Terms of SERVICE

Last Updated 2nd December 2024

Please read these terms of service carefully before using Our Platform.
The following Terms and Conditions ("Agreement") govern your access to and use of the UrbanHires application ("App") provided by UrbanHires Apparel Pty Ltd T/A UrbanHires. By accessing or using the App, you agree to be bound by this Agreement.

Interpretation:

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

For the purposes of these Terms of Service:
Account” means a unique account created for You to access our Service or parts of our Service
“App” means the application software provided by UrbanHires downloaded on your smartphone
“Buyers” refers to users of the Service who are placing Orders for Goods
“Courier Services” means a third-party courier service provided through UrbanHires
“Item” means an individual object or item posted on UrbanHires
“Lender” means a user who makes a listing on UrbanHires for hire
“Listing” means when a Lender uploads an item for rent or for sale
“Order” means a request by members or users to purchase or hire any Item on the App
“Member” or “User” means a person who registers to make an account with UrbanHires
“Renter” means a user who rents off a Lender on UrbanHires
“Sellers” refers to users of the service who are listing Items for members to buy
“Service” refers to the app  

1. App Usage:

1.1 Eligibility:
To access UrbanHires, you must become a member by:
- creating an Account (“The UrbanHires Account”);
- undertaking a two Factor Authentication;
- completing a government-issued identity documentation check; and
- providing and maintaining an accurate and up-to-date profile.

1.2 UrbanHires:
The App allows members to rent and sell out their wardrobe to other individuals ("Lender") for a specified period. Renters can browse available clothing and accessories listings, make reservations, and arrange pick-up or delivery through the UrbanHires App.

1.3 Account Registration:
Registration can be conveniently completed directly on our App or through the integration of third-party social networking sites (SNS) like Facebook, Apple or Google. By connecting your UrbanHires account with a Third-Party Account, you authorise UrbanHires to securely access and store the content available in your Third-Party Account, ensuring its seamless availability on our platform.

At UrbanHires, we prioritise the security and authenticity of our users' transactions and interactions. That's why we have integrated Stripe Identity offering an enhanced level of assurance that the individuals registering on UrbanHires are indeed who they claim to be. By leveraging this innovative solution, we can ensure greater security, privacy, compliance, and verification for a wide range of use cases across Australia. The integration of Stripe Identity by provides a seamless and reliable method for identity verification, adding an extra layer of trust and confidence to our platform. This robust solution plays a vital role in safeguarding the integrity of our users' transactions and reinforces our commitment to maintaining a secure and trustworthy environment for all UrbanHires users.

1.4 Two-Factor Authentication:
UrbanHires prioritises the security of member’s accounts and employs two-factor authentication as an additional layer of protection. Members will have to register their account using the 2FA bodies, which involves the use of one-time verification codes sent via SMS or email.

a) Twilio Programmable SMS: UrbanHires utilises Twilio Programmable SMS to send verification codes to member’s registered mobile number. By opting for 2FA, members consent to the receipt of SMS messages containing these codes.UrbanHires is not responsible for any delays, errors, or changes incurred during the delivery of SMS messages by Twilio Programmable SMS.

b) Twilio SendGrid: For members who prefer email-based verification codes, UrbanHires employs Twilio SendGrid to send these codes to member’s registered email addresses. By opting for 2FA, members consent to the receipt of emails containing these codes. UrbanHires is not responsible for any delays, errors, or issues related to the delivery of emails by Twilio SendGrid.

Members are responsible for maintaining the security and confidentiality of their account credentials, including any verification codes received through 2FA. Members must not share their verification codes or allow unauthorised access to their accounts. UrbanHires shall not be held liable for any unauthorised access, misuse, or loss of account information resulting from member negligence or failure to comply with security measures.

By using UrbanHires' services, users acknowledge and accept the use of two-factor authentication (2FA) through Twilio Programmable SMS and Twilio SendGrid for account security purposes. Users understand that UrbanHires relies on the functionality and reliability of these third-party services and will not be held responsible for any issues arising from their use.

1.5 User Responsibility:
As a member of the UrbanHires App, you are solely responsible for your interactions with other members. We do not endorse or guarantee the condition, quality, safety, or legality of the clothing listed on our App. You agree to use the App at your own risk.

UrbanHires assumes no liability for any communication between users outside of the UrbanHires App.    

1.6 Modification:
UrbanHires reserves the right, in its sole discretion, to make changes to its App, Services, or its Terms, including the Service Fees, at any time and without prior notice. In the event of any modifications, we will either post the updated Terms on the App. The ‘Last Updated Date’ at the top of these Terms will reflect the latest revision. By continuing to access or use the App or Services after a modification has been posted or notice has been provided, you acknowledge and agree to be bound by the revised Terms.

