These terms and conditions form a legally binding agreement ("Terms") governing access and usage of all services provided by RENTIUM PTY LTD, including its website(s), information, products, services (referred to as the "Site"), and mobile application(s) (referred to as "Applications"). These terms apply to individuals or entities who use the platform, subscribe to Rentium's services ("Subscriptions"), or create a Profile ("Profile") as a renter/purchaser ("Renter"), an owner of equipment ("Owner"), or both.

In these Terms, individuals acting as Renters or Owners will collectively be known as "Users." The Services encompass the Site, Applications, Platform, and Subscriptions. Users, when utilising these Services, implicitly agree to these Terms on behalf of themselves or any associated entity. A "User" refers to any individual or entity to use one or more Services on their behalf, including employees, partners, contractors, or agents.

This agreement includes rules for settling disputes between you and Rentium. It contains a mandatory arbitration clause under Section 3, which involves giving up the right to a jury trial and participating in class actions. It's crucial to carefully review the Legal section as it affects your legal rights, mandating that all disputes with Rentium be resolved individually through final and binding arbitration, with limited exceptions. By accessing or using the Services, you agree to abide by these terms and policies, regardless of whether you become an official user. By interacting with the Site, Applications, or the Platform in any way, you confirm that you've read, understood, and agreed to be bound by these terms. If you disagree with these terms, you are not authorised to use the Site, related Applications, or the Services as described herein, and you must refrain from doing so immediately.

We retain the right to modify these Terms at our discretion and without limitation, notifying you of any changes by updating the date at the top of these Terms. It's recommended that you periodically review these Terms for updates that may affect you.

Rentium offers a platform allowing Users to engage in various permitted transactions involving Listings through the Services, particularly the Platform. This includes leasing, renting, acquiring, or selling Listings, as determined by Rentium. The Platform serves to enable Owners to list items for rent, sale, or other permitted purposes in transactions with Renters and Purchasers. Renters and Purchasers can explore the Platform for Equipment to rent, purchase, or engage in transactions. Additionally, the Platform can be accessed by individuals or entities with or without a Profile to interact with its content.

Rentium, as the Platform provider, does not possess, control, manage, or verify any details about Listings on the Platform, information from Owners, Renters or Purchasers, or any Transaction content, including rental or sale agreements required by Owners. It also disclaims responsibility for insurance or damage waivers required by Owners as part of any Transaction.

It's important to note that Rentium does not own, manufacture, store, repair, maintain, or inspect any Listings or transacted through its Services. It functions solely as a channel for independent Owners to list their assets and engage in transactions with Renters or Purchasers, as per these Terms. Any legal claims concerning Listings in a transaction facilitated by Rentium must be directed towards the Owner of that asset. Users release Rentium from any claims related to Listings rented, leased, auctioned, or sold through its Services.

Rentium strictly provides Services to connect Owners, Renters and Purchasers for Listings transactions permitted through the Platform. It's crucial to understand that Rentium is not a party to any agreements between Owners, Renters and Purchasers involving the Services, whether or not the transaction was completed via the Platform. Rentium's role is limited to being a software service provider, payment facilitator, and collector as required. Users agree to indemnify and hold Rentium harmless for any matters related to leases or sales facilitated by the Services.

Rentium is not a party to any lease, rental agreement, purchase agreement, or other legal agreements resulting from the use of its Services, including its standard rental terms. The company provides Owner, Renter and Purchaser service and technical support solely for the Services, not for the Listings itself. Rentium holds no liability for the conduct of Users or third-party service providers retained by Users.

The Platform, accessed through the Services, including the Rentium website and applications, enables Users to engage in Listings transactions. By using these Services, Users agree to comply with these Terms, irrespective of being a registered User or Profile holder. "Listings" includes various assets allowed by Rentium for Owners to offer and Renters to rent, Purchasers to purchase, or transact.

The Services incorporate a "Messages" feature enabling Users to arrange Listings transactions and share related documentation. All lease, rental, sale, or purchase agreements on the Platform are directly concluded between the Owner, Renter and Purchaser as mutually determined, whether via Messages or formal documents.

Owners, Renters and Purchasers are responsible for negotiating and verifying transaction terms and information, including any legal agreements required. Rentium merely provides a platform and is not a party to such agreements, except for its standard Rental or Purchase Terms, which apply to rental or sale transactions.

Users have the liberty to create and use their own rental terms, provided they don't conflict with Rentium's Terms. Rentium advises Users to review and ensure suitability before use, as these terms are solely at Users' risk and expense. Owners may impose additional restrictions or require separate agreements before renting or selling assets.

The Rental Terms or separate agreements are not substitutes for legal advice. Users are urged to seek local legal counsel for compliance with laws and circumstances. Users indemnify Rentium for any reliance on Rental Terms without such independent legal advice.

During Listings rental or sale transactions, Users accept the Rental or Sales Terms and any applicable Owner Terms presented by the Services. Rentium does not guarantee the items' existence, quality, or truthfulness of User content and doesn't act as an agent for Owners or Renters, nor does it hold funds in trust or escrow.

Rentium facilitates fund transfers through a third-party service provider (currently Stripe) and assumes no responsibility for fund delivery or distribution.

1. Definitions

"Rentium" refers to Rentium Pty Ltd.
“Profile” means your personal profile with Rentium and holds information such as full name, date of birth, address, contact details and your listings
"User" of a website refers to any individual or entity including its employees or contractors who have been given access that visits, transacts or interacts with a website. This interaction could involve browsing web pages, submitting information, posting comments, listings assets, renting assets, making purchases, or utilising services provided by the website.
“Listings” and “Assets” include all items on the platform being Heavy Machinery, Equipment and Rideshare Vehicles
"Heavy Machinery" encompasses various types of machinery, tools, vehicles (excluding personal road-licensed vehicles and subject to specific limitations or exclusions mentioned herein), attachments, accessories, and related items rented by the Renter or sold to a Purchaser from the Owner.
"Equipment" encompasses various types of handheld machinery and tools such as lawn mowers, drill machines, chainsaws etc, attachments, accessories, and related items rented by the Renter or sold to a Purchaser from the Owner.
"Rideshare Vehicles" encompasses vehicles that hold a valid Commercial Passenger Vehicle license and are eligible with rideshare applications such as Uber, Ola, Didi etc. and related items rented by the Renter from the Owner.
"Transaction" holds the definition of the amount or rate agreed between the Owner, Renter and Purchaser.
"Owner" signifies the individual or entity identified, along with its successors and assigns, holding title to the Equipment to be rented or sold in the Transaction, including its officers, directors, employees, and agents.
"Renter" denotes the individual or entity identified, along with any approved successors or assigns, renting the Owner's assets through the Transaction, including representatives, agents, officers, employees, or authorised signatories.
“Purchaser” refers to an individual or entity that buys or acquires goods, services, or property by means of a transaction or contract. The Purchaser is the party who pays consideration (usually money) to the Owner to obtain ownership, rights, or interests in the purchased item or service.
“Rental Bond” refers to a deposit or security payment made by the individual or entity renting equipment from an Owner.
"Rental Amount or Rate" refers to the agreed-upon sum for a particular Transaction, subject to the Rentium Terms, detailed in the Transaction summary provided by Rentium through its Services to the Owner and Renter.
"Rental Period" defines the duration for which the Owner rents assets to the Renter, as specified in the Rental Terms.
"Rental Terms" signify the standard rental terms applicable to both the Owner and the Renter in any Transaction, subject to Rentium Terms.
"Wet hire" signifies the rental of construction machinery (like excavators, cranes, or bulldozers) with an added service of providing a professional operator as part of the rental agreement. This hired operator, arranged by the equipment owner, takes responsibility for using the equipment based on the specifications and requirements outlined by the renter.
“Dry Hire” signifies the rental of construction machinery "Wet hire" signifies the rental of construction machinery (like excavators, cranes, or bulldozers) with NO an added service of providing a professional operator as part of the rental agreement. This renter takes responsibility for using the equipment based on the specifications and requirements.
Any additional capitalised terms within this context follow the definitions outlined in the Rentium Terms.

