Terms of Use

1.1 Welcome

Welcome to Tool-O.

Tool-O is an Australian online marketplace that enables individuals and businesses to rent tools directly from one another through the Tool-O Platform.

Tool-O provides technology that enables Owners to advertise Tools and Borrowers to discover, reserve, pay for and rent those Tools.

These Terms of Use govern your access to and use of the Tool-O Platform, including the website, mobile applications, messaging systems, payment systems and all associated services.

By creating an account, listing a Tool, making a Booking, accepting a Booking, uploading content or otherwise using Tool-O, you agree to be legally bound by these Terms together with every policy incorporated into these Terms.

If you do not agree to these Terms, you must not use the Platform.

1.2 About Tool-O

Tool-O operates an online peer-to-peer marketplace.

Tool-O facilitates:

• Tool Listings

• Bookings

• Payments

• Security Deposits

• Messaging between Users

• Ratings and Reviews

• Identity Verification

• AI-assisted dispute assessments

• Customer Support

• Marketplace administration

Unless expressly stated otherwise:

• Tool-O does not own listed Tools.

• Tool-O does not rent listed Tools.

• Tool-O is not the manufacturer of any Tool.

• Tool-O is not responsible for servicing or maintaining Tools.

• Tool-O does not inspect every Tool before or after every rental.

• Tool-O does not supervise how a Tool is used after handover.

• Tool-O provides the marketplace through which Owners and Borrowers

enter into rental arrangements.

1.3 Acceptance of these Terms

These Terms apply whenever you:

• browse the Platform;

• create an Account;

• list a Tool;

• request or accept a Booking;

• make or receive a payment;

• upload photographs or other content;

• exchange messages through the Platform;

• participate in a dispute;

• submit evidence;

• use any Tool-O service.

By continuing to use Tool-O, you acknowledge that:

\(a\) you have read these Terms;

\(b\) you understand these Terms;

\(c\) you agree to comply with these Terms and all applicable Tool-O Policies.

1.4 Changes to these Terms

Tool-O may amend these Terms from time to time.

Where a change is material, Tool-O will take reasonable steps to notify Users before the change becomes effective.

Your continued use of the Platform after the effective date of the revised Terms constitutes acceptance of those revised Terms.

If you do not agree to the revised Terms, you must stop using the Platform and close your Account.

2.1 Eligibility Requirements

To create an Account or use the Platform, you must:

\(a\) be at least eighteen (18) years of age;

\(b\) have the legal capacity to enter into binding contracts;

\(c\) provide accurate, current and complete information;

\(d\) maintain accurate contact information;

\(e\) maintain valid payment details where required;

\(f\) comply with these Terms and all applicable Tool-O Policies; and

\(g\) comply with all applicable laws and regulations.

Tool-O may refuse access to any person who does not satisfy these requirements.

2.2 Identity Verification

Tool-O may require Users to verify their identity at any time.

Identity verification may include, without limitation:

• government-issued identification;

• proof of address;

• payment verification;

• mobile phone verification;

• email verification;

• selfie verification;

• any other information reasonably required by Tool-O.

Failure to successfully complete identity verification may result in:

• restricted access to the Platform;

• inability to create Listings;

• inability to make Bookings;

• withholding of payouts;

• suspension of an Account; or

• permanent closure of an Account.

Verification of identity does not constitute an endorsement, certification or guarantee by Tool-O.

3.1 Account Registration

Users must register an Account before listing or booking a Tool.

Each User must provide truthful, accurate and complete information during registration.

Users must promptly update any information that becomes inaccurate.

3.2 Account Security

Users are responsible for maintaining the confidentiality of their login credentials.

Users must:

• keep passwords secure;

• prevent unauthorized access to their Account;

• notify Tool-O immediately if they believe their Account has been

compromised.

Users remain responsible for all activity occurring through their Account until Tool-O receives notice of unauthorized access.

3.3 One Account Policy

Unless approved by Tool-O, each individual may maintain only one personal Account.

Businesses may create separate business Accounts where approved by Tool-O.

Users must not:

• create multiple Accounts to avoid suspension;

• impersonate another person;

• create false identities;

• use another person's Account;

• transfer or sell an Account.

3.4 Suspension and Termination

Tool-O may suspend, restrict or terminate an Account immediately where it reasonably believes that:

\(a\) these Terms have been breached;

\(b\) fraudulent activity has occurred;

\(c\) criminal activity is suspected;

\(d\) false information has been provided;

\(e\) the User presents a safety risk;

\(f\) continued access may expose Tool-O or other Users to unacceptable risk;

\(g\) Tool-O is required by law to do so.

Where reasonably practicable, Tool-O will notify the User of the suspension.

Tool-O is not obliged to provide advance notice where immediate action is necessary to protect Users, investigate fraud or comply with legal obligations.

Termination of an Account does not affect any existing rights or obligations relating to completed or ongoing Bookings, outstanding payments, Claims or legal proceedings.

4.1 Marketplace Role

Tool-O operates an online marketplace that connects Owners and Borrowers.

Tool-O provides technology that facilitates:

• Listings;

• Bookings;

• messaging;

• payment processing;

• Security Deposit administration;

• AI-assisted claim assessments;

• customer support; and

• marketplace administration.

Except where expressly stated otherwise, Tool-O is not:

• the owner of listed Tools;

• the Borrower of listed Tools;

• a manufacturer;

• a repairer;

• a maintenance provider;

• an insurer;

• an employer of Users;

• a guarantor of Tool performance.

4.2 Marketplace Independence

Owners independently determine:

• whether to list a Tool;

• the Rental Amount;

• the Security Deposit amount (subject to Tool-O limits);

• availability;

• delivery options;

• pickup options.

Borrowers independently decide whether to request a Booking.

Tool-O does not control pricing decisions made by Owners except where Platform rules require minimum or maximum limits.

4.3 No Guarantee

Tool-O does not guarantee:

• that a Listing will receive Bookings;

• that a Booking request will be accepted;

• uninterrupted Platform availability;

• the suitability of a Tool for any purpose;

• the condition or quality of a Tool;

• that Users will fulfil their obligations.

Users acknowledge that Tool-O provides a marketplace only and that each rental involves risks that remain the responsibility of the parties involved.

4.4 Compliance with Australian Law

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

Where any provision of these Terms is inconsistent with a non-excludable statutory right, that provision shall be read subject to that legislation to the extent necessary.

5.1 Eligibility to List

Only an Owner who has the legal right to rent a Tool may publish a Listing on the Platform.

By creating or maintaining a Listing, the Owner represents and warrants that:

\(a\) they are the legal owner of the Tool or otherwise have lawful authority to rent the Tool;

\(b\) renting the Tool does not breach any law, contract, finance agreement, lease, licence or other legal obligation;

\(c\) the Tool may legally be hired in Australia;

\(d\) all information provided in the Listing is true, accurate and complete;

\(e\) the Tool is reasonably safe for its intended purpose, subject to any disclosed limitations;

\(f\) the Tool complies with all applicable Australian laws and mandatory safety requirements; and

\(g\) the Owner has authority to enter into rental agreements through the Platform.

5.2 Listing Information

Each Listing must accurately describe the Tool.

Without limitation, a Listing should include, where applicable:

• Tool make;

• model;

• year of manufacture (if relevant);

• serial number (optional);

• specifications;

• dimensions;

• weight;

• power requirements;

• battery requirements;

• fuel requirements;

• operating limitations;

• included accessories;

• excluded accessories;

• consumables included;

• consumables excluded;

• collection location;

• delivery availability;

• operating instructions where appropriate;

• known defects;

• cosmetic damage;

• Rental Amount;

• Security Deposit;

• availability.

Owners must ensure Listing information remains accurate throughout the time the Listing is active.

5.3 Photographs

Owners must upload photographs that accurately represent the Tool.

Photographs must:

\(a\) show the actual Tool being rented;

\(b\) not be misleading;

\(c\) accurately represent the Tool's current condition;

\(d\) not contain misleading edits or alterations;

\(e\) not infringe any copyright or intellectual property rights.

Tool-O may resize, crop or optimise photographs for display on the Platform.

5.4 Listing Accuracy

Owners must immediately update a Listing if:

• the Tool becomes damaged;

• accessories change;

• pricing changes;

• delivery options change;

• availability changes;

• specifications change;

• any information becomes inaccurate.

Knowingly providing false or misleading Listing information is a material breach of these Terms.

5.5 Tool Condition

The Owner must ensure that every Tool offered for rent is:

\(a\) in safe working order;

\(b\) reasonably clean;

\(c\) fit for its intended purpose, subject to any disclosed limitations;

\(d\) supplied with all advertised accessories;

\(e\) supplied with any keys, chargers, batteries or attachments included within the Listing;

\(f\) maintained in accordance with manufacturer recommendations where reasonably practicable.

Normal cosmetic wear and tear does not constitute a breach provided it has been fairly disclosed.

5.6 Maintenance

Owners remain solely responsible for:

• inspections;

• servicing;

• maintenance;

• repairs;

• replacement of worn components;

• safety recalls;

• manufacturer recalls;

• calibration where applicable;

• compliance with applicable safety standards.

Tool-O does not undertake maintenance or inspection of listed Tools.

5.7 Unsafe Tools

Owners must not knowingly list or supply a Tool that:

• is unsafe;

• has a critical fault;

• has been recalled and not repaired;

• has been modified in a dangerous manner;

• cannot lawfully be hired;

• presents an unreasonable risk to Borrowers or third parties.

Where Tool-O reasonably believes a Tool presents a safety risk, Tool-O may immediately suspend or remove the Listing.

5.8 Insurance

Owners acknowledge that they are responsible for obtaining any insurance they consider appropriate.

This may include:

• public liability insurance;

• accidental damage insurance;

• theft insurance;

• business insurance;

• loss of income insurance.

Unless expressly stated otherwise, Tool-O does not provide insurance for listed Tools.

Users should not assume that any Booking is insured by Tool-O.

5.9 Availability

Owners are responsible for maintaining an accurate availability calendar.

Owners should promptly block dates where the Tool is unavailable.