1.7 Account Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

In-App Chat and Contact Between Lenders and Renters, and Sellers and Buyers:
At UrbanHires, our in-chat messaging and calling feature is designed to facilitate communication between renters and lenders. This feature is enabled as soon as the lender approves your rental request, allowing you to discuss details, coordinate the pickup or delivery, and address any questions you may have. The chat remains accessible throughout the rental period and once the item is confirmed as returned in re-hireable condition, providing a window for emergency contact if needed. Our goal is to offer a seamless and secure communication platform for our users, ensuring that all your interactions are straightforward and efficient.

For any issues or concerns beyond this timeframe, please do not hesitate to contact our support team at support@urbanhires.com. We're here to assist you with any questions or problems that may arise, ensuring that your experience with UrbanHires is smooth and stress-free.

3. Payment:
To enhance transaction security and efficiency, UrbanHires utilises Stripe to manage payments. Payment to the lender is withheld until the renter has confirmed its satisfactory condition, with no issues reported within the two-hour window following the item being received. This ensures both parties are protected and transactions are successfully completed.

Here's how the process works:
1. Renters initiate the payment for the rental, which is securely held by Stripe until the transaction is confirmed.
2. After receiving the item, renters have a 2-hour window to report any issues. If no issues are reported, they confirm the item's condition, indicating satisfaction.
3. UrbanHires monitors the delivery and condition confirmation through the backend.
4. Once the 2-hour window passes without any reported issues, Stripe releases the payment to the lender.

By implementing this process, we aim to provide peace of mind to both renters and lenders, ensuring that payment is received only after the item has been shipped and received as expected. This helps maintain the integrity of transactions and fosters a trustworthy community within the UrbanHires platform. Please be aware, Stripe may take 3-5 Business Days to complete the payment to the lender's nominated bank account. Should the lenders documentation not be up to date, causing an issue with payouts, Stripe will reach out directly to the lender.

3.1 Deposit/Bond:
For all sales made on the UrbanHires App, a deposit (Bond) equivalent to ten percent (10%) of the hire price will be required. The deposit serves as a form of security to safeguard the lender’s interests and ensure the safe return of the item.

To ensure transparency and accountability in our rental process, UrbanHires requires specific actions before and after the hire period. Upon dispatching an item, lenders must upload at least two photographs of the item via the app. Similarly, renters are required to take photographs of the item upon receipt, as prompted by a notification from the app. These pre- and post-hire tasks will serve as evidence of the item’s condition at the point of receiving the item and returning the item.
The deposit/bond amount will be held by UrbanHires until the item is returned to the lender in its original condition, as verified through the comparison of the photographs taken by both parties. If no damage or significant deviations from the original condition are identified, the deposit/bond will be returned to the renter.

In the event of a claim regarding the item’s condition, UrbanHires will refer to the photographs taken by the lender and renter as part of the investigation process. These photographs will be utilised to assess the extent of any damages or discrepancies and determine the appropriate course of action. If members do not follow this process, they will not be covered under the “Guarantee”, even if selected to be covered by our Guarantee.

It is required for both lenders and renters to actively participate in the photographic documentation process to ensure a fair and accurate representation of the item’s condition. By adhering to this requirement, UrbanHires aims to provide a transparent and reliable platform for all members, and effectively address any claims or disputes that may arise during the rental period.

3.2 Hire Fee:
At UrbanHires, we believe in simplifying the rental process for both lenders and renters. To ensure a seamless and hassle-free experience, we encourage our lenders to include the cleaning cost within their hire fees. By incorporating the cleaning expense upfront, lenders can provide a transparent and consistent pricing structure, eliminating the need for renters to worry about cleaning before returning the items. This approach not only streamlines the rental process but also helps to manage costs efficiently, making the entire experience more straightforward and convenient for all parties involved. We understand the importance of clarity and consistency, and by adopting this practice, lenders can confidently offer their items while renters can enjoy a stress-free return process. At UrbanHires, our goal is to enhance the rental journey by creating a system that benefits everyone and fosters a sense of trust and reliability within our community.

3.3 Service Fee:
UrbanHires charges a service fee for facilitating transactions through the UrbanHires App. UrbanHires collects a service fee of 10% on each sale made on the platform. This fee is calculated based on the total transaction amount, excluding any applicable taxes or additional charges. By using the UrbanHires App and engaging in transactions, you acknowledge and agree to the service fee of ten percent (10%) as outlined in these terms and conditions. UrbanHires reserves the right to adjust the service fee percentage in the future, and any changes will be communicated to members in advance.