2. Your Profile

To utilise specific features within the Services, you'll need to register for a Profile by providing your email address and creating a password. Rentium reserves the right to accept or decline your application to become a User at its discretion, without obligation to explain the decision.

You are responsible for maintaining accurate and current information with Rentium. If any changes occur—such as in your profile, contact details, financial information, or listings if applicable—you agree to promptly update this information with Rentium. Notices from Rentium will be sent to the latest email, phone number, or physical address you've provided. Even if you no longer use those communication channels, Rentium's notices to those addresses will be deemed valid. Ensuring your information remains informed is your responsibility at all times.

As a User, you are solely accountable for all activity within your Profile. It's your responsibility to maintain the confidentiality of all Profile-related information, passwords, and any User details. Under no circumstances should you disclose your password to any third party. Rentium will never request your password from you. You take full responsibility for any actions taken under your Profile, whether authorised by you or not. Notify Rentium immediately of any suspected unauthorised use of your Profile. Failure to do so timely or at all, or delays in securing your Profile post-reporting unauthorised access, are not Rentium's responsibility.

In case of a dispute over Profile ownership, Rentium reserves the right to request documentation to confirm ownership. Such documentation may include a scanned business registration certification, government-issued ID, last four digits of a credit card on file, or proof of employment. Rentium retains the right, at its discretion, to determine rightful Profile ownership and transfer it accordingly, including any associated storefront in the case of an asset Owner. If the rightful owner cannot be reasonably determined, Rentium reserves the right to temporarily suspend or disable the Profile until the dispute is resolved between the involved parties.

2.1 Eligibility

The Services provided are solely for individuals who are legally eligible in their respective regions to rent and/or buy assets through these Services. By using the Services, you confirm that you meet the legal age requirement in your area and are capable of agreeing to these Terms. It is your responsibility to comprehend and adhere to all relevant laws, regulations, and contracts associated with the rental and/or sale of assets. The use of the Services by individuals who do not meet the required legal age is expressly prohibited. Rentium holds the right, at its sole discretion, to prevent your access to or use of the Services. If you have been previously prohibited by Rentium, you are not allowed to access the Services. If you are accepting these Terms on behalf of an organisation or entity, you confirm that you have the authority to agree to these Terms on their behalf, binding them to these Terms. The Services offer various features and functionalities, not all of which may be accessible to all Users at all times, and Rentium is not obligated to provide any specific Services or features in any jurisdiction.

3. Legal

Any mention of a law in these Terms, the Rentium Terms, or any applicable Owner Terms includes all related regulations, amendments, and any new laws that supplement or replace the mentioned statute or regulations.

Using fake identification to acquire assets or not returning the assets by the Rental Period's end may be considered theft, potentially leading to criminal prosecution under relevant criminal provisions.

3.1 Independent Legal Advice

Rentium strongly advises all users engaging with the Services to seek legal counsel before entering into any form of legal agreements. Users are encouraged to consult a solicitor for independent legal advice regarding their involvement with the Services and acceptance of these Terms. Should a user decide to use the Services without seeking such independent legal advice, it will be considered a deliberate waiver of that right, and the user agrees not to claim otherwise. It's acknowledged that Rentium's provided information does not constitute legal, tax, or expert advice, and users are warned against relying on such information without seeking appropriate and relevant professional advice.

Rentium disclaims responsibility for any attempted use of these Terms or reliance on the Services to prove or disprove the existence of contractual relations between users.

3.2 Indemnification

To the extent allowed by applicable law, you agree to protect, indemnify, and release Rentium, its officers, directors, employees, suppliers, affiliates, and agents from any claims, liabilities, damages, expenses, and costs, including legal fees, arising from:

(a) Your use of the Services or violation of the Terms;

(b) The content you upload;

(d) Any issues, losses, or damages resulting from assets use; or

(e) Infringement of any person or entity's rights by you.

If there's a violation regarding asset reservations or sale, Owners, Renters or Purchasers should report it for removal from the Platform. Rentium retains the right to settle claims without your consent and can assume control of the defence for matters where you need to indemnify us. You agree not to settle any claim involving Rentium without our prior written consent. We'll make reasonable efforts to inform you of any claims against us.

3.3 Arbitration

By accepting the Terms, you agree that any claim against Rentium must be resolved through arbitration on an individual basis, not as part of a class, collective, or representative action. This means you cannot bring or participate in group legal actions against Rentium. Arbitration doesn’t involve a judge or jury, but an arbitrator can award similar damages and relief as a court, following these Terms. This provision remains in effect even after your contractual relationship with Rentium ends.

You and Rentium agree that any disputes must be resolved through individual arbitration. Both parties waive the right to engage in group arbitration or class, collective, coordinated, or representative actions. This includes the waiver of seeking non-individual relief. However, this waiver doesn't prevent participation in a class-wide settlement. If any part of this waiver is deemed unenforceable, any affected claims will proceed in court while the enforceable portions remain applicable to arbitration. Removal of unenforceable sections won't impact the validity or enforceability of the remaining Terms or arbitration eligibility for other claims.

An arbitrator, not any court, has sole authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of the agreement. This includes issues like whether the Terms are void, unconscionable, or illusory, and any arbitration-related defences. However, disputes specifically concerning the class action waiver will be resolved exclusively by a court, not an arbitrator.

These Terms apply to and encompass any claims involving third parties, such as your spouses, heirs, successors, or assigns, if those claims are connected to your use of the Services. If a third-party beneficiary brings claims against Rentium Parties, these Terms also apply to those claims.

The parties agree to attempt resolving disputes informally before resorting to arbitration. Before initiating arbitration, both parties will meet via an electronic channel in good faith to try and resolve the claim. If represented by counsel, your counsel may join the conference, but your participation is required. The party starting the claim must notify the other party in writing, and within fourteen business days of receiving the notice, they must engage in an informal dispute resolution conference unless mutually agreed otherwise in writing. This informal conference is a prerequisite before starting arbitration, and any filed arbitration demand before completing this conference will be dismissed by the arbitrator. The statute of limitations and filing fee deadlines are paused during this informal resolution process. To commence arbitration after this informal process, the initiating party must send a written demand for arbitration to the other party and file it with the applicable arbitration provider. If the arbitration involves Rentium, the written demand must be sent to Rentium's legal department via mail and an electronic version must be sent to the designated arbitration provider and Rentium's legal email address.

Unless prohibited by law, all covered disputes outlined will be resolved through arbitration as per the Commercial Arbitration Act 2017, subject to specific procedural adjustments as set out herein. In disputes concerning the Services, the Arbitration Rules, including the Commercial Arbitration Act and other applicable rules, will govern the arbitration process. In case of disagreement over the Arbitration Rules, Rentium reserves the right to select the rules at its discretion. Should any conflict arise between the Arbitration Act or Rules and these Terms, the Terms will prevail in determining the applicable arbitration procedure for covered disputes.