Repeated cancellations arising from inaccurate availability may result in reduced search visibility, temporary suspension or permanent removal from the Platform.

5.10 Rental Pricing

Owners determine the Rental Amount for each Listing.

Tool-O may apply Platform Fees in accordance with the Payment Terms.

Rental pricing displayed to Borrowers may differ from the amount payable to Owners where Platform Fees or applicable taxes are included.

5.11 Security Deposit

Owners may nominate a Security Deposit for a Listing. Tool-O may impose minimum and maximum limits. Unless Tool-O expressly approves otherwise, the Security Deposit cannot exceed ten (10) times the daily Rental Amount.

Tool-O may reduce, increase or reject a proposed Security Deposit where reasonably necessary to manage fraud risk, comply with applicable laws, or protect Users and the Platform.

The Security Deposit does not limit an Owner's legal rights where losses exceed the deposited amount.

Claims against a Security Deposit must be submitted 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.

Where a Security Deposit Claim is submitted, the review and resolution process will be governed by the Claims Policy and Dispute Resolution Policy. Users may be required to provide photographs, videos, communications and other supporting evidence.

Tool-O may use AI-assisted assessment as part of the initial review process. AI recommendations may be reviewed or overridden by Tool-O where appropriate.

Unless otherwise stated in the Claims Policy, Users will generally have up to seventy-two (72) hours to respond to a Security Deposit Claim, provide requested evidence or otherwise participate in the dispute resolution process. If a User does not respond within the applicable timeframe, Tool-O may determine the outcome based on the available evidence.

5.12 Listing Reviews

Tool-O may review Listings at any time.

Reviews may be conducted:

• randomly;

• following complaints;

• following Claims;

• following safety reports;

• following suspected fraud;

• following repeated cancellations.

Owners agree to reasonably cooperate with any Listing review.

5.13 Removal of Listings

Tool-O may remove or suspend any Listing immediately where it reasonably believes:

\(a\) the Listing breaches these Terms;

\(b\) the Listing is misleading or deceptive;

\(c\) the Tool presents a safety risk;

\(d\) fraudulent activity is suspected;

\(e\) the Owner has repeatedly failed to honour Bookings;

\(f\) the Listing infringes another person's rights;

\(g\) continued publication may expose Tool-O or Users to legal, financial or safety risks.

Removal of a Listing does not affect Tool-O's right to investigate previous Bookings, Claims or disputes relating to that Listing.

5.14 Owner Responsibility

Owners acknowledge that they remain solely responsible for:

• ownership of the Tool;

• maintenance;

• servicing;

• safety;

• legal compliance;

• storage;

• transport;

• operation manuals;

• warranties;

• manufacturer recalls;

• compliance with all applicable laws.

Nothing in these Terms transfers those responsibilities to Tool-O.

6.1 Booking Requests

A Borrower may request to rent a Tool by submitting a Booking request through the Platform.

A Booking request may require the Borrower to:

\(a\) select the Rental Period;

\(b\) nominate collection or delivery preferences;

\(c\) nominate return preferences;

\(d\) confirm acceptance of these Terms;

\(e\) provide valid payment details;

\(f\) complete any identity verification required by Tool-O;

\(g\) satisfy any other reasonable booking requirements imposed by Tool-O.

Submitting a Booking request does not create a binding agreement.

6.2 Booking Acceptance

Where Owner approval is required, the Owner may:

\(a\) accept the Booking;

\(b\) decline the Booking; or

\(c\) allow the request to expire.

Owners are encouraged to respond promptly to Booking requests.

Repeated failure to respond may affect Listing visibility.

6.3 Booking Confirmation

A Booking becomes confirmed only when:

\(a\) the Owner has accepted the Booking (where applicable);

\(b\) payment processing has been successfully completed or authorised;

\(c\) any required Security Deposit authorisation has been completed;

\(d\) Tool-O issues a Booking Confirmation through the Platform.

Until a Booking Confirmation has been issued, no party is obliged to proceed with the proposed rental.

6.4 Rental Agreement

Upon Booking Confirmation:

\(a\) the Owner agrees to make the Tool available in accordance with the Booking;

\(b\) the Borrower agrees to rent the Tool in accordance with the Booking;

\(c\) both parties agree to comply with these Terms and all Tool-O Policies.

Tool-O facilitates the Booking process but is not the owner or borrower of the Tool.

Nothing in these Terms limits any legal rights or obligations that cannot lawfully be excluded.

6.5 Rental Period

Unless otherwise agreed through the Platform, the Rental Period commences at the agreed collection or delivery time and concludes when the Tool is returned to the Owner in accordance with the Booking.

Tool-O calculates rental charges on a calendar-day basis unless expressly stated otherwise.

Collection and return times are used for operational purposes and do not alter the calendar-day pricing model.

6.6 Collection

Where a Booking requires collection by the Borrower:

\(a\) the Borrower must attend the agreed location at the agreed time;

\(b\) the Owner must make reasonable efforts to have the Tool available at the agreed time;

\(c\) both parties should communicate promptly if delays arise.

6.7 Delivery

Where delivery has been selected:

\(a\) the Owner must use reasonable efforts to deliver the Tool within the agreed timeframe;

\(b\) the Borrower must ensure a person is available to receive the Tool where required;

\(c\) additional delivery charges may apply in accordance with the Booking.

6.8 Return

Unless otherwise agreed:

\(a\) the Borrower must return the Tool at the agreed location and time;

\(b\) where Owner pickup has been selected, the Borrower must make the Tool reasonably available for collection;

\(c\) the Tool should be returned together with all accessories supplied at handover.

6.9 Changes to Bookings

Owners and Borrowers may request changes to:

• Rental Period;

• collection time;

• delivery arrangements;

• return arrangements;

• pickup location;

• other Booking details.

Booking changes are not effective until accepted through the Platform or otherwise confirmed by Tool-O.

6.10 Communication

Owners and Borrowers should communicate through Tool-O Messages.

Messages exchanged through the Platform may be considered during any Claim, dispute or investigation.

Tool-O cannot verify communications occurring outside the Platform.

Users acknowledge that communications conducted outside Tool-O may not be considered during dispute resolution.

6.11 Failure to Attend

Where either party fails to attend an agreed handover without reasonable notice:

\(a\) Tool-O may treat the failure as a cancellation or no-show in accordance with the Cancellation Policy;

\(b\) Platform Fees may remain payable;

\(c\) refunds or compensation will be determined under the Cancellation Policy.

Repeated failures to attend may result in suspension or removal from the Platform.

6.12 Booking Records

Tool-O maintains electronic records relating to Bookings.

These records may include:

• Booking requests;

• Booking confirmations;

• payment records;

• timestamps;

• messages;

• photographs;

• identity verification records;

• refund records;

• payout records;

• dispute history.

Users acknowledge that these records may be relied upon by Tool-O when administering the Platform, investigating Claims or complying with legal obligations.

7.1 General

All payments relating to Bookings must be made through the Tool-O Platform unless Tool-O expressly authorises another payment method.

Users must not request, encourage or accept payment outside the Platform for any Booking initiated through Tool-O.

Circumventing the Platform to avoid Platform Fees is a material breach of these Terms.

7.2 Payment Processing

Tool-O uses third-party payment providers to process payments.

By using the Platform, Users authorise Tool-O and its payment providers to:

\(a\) charge payment methods for Rental Amounts, Platform Fees and any other authorised charges;

\(b\) authorise, place on hold, collect or release Security Deposits in accordance with these Terms;

\(c\) process refunds;

\(d\) process Owner payouts;

\(e\) verify payment methods;

\(f\) take any reasonable steps necessary to complete payment processing.

Users acknowledge that payment processing services are subject to the terms and conditions of the applicable payment provider.

7.3 Payment Methods

Borrowers must maintain at least one valid payment method.

The Borrower authorises Tool-O to charge that payment method for:

• Rental Amounts;

• Platform Fees;

• Security Deposits where applicable;

• approved additional charges;

• applicable taxes;

• late return charges;

• charges arising from approved Claims;

• any other amounts payable under these Terms.

If a payment method fails, Tool-O may retry the payment using the same or another valid payment method associated with the Borrower's Account.

7.4 Rental Charges

The Rental Amount displayed at checkout forms part of the Booking Confirmation.

Unless otherwise stated, Rental Amounts do not include:

• Security Deposits;

• optional delivery charges;

• optional pickup charges;

• applicable taxes where separately identified;

• additional charges arising after the Booking.

7.5 Platform Fees

Tool-O charges Platform Fees for operating the marketplace.

Platform Fees may be charged to:

• Owners;

• Borrowers; or

• both,

depending on the pricing structure applicable at the time of the Booking.

Platform Fees are non-refundable except where required by law or expressly stated in these Terms.

Tool-O may amend Platform Fees from time to time.

Changes will not affect Bookings already confirmed unless required by law.

7.6 Owner Payouts

Following completion of a Booking, Tool-O will arrange payment of the applicable Rental Amount to the Owner, less:

• Platform Fees;

• payment processing fees (where applicable);

• approved adjustments;

• amounts withheld under these Terms.

Tool-O may delay a payout where reasonably necessary to:

\(a\) investigate a Claim;

\(b\) investigate suspected fraud;

\(c\) comply with legal obligations;

\(d\) verify Account information;

\(e\) complete payment processing.

7.7 Payment Failures

If a payment cannot be successfully processed, Tool-O may:

• cancel the Booking;

• suspend the User's Account;

• refuse future Bookings;

• retry payment;

• require an alternative payment method;

• commence recovery action for unpaid amounts.

Users remain liable for all amounts properly payable under these Terms.

7.8 Currency

Unless otherwise stated, all amounts displayed on the Platform are in Australian Dollars (AUD).

Tool-O may display estimated currency conversions for convenience only.

The payment provider determines any applicable exchange rates.

Tool-O is not responsible for exchange rate fluctuations or fees charged by financial institutions.

7.9 Taxes

Users are responsible for determining and complying with their own taxation obligations.

Where required by law, Tool-O may collect, withhold, remit or report taxes relating to Bookings.

Owners remain responsible for reporting rental income and complying with all applicable taxation laws.

