Dispute Resolution Policy

1.1 Purpose

This Dispute Resolution Policy explains how disputes between Users may be raised, investigated and resolved through the Tool-O Platform.

The objective of this Policy is to promote fair, efficient and transparent dispute resolution while maintaining the integrity and safety of the Tool-O marketplace.

1.2 Application

This Policy applies to disputes arising from or relating to:

• Bookings;

• rental transactions;

• Security Deposits;

• Claims;

• payments;

• Tool condition;

• damage;

• late returns;

• cancellations;

• User conduct;

• other matters connected with use of the Platform.

1.3 Relationship with Other Documents

This Policy forms part of the Tool-O Terms of Use and should be read together with the:

• Claims Policy;

• Refund Policy;

• Privacy Policy;

• Acceptable Use Policy;

• Content Policy;

• any other policies published by Tool-O.

1.4 Marketplace Role

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

Tool-O may facilitate dispute resolution but is not a party to the rental agreement between Users unless expressly stated otherwise.

1.5 Australian Consumer Law

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

1.6 Updates

Tool-O may amend this Dispute Resolution Policy from time to time.

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

2.1 General

A dispute may arise where Users disagree regarding any matter connected with a Booking.

Tool-O encourages Users to resolve disputes respectfully and in good faith wherever reasonably possible.

2.2 Types of Disputes

Disputes may include:

• damage;

• missing accessories;

• Security Deposits;

• late returns;

• cleaning;

• cancellations;

• payments;

• collection or delivery issues;

• Listing accuracy;

• User conduct;

• other Booking-related matters.

2.3 Raising a Dispute

A User may raise a dispute through the Tool-O Platform within the applicable timeframe specified in the Terms of Use or relevant Platform policies.

2.4 Good Faith

Users must participate in the dispute process honestly, respectfully and in good faith.

Users must not use the dispute process to:

• harass another User;

• delay payment without reasonable grounds;

• submit false allegations;

• obtain an improper financial advantage;

• abuse Platform processes.

2.5 Supporting Information

Users should provide information reasonably relevant to the dispute, including where applicable:

• photographs;

• videos;

• Booking records;

• communications;

• invoices;

• receipts;

• repair quotations;

• other supporting documents.

2.6 Response Opportunity

Where appropriate, each User will generally be given up to seventy-two (72) hours to respond to the information, evidence or submissions provided by the other User unless Tool-O specifies a different timeframe.

Users may provide:

• photographs;

• videos;

• invoices;

• repair quotations;

• communications;

• other relevant evidence.

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

2.7 Artificial Intelligence

Tool-O may use artificial intelligence technologies to assist in reviewing disputes and supporting evidence.

AI-assisted analysis may include:

• image comparison;

• document review;

• communication analysis;

• fraud detection;

• timeline analysis;

• consistency assessment.

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

2.8 Additional Information

Tool-O may request further information from either User where reasonably necessary to investigate a dispute.

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

2.9 Ongoing Cooperation

Users must reasonably cooperate with Tool-O throughout the dispute process.

2.10 No Guaranteed Outcome

Raising a dispute does not guarantee:

• compensation;

• reimbursement;

• release of funds;

• a decision in favour of either User.

Each dispute will be assessed on its own facts.

3.1 General

After a dispute has been raised, Tool-O may review the information provided by the Users before determining an appropriate outcome.

The review process is intended to be fair, impartial and evidence-based.

3.2 Information Considered

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

• Booking records;

• handover records;

• return records;

• photographs;

• videos;

• communications;

• timestamps;

• invoices;

• repair quotations;

• receipts;

• previous Claim records;

• other supporting evidence.

3.3 Artificial Intelligence Review

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

AI-assisted review may include:

• image comparison;

• damage detection;

• document analysis;

• communication analysis;

• fraud detection;

• timeline analysis;

• consistency assessment.

AI-generated outputs are intended to support decision-making and may be supplemented by manual review.

3.4 Manual Review

Tool-O may conduct manual review where it reasonably considers that:

• evidence is incomplete;

• evidence is conflicting;

• AI confidence is insufficient;

• fraud is suspected;

• the dispute is complex;

• additional assessment is appropriate.

3.5 Additional Evidence

Tool-O may request further information from either User where reasonably necessary.

Users should respond within the timeframe specified by Tool-O.

Failure to respond may result in the dispute being assessed using the available information.

3.6 Fair Assessment

Tool-O will endeavour to assess disputes fairly and impartially based upon the available evidence.

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

3.7 Interim Measures

While a dispute is being investigated, Tool-O may:

• delay payment;

• delay release of the Security Deposit;

• temporarily restrict Account functionality;

• preserve evidence;

• take other reasonable steps to protect Users and the Platform.

3.8 Factors Considered

Without limitation, Tool-O may consider:

• the condition of the Tool before handover;

• the condition upon return;

• the reliability of submitted evidence;

• communications between Users;

• Booking history;

• previous Platform activity;

• compliance with Platform policies;

• any other relevant circumstances.

3.9 Outcome

Following review, Tool-O may:

• dismiss the dispute;

• uphold the dispute in whole or in part;

• approve payment adjustments;

• release or apply the Security Deposit;

• request further investigation;

• take any other action reasonably available under the Terms of Use.