The arbitration will be conducted via electronic channels or based solely on written submissions as outlined here. There won't be any in-person appearances unless mutually agreed upon. The arbitrator's judgment may be entered in a competent court, and a single arbitrator will be selected by mutual consent or by Rentium if no agreement is reached. For claims seeking relief under fifty thousand AUD excluding attorney fees, the process will be limited to written submissions, while claims seeking more will involve limited discovery and streamlined proceedings.

The arbitration will be conducted in English, remotely by electronic channels, applying the substantive law in Victoria, Australia. Arbitration is less formal than a court lawsuit, using a neutral arbitrator instead of a judge or jury. The arbitrator's decision will follow applicable law and recognised principles of equity. The arbitrator’s award will be final and binding, enforceable in any competent court. Parties agree to keep arbitration communications, evidence, and rulings confidential, except as needed to enforce rulings or these Terms.

The parties have the option to forego arbitration in specific situations:

When the dispute or claims are eligible for resolution in small claims court in Victoria, Australia, as long as the matter remains within the small claims court and proceeds only on an individual basis.
When a party seeks injunctive or equitable relief to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In such cases, claims may be taken to and resolved in a court of competent jurisdiction on an individual basis. "Individual-basis" implies that such claims cannot be brought as a class, collective, coordinated, consolidated, mass, and/or representative action against Rentium. The agreement between the parties not to enforce arbitration in these specific situations does not nullify the enforceability of any part or portion of these terms.

Despite any conflicting provisions, both you and Rentium consent to the jurisdiction of any court in Victoria, Australia. This jurisdiction is applicable for actions such as enforcing arbitration, pausing legal proceedings while arbitration is pursued, or confirming, adjusting, annulling, or establishing judgment on the arbitrator's award. Any claim or dispute between the parties will be resolved solely by a competent court situated in Victoria, Australia. Additionally, both parties agree that the substantive law of Victoria, Australia will govern any such claim or dispute, irrespective of conflict of law provisions.

The parties acknowledge that without this compulsory arbitration provision, they would retain the right to sue in court and undergo a jury trial. They recognise that, in certain situations, arbitration expenses might surpass litigation costs, and the scope of discovery might be narrower in arbitration compared to court proceedings. Both you and Rentium agree that by accepting these terms, you are giving up the right to a jury trial for all disputes subject to arbitration.

3.4 Warranties Disclaimer

We offer the Platform, Services, and all associated content, including information, user content, materials, and usage data, "as is" and "as available". Your use of these listings is at your own risk. To the fullest extent permitted by law, Rentium and its affiliates, including officers, directors, employees, and licensors (collectively referred to as "Rentium Parties"), make no additional representation or warranty of any kind, either express or implied, regarding these listings. This includes disclaiming all implied warranties such as merchantability, completeness, fitness for a particular purpose, accuracy, and non-infringement.

We do not guarantee that these listings will be error-free, meet your requirements, or be timely or secure. You are solely responsible for any damages resulting from your use of these items. The Rentium Parties do not endorse or warrant the conduct, performance, safety, legality, or suitability of any third-party or the quality of any listings or services provided.

Rentium does not directly provide asset sharing, rental services, or insurance services and is not responsible for the acts or omissions of users or third-party service providers. Documents provided by Rentium are samples and should not be used or disseminated without prior legal advice.

We do not provide legal advice or services and do not guarantee or assume responsibility for any product or service advertised or offered by third parties associated with the Services. We are not involved in or monitor transactions between users and third-party providers.

Please note that some jurisdictions may not allow certain warranty exclusions or limitations on liability for incidental or consequential damages outlined in the Terms, and as such, some of these restrictions may not apply to you.

3.5 Limits to Liability

Regardless of anything contrary in these terms, Rentium and its parties won't be liable to you for various damages arising from or related to your use of the disclaimed items, such as direct, indirect, incidental, consequential, special, cover, punitive, or exemplary damages. Rentium and its parties expressly disclaim all liability for any losses, including but not limited to lost profits, service interruptions, computer damage, or system failure, arising from the creation, use, or errors in the disclaimed items.

The limitation of liability includes waiving your right to sue Rentium and its Parties for damages or losses related to asset availability, asset problems, warranty issues, legal or license status, third-party assessments of asset value, actions or inactions of Owners, Renters or Purchasers, or any personal injury or property damage. Rentium is not responsible for disputes between Owners, Renters and Purchasers.

Rentium's total liability to you for any cause of action, regardless of the legal basis, will not exceed the greater of the amounts paid to Rentium for its services in the past fourteen days. This limitation of liability is an essential part of the agreement between Rentium and you.

However, some jurisdictions may not allow these limitations, so they may not fully apply to you based on applicable mandatory law. Each limitation and exclusion of liability in these terms represents an agreed allocation of risk between the parties, and these provisions will apply even if other parts of the terms fail.

3.6 Absence of an agency

Rentium clarifies that no User is considered its employee, agent, or representative under these Terms. These Terms do not establish any legal partnership or joint venture between Rentium and the User. Users are not authorised to make commitments on Rentium's behalf, and Rentium won't make commitments on the User's behalf, except as explicitly specified in these Terms.

3.7 Whole Agreement

The Terms constitute the complete agreement between you and Rentium regarding your use of the Services, replacing all prior versions and communications with Rentium. Except for appointing a custodian for item management, you cannot delegate your responsibilities or transfer your rights to a third party without Rentium's prior written consent. Regardless, you are accountable for your obligations and conduct under these Terms under all circumstances.

3.8 No Waiver

Rentium's delay or failure to enforce any right doesn't waive that right or any other. A waiver by Rentium of one breach doesn't waive others unless it's formally stated in writing by Rentium. Rentium's rights and remedies are separate and cumulative; exercising one doesn't exclude others. If there's a breach of Confidential Information or a non-disclosure agreement, Rentium may seek injunctive relief, considering monetary damages insufficient, without needing to follow dispute resolution processes outlined in these Terms.

3.9 Force Majeure

Rentium isn't liable for any delay or failure to perform under the Terms due to circumstances beyond its reasonable control, including natural disasters, labour disturbances, acts of war, governmental actions, power failures, or any other events constituting a Force Majeure Event.

4. Alteration

Rentium holds the right, at its sole discretion, to make changes to the Services, these Terms, or any Policies at any time without prior notice and for any reason. If any modifications, in whole or in part, are made to these Terms, Rentium will publish the changes on its Site and update the “Last Updated" date at the top of these Terms. Your continued access or use of the Services following any posted modifications indicates your acceptance of the modified Terms. If you find the modified Terms unacceptable, your only option is to discontinue using the Services and disable your Profile. For inquiries about these Terms or Rentium, feel free to contact us through our contact us page on Rentium.com.au.

5. Your Use of Services

Your use of the Services must comply with the following:

Compliance: You must not violate any provision of these Terms or any applicable laws in your jurisdiction. This includes refraining from posting false, misleading, or libelous content, infringing on intellectual property rights, or using the Rentium brand in an unauthorised or damaging manner.
Accuracy and Integrity: You must provide accurate information and avoid submitting false details or impersonating others. Additionally, you should not harm or threaten any other User, misuse the Platform, or transfer your Rentium Profile without proper consent.
Respectful Conduct: You must not engage in any harassing, abusive, or discriminatory behaviour, or use the Services for personal purposes that deviate from the platform's intended use. Discrimination of any kind is strictly prohibited.
Purposeful Use: You must use the Services solely for their intended purpose, refraining from any commercialisation of content, harvesting information without consent, or promoting competitive services to Rentium.
Non-Interference: You must not disrupt the Services' operation by interfering with other User listings, distributing spam, viruses, or harmful technologies, accessing non-public areas, attempting to breach security measures, reverse engineering software, or circumventing Profile suspensions.