7.10 Payment Disputes

If a User believes a payment has been made in error, the User must notify Tool-O as soon as reasonably practicable.

Tool-O may investigate the matter and request supporting documentation.

Where an error is identified, Tool-O may:

• reverse a payment;

• issue a refund;

• recover an overpayment;

• adjust a future payout;

• take any other reasonable action necessary to correct the error.

Nothing in this section limits any rights available under Australian law.

7.11 Payment Security

Tool-O does not store complete payment card details.

Payment information is processed using third-party payment providers employing industry-standard security measures.

Although Tool-O takes reasonable steps to protect payment information, no electronic payment system can be guaranteed to be completely secure.

Users acknowledge that they provide payment information at their own risk, subject to the protections available under applicable law.

7.12 Prohibited Payment Conduct

Users must not:

\(a\) make payments outside the Platform for Bookings initiated through Tool-O;

\(b\) request another User to avoid Platform Fees;

\(c\) submit fraudulent payment disputes;

\(d\) use stolen or unauthorised payment methods;

\(e\) interfere with payment processing;

\(f\) attempt to manipulate payouts or Security Deposits.

Any breach of this section may result in immediate suspension or permanent termination of the User's Account and may be reported to law enforcement where appropriate.

8.1 Purpose of the Security Deposit

A Security Deposit is intended to provide financial security for certain losses arising from a Booking.

The Security Deposit is not insurance.

The Security Deposit does not limit a Borrower's legal liability where losses exceed the deposited amount.

The Security Deposit does not guarantee that every Claim will be approved.

8.2 Deposit Amount

Each Listing may specify a Security Deposit amount.

Tool-O reserves the right to impose minimum or maximum deposit limits.

Tool-O may require different deposit amounts depending on factors including:

• Tool value;

• rental history;

• category of Tool;

• User history;

• fraud risk;

• any other reasonable risk assessment.

8.3 Deposit Authorisation

Prior to the commencement of a Booking, Tool-O may:

\(a\) place a temporary authorisation hold on the Borrower's payment method;

\(b\) charge the Security Deposit;

\(c\) use another deposit method determined by Tool-O.

The method used may vary depending on payment provider capabilities and operational requirements.

8.4 Release of Deposit

Subject to these Terms, Tool-O will seek to release the Refundable Deposit after:

\(a\) the Tool has been returned;

\(b\) any applicable Claim period has expired;

\(c\) no approved Claim remains outstanding;

\(d\) any required review has been completed.

The timing of release may depend on payment provider processing times.

Tool-O is not responsible for delays caused solely by financial institutions or payment providers.

8.5 Claims Against the Deposit

An Owner may request that all or part of a Security Deposit be applied towards an approved Claim.

Claims may relate to:

• physical damage;

• missing accessories;

• theft;

• loss;

• excessive cleaning;

• unauthorised modifications;

• late return charges;

• any other loss permitted under these Terms.

Approval of a Claim is subject to the Claims & Dispute Policy.

8.6 Evidence Requirements

An Owner making a Claim should provide evidence supporting the claimed loss.

Evidence may include:

• photographs;

• videos;

• invoices;

• repair quotations;

• receipts;

• inspection reports;

• chat messages;

• Booking records;

• any other information reasonably requested by Tool-O.

Borrowers may also submit evidence in response to a Claim.

Failure by either party to provide requested information may affect the outcome of a Claim.

8.7 AI-Assisted Review

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

AI-assisted reviews may consider:

• before and after photographs;

• timestamps;

• uploaded evidence;

• messages exchanged through the Platform;

• Booking history;

• previous Claims;

• metadata;

• any other relevant information.

AI-generated recommendations do not automatically determine the outcome of a Claim.

Tool-O may conduct a manual review where appropriate.

8.8 Manual Review

Tool-O may manually review any Claim.

Manual review may occur where:

\(a\) evidence is inconclusive;

\(b\) fraud is suspected;

\(c\) conflicting evidence exists;

\(d\) the value of the Claim is significant;

\(e\) AI confidence is insufficient;

\(f\) either party disputes the preliminary outcome;

\(g\) Tool-O otherwise considers manual review appropriate.

Tool-O may request additional information from either party during the review process.

8.9 Partial Release

Where appropriate, Tool-O may:

• release part of the Security Deposit;

• retain part of the Security Deposit;

• apply part of the Security Deposit towards an approved Claim.

Partial release does not affect any remaining legal rights available to either party.

8.10 Insufficient Deposit

If an approved Claim exceeds the Security Deposit:

\(a\) the Borrower remains liable for the balance of the approved Claim to the extent permitted by law;

\(b\) Tool-O may seek payment using an authorised payment method;

\(c\) Tool-O may suspend the Borrower's Account until outstanding amounts have been paid;

\(d\) Tool-O may pursue any other lawful recovery options available.

8.11 Fraudulent Claims

Users must not submit false, misleading or fraudulent Claims.

Where Tool-O reasonably believes that a User has deliberately submitted false information, Tool-O may:

• reject the Claim;

• reverse any payment made;

• suspend or terminate the User's Account;

• report suspected criminal conduct to the appropriate authorities;

• pursue any other remedies available at law.

8.12 No Waiver

Release of a Security Deposit does not constitute an admission that:

\(a\) no damage occurred;

\(b\) no legal liability exists;

\(c\) a User has waived any legal rights available outside these Terms.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded under Australian law.

9.1 General Responsibilities

Owners are responsible for ensuring that every Tool offered through the Platform is safe, lawful and suitable for rental.

Owners remain solely responsible for their Tools before, during and after each Booking except to the extent that responsibility transfers to a Borrower under these Terms.

9.2 Ownership and Authority

By listing a Tool, the Owner represents and warrants that:

\(a\) they own the Tool or have lawful authority to rent it;

\(b\) the Tool is not stolen;

\(c\) renting the Tool does not breach any finance agreement, lease, security interest, employment agreement or other legal obligation;

\(d\) all information supplied to Tool-O is accurate.

9.3 Safe Condition

The Owner must ensure that every Tool supplied to a Borrower:

• is in safe working order;

• is fit for its intended purpose, subject to disclosed limitations;

• has been reasonably maintained;

• is free from known dangerous defects;

• complies with applicable Australian safety laws.

Owners must not knowingly provide unsafe Tools.

9.4 Maintenance

Owners are solely responsible for:

• servicing;

• maintenance;

• repairs;

• inspections;

• calibration;

• replacement of worn parts;

• manufacturer recalls;

• software updates where applicable.

Tool-O does not undertake maintenance or inspection of Tools.

9.5 Handover Condition

At the commencement of each Booking, the Owner should ensure that:

\(a\) the Tool is reasonably clean;

\(b\) all advertised accessories are included;

\(c\) batteries are supplied where advertised;

\(d\) chargers are supplied where advertised;

\(e\) keys are supplied where applicable;

\(f\) operating manuals are supplied where appropriate;

\(g\) the Tool matches the Listing description.

9.6 Handover Evidence

Owners are strongly encouraged to record the condition of the Tool immediately before handover.

Evidence may include:

• photographs;

• videos;

• serial numbers;

• accessory inventories;

• timestamps;

• condition reports.

Failure to record evidence does not prevent an Owner from making a Claim but may affect the available evidence during any review.

9.7 Instructions

Where reasonably necessary, the Owner should provide the Borrower with instructions for the safe operation of the Tool.

The Owner should disclose any known limitations or operating requirements.

Providing instructions does not relieve the Borrower of responsibility for operating the Tool safely.

9.8 Availability

Owners must use reasonable efforts to honour confirmed Bookings.

Where an Owner becomes aware that a Booking cannot proceed, the Owner should notify the Borrower as soon as reasonably practicable.

Repeated cancellations may result in:

• reduced Listing visibility;

• temporary suspension;

• permanent removal from the Platform.

9.9 Collection and Delivery

Owners must attend agreed collection or delivery arrangements unless prevented by circumstances beyond their reasonable control.

Where delays occur, Owners should promptly notify the Borrower through Tool-O Messages.

9.10 Claims

If an Owner believes that:

• a Tool has been damaged;

• accessories are missing;

• the Tool has not been returned;

• excessive cleaning is required;

• another compensable loss has occurred,

the Owner should submit a Claim through the Platform in accordance with the Claims & Dispute Policy.

Owners should submit Claims as soon as reasonably practicable after becoming aware of the issue.

9.11 Cooperation

Owners agree to reasonably cooperate with Tool-O during:

• Claims;

• investigations;

• fraud reviews;

• safety investigations;

• identity verification;

• payment verification.

Failure to cooperate may affect the outcome of a Claim or the continued use of the Platform.

9.12 Compliance with Law

Owners remain responsible for complying with all applicable laws relating to:

• ownership;

• licensing;

• taxation;

• workplace safety;

• consumer protection;

• environmental obligations;

• transport requirements;

• any other laws applicable to the ownership or rental of their Tools.

Nothing in these Terms transfers those legal responsibilities to Tool-O.

10.1 General Responsibilities

Borrowers are responsible for using every Tool safely, lawfully and with reasonable care throughout the Rental Period.

Borrowers acknowledge that they assume responsibility for the Tool from the time of Handover until the Tool is returned in accordance with these Terms.

10.2 Inspection at Handover

Before taking possession of a Tool, the Borrower should inspect the Tool to ensure it generally matches the Listing and appears suitable for the intended rental.

If the Borrower identifies any issue, including but not limited to:

• damage;

• missing accessories;

• excessive wear;

• incorrect Tool;

• apparent safety concerns; or

• any discrepancy with the Listing,

the Borrower should notify the Owner immediately and record the issue through Tool-O Messages before using the Tool.

Failure to notify the Owner does not automatically make the Borrower responsible for any pre-existing issue, however it may affect the evidence available during a Claim review.

10.3 Proper Use

Borrowers must use every Tool:

\(a\) only for its intended purpose;

\(b\) in accordance with any operating instructions provided;

\(c\) in a safe and responsible manner;

\(d\) in compliance with all applicable laws;

\(e\) using appropriate protective equipment where required.

Borrowers must exercise reasonable skill and care when operating any Tool.