3.4 Guarantee Fee:
UrbanHires offers a guarantee for items rented through the platform for certain items. For items with an original value of up to five hundred dollars ($500.00AUD), lenders have the option to choose guarantee coverage when creating the item listing. Once an item is listed by the lender, the option for the guarantee cannot be added afterward and must be selected during the initial listing process. It is the lender’s responsibility to select this option, as UrbanHires does not assume any liability for items that are not covered under the Guarantee Fee. If the lender opts for guarantee coverage, UrbanHires will charge a guarantee fee of ten percent (10%) of the rental price to provide protection for the item during the rental period. In case of items with an original value exceeding five hundred dollars ($500.00AUD), a higher guarantee fee of twenty percent (20%) of the item hire price will be applied. The guarantee fee, if selected, will be deducted from the pay-out to the lender. It is important to note that the guarantee coverage is subject to the terms and conditions outlined in the guarantee policy provided by UrbanHires.

For items valued over $500AUD, UrbanHires has implemented a strict policy to ensure their safe delivery. In order to minimise the risk of theft or damage, items must be rented by members within the same state as the lender, as items over the total item value of $500.00 AUD are strictly limited to Self-Pickup & Self-Return. You can use the in-app chat feature once the vendor has accepted your order to discuss Pickup & Return details. We appreciate your understanding as we strive to provide a secure and reliable rental experience for all our members. This precautionary measure is aimed at protecting high-end products from potential incidents that may occur during third-party delivery. Ensuring the safety and security of your valuable items is our top priority.

Please note that UrbanHires restricts access to delivery partners for orders over the total item value of $500.00 AUD. Our coverage is limited to a maximum of $500.00 AUD, even if you opt for the Guarantee Fee. This policy is in place to prioritise the safety and security of your valuable items.

UrbanHires strongly advises against posting an item interstate if the item value exceeds $500AUD. In the rare instance that such a posting occurs, our Guarantee coverage will be limited to specific circumstances. This coverage encompasses situations where, but not exceeding $500AUD if;

a) the item is not returned (indicating potential theft)
b) lost during transit (subject to appropriate evidence),
c) or returned with damage beyond common wear and tear. For more information on our common wear and tear policy, please refer to clause 5.6.

We understand that accidents can happen, and we are committed to providing assistance within the scope of our Guarantee policy.

However, it is essential to note that misuse of this policy, such as lenders attempting to exploit or make unfounded claims, will not be tolerated. UrbanHires closely monitors account activity and reserves the right to deactivate the account of any lender found engaging in fraudulent or improper behaviour. This ensures a fair and trustworthy platform for all users. We are committed to maintaining the integrity of our community and will take appropriate action to address any abuse of our services. Our team is dedicated to providing a safe and reliable rental experience, and we encourage renters to contact our support team promptly if they encounter any issues with their rentals. We will thoroughly investigate and address any legitimate concerns raised by our members. Your satisfaction and the protection of your valuable items are of utmost importance to us.

To ensure both transparency and choice in our coverage options, the $500AUD UrbanHires Guarantee is available only if selected during the item listing process. Once an item is posted, the guarantee option cannot be modified, and it will not apply if not initially chosen. To opt for this coverage, lenders must select the 'UrbanHires Guarantee' when listing a new product. Please be aware that the fee for this guarantee will be deducted from the payout received. This policy is designed to foster a trustworthy marketplace by offering additional protection for valuable items. Should you have any questions or require further assistance, please feel free to contact our dedicated customer support team, at support@urbanhires.com

3.5 Late Fee:
In the event that the renter fails to return the rented item to the lender by the agreed-upon return date and time, UrbanHires imposes a late fee as compensation for the inconvenience caused to the lender. A late fee of ten dollars ($10AUD) will be charged for each day that the item remains unreturned after the designated return date. The late fee will be automatically charged to the credit card on file in the renter’s registered account. By using the UrbanHires App and engaging in transactions, you acknowledge and agree to the imposition of late fees in case of delayed returns. UrbanHires reserves the right to charge the credit card on file and/or any additional, payment methods added to your UrbanHires account, as well as taking any and all necessary actions to collect a payment, pursuing any available avenues to enforce the collection of outstanding fees. The implementation of late fees helps maintain a fair renting experience for lenders and discourages renters from disrupting the scheduling and availability of items.

4. Delivery and/or Postage:
UrbanHires has partnered with Uber Direct and DoorDash as delivery providers to facilitate the transportation and delivery of goods. UrbanHires assumes no liability or affiliation with any lost items during the delivery process. It is the lender’s responsibility to ensure the accurate delivery of items through their chosen provider. If Uber or DoorDash, or any other third-party delivery service, fails to deliver the item on time, or fail to deliver the item completely, please notify us immediately. UrbanHires will investigate the issue and, if it is confirmed that the delay was due to the delivery service, you will be eligible for a full refund including the delivery fees. UrbanHires has no responsibility for failure of delivery.