Adhering to these guidelines is essential for utilising the Services appropriately and respecting Rentium's platform and community standards.

5.1 User Responsibilities & Mobile Applications

The responsibilities for all Users are as follows:

Representations and Warranties: You affirm that the information you provide on the Services is accurate and complete, and you are legally capable of agreeing to these Terms.
- As an Owner, you are legally entitled to offer items through the Services.
- As a Renter, you have the legal right to use the Services and any reserved items and
- As a Purchaser, you have the legal right to use the Services and any purchased items.
Due Diligence: You are responsible for conducting your own assessment and diligence when interacting with other Users on the Platform for any Transaction.
Safety & Training: Rentium does not verify Users' license, qualifications, certification or educate them on listings operation safety. Users must engage only in activities they are licensed, trained and qualified for. Compliance with safety, legal, and regulatory requirements concerning items use is the sole responsibility of Owners, Renters and Purchasers.
Liability Acknowledgement: Rentium holds no liability for matters related to the use of items in any Transaction. Rentium doesn't guarantee the quality, safety, legality, or accuracy of listings or Users' content.
Policy Compliance: Users must adhere to all Policies, including Fuel, Cancellation, Refund, Eligibility, and Maintenance Policies. When wet hiring a machine, Users are responsible for vetting operators/drivers and verifying any qualification or certification to operate the item in subject, an obligation that solely rests with the Owner, not Rentium.

6. General, Owner and User Responsibilities

6.1 General Responsibilities

The listings always belongs to the Owner, and the Renter has no ownership rights except as expressly stated herein or the listings is sold by the Owner to the Purchaser where legal ownership is transferred
The Renter cannot sublease, sell, transfer, or encumber the items in any way to a third party.
The items should not become a permanent fixture on any property or incur any liens or encumbrances.
If the item faces any encumbrance or risk of seizure, the Renter must notify the Owner immediately and protect the item. Failure to do so will hold the Renter responsible for any resulting losses or expenses.
The Owner has the right to sell, transfer possession, or transfer benefits under any Transaction without informing the Renter.
The item cannot be relocated from its original delivery site without obtaining written consent from the Owner for each instance of relocation.
If there is loss or damage to the item, the Owner retains the right to pursue recovery against any party responsible. The Renter agrees to assist and cooperate with the Owner and its insurer(s) in this process by providing necessary documents and refraining from any actions that could harm the Owner's right to seek compensation.
The Renter agrees to protect and absolve the Owner and Rentium from any costs, damages, or losses incurred due to injuries, property damage, or other liabilities resulting from the item’s use by the Renter, their employees, or agents. The Renter is responsible for the items until it's returned to the Owner and assumes all liability for injuries or incidents occurring during the item’s operation within the Rental Period as per these Rental Terms and the Rentium Terms.
By renting the items, the Renter acknowledges the inherent risks associated with its use, including potential dangers to safety and property damage. The Renter asserts having the necessary expertise to operate the items safely, or alternatively, commits to using an Owner-supplied operator. Additionally, the Renter takes full responsibility for any losses, expenses, injuries, or damages resulting from the use of the items by themselves or others.
The Owner reserves the right to terminate a Transaction by providing written notice to the Renter under the following circumstances:
In the case of termination due to payment default, the Owner holds the right to:
All remedies are cumulative and may be enforced concurrently or individually. In the following scenarios:
The Owner or their representatives have the immediate authority to:
The Renter authorises the Owner as its agent to access the property where the item is situated for retaking it, and thus waives any claims for trespass, damages, or losses, whether physical, financial, consequential, or punitive, arising from this action. The Renter will bear the expenses incurred by the Owner or Rentium, including legal fees and costs of specialists (e.g., repossession agents), associated with item recovery. The Owner reserves the right to repossess the items without liability to the Renter in the event of any government declared emergency or disaster. If repossession occurs, the Owner's liability to the Renter will be limited to the remaining portion of the outstanding Rental Period.
The parties mutually agree to take all necessary actions to complete or acquire any documents needed by the other party to enforce or validate this agreement.
If the Owner presents its specific rental agreement or terms that the Renter must agree to for the Transaction, both parties acknowledge that these "Owner Terms" will be applied as specified within the Rentium Terms. This arrangement does not diminish the authority or relevance of either the Rentium Terms or the Owner Terms.
If any part of these Rental Terms, Rentium Terms, or potential Owner Terms between the Owner and the Renter is deemed invalid or unenforceable for any reason, it will not affect the validity and enforceability of the remaining terms. Each term will be independently valid and enforceable to the fullest extent allowed by law, even if certain parts are found to be invalid or unenforceable.
Any electronic confirmation or agreement indicating that a party has comprehended and accepted the Rentium Terms and, if relevant, any Owner Terms, holds the same validity as a physical signature for all intents and purposes. All the Renter, Owner and Purchaser consent to promptly supply, at their own expense, a signed (whether physically or electronically) copy of this agreement upon request from the other party.
Both the Renter and Owner consent to the collection and monitoring of electronic information, which includes Global Positioning System (GPS) data related to the item’s use or location, including telematics devices. The Renter acknowledges that the data, including GPS information, is owned by the Owner, and they have the right to use it for various purposes, including commercial use. The Renter is responsible for obtaining necessary consents from its employees, contractors, or qualified operators, as required by applicable laws, to allow the collection and use of data by the Owner.
These Rental Terms do not constitute a sales agreement, and the item’s title will always belong to the Owner. Except under a separate specific sales agreement executed by the Owner, the Purchaser is entitled to buy the item from the Owner.

Failure by the Renter to make timely payments related to the Transaction or to comply with any terms outlined in the Rentium Terms, Owner Terms, or Rental Terms.
If the Renter encounters financial distress, insolvency, or any legal proceedings such as bankruptcy or receivership.
Actions or situations by the Renter that jeopardise the Owner's rights over the items.

Demand immediate payment of the entire outstanding rent and other due amounts.
Pursue legal action to recover all outstanding amounts.
Take possession of the items without prior notice, with the Renter granting unobstructed access for the Owner or its agents to retrieve the items, waiving any related damages.
Employ any other legal or equitable remedies available.

Expiration of the Rental Period
Failure by the Renter to promptly make payments when due
Renter's bankruptcy or insolvency
Failure to comply with items operation or maintenance terms outlined in the Terms,

Terminate the Transaction
Enter the property where the item is located to retake and repossess it
Collect all outstanding amounts and incurred expenses for item recovery
Pursue further legal rights or remedies available

6.1.1 WET HIRE Operator Qualifications / Certifications / Responsibilities

Rentium does not guarantee the safety and skill or operators wet hire services, it is the responsibility of the Renter to screen and verify all operators available for wet hire services. There is no process that ensures that each operator possesses the essential certifications, licenses, experience, and training needed to operate the designated items type.
As an equipment owner providing wet hire services, your responsibilities include:
As a renter utilising wet hire services, your responsibilities include:
Both the item owner and renter should possess suitable liability insurance to mitigate potential risks and damages. While we advocate for insurance coverage, it's the obligation of both parties to arrange and uphold their individual insurance policies. If any disputes or claims arise, each party is accountable for their insurance coverage.
In case of disagreements related to wet hire services, we encourage parties to initially resolve the issue through direct communication. If an agreement cannot be reached, mediation or arbitration services are available for a fair resolution. By participating in wet hire services through our platform, both owners and renters commit to following these policies. We aim to ensure a secure and efficient rental experience and appreciate your cooperation. For any inquiries or issues, please contact our support team for assistance.