10.4 Prohibited Use

Unless expressly authorised by the Owner, Borrowers must not:

• use a Tool for any unlawful purpose;

• intentionally misuse or abuse a Tool;

• use a Tool while impaired by alcohol or drugs;

• use a Tool in a reckless or dangerous manner;

• remove or alter safety devices;

• disable security features;

• modify or dismantle the Tool;

• sub-rent, lend or lease the Tool to another person;

• allow an unauthorised person to operate the Tool where doing so would

be unsafe or unlawful;

• use the Tool outside Australia where prohibited by law or by the

Owner.

10.5 Care of the Tool

During the Rental Period the Borrower must take reasonable care of the Tool.

This includes taking reasonable steps to protect the Tool from:

• theft;

• loss;

• vandalism;

• weather damage where inappropriate exposure could reasonably be

avoided;

• avoidable damage;

• misuse by third parties.

Borrowers must not intentionally expose the Tool to unnecessary risk.

10.6 Security

When the Tool is not in use, the Borrower should take reasonable steps to secure it.

Reasonable security measures may include:

• locking the Tool where appropriate;

• storing the Tool in a secure location;

• preventing unauthorised access;

• protecting keys, batteries or security devices.

10.7 Maintenance During Rental

Borrowers must not perform repairs or modifications unless:

\(a\) authorised by the Owner; or

\(b\) reasonably necessary to prevent immediate damage or ensure safety.

Routine cleaning and normal operational care may be undertaken where appropriate.

10.8 Damage

If the Tool becomes damaged during the Rental Period, the Borrower must notify the Owner through Tool-O as soon as reasonably practicable.

The Borrower must not attempt to conceal any damage.

Notification of damage does not constitute an admission of liability.

10.9 Breakdown

If a Tool breaks down during the Rental Period, the Borrower should:

\(a\) cease using the Tool if continued operation may cause further damage or create a safety risk;

\(b\) notify the Owner as soon as reasonably practicable;

\(c\) follow any reasonable instructions provided by the Owner.

Borrowers must not continue using a Tool they reasonably believe to be unsafe.

10.10 Theft or Loss

If a Tool is stolen, lost or believed to have been stolen, the Borrower must:

\(a\) notify the Owner immediately;

\(b\) notify Tool-O as soon as reasonably practicable;

\(c\) report the matter to police where appropriate;

\(d\) reasonably cooperate with any investigation.

10.11 Return Condition

Unless otherwise agreed, the Borrower must return the Tool:

• at the agreed location;

• at the agreed time;

• with all supplied accessories;

• in substantially the same condition as received, allowing for fair

wear and tear;

• reasonably clean.

Normal wear and tear resulting from ordinary use does not constitute damage.

10.12 Late Returns

If the Borrower is unable to return the Tool at the agreed time, the Borrower should notify the Owner immediately through Tool-O Messages.

Late returns may result in:

• additional rental charges;

• late return fees;

• cancellation of future Bookings;

• suspension of the Borrower's Account;

• recovery of additional losses where permitted by law.

10.13 Cooperation

Borrowers agree to reasonably cooperate with Tool-O during:

• Claims;

• payment investigations;

• fraud investigations;

• safety investigations;

• identity verification;

• dispute resolution.

Failure to cooperate may affect the outcome of a Claim or continued access to the Platform.

10.14 Compliance with Law

Borrowers are responsible for ensuring that their use of a Tool complies with all applicable laws, regulations and safety requirements.

Nothing in these Terms authorises the unlawful use of any Tool.

11.1 General

Owners and Borrowers must use reasonable efforts to complete all deliveries, collections and returns at the agreed time and location.

Each party must communicate promptly if circumstances arise that may affect the agreed arrangements.

11.2 Collection by Borrower

Where a Booking specifies collection by the Borrower:

\(a\) the Owner must make the Tool reasonably available at the agreed location and time;

\(b\) the Borrower must attend the agreed location at the agreed time;

\(c\) both parties should allow a reasonable period for inspection of the Tool before handover.

11.3 Delivery by Owner

Where delivery has been selected:

\(a\) the Owner must use reasonable efforts to deliver the Tool to the agreed location within the agreed timeframe;

\(b\) the Borrower must ensure that an authorised person is available to receive the Tool;

\(c\) any delivery fees payable will be those specified in the Booking Confirmation unless otherwise agreed through the Platform.

11.4 Owner Pickup

Where the Booking specifies that the Owner will collect the Tool at the end of the Rental Period:

\(a\) the Borrower must make the Tool available at the agreed location and time;

\(b\) the Tool must be reasonably accessible for collection;

\(c\) if the Owner cannot complete the collection due to the Borrower's failure to make the Tool available, additional charges may apply in accordance with these Terms.

11.5 Inspection at Handover

Owners and Borrowers are encouraged to inspect the Tool together at both:

• commencement of the Rental Period; and

• return of the Tool.

Inspection should include, where applicable:

• overall condition;

• accessories;

• batteries;

• chargers;

• keys;

• attachments;

• obvious damage;

• cleanliness;

• functionality.

Neither party is obliged to sign a written inspection report unless otherwise agreed.

11.6 Handover Evidence

Owners and Borrowers are strongly encouraged to create photographic or video evidence at handover and return.

Evidence should clearly show, where reasonably practicable:

• all sides of the Tool;

• accessories;

• serial numbers;

• existing cosmetic damage;

• operating condition where relevant;

• date and time information where available.

Such evidence may be relied upon by Tool-O when assessing a Claim.

11.7 Failure to Attend

If either party reasonably believes they will be late, they should notify the other party through Tool-O Messages as soon as practicable.

Failure to attend without reasonable notice may constitute:

• a cancellation;

• a no-show; or

• a breach of these Terms,

depending on the circumstances.

Tool-O may consider all relevant evidence before determining any consequences.

11.8 Third Party Collection

An Owner or Borrower may nominate another person to collect or deliver a Tool only where:

\(a\) the other party agrees;

\(b\) the nominated person is authorised by the relevant User;

\(c\) Tool-O's verification requirements, if any, have been satisfied.

The User making the nomination remains fully responsible for the acts and omissions of the nominated person.

11.9 Delay Beyond Reasonable Control

Neither the Owner nor the Borrower will be considered in breach of this section where a delay is caused by circumstances beyond their reasonable control, including but not limited to:

• severe weather;

• road closures;

• emergency services directions;

• natural disasters;

• serious accidents;

• other unforeseen events.

The affected party should notify the other party as soon as reasonably practicable.

11.10 Failure of Handover

If a handover cannot reasonably be completed, Tool-O may determine the appropriate outcome in accordance with:

• these Terms;

• the Cancellation & Refund Policy;

• the Payment Terms; and

• any other applicable Tool-O Policy.

11.11 Transfer of Possession

Responsibility for the physical possession of the Tool transfers to the Borrower when the Tool is handed over to the Borrower or the Borrower's authorised representative.

Responsibility transfers back to the Owner when the Tool is returned to the Owner or the Owner's authorised representative in accordance with the Booking.

Nothing in this clause limits any legal rights or obligations arising under Australian law.

11.12 Communication Records

Owners and Borrowers acknowledge that communications exchanged through Tool-O Messages relating to collection, delivery or return may be retained by Tool-O and may be considered during investigations, Claims or dispute resolution processes.

12.1 General

Tool-O recognises that circumstances may arise requiring a Booking to be cancelled.

Cancellation outcomes will depend on the circumstances of the cancellation, the timing of the cancellation and these Terms.

12.2 Cancellation by Borrower

A Borrower may cancel a Booking before the Rental Period commences through the Platform.

Any applicable refund will be determined in accordance with the cancellation policy applicable at the time of the Booking.

Repeated cancellations by a Borrower may result in reduced access to the Platform or suspension of the Borrower's Account.

12.3 Cancellation by Owner

If an Owner is unable to honour a confirmed Booking, the Owner should cancel the Booking as soon as reasonably practicable through the Platform.

Owners should avoid cancelling confirmed Bookings except where reasonably necessary.

Repeated cancellations by an Owner may result in:

• reduced Listing visibility;

• temporary suspension;

• permanent removal from the Platform;

• any other reasonable action determined by Tool-O.

12.4 Cancellation by Tool-O

Tool-O may cancel a Booking where it reasonably believes that cancellation is necessary, including where:

\(a\) fraud is suspected;

\(b\) payment cannot be processed;

\(c\) identity verification has failed;

\(d\) the Listing breaches these Terms;

\(e\) the Tool presents an apparent safety risk;

\(f\) continued performance of the Booking may expose Users or Tool-O to unreasonable risk;

\(g\) cancellation is required by law.

Tool-O will use reasonable efforts to notify affected Users.

12.5 Mutual Cancellation

Owners and Borrowers may mutually agree to cancel a Booking.

Where both parties agree, Tool-O may process any applicable refund in accordance with these Terms and the applicable cancellation policy.

12.6 No-Show by Borrower

A Borrower may be considered a no-show where the Borrower:

\(a\) fails to attend the agreed handover location within a reasonable period without prior notice;

\(b\) cannot be contacted using the contact details provided through the Platform; or

\(c\) otherwise fails to collect the Tool without reasonable explanation.

Where a Borrower is determined to be a no-show, refunds may be reduced or denied in accordance with these Terms.

12.7 No-Show by Owner

An Owner may be considered a no-show where the Owner:

\(a\) fails to attend the agreed handover location within a reasonable period;

\(b\) fails to provide the Tool without reasonable explanation;

\(c\) cannot be contacted using the contact details provided through the Platform.

Where an Owner is determined to be a no-show, Tool-O may provide the Borrower with an appropriate refund and may take action against the Owner's Account.

12.8 Refunds

Where a refund is approved, Tool-O will use reasonable efforts to process the refund through the original payment method wherever practicable.

Refund processing times depend on payment providers and financial institutions.

Tool-O is not responsible for delays caused solely by payment providers or financial institutions.

12.9 Partial Refunds

Tool-O may determine that only part of the Rental Amount should be refunded where appropriate.

