Refund Policy

1.1 Purpose

This Refund Policy explains when refunds, credits, cancellations and other payment adjustments may be available through 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.

Refund decisions may depend upon:

• the circumstances of the Booking;

• applicable laws;

• the Terms of Use;

• this Refund Policy;

• information provided by the Users.

1.3 Application

This Policy applies to:

• Booking cancellations;

• rental charges;

• Security Deposits where applicable;

• delivery fees;

• Platform service fees;

• payment adjustments;

• other transactions processed through the Platform.

1.4 Australian Consumer Law

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

Where the Australian Consumer Law provides rights that cannot lawfully be excluded, those rights continue to apply.

1.5 Updates

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

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

2.1 General

Bookings may be cancelled by an Owner, Borrower or Tool-O in accordance with the Terms of Use, this Refund Policy and applicable law.

2.2 Cancellation Before Confirmation

Where a Booking request has not yet been accepted by the Owner, no rental charge will be payable.

Any payment authorisations may be released in accordance with the payment provider's processing timeframes.

2.3 Borrower Cancellation

Where a Borrower cancels a confirmed Booking, the amount refundable (if any) will depend on factors including:

• when the cancellation occurs;

• whether the Tool has already been collected or delivered;

• whether costs have already been incurred;

• applicable cancellation terms;

• applicable law.

2.4 Owner Cancellation

Where an Owner cancels a confirmed Booking without a valid reason, Tool-O may, where appropriate:

• refund the Borrower;

• reverse applicable charges;

• assist the Borrower in locating an alternative Tool;

• take action under the Terms of Use.

Repeated Owner cancellations may result in Platform restrictions.

2.5 Mutual Cancellation

Where both the Owner and Borrower agree to cancel a Booking before it commences, Tool-O may process refunds or payment adjustments as appropriate.

2.6 Cancellation by Tool-O

Tool-O may cancel or suspend a Booking where reasonably necessary, including where:

• fraud is suspected;

• payment cannot be completed;

• a serious safety concern exists;

• a User breaches the Terms of Use;

• a legal requirement prevents completion of the Booking;

• exceptional circumstances apply.

2.7 Delivery Fees

Where delivery or collection services have already been performed or costs have already been incurred, related fees may not be fully refundable.

Any refund will depend upon the circumstances of the Booking and applicable law.

2.8 Refund Processing

Approved refunds will generally be processed back to the original payment method unless otherwise required by law or permitted by Tool-O.

Processing times may vary depending upon the relevant financial institution or payment provider.

2.9 No Double Recovery

Users are not entitled to receive multiple refunds or duplicate compensation for the same Booking issue.

2.10 Australian Consumer Law

Nothing in this section limits any rights or remedies available under the Australian Consumer Law.

3.1 General

Refunds are not automatic.

Each refund request will be assessed having regard to:

• the circumstances of the Booking;

• information provided by the Users;

• applicable laws;

• the Terms of Use;

• this Refund Policy.

3.2 Approved Refunds

Where Tool-O determines that a refund is appropriate, the refund may include, where applicable:

• rental charges;

• Platform service fees;

• delivery fees;

• other eligible charges.

The amount refunded may be full or partial depending on the circumstances.

3.3 Partial Refunds

A partial refund may be appropriate where:

• part of the Booking was completed;

• only part of the services were affected;

• only some charges are refundable;

• a User received partial value from the Booking.

3.4 Refund Method

Approved refunds will generally be returned to the original payment method used for the Booking unless:

• required otherwise by law;

• technically impracticable;

• otherwise determined by Tool-O.

3.5 Processing Times

Once approved, refunds are generally submitted promptly.

Actual receipt of refunded funds depends on:

• payment providers;

• banks;

• card issuers;

• financial institutions.

Tool-O does not control external processing times.