Once your item is dispatched via Uber or DoorDash, you'll receive a tracking link through SMS. Just click the link to access real-time tracking info. This feature will also be available in the app, allowing you to monitor your item's location and estimated delivery time directly from your UrbanHires account. With this feature, you can stay informed about the progress of your delivery and have peace of mind knowing the whereabouts of your item.

Here's how the process works:
1. Renters initiate the payment for the rental, which is securely held by Stripe until the transaction is confirmed.
2. After receiving the item, renters have a 2-hour window to report any issues. If no issues are reported, they confirm the item's condition, indicating satisfaction.
3. UrbanHires monitors the delivery and condition confirmation through the backend.
4. Once the 2-hour window passes without any reported issues, Stripe releases the payment to the lender.

By implementing this process, we aim to provide peace of mind to both renters and lenders, ensuring that payment is received only after the item has been shipped and received as expected. This helps maintain the integrity of transactions and fosters a trustworthy community within the UrbanHires platform.

For items valued over $500AUD, UrbanHires has implemented a strict policy to ensure their safe delivery. In order to minimise the risk of theft or damage, we require items rented by members within the same state as the lender are delivered personally by the lender, or posted using a trusted partner, such as AusPost. This minimises the risk of loss or damage during third-party transportation. We appreciate your understanding as we strive to provide a secure and reliable rental experience for all our members. This precautionary measure is aimed at protecting high-end products from potential incidents that may occur during third-party delivery. Ensuring the safety and security of your valuable items is our top priority.

5. Liability and Guarantee:

5.1 Guarantee Option:

The App provides an optional guarantee feature ("Guarantee Option") to protect your rented items against loss, theft, or damage during the rental period. By selecting the Guarantee Option and paying the associated fee, you will be covered under the provided guarantee policy. If you choose not to select the Guarantee Option, you will bear full liability for any loss, theft, or damage to your rented item.

For a detailed understanding of the eligibility criteria for our Guarantee, we kindly refer you to Clause 3.4 in our terms and conditions. It is important to note that several factors can impact the extent of coverage and what you may be eligible for under our Guarantee. Our team carefully evaluates each case based on the specific circumstances involved, ensuring a fair and comprehensive assessment.

At UrbanHires, we are committed to upholding the integrity of our services and maintaining a safe and trustworthy environment for our members. Should any misuse or abuse of the Guarantee be detected, including repeated unfounded claims or attempts to exploit the system, appropriate action, including account deactivation, will be taken. We value the trust and confidence placed in us by our community, and we are dedicated to safeguarding the interests of all users.

If you have any questions or require further clarification regarding our Guarantee and its eligibility criteria, please don't hesitate to contact our support team; support@urbanhires.com. We are here to assist you and ensure that your rental experience with UrbanHires is secure, reliable, and enjoyable.

5.2 Release of Liability:
By not selecting the Guarantee Option, you acknowledge and agree to release us from any liability arising from the loss, theft, or damage of your rented item. We will not be responsible for any financial or non-financial losses incurred due to the loss, theft, or damage of your rented item.

5.3 Authenticity of Items:
Members must ensure that only genuine, non-counterfeit clothing items are listed on the App. We do not tolerate the rental or listing of fake or counterfeit items. If we discover any fraudulent or counterfeit listings, we reserve the right to remove such listings and take appropriate action. UrbanHires reserve the right to secretly shop occasionally for the sole purpose of quality Guarantee for our renters.

At UrbanHires, we take the issue of counterfeit items very seriously to ensure a safe and reliable platform for our users. In the event that either UrbanHires or a renter suspects an item to be counterfeit, it is expected that the renter/buyer cooperates by sending the item to a designated team member at UrbanHires for a thorough inspection. Additionally, for items valued over $800AUD, the renter/buyer must furnish proof of purchase via the original receipt. In the event of a claim, these receipts must be under the renter's name and/or linked to their bank account. Counterfeit items are strictly prohibited on our platform, and we have a zero-tolerance policy toward such fraudulent activity. It is important to note that if an item is found to be counterfeit, UrbanHires does not offer financial compensation for lost, stolen, or damaged items outside of the terms and conditions specified for the Urban Guarantee feature, if activated. Furthermore, in cases where UrbanHires detects a counterfeit item, we reserve the right to deactivate the account associated with the fraudulent activity. We appreciate your cooperation in maintaining the integrity and authenticity of the items listed on UrbanHires. If you have any further questions or concerns, please do not hesitate to reach out to our dedicated support team.