Factors that may be considered include:

• the stage of the Booking;

• whether the Tool was collected;

• whether delivery occurred;

• the length of the completed Rental Period;

• costs reasonably incurred;

• any other relevant circumstances.

12.10 Non-Refundable Amounts

Unless required by law or otherwise determined by Tool-O, the following may be non-refundable:

• Platform Fees;

• payment processing fees already incurred;

• completed delivery services;

• completed pickup services;

• charges arising from approved Claims;

• other amounts identified during checkout.

12.11 Exceptional Circumstances

Tool-O may, in its sole discretion, provide refunds or waive cancellation consequences where exceptional circumstances exist.

Exceptional circumstances may include:

• natural disasters;

• serious illness;

• government restrictions;

• emergency evacuations;

• death of an immediate family member;

• other events beyond a User's reasonable control.

Supporting documentation may be requested.

12.12 Australian Consumer Law

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded.

13.1 General

Where an Owner believes that loss, damage or another compensable event has occurred during a Booking, the Owner may submit a Claim through the Platform.

Claims must be submitted in accordance with these Terms and any applicable Tool-O Policies.

13.2 Claim Types

Claims may include, but are not limited to:

• physical damage;

• missing accessories;

• theft;

• loss of the Tool;

• excessive cleaning;

• unauthorised modifications;

• late return charges;

• costs reasonably incurred due to the Borrower's breach of these Terms;

• any other compensable loss approved by Tool-O.

13.3 Claim Submission

An Owner should submit a Claim as soon as reasonably practicable after becoming aware of the issue.

A Claim should include sufficient information to enable Tool-O to assess the matter.

Tool-O may decline to consider Claims submitted after an unreasonable delay where that delay materially affects the ability to investigate the Claim.

13.4 Supporting Evidence

A Claim should, where available, include:

• photographs;

• videos;

• timestamps;

• receipts;

• invoices;

• repair quotations;

• replacement quotations;

• serial numbers;

• communication records;

• inspection reports;

• any other relevant evidence.

Tool-O may request additional information from either party.

13.5 Borrower Response

Where a Claim is submitted, the Borrower will ordinarily be given an opportunity to respond.

The Borrower may submit:

• photographs;

• videos;

• explanations;

• receipts;

• expert reports;

• chat records;

• any other relevant information.

Failure to respond does not automatically result in the Claim being approved.

13.6 Review Process

Tool-O may assess Claims using one or more of the following:

\(a\) information submitted by the Owner;

\(b\) information submitted by the Borrower;

\(c\) Booking records;

\(d\) payment records;

\(e\) photographs and videos;

\(f\) Tool-O Messages;

\(g\) AI-assisted review;

\(h\) manual review;

\(i\) any other information reasonably considered relevant.

Tool-O may request further information before reaching a decision.

13.7 AI-Assisted Assessment

Tool-O may use artificial intelligence to assist in evaluating Claims.

AI systems may analyse:

• uploaded evidence;

• before and after photographs;

• timestamps;

• metadata;

• communication history;

• Booking information;

• previous Claim history;

• any other relevant information.

AI-assisted assessments are intended to support, but not replace, Tool-O's review processes.

13.8 Manual Assessment

Tool-O may conduct a manual assessment at any stage.

Manual assessment may occur where:

• evidence conflicts;

• fraud is suspected;

• AI review is inconclusive;

• the value of the Claim is significant;

• either party disputes the preliminary assessment;

• Tool-O otherwise considers manual review appropriate.

13.9 Resolution

After completing its review, Tool-O may determine that:

\(a\) no Claim is established;

\(b\) the Claim should be approved in full;

\(c\) the Claim should be approved in part;

\(d\) further information is required;

\(e\) the matter should proceed to manual review;

\(f\) the matter should be closed without payment;

\(g\) any other reasonable outcome consistent with these Terms.

13.10 Settlement

Where a Claim is approved, Tool-O may:

• apply all or part of the Security Deposit;

• charge an authorised payment method where permitted;

• arrange payment to the Owner;

• release any remaining Security Deposit;

• make any necessary payment adjustments.

Settlement of a Claim does not constitute an admission of legal liability by either party.

13.11 Fair Wear and Tear

Owners acknowledge that Tools may experience normal wear and tear through ordinary use.

Normal wear and tear is not, by itself, grounds for a successful Claim.

When determining whether damage exceeds fair wear and tear, Tool-O may consider:

• the age of the Tool;

• previous condition;

• expected depreciation;

• intended use;

• available evidence.

13.12 Fraudulent or Misleading Claims

Users must not knowingly submit false, misleading or exaggerated Claims.

Where Tool-O reasonably believes a User has acted dishonestly, Tool-O may:

• reject the Claim;

• reverse payments;

• suspend or terminate the User's Account;

• report suspected unlawful conduct to relevant authorities;

• pursue any other lawful remedy available.

13.13 Tool-O Decision

To the extent permitted by law, Tool-O's decision regarding the administration of a Claim under these Terms will be final for the purposes of operating the Platform.

Nothing in this clause limits any rights or remedies available to Users under the Australian Consumer Law or any other applicable legislation.

13.14 Preservation of Rights

The completion of a Claim through the Platform does not prevent any party from exercising legal rights or remedies available under applicable law, except to the extent that the parties have separately agreed otherwise.

14.1 General

Users must not use the Platform in any manner that is unlawful, fraudulent, misleading, unsafe or inconsistent with these Terms.

Users must not encourage, assist or facilitate another person to breach these Terms.

14.2 Illegal Activities

Users must not use the Platform or any Tool for:

\(a\) criminal activity;

\(b\) unlawful conduct;

\(c\) fraud;

\(d\) money laundering;

\(e\) terrorism financing;

\(f\) theft;

\(g\) handling stolen property;

\(h\) any activity prohibited under applicable law.

14.3 Unsafe Conduct

Users must not:

• intentionally operate a Tool in a dangerous manner;

• remove or disable safety devices;

• ignore reasonable safety instructions;

• knowingly expose another person to unnecessary risk;

• use a Tool while impaired by alcohol or drugs;

• use a Tool where they lack the necessary competence to operate it

safely.

14.4 Fraudulent Conduct

Users must not:

• create false Accounts;

• impersonate another person;

• use false identification;

• provide misleading information;

• manipulate Bookings;

• manipulate reviews;

• manipulate Claims;

• submit false evidence;

• engage in payment fraud;

• misuse Security Deposits.

14.5 Circumvention

Users must not:

\(a\) complete Bookings outside the Platform after first connecting through Tool-O;

\(b\) encourage another User to avoid Platform Fees;

\(c\) exchange contact details for the purpose of avoiding Platform Fees before a Booking is confirmed;

\(d\) otherwise interfere with Tool-O's legitimate business operations.

14.6 Platform Misuse

Users must not:

• interfere with the operation of the Platform;

• introduce malicious software;

• attempt to gain unauthorised access to any system;

• interfere with security measures;

• scrape, harvest or extract Platform data without authorisation;

• use automated bots except where expressly permitted by Tool-O;

• interfere with another User's enjoyment of the Platform.

14.7 Intellectual Property Misuse

Users must not:

• copy Platform content without permission;

• reproduce Tool-O branding without authorisation;

• remove copyright notices;

• misuse trademarks;

• falsely represent affiliation with Tool-O.

14.8 Misuse of Listings

Users must not:

• create misleading Listings;

• advertise Tools they are not authorised to rent;

• intentionally misrepresent a Tool's condition;

• list prohibited Tools;

• repeatedly create duplicate Listings to manipulate search results.

14.9 Harassment

Users must not:

• threaten another User;

• harass another User;

• bully another User;

• discriminate against another User;

• publish offensive, abusive or hateful material;

• engage in stalking or intimidation.

14.10 Privacy Violations

Users must not:

• disclose another User's personal information without lawful authority;

• collect personal information for unauthorised purposes;

• misuse personal information obtained through the Platform.

14.11 Review Manipulation

Users must not:

• submit false reviews;

• offer incentives for positive reviews;

• threaten negative reviews to obtain benefits;

• create multiple Accounts to influence ratings.

14.12 Consequences

Where Tool-O reasonably believes that a User has breached this section, Tool-O may:

• issue a warning;

• remove Listings;

• cancel Bookings;

• suspend or terminate Accounts;

• withhold payouts where reasonably necessary;

• refuse future access to the Platform;

• report suspected unlawful conduct to appropriate authorities;

• pursue any other lawful remedy available.

The exercise of one remedy does not prevent Tool-O from exercising any other rights available under these Terms or applicable law.

15.1 Suspension by Tool-O

Tool-O may suspend a User's Account immediately where it reasonably believes that suspension is necessary to:

\(a\) protect Users;

\(b\) protect the Platform;

\(c\) investigate suspected fraud;

\(d\) investigate safety concerns;

\(e\) comply with legal obligations;

\(f\) prevent financial loss;

\(g\) prevent misuse of the Platform.

Suspension may be temporary or permanent.

15.2 Grounds for Suspension

Without limiting any other rights available to Tool-O, an Account may be suspended where a User:

• breaches these Terms;

• provides false or misleading information;

• repeatedly cancels confirmed Bookings;

• repeatedly fails to attend handovers;

• submits fraudulent Claims;

• engages in payment fraud;

• receives repeated substantiated safety complaints;

• attempts to avoid Platform Fees;

• misuses another User's personal information;

• engages in unlawful conduct;

• otherwise poses an unacceptable risk to the Platform or its Users.

15.3 Investigations

During an investigation, Tool-O may:

\(a\) request additional information;

\(b\) request identification documents;

\(c\) temporarily pause Bookings;

\(d\) temporarily withhold payouts;

\(e\) temporarily delay Security Deposit releases;

\(f\) communicate with affected Users;

\(g\) review Platform records;

\(h\) cooperate with law enforcement or regulatory authorities where required by law.

Users agree to reasonably cooperate with such investigations.

15.4 Immediate Action

Tool-O may immediately suspend or terminate an Account without prior notice where Tool-O reasonably believes that immediate action is necessary to:

• prevent fraud;

• protect the safety of Users;

• comply with legal obligations;

• protect Tool-O's systems or business operations;

• prevent significant financial loss.