Qualified operators: Verify that the operators assigned to handle the items possess the necessary qualifications and certifications.
Safe item operation: Ensure your operators strictly adhere to safety protocols and regulations to prevent accidents, injuries, or property damage during items operation.
Item maintenance: Regularly inspect and maintain your item to meet industry standards and regulatory compliance.
Communication with operators: Establish effective communication channels between the operator and the renter to facilitate coordination, address inquiries promptly, and manage item related concerns.

Effective communication: Clearly convey your requirements and needs to the operator and item owner to ensure they align with your expectations.
Adherence to safety guidelines: Follow safety instructions provided by the operator and comply with specific operating guidelines for the rented item.
Prompt reporting: Immediately inform the item owner or Rentium support of any encountered issues, concerns, or accidents during the rental period.
Item handling: Use the item responsibly and take necessary precautions to avoid damage or misuse. Negligence or misuse resulting in damage may incur additional charges or penalties.

6.2 Owner Responsibilities

The responsibilities for Owners using the Services are:

Accurate listing information: Owners must provide complete and accurate details about their items, including pricing, additional charges, rules, and requirements for Renters. They are responsible for keeping listing information and content up-to-date.
Insurance and compliance: Review and ensure Renter insurance policies are suitable for renting the item. Provide safe, legally owned, and insured items, ensuring compliance with eligibility, maintenance, and wet hire conditions.
- It is the Owners responsibility to have comprehensive insurance on the equipment being listed through Rentium AND ensure Rentium is listed as an “interested party”.
Listing integrity: Owners must not publish misleading listings or offer items they don't own or have the authority to use. They cannot offer items not permitted for sharing or having titles that deem them unsafe or legally questionable.
Attachments and extensions: Only offer safe and acceptable attachments or add-ons. Act in good faith to accommodate extensions if possible and report late returns promptly.
Legal compliance: Owners must adhere to all relevant laws, regulations, and third-party contracts concerning item listings and Services usage.
Transaction responsibility: Upon accepting a reservation, Owners directly contract with Renters, ensuring item delivery under agreed terms and prices. Owners must pay applicable fees and taxes, aligning their contract terms with those on the Platform.
No exclusivity: Rentium reserves the right to serve any entity, whether Owner, Renter, Purchaser, or all, and doesn't promise exclusivity. Owners acknowledge that Rentium's personnel and affiliates may compete indirectly, but confidential information won't be utilised.
The Owner is responsible for checking and verifying the Renter’s qualification and certification to operate the equipment being used through our messaging service. Rentium takes no responsibility in failure of this Owners’ responsibility.
The Owner is responsible to verify the identify of the Renter using their drivers license and matching name, date of birth and address.
The Owner is responsible for maintaining the items in good condition, covering expenses for ordinary wear and tear repairs, such as tire replacements, oil change, lubrication etc.
Owners maintain a non-smoking policy for their rented items. The Renter will face additional charges if any items is returned smelling of smoke or vapor.
Owners might set a minimum cleaning charge for items, but actual costs incurred due to cleanliness issues will be the Renter's responsibility.

Owners must uphold transparency, ensure legality in transactions, maintain item quality, and align contract terms with those on the platform while complying with legal and ethical guidelines.

6.3 Renter Responsibilities

The responsibilities for Renters using the Services are as follows:

Legal compliance: Renters must abide by laws, obtain necessary permits or licenses, and use items only where legally permitted.
Documentation and usage: Provide required documents to Owners, use items for its intended purpose, maintain cleanliness, and report damages immediately.
Timely return and extensions: Return items on time as per Owner's instructions. Request extensions in case of potential late returns, following specific guidelines.
Late fee and charges: Acknowledge and agree to pay additional charges for late returns as per Rentium's policies.
Insurance and training: Maintain appropriate insurance, operate items only if properly trained, and not leave items unlocked or running without instruction.
Cancellation and modification: Understand and adhere to the Cancellation and Refund Policy for altering or cancelling a reservation.
Risk acknowledgment: Assume all risks associated with using Services and items, acknowledging Rentium's lack of responsibility for any related loss or damages.
Owner terms acknowledgment: Accept that Owners may have their own lease, rental, or sales contracts (Owner Terms), and failing to accept these may prevent completing a transaction on the Platform.
The Renter must use the item responsibly within its specified capacity and in compliance with laws, manufacturer guidelines, and recommendations. The items should not be abused, damaged, or used unlawfully.
Compliance with all applicable laws, including workplace safety and environmental regulations, is mandatory.
If certain items fall under commercial vehicle operation regulations or requires specific certificates, both the Owner and Renter need to possess the necessary documentation and comply with related rules. Inspection of these documents may be required by law enforcement.
The Renter warrants that the delivery site for the items is suitable and that the items is suitable for its intended use.
It's the Renter's responsibility to ensure that qualified individuals, possessing required permits and training, operate the item. No one else should use the item without the Owner's prior written consent.
The Renter guarantees familiarity with operating the item according to standard practice, manufacturer, and Owner specifications. If uncertain, they should refer to the manufacturer's guide or contact the Owner for instructions.
The Renter is liable for any charges or fines incurred by the Owner due to the Renter's or their agents' operation of the item during the Rental Period.
Renters are responsible for legal compliance, using items appropriately, adhering to policies, and acknowledging the terms set by Owners.
The Renter must regularly inspect and maintain the item, checking filters, fluid levels, air pressure, and cleaning it daily. Any issues or malfunctions must be immediately reported to the Owner for repair.
Without prior written permission, the Renter should not repair, modify, or alter the item. The cost of fuel, oil, and grease provided by the Owner will be charged at an agreed estimate.
Any damage caused due to the Renter using incorrect fuel, oil, or lubricants will be their sole responsibility.
The Renter is responsible for any loss or damage, excluding ordinary wear and tear, to the item during the Rental Period. Ordinary wear and tear refer to the natural deterioration from regular and proper use.
Damages not considered ordinary wear and tear include lack of maintenance causing damage, collisions, improper operation, wear from exceeding rented hours, or any damage not typical in the rental industry.
If the Renter is responsible for item delivery, they must indemnify the Owner and any operator against loss, damage, or injury during transport.
If the item is stolen or damage exceeds its fair market value, the Renter is accountable for the fair market value of the item, including applicable sales tax, as outlined in the terms.
The Renter must promptly notify both the Owner and Rentium in writing of any item breakdown or damage. Allowances for rental charges will apply only for specific breakdowns for which the Owner is responsible due to inherent faults, ordinary wear and tear, or problems stated in the agreement.
The Renter won't receive allowances for stoppages caused by damage not considered ordinary wear and tear or for issues the Renter is expressly responsible for.
The Renter is accountable for costs incurred from breakdowns due to their negligence or misuse of the item, including repair expenses and rental charges for the idle period.
The Renter is responsible for costs related to theft, loss, confiscation, or vandalism of the item while in their possession or control.
At the end of the Rental Period, if not extended, the Renter must clean and, if needed, decontaminate the item before returning it to the Owner in the same condition as received (excluding ordinary wear and tear). Failing to comply will hold the Renter liable for associated costs.
If the Equipment cannot be returned for any reason, the Renter must pay the full replacement value promptly to the Owner. These Rental Terms persist even if the item is replaced or substituted by the Owner for any reason.
If the item is involved in an accident-causing injury or property damage, the Renter must notify the Owner in writing immediately. The Renter should not admit liability or make any offers or promises for payment to any party without the Owner's prior written approval, as doing so is the sole responsibility of the Renter.
The Renter cannot sublease, sub rent, assign, or loan the item whatsoever. Any such action by the Renter without this consent from both parties will be considered invalid. The Renter is obligated to use and maintain the item at the specified job site throughout the Rental Period unless there's written approval from the Owner and the job site location is promptly updated through the Platform. The Owner, according to the Rentium Terms, reserves the right to transfer or assign this agreement, including the Transaction, item, or any payments due under this contract, without necessarily notifying the Renter.
The Renter is responsible for repairing or replacing tires and tubes on the item, and these costs are not covered by the Rental Amount.
The Owner is not responsible for any personal property left in or on the item after the Rental Period ends. They disclaim any responsibility, custody, or control over such property and may remove it without liability. The Renter's personal items left behind could be considered abandoned or unclaimed in accordance with the law.
The Renter acknowledges that if the item is not returned by the end of the Rental Period, the Owner may, at its discretion, enforce any of the following:
- Continue charging the proportional Rental Amount;
- Charge the full daily rental rate;
- Apply increased rental rates after the Rental Period; and/or
- Impose an administrative or retrieval fee. Rentium, on behalf of the Owner, has the right to charge the Renter's payment method for any outstanding amounts owed.
If the Renter misplaces or leaves the keys and/or key fobs inside the item (if applicable), the Owner reserves the right to charge the Renter for the expense of replacing or retrieving the keys and/or key fob, along with any related costs incurred.