5.4 Stolen and Damaged Goods:
The renter bears full responsibility for returning the rented item in the condition received. In the event that a lender makes a claim and provides evidence to UrbanHires of damage or non-return, including but not limited to photographs, you are obligated to compensate the lender by paying the Recommended Retail Price specified in the relevant listing or the applicable repair costs. Upon notification of the claim and being provided two (2) hours to respond, the payment will be charged to the credit card on file. In the event that the credit card cannot be charged or the alternative payment cannot be collected, you agree to remit the payment for any damages directly to the lender or to UrbanHires (if applicable). As a lender, you agree to promptly inform the renter of any claimed damage, including providing photographs, within 2 hours of receiving the returned item. It is important to note that direct communication between the lender and renter must be attempted before involving UrbanHires in the matter. UrbanHires will only intervene once all reasonable efforts for a satisfactory resolution have been exhausted. This clause emphasises the renter’s responsibility for the rented item’s condition while encouraging direct communication for efficient conflict resolution and positioning UrbanHires as a last resort for unresolved disputes.

5.5 Returns and Refunds:
At UrbanHires, we understand that circumstances may change, and we provide a cancellation policy to accommodate your needs.
If you wish to cancel your hire and it is more than four (4) days before the rental start date, you are eligible for a full refund including the item price, bond, delivery fees, but excluding the ten percent (10%) service fee. Though, after the four (4) day period you are not eligible for a refund and funds will be automatically transferred to the lenders selected bank on file. Please note that our ability to refund the rental fees and other charges will depend on the terms of the applicable cancellation policy, which can be found on our App.

If a lender cancels a confirmed rental made through our App, UrbanHires will promptly refund the total fees, excluding the ten percent (10%) UrbanHires service fee and delivery fees, for the rental to the renter. If the renter requests a rental from one of the alternative listings and the associated lender confirms the request, the renter agrees to pay the total fees for the confirmed rental of the item in the alternative listing, in accordance with our terms. If a lender cancels a confirmed rental and you, as a renter, have not received any communication from them, please contact UrbanHires directly. We strive to ensure that items listed on UrbanHires are consistent with the provided description by the lender. However, please be aware that items may have minor wear and tear that may not be explicitly listed in the description, and this does not qualify for a refund under our policy.

To be eligible for a refund in the event of a “Renting Issue”, the renter must:

a) Report the issue, including providing photographs or other evidence, to us within 2 hours of receiving the item and cooperate in providing requested information;
b) Not to be the direct or indirect cause of the issue; and
c) Make reasonable efforts to resolve the issue with the lender before filing a claim.

UrbanHires reserves the right, at its discretion, to provide a full or partial refund to the renter, excluding delivery costs, service fees, and processing fees, in the event of the following circumstances:

-The lender cancels a reservation twenty-four (24) hours or less before the scheduled arrival of the item or fails to provide the item to the renter.
-Te description of the item in the listing on UrbanHires significantly differs from the actual item. Please note that minor wear and tear not mentioned in the description does not qualify for a refund.
-At the beginning of the renter’s reservation, the item is unclean, unsanitary, or presents safety or health hazards that reasonably affect the renter’s use of the item, as determined by UrbanHires.
-The item is delivered late and does not arrive in time for the renter to use it for the intended date. In such cases, the renter must return the item unworn within 24 hours after receipt; failure to comply may result in the forfeiture of the refund – (this is the sole circumstance in which a refund, including of delivery fees, will be granted.)

We value your satisfaction and strive to address any issues promptly and fairly.

In the event that a return is necessary, the lender will provide the appropriate return address for the item. Renters have three options for returning the item after the rental period is completed:

1. Postal Return: Renters can use our trusted partner, Australia Post, to safely and securely return the item to the address provided by the vendor. It is essential to follow AusPost guidelines for packaging and shipping to ensure the item's protection during transit.
2. In-Person Pick-up: Alternatively, renters may opt for the lender to pick up the item in person. The lender will either arrange a meeting at the original drop-off address or provide an alternative address for the item's return.
3. Third-Party Delivery Service: If preferred, renters can utilise our third-party delivery partners, such as Uber and DoorDash, to facilitate the return process. These services offer convenience and reliability, ensuring that the item is returned safely and promptly to the lender.

At UrbanHires, we encourage open communication between renters and lenders to coordinate the return process smoothly. It is vital to adhere to the agreed-upon return method and time frame to facilitate a hassle-free and prompt return. By following these guidelines, we aim to ensure a positive and efficient experience for all parties involved in the rental process.