15.5 User-Initiated Closure

A User may request closure of their Account at any time through the Platform.

Tool-O may delay closure until:

\(a\) outstanding Bookings have concluded;

\(b\) outstanding Claims have been resolved;

\(c\) outstanding payments have been completed;

\(d\) legal obligations have been satisfied.

15.6 Effect of Suspension

During suspension, Tool-O may:

• prevent new Bookings;

• prevent new Listings;

• pause ongoing payouts;

• restrict messaging functions;

• remove Listings from public view;

• disable access to certain Platform features.

Suspension does not automatically cancel existing legal obligations between Users.

15.7 Effect of Termination

Following termination:

\(a\) access to the Platform may cease;

\(b\) Listings may be removed;

\(c\) future Bookings may be prohibited;

\(d\) outstanding payments may still be processed;

\(e\) outstanding Claims may continue to be investigated;

\(f\) legal obligations accrued before termination continue to apply.

15.8 Outstanding Obligations

Termination or suspension does not release a User from obligations arising before suspension or termination, including obligations relating to:

• unpaid amounts;

• approved Claims;

• Security Deposits;

• indemnities;

• legal proceedings;

• taxation obligations.

15.9 Re-registration

Users whose Accounts have been terminated must not create another Account without Tool-O's prior written consent.

Tool-O may refuse to register or verify any new Account reasonably believed to be associated with a previously terminated User.

15.10 No Compensation

To the extent permitted by law, Tool-O is not liable for any loss of income, business opportunity, reputation or anticipated profit arising solely from a lawful suspension or termination carried out in accordance with these Terms.

15.11 Survival

Any provisions of these Terms which by their nature are intended to survive suspension or termination, including provisions relating to payments, Claims, intellectual property, liability, indemnities, dispute resolution and governing law, will continue to apply after the User's Account has been suspended or terminated.

16.1 Ownership

The Platform, including all content made available by Tool-O, is owned by or licensed to Tool-O and is protected by Australian and international intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property rights to a User.

16.2 Tool-O Intellectual Property

Tool-O owns or licenses all rights, title and interest in the Platform, including but not limited to:

• software;

• source code;

• object code;

• databases;

• website design;

• mobile applications;

• graphics;

• logos;

• trademarks;

• business names;

• text;

• images;

• videos;

• documentation;

• AI systems;

• algorithms;

• workflows;

• branding;

• user interfaces.

All rights not expressly granted are reserved.

16.3 Limited Licence

Subject to these Terms, Tool-O grants each User a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform solely for its intended purpose.

This licence does not permit Users to:

\(a\) copy the Platform;

\(b\) reproduce Platform content;

\(c\) distribute Platform content;

\(d\) modify Platform content;

\(e\) reverse engineer Platform software;

\(f\) commercially exploit the Platform;

\(g\) create derivative works from the Platform;

\(h\) use Platform content for competing services.

16.4 User Content

Users retain ownership of content they upload to the Platform, including:

• photographs;

• Listing descriptions;

• reviews;

• messages;

• videos;

• documents;

• Claim evidence;

• profile information.

Users warrant that they have all necessary rights to upload such content.

16.5 Licence to Tool-O

By uploading content to the Platform, a User grants Tool-O a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to:

• host;

• store;

• reproduce;

• display;

• publish;

• communicate;

• distribute;

• adapt;

• resize;

• translate;

• analyse;

• process;

• use the content,

solely for purposes reasonably connected with operating, improving, securing, marketing and administering the Platform.

This licence continues for as long as reasonably necessary to operate the Platform or comply with legal obligations.

16.6 AI Processing

Users acknowledge that content uploaded to the Platform may be processed using artificial intelligence technologies for purposes including:

• Claim assessment;

• fraud detection;

• image analysis;

• document analysis;

• safety improvements;

• customer support;

• Platform improvements.

Such processing will occur in accordance with Tool-O's Privacy Policy and applicable law.

16.7 Feedback

If a User provides suggestions, recommendations or feedback relating to the Platform, the User grants Tool-O an irrevocable, perpetual, worldwide, royalty-free licence to use that feedback without restriction or compensation.

16.8 Trademarks

The Tool-O name, logo and associated branding are trademarks or valuable business assets of Tool-O.

Users must not use Tool-O branding without Tool-O's prior written consent.

16.9 Copyright Infringement

If a person believes that content available on the Platform infringes their intellectual property rights, they should notify Tool-O with sufficient information to enable investigation.

Tool-O may remove or disable access to allegedly infringing content while an investigation is undertaken.

16.10 Removal of Content

Tool-O may remove, edit, restrict or disable access to User Content where Tool-O reasonably believes that the content:

• breaches these Terms;

• infringes intellectual property rights;

• is misleading;

• is unlawful;

• creates safety concerns;

• exposes Tool-O to legal risk;

• is otherwise inappropriate for the Platform.

16.11 No Implied Rights

Except as expressly stated in these Terms, no licence, assignment or transfer of intellectual property rights is granted to any User by implication or otherwise.

16.12 Survival

The rights and obligations contained in this section continue after termination of a User's Account to the extent necessary to protect Tool-O's intellectual property rights or comply with applicable law.

17.1 Marketplace Only

Tool-O provides an online marketplace that enables Owners and Borrowers to connect.

Tool-O does not own, manufacture, inspect, maintain, repair, service, certify or operate the Tools listed on the Platform unless expressly stated otherwise.

Tool-O is not a party to the rental agreement between an Owner and a Borrower.

17.2 No Guarantee of Tools

Tool-O does not warrant or guarantee that any Tool:

\(a\) is safe;

\(b\) is suitable for a particular purpose;

\(c\) is free from defects;

\(d\) complies with manufacturer specifications;

\(e\) is accurately described;

\(f\) will perform as expected.

Users are responsible for satisfying themselves that a Tool is appropriate before use.

17.3 User Conduct

Tool-O does not control the conduct of Users.

To the maximum extent permitted by law, Tool-O is not responsible for the acts or omissions of Owners, Borrowers or other Users.

17.4 No Professional Advice

Information available on the Platform is provided for general informational purposes only.

Nothing on the Platform constitutes engineering, legal, financial, taxation, workplace safety, technical or professional advice.

Users should obtain independent advice where appropriate.

17.5 Availability

Tool-O aims to keep the Platform available at all times.

However, Tool-O does not guarantee uninterrupted access.

The Platform may be unavailable due to:

• maintenance;

• upgrades;

• technical faults;

• telecommunications failures;

• cyber incidents;

• third-party service interruptions;

• events beyond Tool-O's reasonable control.

17.6 Third-Party Services

The Platform may rely upon or integrate with third-party services including:

• payment providers;

• mapping services;

• identity verification providers;

• cloud hosting providers;

• messaging services;

• email providers;

• artificial intelligence providers;

• analytics providers.

Tool-O is not responsible for failures, outages or inaccuracies caused by third-party services.

17.7 Accuracy of Information

While Tool-O uses reasonable efforts to maintain accurate information, Tool-O does not warrant that Platform content is complete, current, accurate or free from errors.

Users should independently verify information that is important to them.

17.8 No Guarantee of Income

Tool-O does not guarantee that Owners will earn any particular income or receive any minimum number of Bookings.

Any estimates, examples or projections displayed on the Platform are illustrative only.

17.9 No Guarantee of Availability

Tool-O does not guarantee that:

• any Listing will receive Booking requests;

• any Borrower will secure a Booking;

• any User will continue to have access to the Platform.

17.10 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

Where liability cannot lawfully be excluded, Tool-O limits its liability to the maximum extent permitted by law.

17.11 Limitation of Disclaimers

Any disclaimer contained in these Terms operates only to the extent permitted by applicable law.

Where applicable law prohibits a disclaimer from applying, that disclaimer will be read down only to the extent necessary to comply with the law.

18.1 Application

This section applies to the maximum extent permitted by applicable law.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

18.2 Marketplace Services

Tool-O provides marketplace services only.

To the maximum extent permitted by law, Tool-O is not liable for losses arising from:

\(a\) the condition of any Tool;

\(b\) the conduct of any User;

\(c\) the failure of an Owner to provide a Tool;

\(d\) the failure of a Borrower to return a Tool;

\(e\) disputes between Users;

\(f\) incorrect Listing information supplied by a User.

18.3 Indirect Loss

To the maximum extent permitted by law, Tool-O is not liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage, including but not limited to:

• loss of profits;

• loss of revenue;

• loss of business;

• loss of opportunity;

• loss of goodwill;

• loss of reputation;

• loss of anticipated savings;

• loss of data;

• business interruption,

whether arising in contract, tort (including negligence), statute or otherwise.

18.4 Maximum Liability

To the extent permitted by law, where Tool-O is found liable to a User, Tool-O's total aggregate liability arising out of or in connection with a Booking, the Platform or these Terms will not exceed the greater of:

\(a\) the total Platform Fees paid by that User to Tool-O in relation to the relevant Booking; or

\(b\) AUD \$500.

This limitation does not apply where prohibited by law.

18.5 Third-Party Services

Tool-O is not liable for losses arising from the acts or omissions of third-party providers, including but not limited to:

• payment processors;

• identity verification providers;

• cloud hosting providers;

• telecommunications providers;

• artificial intelligence providers;

• mapping services;

• email service providers;

• courier services.

18.6 Security

While Tool-O implements reasonable security measures, no online platform can guarantee absolute security.

Tool-O is not liable for losses arising from:

• cyber attacks;

• hacking;

• malware;

• data interception;

• unauthorised access;

• internet failures,

except to the extent caused by Tool-O's failure to comply with obligations that cannot lawfully be excluded.

18.7 User Responsibility

Users acknowledge that they are responsible for:

• their own decisions;

• their use of the Platform;

• their use of Tools;

• verifying information before relying upon it;

• complying with applicable laws.

Tool-O is not responsible for decisions made by Users based on information available through the Platform.

18.8 Claims Between Users

Owners and Borrowers acknowledge that disputes relating to damage, payment, safety or contractual performance primarily arise between those Users.

Tool-O may assist in administering dispute resolution processes but does not assume responsibility for the underlying dispute.