7. Listings

7.1 Heavy Machinery

Heavy machinery listings (items) can be part of the following industries: Construction, Demolition, Excavation, Warehousing, Forestry, Agriculture, Mining, Manufacturing, Paving, Utility, Drilling, Shipping, Landfill, Road-Building, Tunnelling, Foundation work, Scrap, Logging, Cleaning, Recycling, Dredging, Marine construction etc.

All heavy machinery must at all times comply with the following:

Ensure accuracy and truthfulness of information.
Non-compliance may lead to removal from the Platform.
Unsafe or non-compliant heavy machinery are ineligible
Rentium can alter eligibility criteria and remove listings at any time.
List only authorised and insured heavy machinery with Rentium listed as an “interested party” as part of the insurance policy
Comply with legal requirements, have insurance, maintain heavy machinery, complete safety inspections, monitor tear and wear and cleanliness and provide operator manual
Owners are responsible for regular checks, maintain safety practices, compliance and conducting due diligence.
Owners should maintain heavy machinery history, follow safety protocols, and provide necessary manuals.
Ensure accuracy and truthfulness of information.
Respond to recalls or safety notices promptly.
Failure to comply may lead to removal or ban from the Platform.

7.2 Equipment

Equipment listings (items) can be part of the following industries: Construction, Healthcare & Medical, Agriculture, Landscaping & Gardening, Manufacturing, Electronic & Technology, Telecommunication, Transpiration & Automotive, Security, Education, Retail, Entertainment and Cleaning etc.

All equipment must at all times comply with the following:

Non-compliance may lead to removal from the Platform and may result in fines.
Rentium can alter eligibility criteria and remove listings anytime.
List only authorised equipment.
Comply with legal requirements, have insurance (if applicable), maintain equipment, monitor tear and wear and cleanliness and provide operator manual
Owners are responsible for safety practices and conducting due diligence.
Owners should maintain equipment history, follow safety protocols, and provide necessary manuals.
Use protective gear and complete safety inspections.
Failure to comply may lead to removal or ban from the Platform.
Ensure accuracy and truthfulness of information.
Exclusively list equipment on Rentium and comply with this policy.
Unsafe or non-compliant equipment are ineligible
Regularly check and maintain equipment for safety and compliance.
Respond to recalls or safety notices promptly.

7.3 Rideshare vehicles

All rideshare vehicles must at all time comply with the following:

Non-compliance may lead to removal from the Platform.
Rentium can alter eligibility criteria and remove listings anytime.
List only authorised rideshare vehicles with a valid Commercial Passenger Vehicle license
Vehicles must be inspected annually for compliance with rideshare applications such as Uber, Ola, DiDi etc. with relevant authorised provider such as Redbook Inspect
Vehicles must have a toll tag equipped at all times
Renters are responsible for all fines, tolls and other infringements where it’s the Owners responsibility to nominate them using their driver’s license details
All vehicles must have comprehensive insurance at all times
Comply with legal requirements, maintain vehicles, monitor tear and wear and cleanliness
Owners are responsible for safety practices and conducting due diligence.
Owners should maintain vehicle history and follow safety protocols
Failure to comply may lead to removal or ban from the Platform and may incur fines.
Ensure accuracy and truthfulness of information.
Exclusively list vehicles on Rentium and comply with this policy.
Unsafe or non-compliant vehicles are ineligible
Respond to recalls or safety notices promptly.

The Owner assures that, to their knowledge, the heavy machinery, equipment and rideshare vehicles are operational, except for normal wear and tear. If the Renter doesn't report issues within four (4) hours after delivery, the items are assumed to be in good working order. If malfunctions are discovered, the Renter must inform the Owner and Rentium immediately and follow the manufacturer's guidelines for repairs or maintenance.

8. Insurance

Rentium explicitly states that it is not an insurance provider, does not endorse any insurance products or companies, and does not verify or recommend insurance coverage between Owners and Renters for any lease or rental transaction. Users are responsible for directly handling insurance matters, understanding policy details, limitations, and exclusions, and ensuring their coverage is adequate for any contemplated transaction. Rentium does not validate or warrant any insurance products or companies offered through the platform, emphasising that Users consult their insurance advisors to confirm their coverage adequacy.

Owners offering insurance coverage to Renters must be contacted directly by the Renters for verification, as Rentium does not review or validate the existence or adequacy of such insurance products. Rentium strongly recommends Owners maintaining rental insurance for all listings on the platform for rental purposes.

The Owner may request the Renter to obtain insurance coverage meeting specific requirements, but this is not mandatory. The Owner has the right to set insurance standards before the Rental Period begins and can be named as an additional insured party. If damage occurs, the Owner can retain a portion of the insurance proceeds. The Renter needs to provide proof of insurance upon request, and if they fail to do so, it may be considered a default. The Renter authorises the Owner to handle insurance claims and receive payments on their behalf.

Insurance Clarifications:

Rentium is not an insurance provider and does not endorse or offer insurance products.
Rentium does not review or verify insurance, loss damage waivers, or similar products related to transactions.
Users are responsible for obtaining suitable insurance coverage for their listings, operators, and work sites.

Insurance Requirements:

Users must consult licensed insurance professionals before transacting on the platform.
Owners should ensure Renters' insurance policies cover rented listings adequately.
Owners must provide legally owned and insured listings for transactions.
Understanding insurance policy limitations, exclusions, and deductibles is crucial.

Insurance Acknowledgements:

Rentium disclaims any connection to equipment or associated insurance.
Rentium is not liable for insurance-related claims or the adequacy of insurance obtained by users.
Any insurance information shared by Rentium is general and not legal or insurance advice.
Renters must ensure separate commercial or public liability insurance.

