Claims Policy

1.1 Purpose

This Claims Policy explains the process for submitting, investigating and resolving Claims relating to damage, loss, theft, missing accessories, late returns, cleaning issues and other Booking-related disputes on the Tool-O Platform.

This Policy forms part of the Tool-O Terms of Use.

1.2 Marketplace Role

Tool-O provides an online marketplace connecting Owners and Borrowers.

Tool-O is not the owner of listed Tools and is not automatically responsible for losses arising from a Booking.

Tool-O may facilitate the review and resolution of Claims in accordance with the Terms of Use and this Policy.

1.3 Application

This Policy applies to Claims relating to:

• physical damage;

• accidental damage;

• missing accessories;

• theft;

• loss;

• excessive cleaning;

• late returns;

• misuse of a Tool;

• unauthorised use;

• other eligible Booking-related disputes.

1.4 Australian Consumer Law

Nothing in this Policy excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other applicable legislation.

1.5 Relationship with Other Policies

This Policy should be read together with the:

• Terms of Use;

• Refund Policy;

• Privacy Policy;

• Content Policy;

• Acceptable Use Policy;

• any other policies published by Tool-O.

1.6 Updates

Tool-O may amend this Claims Policy from time to time.

The latest version published on the Platform replaces all previous versions.

2.1 General

Owners may submit Claims arising directly from a Booking where they reasonably believe they have suffered a loss covered by the Terms of Use and this Claims Policy.

Borrowers may respond to Claims and provide evidence in support of their position.

2.2 Types of Eligible Claims

Eligible Claims may include:

• physical damage to a Tool;

• accidental damage;

• missing accessories;

• missing components;

• theft;

• loss;

• unauthorised modifications;

• excessive cleaning;

• failure to return a Tool;

• unauthorised continued use;

• other losses directly arising from a Booking.

2.3 Damage Claims

Owners may submit a Claim where a Tool has been returned with damage beyond reasonable wear and tear.

Reasonable wear and tear is not generally claimable.

2.4 Missing Accessories

A Claim may be made where accessories supplied with the Tool are not returned.

Examples include:

• batteries;

• chargers;

• cases;

• keys;

• manuals;

• attachments;

• safety equipment;

• other listed accessories.

2.5 Theft or Loss

Where a Tool is not returned or is believed to have been stolen or lost, an Owner may submit a Claim in accordance with the Terms of Use.

Tool-O may request additional information before considering such a Claim.

2.6 Excessive Cleaning

Where a Tool is returned in a condition requiring cleaning substantially beyond that reasonably expected from normal use, an Owner may submit a Claim for reasonable cleaning costs.

2.7 Late Return

Where a Tool is returned after the agreed return time, any consequences will be dealt with in accordance with the Terms of Use and any applicable Booking terms.

2.8 Exclusions

Claims are generally not available for:

• ordinary wear and tear;

• pre-existing damage;

• issues disclosed before the Booking;

• cosmetic deterioration consistent with normal use;

• matters unrelated to the Booking;

• losses not supported by reasonable evidence.

2.9 Supporting Evidence

The availability of a Claim does not guarantee payment.

Claims must be supported by evidence reasonably requested by Tool-O.

2.10 Good Faith

All Claims must be submitted honestly, accurately and in good faith.

Fraudulent or misleading Claims may result in enforcement action under the Terms of Use.

3.1 General

Claims must be submitted through the Tool-O Platform using the processes made available by Tool-O.

Claims submitted outside the Platform may not be considered unless Tool-O determines otherwise.

3.2 Claim Timeframe

Owners must submit a Claim within twenty-four (24) hours after the scheduled return or completion of the Booking unless Tool-O determines that exceptional circumstances justify a later submission.

Claims submitted after the applicable timeframe may be rejected where the delay could affect the fair assessment of evidence or the rights of other Users.

3.3 Owner's Initial Evidence

To assist a fair assessment, the Owner should provide evidence supporting the Claim.

Where reasonably available, this may include:

• photographs taken before handover;

• photographs taken after return;

• videos;

• a description of the alleged damage or loss;

• repair quotations;

• invoices;

• receipts;

• communications;

• other relevant supporting information.

3.4 Borrower's Response

After an eligible Claim has been submitted, the Borrower will normally have up to seventy-two (72) hours to respond unless a different period is specified by Tool-O.

The Borrower may provide:

• photographs;

• videos;

• explanations;

• supporting documents;

• communications;

• other relevant evidence.

If the Borrower does not respond within the applicable timeframe, Tool-O may continue its assessment and determine the outcome based on the available evidence.

3.5 Additional Information

Tool-O may request additional information from either User where reasonably necessary to investigate the Claim.

Failure to provide requested information may affect the assessment of the Claim.