18.9 Force Majeure

Tool-O is not liable for failure or delay in performing obligations where that failure or delay results from events beyond Tool-O's reasonable control, including:

• natural disasters;

• pandemics;

• government action;

• war;

• civil unrest;

• industrial action;

• power failures;

• telecommunications failures;

• cyber incidents;

• acts of God.

18.10 Australian Consumer Law

Where consumer guarantees apply under the Australian Consumer Law, Tool-O's liability is limited only to the extent permitted by that legislation.

Where permitted, Tool-O may elect to:

\(a\) re-supply the relevant services; or

\(b\) pay the cost of having the services supplied again.

18.11 Survival

The limitations contained in this section continue to apply after termination of these Terms to the maximum extent permitted by law.

19.1 User Indemnity

To the maximum extent permitted by law, each User agrees to indemnify and keep indemnified Tool-O, its directors, officers, employees, contractors, agents, affiliates and successors against any loss, liability, damage, claim, demand, cost or expense (including reasonable legal costs) arising out of or in connection with:

\(a\) the User's breach of these Terms;

\(b\) the User's unlawful conduct;

\(c\) the User's misuse of the Platform;

\(d\) the User's misuse of any Tool;

\(e\) the User's negligent or reckless acts or omissions;

\(f\) infringement of another person's intellectual property rights;

\(g\) fraud or dishonest conduct;

\(h\) violation of applicable laws.

19.2 Owner Indemnity

Owners further agree to indemnify Tool-O against losses arising from:

• ownership of a Tool;

• failure to maintain a Tool;

• supplying an unsafe Tool;

• inaccurate Listings;

• failure to comply with applicable safety requirements;

• breach of any legal obligation relating to the ownership or rental of

a Tool.

19.3 Borrower Indemnity

Borrowers further agree to indemnify Tool-O against losses arising from:

• unsafe operation of a Tool;

• unlawful use of a Tool;

• intentional damage;

• reckless use;

• theft or unauthorised disposal of a Tool;

• breach of operating instructions where that breach causes loss.

19.4 Third-Party Claims

Where a third party brings a claim arising from a User's conduct, the relevant User agrees to reasonably cooperate with Tool-O in responding to that claim.

Tool-O may assume control of the defence or settlement of any claim affecting its interests.

Users agree not to settle any claim affecting Tool-O without Tool-O's prior written consent.

19.5 Reasonableness

The indemnities contained in this section apply only to losses to the extent they are caused by the relevant User's acts, omissions or breaches.

Nothing in this section requires a User to indemnify Tool-O for losses arising solely from Tool-O's own negligence, fraud or wilful misconduct where such an indemnity would be unenforceable under applicable law.

19.6 Continuing Effect

The indemnities contained in this section survive:

• completion of a Booking;

• cancellation of a Booking;

• suspension of an Account;

• termination of an Account;

• termination of these Terms,

to the extent permitted by law.

20.1 Privacy

Tool-O collects, stores, uses and discloses personal information in accordance with its Privacy Policy and applicable privacy laws.

By using the Platform, Users acknowledge that they have read and understood the Privacy Policy.

20.2 Information Collected

Tool-O may collect information including:

• identity information;

• contact details;

• payment information;

• verification information;

• photographs;

• videos;

• messages;

• Booking history;

• Listing information;

• location information where permitted;

• device information;

• technical information;

• usage analytics;

• any other information provided by Users.

20.3 Purpose of Collection

Tool-O may collect and use information for purposes including:

\(a\) operating the Platform;

\(b\) processing Bookings;

\(c\) verifying identity;

\(d\) preventing fraud;

\(e\) processing payments;

\(f\) administering Security Deposits;

\(g\) resolving Claims;

\(h\) improving Platform functionality;

\(i\) providing customer support;

\(j\) complying with legal obligations;

\(k\) communicating with Users;

\(l\) developing new products and services.

20.4 AI Processing

Users acknowledge that information submitted through the Platform may be analysed using artificial intelligence technologies for purposes including:

• Claim assessment;

• fraud detection;

• image analysis;

• document review;

• customer support;

• Platform improvements;

• security monitoring.

AI-assisted processing is used to support Tool-O's operations and does not necessarily involve fully automated decision-making.

20.5 Verification

Tool-O may verify information supplied by Users using internal systems and third-party service providers.

Users agree to provide accurate information and reasonable assistance where additional verification is requested.

20.6 Communications

By creating an Account, Users consent to receive communications relating to:

• Bookings;

• payments;

• Security Deposits;

• Claims;

• security alerts;

• account verification;

• Platform updates;

• customer support;

• legal notices.

Communications may be sent by:

• email;

• SMS;

• in-app notifications;

• push notifications;

• telephone where reasonably necessary;

• any other communication method selected by the User.

20.7 Marketing Communications

Where permitted by law, Tool-O may send promotional or marketing communications.

Users may opt out of marketing communications at any time.

Opting out of marketing communications does not affect essential service communications relating to the Platform.

20.8 Disclosure of Information

Tool-O may disclose User information where reasonably necessary to:

\(a\) payment providers;

\(b\) identity verification providers;

\(c\) cloud service providers;

\(d\) customer support providers;

\(e\) professional advisers;

\(f\) insurers;

\(g\) law enforcement agencies;

\(h\) courts or tribunals;

\(i\) government authorities;

\(j\) any other person where required or authorised by law.

20.9 Data Retention

Tool-O may retain User information for as long as reasonably necessary to:

• operate the Platform;

• comply with legal obligations;

• resolve disputes;

• investigate fraud;

• enforce these Terms;

• maintain business records.

Information may continue to be retained after an Account has been closed where permitted or required by law.

20.10 Security

Tool-O implements reasonable administrative, technical and organisational measures to protect User information.

However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

Users acknowledge that information transmitted electronically is provided at their own risk.

20.11 Access and Correction

Where required by applicable law, Users may request access to, or correction of, personal information held by Tool-O.

Such requests will be handled in accordance with applicable privacy legislation and the Tool-O Privacy Policy.

20.12 Cross-Border Disclosure

Tool-O may use service providers located inside or outside Australia.

Where personal information is disclosed outside Australia, Tool-O will take reasonable steps to ensure that such disclosures comply with applicable privacy laws.

20.13 Survival

This section continues to apply after termination of these Terms to the extent necessary for Tool-O to comply with legal obligations, resolve disputes, protect legitimate business interests or enforce these Terms.

21.1 General

Tool-O is an online marketplace and does not automatically provide insurance for Tools, Owners, Borrowers or any Booking unless expressly stated by Tool-O in writing.

Users are responsible for determining whether they require insurance appropriate to their circumstances.

21.2 Owner Insurance

Owners are encouraged to maintain appropriate insurance for Tools listed on the Platform.

Such insurance may include, where appropriate:

• property insurance;

• equipment insurance;

• public liability insurance;

• business insurance;

• any other insurance appropriate to the Tool or the Owner's

circumstances.

Tool-O does not verify the existence, validity or adequacy of any insurance held by an Owner.

21.3 Borrower Insurance

Borrowers are responsible for determining whether they require insurance covering:

• damage to rented Tools;

• accidental loss;

• theft;

• public liability;

• personal injury;

• any other relevant risk arising from their use of a Tool.

21.4 No Representation

Tool-O does not represent or warrant that any insurance held by an Owner or Borrower:

\(a\) exists;

\(b\) is current;

\(c\) applies to a particular Booking;

\(d\) covers a particular loss;

\(e\) provides sufficient protection.

Users should obtain independent advice regarding insurance requirements.

21.5 Claims Against Insurance

Nothing in these Terms prevents an Owner or Borrower from making a claim under any applicable insurance policy.

Insurance claims remain a matter between the insured person and their insurer.

Tool-O is not responsible for administering or determining insurance claims.

21.6 No Insurance Advice

Any information made available by Tool-O relating to insurance is provided for general informational purposes only.

Tool-O does not provide financial product advice, insurance advice or recommendations regarding insurance products.

Users should seek independent professional advice where appropriate.

21.7 Insurance and Security Deposits

The existence of a Security Deposit does not:

• constitute insurance;

• replace insurance;

• limit the need for insurance;

• guarantee recovery of losses.

Similarly, the existence of insurance does not prevent Tool-O from administering Security Deposits or Claims in accordance with these Terms.

21.8 No Assumption of Risk

Nothing in this section transfers responsibility for the ownership, operation or use of a Tool from the relevant User to Tool-O.

Owners and Borrowers remain responsible for managing their own risks associated with the rental and use of Tools.

21.9 Future Insurance Products

If Tool-O introduces optional insurance products or protection programs in the future, those products will be governed by separate terms and conditions.

Unless expressly stated otherwise, such products will not amend these Terms.

21.10 Australian Consumer Law

Nothing in this section excludes or limits any rights or remedies available under applicable law, including the Australian Consumer Law.

22.1 User Responsibility

The safe use of every Tool is the responsibility of the User operating that Tool.

Owners and Borrowers each have independent responsibilities under these Terms to promote safe use.

22.2 Safe Listings

Owners must not list a Tool that they know, or ought reasonably to know, is:

• unsafe;

• defective in a manner creating an unreasonable safety risk;

• prohibited by law;

• subject to an unrepaired safety recall where continued use would be

unsafe.

If an Owner becomes aware that a listed Tool is unsafe, the Owner must promptly remove the Listing or make it unavailable until the issue has been rectified.

22.3 Safe Operation

Borrowers must:

\(a\) operate Tools safely;

\(b\) comply with manufacturer instructions where available;

\(c\) comply with any reasonable instructions provided by the Owner;

\(d\) use appropriate personal protective equipment where required;

\(e\) comply with all applicable workplace health and safety laws.

22.4 Competency

Borrowers should only use Tools they are competent to operate safely.

Where specialised knowledge, training, licences or certifications are required by law, the Borrower must ensure those requirements have been satisfied before using the Tool.

22.5 Protective Equipment

Borrowers are responsible for obtaining and correctly using any personal protective equipment reasonably required for the safe operation of a Tool.

The availability or absence of protective equipment does not transfer responsibility for safe operation to Tool-O.