3.6 Declined Refund Requests

Tool-O may decline a refund request where it reasonably determines that:

• the Booking was substantially completed;

• the request is unsupported;

• false information has been provided;

• the request is inconsistent with the Terms of Use;

• applicable law does not require a refund.

3.7 Fraudulent Requests

Users must not submit fraudulent or misleading refund requests.

Tool-O may investigate suspected abuse of the refund process and take action under the Terms of Use.

3.8 Platform Errors

Where an incorrect charge results from a Platform error, Tool-O may correct the error by:

• issuing a refund;

• reversing the incorrect transaction;

• processing an adjustment;

• applying another reasonable remedy.

3.9 No Cash Payments

Refunds will not normally be made in cash unless required by applicable law.

3.10 Australian Consumer Law

Nothing in this section limits any rights or remedies available under the Australian Consumer Law.

4.1 General

Certain Bookings may require a Security Deposit in accordance with the Terms of Use.

The Security Deposit is intended to help protect Owners against eligible damage, loss or other authorised Claims.

A Security Deposit is not automatically charged. Depending on the payment method and payment provider, Tool-O may place an authorisation or other temporary hold for the approved Security Deposit amount. Where no eligible Claim is established, the Security Deposit authorisation will generally be released in accordance with the applicable payment provider's processing timeframes.

Where an eligible Claim is approved, all or part of the Security Deposit may be applied in accordance with the Terms of Use, Claims Policy and applicable laws.

4.2 Authorisation

Where applicable, the Security Deposit may be authorised, held or otherwise processed using Tool-O's approved payment systems.

The timing and method of processing may depend on the relevant payment provider.

4.3 Return of Deposit

Where no eligible Claim is made, or where any Claim is resolved in favour of the Borrower, the Security Deposit will generally be released in accordance with the Terms of Use and applicable payment processing requirements.

4.4 Claims Against a Deposit

Where an Owner submits an eligible Claim, the Security Deposit may be retained, reviewed or applied in whole or in part in accordance with:

• the Terms of Use;

• the Claims process;

• applicable law;

• this Refund Policy.

4.5 Evidence

Users may be required to provide evidence supporting or responding to a Claim, including:

• photographs;

• videos;

• invoices;

• repair quotations;

• receipts;

• communications;

• inspection records;

• other relevant information.

4.6 AI-Assisted Review

Tool-O may use artificial intelligence technologies to assist in reviewing Claims involving Security Deposits.

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

4.7 Partial Release

Where only part of a Claim is approved, Tool-O may release the remaining portion of the Security Deposit to the Borrower in accordance with the final outcome.

4.8 Fraud Prevention

Tool-O may delay the release of a Security Deposit where reasonably necessary to:

• investigate suspected fraud;

• verify evidence;

• comply with legal obligations;

• protect the rights of Users.

4.9 Payment Provider Timeframes

Following approval of a release, the time required for funds to become available depends upon the relevant payment provider or financial institution.

Tool-O does not control those external processing timeframes.

4.10 Australian Consumer Law

Nothing in this section limits any rights or remedies available under the Australian Consumer Law.

5.1 General

Certain charges may be non-refundable depending on:

• the circumstances of the Booking;

• this Refund Policy;

• the Terms of Use;

• applicable law.

5.2 Completed Rentals

Where a Booking has been substantially completed in accordance with the Terms of Use, rental charges are generally non-refundable unless:

• required by law;

• Tool-O determines otherwise;

• another provision of this Refund Policy applies.

5.3 Delivery and Collection Charges

Delivery and collection fees may be non-refundable where:

• the service has already been performed;

• transport costs have already been incurred;

• third-party service providers have already been engaged.

Partial refunds may be available where appropriate.

5.4 Platform Service Fees

Platform service fees may be non-refundable once Platform services have been substantially provided, unless:

• required by law;

• an error has occurred;

• Tool-O determines otherwise.

5.5 Failed Attendance

Where a User fails to attend an agreed collection, delivery or return without reasonable notice, certain charges may remain payable in accordance with the Terms of Use and applicable law.