3.6 Accuracy

Users must ensure that all information submitted is accurate to the best of their knowledge.

Knowingly providing false or misleading information is prohibited.

3.7 Artificial Intelligence Review

Tool-O may use artificial intelligence technologies to assist in reviewing:

• photographs;

• videos;

• documents;

• communications;

• timelines;

• other submitted evidence.

AI-assisted analysis may be supplemented by manual review where appropriate.

3.8 Cooperation

Owners and Borrowers must reasonably cooperate throughout the Claims process.

This includes responding to reasonable requests made by Tool-O within the applicable timeframes.

3.9 Withdrawal of a Claim

An Owner may withdraw a Claim at any time before a final determination is made by notifying Tool-O through the Platform.

Tool-O may continue investigating where reasonably necessary to protect Users or comply with legal obligations.

3.10 Good Faith

The Claims process must not be used to:

• harass another User;

• obtain an improper financial benefit;

• delay payment;

• pressure another User;

• abuse Platform processes.

All participants must act honestly and in good faith.

4.1 General

After a Claim has been submitted, Tool-O may review the information provided by the Owner and the Borrower before determining the appropriate outcome.

The review process is intended to promote fair, consistent and evidence-based decision-making.

4.2 Evidence Assessment

Tool-O may consider any information reasonably relevant to the Claim, including:

• photographs;

• videos;

• handover records;

• return records;

• Booking details;

• timestamps;

• communications;

• invoices;

• repair quotations;

• receipts;

• maintenance records;

• other supporting evidence.

4.3 Artificial Intelligence Review

Tool-O may use artificial intelligence technologies to assist with reviewing Claims.

AI-assisted review may include:

• image comparison;

• damage detection;

• document analysis;

• timeline analysis;

• communication analysis;

• fraud detection;

• consistency analysis.

AI-assisted review is intended to support fair and consistent decision-making. AI recommendations are not automatically binding and may be reviewed, confirmed, modified or rejected by Tool-O.

Where the available evidence is insufficient, conflicting, or otherwise requires further assessment, Tool-O may conduct a manual review and request additional information from one or more Users before making a final determination.

4.4 Manual Review

Where Tool-O considers it appropriate, a Claim may be reviewed manually by authorised personnel.

Manual review may occur where:

• evidence is incomplete;

• evidence is inconsistent;

• fraud is suspected;

• the matter is complex;

• AI confidence is insufficient;

• further investigation is reasonably required.

4.5 Additional Information

During the review process, Tool-O may request further information from either User.

Examples include:

• additional photographs;

• additional videos;

• repair estimates;

• invoices;

• witness information;

• explanations;

• other relevant material.

4.6 Failure to Respond

Where a User does not respond within the applicable timeframe, Tool-O may continue the review using the information available.

Failure to respond does not automatically determine the outcome of a Claim.

4.7 Good Faith Assessment

Tool-O will endeavour to assess Claims fairly, impartially and in good faith based upon the available information.

Tool-O is not required to accept unsupported assertions or evidence that reasonably appears unreliable.

4.8 Factors Considered

Without limitation, Tool-O may consider:

• the condition of the Tool before handover;

• the condition upon return;

• the timing of photographs;

• communications between Users;

• Booking history;

• previous Claims;

• evidence reliability;

• applicable Platform records;

• any other relevant circumstances.

4.9 No Guaranteed Outcome

Submission of a Claim does not guarantee:

• payment;

• reimbursement;

• release of funds;

• acceptance of evidence;

• a finding in favour of either User.

Each Claim is assessed on its own facts.

4.10 Continuing Investigation

Tool-O may continue investigating a Claim after an initial review where reasonably necessary to:

• verify evidence;

• investigate suspected fraud;

• comply with legal obligations;

• protect Users;

• ensure the integrity of the Platform.

5.1 General

After reviewing the available information, Tool-O may determine an appropriate outcome in accordance with the Terms of Use, this Claims Policy and applicable law.

5.2 Possible Outcomes

A Claim may result in one or more of the following outcomes:

• no payment;

• partial payment;

• full payment;

• release of the Security Deposit;

• partial application of the Security Deposit;

• full application of the Security Deposit;

• referral for further review;

• closure without action.

5.3 Assessment of Loss

Where compensation is considered appropriate, Tool-O may assess the reasonable value of the loss having regard to factors including:

• the nature of the damage;

• repair costs;

• replacement costs;

• depreciation where appropriate;

• supporting evidence;

• the condition of the Tool before the Booking;

• fair wear and tear.

5.4 Betterment

Tool-O may reduce compensation where a proposed repair or replacement would place the Owner in a materially better position than immediately before the Booking.

5.5 Partial Responsibility

Where appropriate, Tool-O may determine that responsibility should be apportioned between the Users having regard to the available evidence and the circumstances of the Booking.