22.6 Unsafe Conditions

If a User becomes aware of a condition that creates a significant safety risk, the User should:

\(a\) immediately cease using the Tool where appropriate;

\(b\) notify the other party as soon as reasonably practicable;

\(c\) notify Tool-O where the issue may affect future Bookings;

\(d\) take reasonable steps to prevent foreseeable harm.

22.7 Emergencies

Where an emergency creates an immediate risk to life, health or property, Users should first contact the appropriate emergency services.

Tool-O is not an emergency response service.

22.8 Product Recalls

Owners remain responsible for monitoring manufacturer recalls relating to their Tools.

Where a Tool becomes subject to a safety recall that affects safe use, the Owner should immediately suspend the Listing until the recall has been appropriately addressed.

22.9 Reporting Safety Concerns

Users are encouraged to report significant safety concerns to Tool-O.

Tool-O may:

• temporarily remove a Listing;

• suspend a Booking;

• request further information;

• require additional verification;

• suspend an Account while a safety concern is investigated.

22.10 No Inspection by Tool-O

Unless expressly stated otherwise, Tool-O does not routinely inspect, certify, test or approve Tools listed on the Platform.

The absence of intervention by Tool-O does not imply that a Tool is safe or suitable for use.

22.11 Compliance with Law

Owners and Borrowers remain responsible for complying with all applicable health, safety, environmental and workplace legislation relating to their ownership, rental or use of a Tool.

Nothing in these Terms transfers those legal responsibilities to Tool-O.

22.12 Australian Consumer Law

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

23.1 Purpose

Tool-O may provide a review and rating system to assist Users in making informed decisions when using the Platform.

Reviews are intended to reflect genuine experiences arising from completed Bookings.

23.2 Eligibility to Review

Only Users who have participated in a completed Booking may submit a review or rating relating to that Booking.

Tool-O may determine when reviews become available for submission and when they become visible on the Platform.

23.3 Honest Reviews

Users agree that reviews must:

\(a\) be honest;

\(b\) be based on genuine personal experience;

\(c\) be fair;

\(d\) be relevant to the Booking;

\(e\) comply with applicable laws.

23.4 Prohibited Reviews

Users must not submit reviews that:

• are false or misleading;

• contain defamatory material;

• contain abusive, offensive or discriminatory language;

• disclose another person's confidential or personal information;

• contain unlawful content;

• are intended to manipulate ratings;

• are submitted in exchange for payment or other benefits;

• otherwise breach these Terms.

23.5 Retaliation

Users must not:

\(a\) threaten another User with a negative review to obtain money, refunds or other benefits;

\(b\) offer incentives in exchange for positive reviews;

\(c\) pressure another User to alter or remove a review.

23.6 Review Moderation

Tool-O may, but is not obliged to:

• monitor reviews;

• investigate reported reviews;

• edit formatting;

• remove reviews;

• hide reviews;

• refuse publication of reviews,

where Tool-O reasonably believes that a review breaches these Terms or applicable law.

23.7 No Endorsement

Reviews and ratings reflect the opinions of individual Users.

Tool-O does not endorse, verify or guarantee the accuracy of any review or rating.

23.8 Ratings

Tool-O may calculate overall ratings using one or more factors, including:

• User reviews;

• completed Bookings;

• cancellation history;

• response times;

• dispute history;

• other factors determined by Tool-O.

The methodology used to calculate ratings may change from time to time.

23.9 Use of Reviews

Users grant Tool-O a non-exclusive, worldwide, royalty-free licence to display, reproduce, publish and use reviews for purposes connected with operating, promoting and improving the Platform.

23.10 Removal of Reviews

Tool-O may remove or disable reviews where it reasonably believes that:

\(a\) the review is fraudulent;

\(b\) the review is abusive;

\(c\) the review is irrelevant to the Booking;

\(d\) the review breaches these Terms;

\(e\) removal is required by law.

23.11 No Obligation to Publish

Tool-O is not obliged to publish every review submitted by a User.

23.12 Australian Consumer Law

Nothing in this section limits any rights or obligations relating to consumer reviews under applicable Australian law.

24.1 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia and the laws of the Commonwealth of Australia, without regard to conflict of law principles.

24.2 Jurisdiction

Subject to any rights available under applicable law, each User irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts in relation to any dispute arising out of or in connection with:

\(a\) these Terms;

\(b\) the Platform;

\(c\) any Booking;

\(d\) any Claim;

\(e\) any use of the Platform.

24.3 Good Faith Resolution

Before commencing legal proceedings, the parties should use reasonable efforts to resolve disputes in good faith.

This may include:

• communicating through Tool-O Messages;

• providing relevant information;

• responding to reasonable requests;

• participating in Tool-O's dispute resolution process where applicable.

Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief where appropriate.

24.4 Tool-O Assistance

Where a dispute arises between an Owner and a Borrower, Tool-O may, but is not obliged to:

\(a\) facilitate communication;

\(b\) request evidence;

\(c\) review Booking records;

\(d\) conduct an AI-assisted assessment;

\(e\) conduct a manual assessment;

\(f\) administer the Security Deposit;

\(g\) assist in resolving the dispute.

Tool-O's involvement does not make Tool-O a party to the dispute.

24.5 Court Proceedings

If a dispute cannot reasonably be resolved through the Platform or by agreement between the parties, either party may pursue any rights or remedies available under applicable law.

24.6 Time Limits

To the extent permitted by law, Users should notify Tool-O of any dispute or Claim as soon as reasonably practicable after becoming aware of the relevant circumstances.

Delay may affect the availability or quality of evidence.

Nothing in this clause limits any statutory limitation period prescribed by law.

24.7 Costs

Unless otherwise required by law or ordered by a court, each party is responsible for its own legal costs and expenses incurred in relation to any dispute.

24.8 Electronic Records

Users acknowledge that electronic records maintained by Tool-O, including:

• Booking records;

• payment records;

• messages;

• photographs;

• timestamps;

• uploaded evidence;

• verification records;

• audit logs,

may be relied upon as evidence to the extent permitted by law.

24.9 Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

24.10 Waiver

A failure or delay by Tool-O to exercise any right under these Terms does not constitute a waiver of that right.

A waiver is effective only if made in writing by Tool-O.

24.11 Entire Agreement

These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between Tool-O and the User regarding the use of the Platform.

They supersede all previous agreements, understandings and representations relating to the same subject matter.

24.12 Assignment

Users may not assign or transfer any rights or obligations under these Terms without Tool-O's prior written consent.

Tool-O may assign or transfer its rights and obligations under these Terms as part of a business sale, merger, restructure or other corporate transaction.

24.13 Survival

Any provision of these Terms which by its nature is intended to survive termination, including provisions relating to payments, Refundable Deposits, Claims, liability, indemnities, privacy, intellectual property and dispute resolution, will survive termination.

25.1 Amendments

Tool-O may amend these Terms from time to time.

Where required by law, Tool-O will provide reasonable notice of material changes.

Continued use of the Platform after the effective date of amended Terms constitutes acceptance of those amendments.

25.2 Policies Incorporated

The following policies, as amended from time to time, form part of these Terms where applicable:

• Privacy Policy;

• Refund Policy;

• Cancellation Policy;

• Claims & Dispute Policy;

• Community Guidelines;

• Prohibited Items Policy;

• Safety Policy;

• any additional policies published by Tool-O.

In the event of inconsistency, these Terms prevail unless a policy expressly states otherwise.

25.3 Electronic Transactions

Users consent to receiving information, notices, disclosures, agreements and other communications electronically.

Electronic communications satisfy any legal requirement that such communications be in writing to the extent permitted by law.

25.4 Notices

Tool-O may provide notices by:

• email;

• in-app notification;

• SMS;

• push notification;

• publication on the Platform;

• any other reasonable electronic communication method.

A notice is taken to have been received:

\(a\) immediately if delivered through the Platform;

\(b\) when successfully transmitted electronically unless the sender receives notice of delivery failure;

\(c\) at any other time required by applicable law.

25.5 Relationship of the Parties

Nothing in these Terms creates:

• a partnership;

• joint venture;

• employment relationship;

• agency relationship;

• fiduciary relationship,

between Tool-O and any User, or between Owners and Borrowers, except to the extent expressly provided by law.

25.6 No Exclusive Relationship

Users are free to use other marketplaces or services.

Nothing in these Terms creates any exclusive arrangement between Tool-O and a User.

25.7 Interpretation

In these Terms:

\(a\) headings are for convenience only and do not affect interpretation;

\(b\) the singular includes the plural and vice versa;

\(c\) references to legislation include amendments and replacements of that legislation;

\(d\) the words "including", "includes" and "such as" are not words of limitation;

\(e\) references to a person include individuals, corporations, partnerships, trusts and other legal entities.

25.8 Exercise of Rights

Unless expressly stated otherwise, a right or remedy under these Terms:

\(a\) may be exercised at Tool-O's discretion;

\(b\) is cumulative and does not exclude other rights or remedies available at law.

25.9 Force Majeure

Tool-O is not responsible for failure or delay in performing obligations where caused by events beyond its reasonable control, including:

• natural disasters;

• pandemics;

• war;

• terrorism;

• cyber attacks;

• utility failures;

• internet outages;

• industrial disputes;

• government action;

• any similar event beyond reasonable control.

25.10 Assignment by Tool-O

Tool-O may assign, novate or transfer these Terms or any rights or obligations arising under them to:

• a related body corporate;

• a purchaser of the business;

• a successor entity;

• any other entity involved in a merger, acquisition or corporate

restructure.

25.11 Contact Details

Users may contact Tool-O using the contact details published on the Platform.

Tool-O may update its contact details from time to time without requiring amendment of these Terms.

25.12 Language

These Terms are prepared in the English language.

If Tool-O provides a translated version, the English version prevails to the extent of any inconsistency.

25.13 No Third-Party Rights

Except where expressly stated or required by law, a person who is not a party to these Terms has no right to enforce any provision of these Terms.

25.14 Effective Date

These Terms take effect from the Effective Date published on the Platform and continue until amended or replaced by Tool-O.

END OF TERMS OF USE