In summary, Rentium does not endorse, recommend, or affiliate with insurance providers, and users are responsible for their insurance choices and coverage adequacy.

9. No agreement for leasing, renting, or selling with Rentium exists

All users expressly acknowledge and agree to the following:

Rentium solely provides the Services and does not own any listings or items. Nothing in the agreement constitutes a direct or indirect lease, rental, or sale agreement between any User and Rentium.

The Rental Terms apply between Owners and Renters in lease or rental Transactions. Users understand and agree that no contractual relationship is formed with Rentium concerning any rental, lease, or sale Transaction. Users exclusively create a separate relationship between the applicable Owner, Renter or Purchaser independent of Rentium. Even though Rentium sets or influences certain terms, the actual Transaction agreement is solely between the Owner, Renter and Purchaser.

Users have the liberty to create and use their own agreements, including terms and conditions, subject to outlined limitations. It is the User's responsibility to review any proposed agreement before completing a Transaction.

Owners may require additional agreements, waivers, or terms from Renters or Purchasers before a Transaction. Owners hold the discretion to impose additional restrictions or obligations as they see fit.

Any dispute regarding a lease, rental, or sale Transaction should be resolved exclusively between the Owner, Renter or Purchaser. Rentium has no obligation to intervene in disputes between all parties to the Transaction or partake in collection matters, as Rentium is not a party to such Transactions.

10. Content Use

Subject to your adherence to these terms, Rentium grants you a limited, revocable, non-transferable license to access and view Rentium and/or user content that you are authorised to access, solely for your personal and non-commercial purposes. You are not permitted to sublicense this license.

No rights or licenses are implied or granted to you under any intellectual property owned or controlled by Rentium or its licensors, except those explicitly stated in these terms. All content on the Services, including text, data, graphics, trademarks, and software, is owned or licensed by Rentium and is protected by various intellectual property laws.

Unless explicitly allowed in these terms, you may not copy, reproduce, republish, display, or distribute any part of the Services or content for commercial purposes without Rentium's express prior written consent.

The term "Content" refers to your intellectual property, including trademarks, copyrighted content, products, services, images, videos, written content, and other data you provide or make available to Rentium. You acknowledge that your Content might be transferred unencrypted over networks and adapted to technical requirements. Rentium, at its discretion, may permit you to post Content on the Services (e.g., photos, reviews, descriptions of your items). By sharing Content, you grant Rentium a worldwide, irrevocable, royalty-free license to use and exploit your content to operate, promote, and provide the Services.

You confirm you have the necessary rights to grant Rentium this license and waive moral rights in favour of Rentium. Rentium can request, receive, use, and store Content as it sees fit. Rentium has the authority to review and delete any or all submitted Content, although it's not obligated to do so. Rentium doesn't claim ownership rights except for creating and storing copies of Content for its use related to the Services, including marketing or advertising.

Rentium may refuse or remove Content that violate the Terms, but Reviews provided by users are voluntary and unverified. Rentium doesn't endorse, monitor, or verify Reviews and has no obligation to do so. Users posting Reviews are responsible for accuracy and Rentium reserves the right to remove Reviews that violate the Terms or its business interests.

Rentium reserves the right to occasionally provide promotions for its Services at its sole discretion. To be eligible for any promotional benefits, users must maintain good standing as active Users, complying with the Terms and specific promotion rules. Users found attempting to misuse these promotions risk having any gained benefits revoked, facing suspension, and being banned from using the Platform. Additionally, existing Transactions cannot be cancelled by Owners, Renters or Purchasers solely to qualify for new promotions.

You agree to receive all communications, agreements, and notices from Rentium related to the Services via electronic means, such as email, messages or in-app notifications. These communications include updates about Services, your Profile activity, fraud prevention, debt collection, and urgent messages. Your current contact information must be maintained in your Profile. Rentium might share your contact details with contracted service providers for these purposes but won’t share them for unrelated reasons without your consent. Standard charges for emails, calls, and texts may apply.

By using Rentium's Services, you allow monitoring, recording, or copying of your communications by Rentium or its agents for quality, security, or training. You understand that such monitoring or recording might occur without prior notice. If you prefer not to have your calls recorded, you can contact Rentium in writing at our Help option.

When you list or book an item, you share personal information with us. We might use this information to confirm your identity or conduct additional checks to validate the details you provide. Occasionally, we may share this information with third parties to verify your identity or other details at our discretion.

Rentium holds all intellectual property rights concerning the Services, encompassing trademarks like "Rentium" and associated logos, as well as copyrights in the Platform. You are not permitted to use Rentium's trademarks, logos, or service marks, whether registered or unregistered, without explicit written authorisation from Rentium. Additionally, you agree not to adopt marks that might cause confusion with Rentium Trademarks, including variations or misspellings. You also agree not to acquire, register, or utilise search engine or pay-per-click keywords, trademarks, domain names, or social media names that contain or resemble Rentium or its trademarks. The Terms do not grant you any right to utilise Rentium patents.

As stated in our Privacy Policy, we might gather and employ data generated or deduced from the use of our Services (termed "Data") for internal business purposes like industry analysis, analytics, and service enhancement. Prior to usage, Rentium will anonymise the Data, presenting it only in aggregate form, ensuring it can't identify individual Users or confidential information. This may encompass data models derived from user data usage, along with the underlying data structure and security measures. Unauthorised data use is strictly prohibited. Rentium retains the right to retain transaction data for as long as there's a legitimate business purpose under applicable law. Users with access can employ curated data for internal business purposes, provided it's not shared publicly or modified, and doesn't breach commercial use policies. Any unauthorised commercial use, sale, or resale of Content or data, in whole or part, will be considered a serious violation leading to immediate Profile suspension and termination.

11. Charges

Rentium operates as a "free-to-list" digital Platform where Users understand that its revenue is generated through two avenues, including:

Charging Owners, a Service Fee applicable to their completed Transactions on the Platform which are 0.99% of the whole transaction.
Offering subscription-based fee services of $199 AUD for each listing or item.

NOTE: Both charges can be waived at Rentium discretion.

In cases of overdue payments for any Services, Rentium will impose an interest rate equivalent to the Official Cash Rate set by the Reserve Bank of Australia per month compounded monthly or the maximum allowable interest rate as per applicable law, until the complete payment is settled. Payments received will first clear any accrued interest before being applied to the principal amount.

11.1 General Terms & Charges

Rentium offers Payment Services through Stripe to Users engaging in Listings transactions through the Platform. These Payment Services include collecting owed payments, effecting payouts to Owners, payment collection services, and other payment-related functionalities. To use these services, Users must maintain good standing Profiles, be at least 18 years old, and provide accurate payment and personal information.

Rentium may charge fees for certain Payment Services. Users authorise Rentium to verify their identity and provided information related to Payment Services through various means, such as database screenings or identity document submissions.

However, Rentium does not guarantee the accuracy of any identity or payment verification steps provided, disclaiming liability for losses arising from such reliance. Users are advised to conduct their own due diligence before engaging in transactions. Rentium also reserves the right to terminate Payment Services if unable to verify necessary information.

Users permit Rentium to collect amounts owed by charging their associated Payment Method, including reimbursement for expenses and fees. If the Payment Method associated with a booking is invalid or expired, Users are still responsible for uncollected amounts, subject to potential collection actions by Rentium.

In cases of suspected fraudulent activities by Owners, Rentium may recoup amounts or charge an administrative fee, with additional penalties for delinquent payments or chargebacks. Users represent they are authorised to use the Payment Method and agree to pay for Services as per the agreed terms.