5.6 Minor Wear and Tear (Common Wear):
UrbanHires acknowledges that rented items may experience minor wear and tear, commonly known as common wear, during the rental period. This refers to normal signs of usage that would typically be expected from everyday handling. It is important to note that UrbanHires does not provide coverage for minor scuffs or cosmetic imperfections resulting from common wear. Our coverage primarily extends to accidental damage, significant rips, tears, or any damage that affects the functionality or usability of the item.

The determination of common wear and the assessment of any damage will be made by UrbanHires rather than the user. Our evaluation process considers factors such as the nature of the item, its condition at the time of rental, and the extent of the reported damage. We strive to ensure that items listed on UrbanHires are consistent with the provided description by the lender, and we take appropriate measures to address any discrepancies or misrepresentations.

5.7 Booking Period:
At UrbanHires, we value the quality and satisfaction of our users above all else. To uphold our commitment to offering clean and well-maintained items for rent, we have established a thoughtful practice that grants both lenders and renters a 48-hour window each booking period on our convenient app booking calendar. The lender is able to specify the unavailability period following return of items during booking period. By default, we set this as 24 hours however lenders have the ability to change this between 24, 48 and 72 hours.

This thoughtful buffer period is designed to allow our lenders ample time to ensure their items are thoroughly cleaned and/or sanitised, ensuring they are of merchantable quality for the next renter. We understand that maintaining the hygiene and condition of our offerings is paramount, and by implementing this policy, we prioritise both your safety and the exceptional quality of our items. It's all part of our dedication to providing you with a seamless, enjoyable, and trustworthy rental experience. With UrbanHires, you can confidently step into a world of style and convenience, knowing that every item has been carefully prepared to exceed your expectations.

5.8 Exclusion of Damages and Disclaimer of Warranties:
By using the App, you acknowledge and agree that UrbanHires shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the App. This includes but is not limited to, loss of profits, data, or other intangible losses. UrbanHires provides the App on an “as is” and “as available” basis, without warranties or representations. You understand that your use of the App is at your own risk, and UrbanHires is not responsible for unauthorised access to your account or any loss of data. This exclusion of damages clause applies to the fullest extent permitted by law.

6. Buying and Selling an Item through UrbanHires:

6.1 Service Fee:
By using the UrbanHires platform and engaging in any sales transactions, you agree to the following Purchase Fee. UrbanHires charges an 10% service fee on all sales made through the platform, including both rentals and other sales transactions. This fee will be automatically deducted from the seller's earnings at the time of the transaction. The deducted fee will be calculated based on the total sale amount. Payment of the net earnings, after the fee deduction, will be made to the seller's designated payment method in accordance with UrbanHires' payment schedule and policies. UrbanHires reserves the right to modify the fee percentage and structure at its sole discretion. In the event of a refund or adjustment for a sale transaction, the fee deducted from the original sale amount will be refunded or adjusted accordingly.

6.2 Returns and Refunds for Purchases:
At UrbanHires, we strive to ensure customer satisfaction and provide a fair purchasing experience. If you need to return an item purchased through our platform, follow these guidelines for refund eligibility:

1. The Item is not as Described: If the purchased item significantly deviates from the description provided by the seller, such as in terms of condition, size, colour, functionality, or any other key attributes.
2. Damaged or Defective Item: If the item arrives in a damaged or defective condition, rendering it unusable or not meeting the expected quality standards.
3. Non-Delivery: In the event the buyer does not receive the item within a reasonable timeframe as specified by the seller or the estimated delivery date.
4. Unauthorised Item: If the item is different from what was ordered or if an item is received without the buyer’s consent, such as a mistaken or unsolicited shipment.

UrbanHires has the responsibility of holding all sale funds. If no refund is needed and the buyer receives the item in quality condition, UrbanHires will release the payment to the seller. If the item requires a refund and meets the return eligibility criteria, UrbanHires will refund the buyer by following UrbanHires guidelines.

At UrbanHires, we have a time window of 2 hours for renters to inspect the item and report any issues to both the lender and UrbanHires for the purpose of initiating a return or refund. It is important for renters to promptly communicate any concerns within this timeframe to ensure an accurate assessment of the item's condition. We do not cover refunds for renters who report issues beyond the 2-hour mark, as it helps us maintain the integrity of the rental process and prevents any misuse where renters may claim damage as not their own. This policy ensures transparency and fairness for all parties involved, allowing us to provide a reliable and trustworthy rental experience.

Buyers on UrbanHires are required to provide proof of the reason for returning an item through the platform on the app – within 2 hours maximum from receiving the purchase. This proof may include photographs, videos, or any other relevant documentation that demonstrates the issue with the item, such as damage, defects, or discrepancies from the description. By providing this evidence through the platform, buyers ensure transparency and facilitate the resolution process.