5.6 User Breach

A User is generally not entitled to a refund where any loss arises primarily because that User has materially breached:

• the Terms of Use;

• Platform policies;

• applicable laws.

5.7 Fraudulent Activity

No refund will be provided where Tool-O reasonably determines that a transaction involved:

• fraud;

• payment abuse;

• identity misuse;

• fabricated evidence;

• deliberate misuse of the Platform,

except where required by applicable law.

5.8 External Costs

Tool-O is not responsible for refunding costs paid directly to third parties unless otherwise required by law.

Examples include:

• fuel;

• accommodation;

• travel expenses;

• parking;

• insurance obtained independently by a User.

5.9 Australian Consumer Law

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.

6.1 Platform Errors

If a Booking or payment issue occurs due to a verified Platform error, Tool-O may, where appropriate:

• issue a refund;

• reverse a transaction;

• correct a payment;

• provide another reasonable remedy.

6.2 Payment Processing Issues

Where a payment cannot be completed due to:

• banking errors;

• payment provider failures;

• technical issues;

• duplicate transactions;

• system faults,

Tool-O may investigate and make appropriate payment adjustments.

6.3 Force Majeure

Refunds arising from events outside the reasonable control of the Users or Tool-O, including natural disasters, severe weather, government action or other force majeure events, will be considered having regard to:

• the circumstances;

• applicable law;

• the Terms of Use;

• fairness to both Users.

6.4 Fraud Investigations

Tool-O may temporarily delay refunds where reasonably necessary to:

• investigate suspected fraud;

• verify User identity;

• verify supporting evidence;

• comply with legal obligations;

• protect Users.

6.5 Court Orders

Where required by law, Tool-O may:

• delay refunds;

• retain funds;

• reverse payments;

• comply with court orders;

• comply with regulatory directions.

6.6 Chargebacks

Where a User initiates a payment dispute or chargeback through their financial institution, Tool-O may:

• investigate the dispute;

• provide transaction records;

• suspend related payments;

• delay refunds until the dispute has been resolved.

6.7 Good Faith Errors

Where a genuine mistake has resulted in an incorrect payment, Tool-O may make reasonable adjustments to ensure that Users receive the amounts properly payable under the Terms of Use.

6.8 No Double Recovery

A User is not entitled to receive:

• duplicate refunds;

• duplicate compensation;

• both a chargeback and a refund for the same transaction;

• multiple recoveries arising from the same issue.

6.9 Case-by-Case Assessment

Circumstances not specifically addressed in this Refund Policy may be assessed individually by Tool-O, taking into account:

• the available evidence;

• fairness;

• the Terms of Use;

• applicable law.

6.10 Australian Consumer Law

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

7.1 Refund Enquiries

Users who have questions regarding a refund, payment adjustment or Security Deposit may contact Tool-O using the contact details published on the Platform.

Tool-O will use reasonable efforts to respond within a reasonable period.

7.2 Refund Disputes

If a User disagrees with a refund decision, they may request that Tool-O review the matter by providing any additional information or evidence reasonably relevant to the Booking.

Tool-O may determine whether further review is appropriate having regard to:

• the available evidence;

• the Terms of Use;

• applicable law;

• this Refund Policy.

7.3 Complaints

Users may submit complaints regarding the administration of this Refund Policy.

Complaints should include, where reasonably available:

• Booking details;

• transaction details;

• a description of the issue;

• supporting evidence;

• the outcome sought.

7.4 Investigations

Tool-O may investigate complaints using information including:

• Booking records;

• payment records;

• communications;

• photographs;

• videos;

• Claim records;

• other relevant evidence.

7.5 Policy Changes

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

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

7.6 Continued Use

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

7.7 Relationship with Other Documents

This Refund Policy should be read together with the:

• Terms of Use;

• 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.

7.8 Australian Consumer Law

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

END OF REFUND POLICY