remaining Balance under clause 8 of Part B.
5. Floatin may, at its absolute discretion, withhold or release Late Fees in the event of a dispute, or allocate Late Fees between an Owner and a user in accordance with clause 12 of Part A.
6. If you do not pay the Late Fee when due, Floatin may take one or more of the following actions:
   1. suspend or cancel your Account;
   2. refuse your future access to the Platform; or
   3. take steps to recover the Late Fee on behalf of the Owner, including by issuing invoices or initiating payment collection via the Online Payment Partner.
7. You acknowledge and agree that Floatin does not guarantee the recovery of any Late Fee and is not responsible for any loss suffered by an Owner in connection with your failure to pay a Late Fee.

5. Cancellation and Refunds#

1. If an Owner cancels a Listing after it has been accepted, Floatin will refund to you the Quoted Amount paid for that Listing, and this will be your sole remedy in connection with that cancellation. You will not be entitled to any additional compensation or reimbursement, including the Service Fee
2. If you wish to cancel a Listing after it has been accepted, you must do so using the Platform's functionality. If Floatin decides to investigate your cancellation request, you must provide Floatin with any assistance or information reasonably required.
3. Your entitlement to a refund of the Quoted Amount will depend on the Cancellation Policy selected by the Owner in the relevant Listing, being either Strict, Moderate or Flexible.
4. For the avoidance of doubt, cancellations made outside the non-refundable period for the applicable tier of the Cancellation Policy will entitle you to a refund of the Quoted Amount, less any non-refundable Service Fee.
5. If you cancel a Listing within the non-refundable period under the applicable Cancellation Policy, you will not be entitled to any refund, and the Owner will receive the Remaining Balance once Completion is deemed to have occurred under clause 8 of Part B.
6. The Service Fee is non-refundable unless Floatin expressly determines otherwise, in its sole discretion or if required under applicable consumer laws.
7. Floatin may cancel a Listing at any time if required for operational, technical, safety, or compliance reasons. If Floatin cancels a Listing, you will receive a full refund of the Quoted Amount, and no cancellation charges will apply.

6. Introductory Services Only#

You acknowledge and agree that:

1. the Platform provides links and introductions to Owners owned and operated by third parties that are not under the control of Floatin (Unaffiliated Businesses);
2. the provision by Floatin of introductions to Owners does not imply any endorsement or recommendation by Floatin of any Owner;
3. Floatin does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Owner who uses or Good that is listed on the Platform; and
4. any terms and conditions relating to a Listing or quote provided via the Platform constitute a contract between you and the Owner once agreed in accordance with clause 1 and do not involve Floatin in any way.

7. Communication Outside the Platform#

1. You acknowledge and agree that the terms set out in this agreement are intended to secure the functionality of the Platform and to facilitate a smooth transaction, therefore you must not communicate with an Owner, or request or entice an Owner to communicate with you, outside the Platform (except in the course of accepting Owner services that were agreed in a Listing or Service Request).
2. Floatin, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.