Buyers are responsible for shipping the item back to the seller, using a reliable shipping method with tracking and insurance. Upon receiving the returned item, the seller will verify its condition and compare it to the original listing, and confirm that they have received the item back from the buyer. The refund process will then be initiated by UrbanHires. It is important for buyers to accurately document and communicate the reason for the return to ensure a smooth and efficient resolution.

7. User Conduct:

7.1 Prohibited Activities:
By using the App, you explicitly agree to refrain from participating in any of the following activities, which may result in damages or harm:

- Violating any applicable laws or regulations
- Infringing upon the intellectual property rights of others
- Uploading or transmitting any harmful or malicious code, viruses, or other software that may cause damage or disrupt the functioning of the App
- Attempting to gain unauthorised access to the App or its systems
- Engaging in any fraudulent, abusive, or deceptive behaviour

It is essential to note that misuse of Clause 3.3, such as lenders attempting to exploit or make unfounded claims, will not be tolerated. UrbanHires closely monitors account activity and reserves the right to deactivate the account of any lender found engaging in fraudulent or improper behaviour. We will thoroughly investigate and address any legitimate concerns raised by our members. Your satisfaction and the protection of your valuable items are of utmost importance to us.

Engaging in such activities not only violates the terms and conditions of UrbanHires but also has the potential to cause significant harm to the App, its members, and its associated systems. You understand and agree that any damages resulting from your participation in any of the aforementioned activities will be solely your responsibility, and UrbanHires will not be liable for any losses, expenses, or damages incurred as a result. UrbanHires reserves the right to take appropriate legal action against any member found to be involved with such activities, in addition to the termination or suspension of their account.

7.2 Content Responsibility:
You are solely responsible for the accuracy, completeness, legality, and reliability of any content you upload, display, or transmit through the App. We reserve the right to remove or modify any content that violates this Agreement or is deemed inappropriate.

8. Intellectual Property:

8.1 Ownership:
The App and all its contents, including but not limited to logos, trademarks, text, graphics, and software, are the property of UrbanHires and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable right to access and use the App for personal or commercial purposes.

8.2 User Content:
By uploading, displaying, or transmitting any content through the App, you grant UrbanHires exclusive, royalty-free, worldwide license to use, modify, reproduce, distribute, and display such content in connection with the operation of the App and its promotional activities.

8.3 Marketing and Advertising:
By using the App, you grant UrbanHires permission to use your information including but not limited to your usernames, photos, and listing details, for marketing and advertising purposes. UrbanHires may display your information on the App, social media platforms, and other promotional materials to promote your listings and the overall services provided by UrbanHires. You acknowledge that UrbanHires may use targeted advertisements or promotional campaigns based on your preferences, search history, and usage patterns within the App. UrbanHires will handle your personal information in accordance with its Privacy Policy, which governs the collection, use, and disclosure of member data.

If you do not wish to participate in marketing and advertising activities or have your information used for promotional purposes, you may adjust your privacy settings or contact UrbanHires to opt out. UrbanHires reserves the right to modify or suspend marketing and advertising initiatives at its sole discretion, without prior notice to other members.

By using the App, you also consent to UrbanHires use of cookies to enhance your browsing experience. These cookies are used to track your purchases, store previous purchases, and provide personalised content based on your interests. UrbanHires also utilises third-party cookies, including Google Analytics and Google Advertising cookies, to assess the effectiveness and performance of our service. These cookies enable us to display advertisements and promotions that align with your specific shopping preferences. You have the option to manage your cookie preferences through your browser settings or by adjusting your App’s privacy settings. Please note that disabling or blocking cookies may affect certain features and functionality of the App. Please refer to our Privacy Policy for more information on how UrbanHires handles cookies and your personal data.

8.4 Confidentiality:
By using the App, members acknowledge and agree to be bound by the terms of:

Confidential Information:
UrbanHires and its members (referred to as “Party” individually and “Parties” collectively) recognise and agree that while using the app, confidential information may be disclosed to each other. Confidential information includes but is not limited to, trade secrets, business plans, financial information, technical data, customer lists, and any other information marked or identified as confidential.

Obligations:
Each Party agrees to treat all Confidential Information received from the other Party as strictly confidential and not to disclose or use such information for any purpose other than as required for the use of the App. The Party receiving Confidential Information shall exercise reasonable care to prevent unauthorised disclosure or use of the Confidential Information.

Exceptions:
The obligations of confidentiality shall not apply to any information that is or was:
a) publicly available without breach of this clause;
b) rightfully known to the receiving Party before its disclosure;
c) independently developed by the receiving Party without reference to the disclosing Party’s Confidential Information;
d) rightfully obtained by the receiving Party from a third party without any obligation of confidentiality.