3.10 No Guaranteed Outcome

The commencement of a dispute does not guarantee any particular outcome.

Each dispute is determined on its own facts, evidence and applicable Platform policies.

4.1 General

After reviewing the available information, Tool-O may determine an outcome that it considers appropriate in accordance with the Terms of Use, this Policy, other applicable Platform policies and applicable law.

4.2 Possible Outcomes

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

• no action;

• dismissal of the dispute;

• release of the Security Deposit;

• partial release of the Security Deposit;

• application of all or part of the Security Deposit;

• partial reimbursement;

• full reimbursement;

• payment adjustment;

• warning to a User;

• Account restrictions;

• referral for further investigation.

4.3 Assessment

When determining an outcome, Tool-O may consider:

• the available evidence;

• the reliability of the evidence;

• the chronology of events;

• the conduct of the Users;

• Platform records;

• previous Booking history where relevant;

• applicable Platform policies;

• any other relevant circumstances.

4.4 Proportional Outcomes

Where appropriate, Tool-O may determine that responsibility should be shared between Users.

Any payment adjustment or other outcome may reflect the degree to which each User contributed to the dispute.

4.5 Fraud

Where Tool-O reasonably believes that fraudulent conduct has occurred, it may:

• reject the dispute;

• reverse payments where permitted;

• suspend or terminate an Account;

• retain evidence;

• report the matter to appropriate authorities where permitted or

required by law;

• take any other action available under the Terms of Use.

4.6 Notification

Tool-O may notify the Users of the outcome of a dispute through:

• the Platform;

• email;

• push notification;

• any other reasonable communication method.

4.7 Implementation

Following determination of a dispute, Tool-O may implement the outcome by:

• releasing funds;

• applying funds;

• adjusting payments;

• updating Booking records;

• closing the dispute;

• taking appropriate Platform enforcement action.

4.8 Finality

Unless Tool-O agrees to conduct a further review under this Policy or applicable law requires otherwise, the dispute outcome will be considered final for the purposes of the Platform.

4.9 No Admission of Liability

The resolution of a dispute by Tool-O does not constitute an admission of liability by:

• Tool-O;

• the Owner;

• the Borrower;

• any third party.

4.10 Reservation of Rights

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

5.1 Request for Review

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

The request should be submitted within the timeframe specified by Tool-O.

5.2 Grounds for Review

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

Examples include:

• new evidence;

• evidence that was not reasonably available earlier;

• factual inaccuracies;

• significant procedural concerns;

• other material information.

5.3 Additional Evidence

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

• photographs;

• videos;

• invoices;

• repair quotations;

• receipts;

• communications;

• inspection reports;

• expert reports where available;

• other relevant evidence.

5.4 Review Process

A further review may include:

• reconsideration of previously submitted information;

• review of new evidence;

• additional AI-assisted analysis;

• manual reassessment;

• consultation with relevant service providers where appropriate.

5.5 Artificial Intelligence

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

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

5.6 Outcome of Review

Following further review, Tool-O may:

• confirm the original outcome;

• vary the outcome;

• reverse the outcome;

• request further investigation;

• implement any payment adjustments reasonably required;

• take any other action available under the Terms of Use.

5.7 No Multiple Reviews

Tool-O is not required to conduct multiple reviews of the same dispute unless:

• significant new evidence becomes available;

• exceptional circumstances exist;

• applicable law requires further consideration.

5.8 Abuse of Review Process

Users must not misuse the review process by:

• repeatedly submitting substantially identical requests;

• providing fabricated evidence;

• making knowingly false allegations;

• using the review process to harass another User.

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

5.9 External Rights

Nothing in this Policy prevents a User from exercising any rights or remedies available under applicable law.

5.10 Reservation of Rights

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

6.1 Good Faith

Users and Tool-O should participate in the dispute resolution process honestly, respectfully and in good faith.

6.2 No Admission of Liability

The commencement, investigation, review or resolution of a dispute does not constitute an admission of liability by:

• Tool-O;

• the Owner;

• the Borrower;

• any third party.

6.3 Preservation of Evidence

Users should retain all relevant evidence relating to a dispute until it has been finally resolved.

Tool-O may request additional evidence where reasonably necessary during or after an investigation.

6.4 Records

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

• Booking records;

• photographs;

• videos;

• communications;

• invoices;

• repair quotations;

• payment records;

• AI-assisted assessment records;

• investigation records;

• dispute outcomes,

in accordance with the Privacy Policy and applicable law.

6.5 Cooperation with Authorities

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

• law enforcement agencies;

• courts;

• regulators;

• insurers;

• payment providers;

• other authorised organisations.

6.6 Policy Changes

Tool-O may amend this Dispute Resolution Policy from time to time.

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

6.7 Continued Use

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

6.8 Relationship with Other Documents

This Dispute Resolution Policy should be read together with the:

• Terms of Use;

• Claims Policy;

• Refund Policy;

• Privacy Policy;

• Acceptable Use Policy;

• Content 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.

6.9 Australian Consumer Law

Nothing in this Dispute Resolution 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 DISPUTE RESOLUTION POLICY