5.6 Fraudulent Claims

Where Tool-O reasonably determines that a Claim or supporting evidence is fraudulent or intentionally misleading, Tool-O may:

• reject the Claim;

• reverse any payment where permitted;

• suspend or terminate the User's Account;

• take any other action available under the Terms of Use or applicable

law.

5.7 Notification

Tool-O may notify the Owner and the Borrower of the outcome of a Claim using the Platform, email or any other reasonable communication method.

5.8 Finalisation

Once a Claim has been finalised, Tool-O may:

• release or apply the Security Deposit;

• process any approved payment adjustment;

• close the Claim;

• retain records in accordance with the Privacy Policy and applicable

law.

5.9 No Independent Valuation Required

Tool-O is not required to obtain an independent expert valuation or inspection before determining a Claim, although it may do so where considered appropriate.

5.10 Reservation of Rights

Nothing in this Policy limits any rights available to Tool-O under the Terms of Use or applicable law to investigate, review or determine Claims.

6.1 Request for Review

If a User believes that a Claim outcome was based on incomplete or inaccurate information, the User may request that Tool-O conduct a further review.

A request for review should be made within the timeframe specified by Tool-O.

6.2 Grounds for Review

A request for further review should identify the reasons the User believes the original outcome should be reconsidered.

Examples may include:

• new evidence;

• evidence not previously available;

• factual inaccuracies;

• significant procedural concerns;

• other relevant information.

6.3 Additional Evidence

Tool-O may request further information from either User, including:

• additional photographs;

• additional videos;

• invoices;

• repair quotations;

• receipts;

• communications;

• expert reports;

• other relevant material.

6.4 Review Process

A further review may include:

• reconsideration of existing evidence;

• consideration of new evidence;

• additional AI-assisted analysis;

• manual reassessment;

• consultation with relevant service providers where appropriate.

6.5 Artificial Intelligence

Where artificial intelligence was used during the original assessment, Tool-O may conduct additional AI-assisted analysis or manual review where reasonably appropriate.

AI tools are intended to assist decision-making and do not replace human oversight where Tool-O considers further review necessary.

6.6 Final Decision

Following further review, Tool-O may:

• confirm the original outcome;

• vary the outcome;

• reverse the outcome;

• request further investigation;

• take any other action reasonably considered appropriate.

6.7 No Multiple Appeals

Tool-O is not required to conduct multiple reviews of the same Claim unless new information or exceptional circumstances justify further consideration.

6.8 Fraudulent Appeals

Users must not submit requests for review containing:

• fabricated evidence;

• misleading information;

• repetitive abusive requests;

• bad faith allegations.

Tool-O may refuse further review where it reasonably believes the review process is being abused.

6.9 No Independent Arbitration

Unless otherwise required by applicable law, Tool-O is not obliged to provide independent arbitration or external expert determination of Claims.

Nothing prevents Users from pursuing any rights or remedies available under applicable law.

6.10 Preservation of Rights

Nothing in this section limits any rights available to Tool-O under the Terms of Use, applicable law or any other Platform policy.

7.1 Good Faith

Owners, Borrowers and Tool-O should act honestly and in good faith throughout the Claims process.

7.2 No Admission of Liability

The submission, investigation or settlement of a Claim does not constitute an admission of liability by:

• Tool-O;

• the Owner;

• the Borrower;

• any other person.

7.3 Preservation of Evidence

Users should retain relevant evidence until a Claim has been finally resolved.

Tool-O may request additional evidence during the investigation where reasonably necessary.

7.4 Records

Tool-O may retain records relating to Claims, including:

• photographs;

• videos;

• communications;

• invoices;

• repair quotations;

• payment records;

• AI-assisted assessment records;

• investigation records,

in accordance with the Privacy Policy and applicable law.

7.5 Cooperation with Authorities

Where required or authorised by law, Tool-O may provide relevant information to:

• law enforcement agencies;

• courts;

• regulators;

• insurers;

• payment providers;

• other authorised organisations.

7.6 Policy Changes

Tool-O may amend this Claims Policy from time to time.

The most current version published on the Platform replaces all previous versions.

7.7 Continued Use

Continued use of the Platform after an updated Claims Policy becomes effective constitutes acceptance of the revised Policy to the extent permitted by applicable law.

7.8 Relationship with Other Documents

This Claims Policy should be read together with the:

• Terms of Use;

• Refund Policy;

• Privacy Policy;

• Content Policy;

• Acceptable Use Policy;

• any other policies published by Tool-O.

Where there is any inconsistency, the Terms of Use prevail to the extent permitted by law unless another document expressly provides otherwise.

7.9 Australian Consumer Law

Nothing in this Claims Policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

END OF CLAIMS POLICY