Protection of Confidential Information:
The Parties shall implement appropriate security measures to protect the Confidential Information from unauthorised access, use, or disclosure. They shall take reasonable steps to ensure that their employees, contractors, or agents who have access to the Confidential Information are aware of and comply with the confidentiality obligations.

Return or Deconstruction:
Upon termination or written request from the disclosing Party, the receiving Party shall promptly return or destroy all Confidential Information and any copies thereof in its possession or control, except as otherwise required by law or as needed for the ongoing use of the app.

Survival:
The obligations of confidentiality shall survive the termination of the user’s account or any other agreement between the Parties and shall continue for 12 months from the date of termination.

Remedies:
The Parties acknowledge that any breach of this confidentiality clause may cause irreparable harm for which monetary damages may not be an adequate remedy. Therefore, in the event of a breach or threatened breach, the disclosing Party shall be entitled to seek injunctive relief and any other available equitable remedies.

8.5  Proprietary Rights Notice:
All trademarks, service marks, logos, trade names, and other proprietary designations associated with UrbanHires mentioned within this document are either trademarks or registered trademarks of UrbanHires. Any other trademarks, service marks, logos, trademarks, and proprietary designations referenced herein belong to their respective owners.

9. Termination:

9.1 Termination By Members:
Members may terminate this Agreement by ceasing to use the App and deleting their account.

9.2 Termination By UrbanHires:
UrbanHires reserves the right to terminate this Agreement, suspend or restrict your access to the App, or remove your account, without notice, if we believe you violated any provision of this Agreement or engaged in any fraudulent or harmful activities. UrbanHires reserves the right to terminate user accounts in the following including, but not limited to these circumstances:

- If the user engages in fraudulent activities;
- Sells non-genuine items; or
- Consistently receives low ratings from other users

Additionally, accounts that remain inactive for 365 days may be deactivated. However, users will retain the ability to log in using the same credentials after deactivation. UrbanHires values the integrity of its platform and takes necessary actions to maintain a safe and reliable environment for all users.

10. Governing Law:
This agreement shall be governed by and construed in accordance with the laws of South Australia. Any disputes arising from or relating to this agreement shall be subject to the exclusive jurisdiction of the courts of South Australia.

11. Dispute Resolution:
In the event of a dispute or disagreement between members of UrbanHires, the following procedure shall be followed:

1. Direct Communication: Members involved in a dispute are encouraged to engage in direct communication with each other to seek a resolution. This includes a clear and open dialogue to discuss the issue, express concerns, and explore potential solutions.
2. Mediation: If direct communication does not lead to a satisfactory resolution, members may request mediation through UrbanHires. Our team will act as neutral mediators to facilitate communication and assist in finding a mutually agreeable resolution.
3. Arbitration: In cases where mediation has been unsuccessful, members may request arbitration. UrbanHires will use its best endeavours to facilitate resolution between members in conflict with reputable arbitration bodies, within UrbanHires to ensure that this process is conducted in accordance with rules and regulations. The decision reached through arbitration will be binding on all parties involved, providing  final and conclusive resolution to the dispute.
4. Legal Action: If arbitration does not result in a resolution or is not feasible, members retain the right to pursue legal remedies available to them in accordance with applicable laws and regulations.

Please note that UrbanHires is not responsible for resolving disputes between renters and lenders and does not assume liability to an extent for any action or omissions of its members, including communication made outside of the App. UrbanHires has the right to determine the outcome according to account information shared between both members.

UrbanHires is not responsible for resolving disputes between renters and lenders and does not assume liability for any actions or omissions of its members. Members are solely responsible for their interactions and transactions on the App.

12. Entire Agreement:
This Agreement constitutes the entire agreement between you and UrbanHires regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and representations.

13. Severability:
If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

14. Disclaimer of Warranties and Limitation of Liability:
Using the App and Service is at the users own risk. UrbanHires does not conduct background checks on members but may do so at its discretion. The App, and Service is provided “as is”, without warranties. UrbanHires disclaims liability for user conduct and the accuracy of the content. You agree to exercise caution in all communication and interactions, particularly if meeting offline or in person, even in the event it is organised through UrbanHires. UrbanHires does not verify user statements, review or verify items, and makes no representations or warranties regarding user conduct or compatibility with other users. UrbanHires is not liable for renter or third-party actions or omissions.

15. Limitation of Liability:
Notwithstanding any damages that You might incur, the entire liability of UrbanHires under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $1,000.00 AUD (in the event that the item is valued at $3,000.00 and above).

To the maximum extent permitted by applicable law, in no event shall UrbanHires be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if UrbanHires has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.