Rentium provides invoices and reserves the right to correct errors, expecting Users to report billing discrepancies within fourteen business days. Additionally, Users may access specific pricing structures or benefits through separate agreements, subject to Rentium's discretion to modify or terminate them.

Owner specific payment terms encompass payment collection processes, valid Payout Method requirements, deduction of applicable fees from payouts, limitations, involvement of third-party payment service providers, fund handling by Rentium, and Users' responsibility for accurate Payout Method information.

Renter specific payment terms detail authorisation for payment collection, automatic updates of payment information, Rentium's authority to collect and store Payment Method details, and dispute resolution for post Transaction collection claims. Users agree to pay any outstanding amounts, which survive transaction expiration or User termination.

Moreover, Owners authorise Rentium to charge designated Payment Methods for owed fees, including using held amounts to cover outstanding balances. Automatic updates of payment information and the collection and storage of Payment Method details are also part of these terms.

11.2 Processing Payment

Rentium utilises third-party payment service providers for Payment Methods (Stripe), which may impose additional fees during payment processing. Rentium disclaims responsibility for these fees and any associated liabilities. Your chosen Payment Method might have its separate terms; kindly review them before usage.

Presently, payment processing services are managed by Stripe, subject to the Stripe Account Agreement, encompassing the Stripe Services Agreement ("Stripe Terms"). By receiving payment via Stripe, you agree to abide by the Stripe Terms, subject to potential modifications.

For Rentium to facilitate items sharing through your Stripe Account, you grant authorisation for necessary access and activities. You also consent to providing accurate information and allowing Rentium to share it, along with transaction details, with Stripe to facilitate payment processing services.

Rentium reserves the discretion to switch payment processing providers. When using Stripe, payments are typically received around fourteen business days post the completion of the rental Transaction, although this timeframe may vary. Payments will be directly facilitated by Stripe.

11.3 Duties/Taxes

You acknowledge that government agencies may assert tax liabilities related to the revenue and profits earned from using the Services. Understanding and abiding by applicable tax rules and regulations, as well as consulting with a tax advisor, are your responsibilities. Determining whether taxes apply to your goods/services sale or payments received through the Services (referred to as "Taxes") is solely your obligation. We are not mandated to ascertain, calculate, collect, report, or remit any Taxes arising from transactions.

Users are entirely accountable for tax collection, filing, and payment in their jurisdictions. Rentium does not guarantee how taxing authorities will treat income earned via the Services. Amounts received by Owners from Platform transactions are inclusive of any potentially required taxes, and Rentium does not handle tax remittance on behalf of any User. Owners are advised to consider taxes when setting listing prices for their Equipment.

11.4 Third-Party Links etc.

You acknowledge and consent to our use of third-party service providers within the Services, granting us the authority to engage these providers as needed without your explicit consent or prior notice. You authorise us to disclose necessary information to these third-party service providers and accept their terms and conditions, including privacy policies, as determined by us.

By using the Services, you might encounter services, products, or promotions offered by third parties, not us. If you opt for these services, you must review and understand their associated terms and conditions, as we are not accountable for their services.

Our Services may feature links to third-party websites or services for your convenience. However, accessing such external content is at your own risk, and these external sites are not governed by our Terms. We do not endorse or approve these third-party sites, and we disclaim any liability associated with them.

When interacting with external websites or services, you acknowledge that our Privacy Policy no longer applies, and your actions are subject to the terms, rules, and policies of those third-party providers.

11.5 Charges Collection

Rentium will utilise legal means, including involving collection agencies or legal representatives, to collect outstanding amounts. In cases of unpaid balances or defaults on your Rentium Profile, Rentium or its retained collection agencies may report your Profile information to credit bureaus. Any late payments, missed payments, or defaults may appear on your credit report.

Delinquent accounts and chargebacks may incur additional fees incidental to their collection, such as collection fees, convenience fees, or other third-party charges. You agree that communication concerning delinquent accounts may occur via email or phone, as provided by you to Rentium. This communication may come from Rentium or its authorised representatives, including third-party collection agents.

If you wish to dispute information reported by Rentium to a credit bureau, contact us through www.Rentium.com.au. For disputes regarding information reported by a collection agency to a credit bureau concerning your Rentium Profile, you should directly contact the collection agency.

11.6 Data Charges

You may incur data charges when downloading and using the Services via a cellular network or other means. You are accountable for any data or service fees associated with downloading and using the Services.

11.7 Other Charges

a) Additional Charges/Extras:

Additional charges, including fuel, extra time, and damage claims, will be billed to Renters for fuel not refilled upon return.
Evidence such as photos must be uploaded immediately post-transaction to support additional charges; disputes undergo a ten business day review.
Rentium holds the right to draw negative conclusions if users fail to provide supporting material, charging extra fees subjected to service fees and taxes.
Users failing to upload evidence may result in favouring the user who does provide evidence.

b) Fuel:

Renters must refill the items to its original fuel level or pay the market fuel rate; charges for fuel shortage will be manually applied with evidence.
Owners are responsible for the exact fuel amount provided, documented before the rental; missing evidence may prevent charging the Renter for fuel.

c) Cancellation and Refund Policy:

Refunds for cancellations depend on the timing and nature of the Transaction; fees may apply according to the Terms or Owner's guidelines.
Sale Transactions are final; refunds are not applicable. Refunds, if any, will be processed through the Payment Processor within ten business days.

d) Eligibility and Maintenance Policy:

Owners must maintain items in good condition and upload pre/post-rental photographs to evidence its state.
Renters must report pre-existing damage before a Transaction; failure to report may result in being held responsible.
Incident reporting and repossession procedures are outlined for item related issues.

e) Pricing Policy:

Rentium applies a Service Fee to all transactions, including extension periods.
Owners have control over pricing and transportation, and Rentium disclaims responsibility for items, insurance, and transportation claims.

12. Termination

You can stop using the Platform anytime by deleting your Profile and abstaining from further use. If Rentium determines that a User breaches the Terms, it may take actions like suspending Service use, removing content, or terminating the User Profile. Termination won't release any party from accrued and unpaid obligations up to the termination date, including those for the current billing cycle if applicable. Any granted licenses or rights to use the Platform, including intellectual property rights, will cease immediately. Rentium can keep and use any information previously provided by you.

Termination of your access won't affect Rentium's tax responsibilities, applicable laws, disclaimers, waivers, liability limits, or legal dispute provisions under the Agreement. These terms will persist even after you discontinue using the Services, delete your Profile, or any other termination of this Agreement or others between you and Rentium.

13. Defilement

13.1 Procedural Execution

In situations that arise, we have the discretion to consider various factors, including but not limited to:

The User's Profile performance, compliance history, and Profile ratings, and, if necessary, actions related to specific Users under the Profile.
The particular circumstances of the case and the behaviour of the involved parties in applying these Terms.

We reserve the right to enforce these Terms at our sole discretion.

13.2 Defilements

Rentium retains the right, though not the obligation, to investigate, pursue legal action, or refer violations of the Terms to law enforcement as allowed by law. We may access, preserve, or disclose your information when mandated or allowed by law. This includes situations where it's necessary to respond to legal claims against Rentium, comply with legal processes, enforce or manage these Terms, prevent fraud or investigate issues related to Renter support, product development, or security.

At any time, following applicable law, Rentium can remove or block access to any content we deem objectionable, violating these Terms, or detrimental to our Services or community. Should we suspect abuse, violation of these Terms, or harm to Rentium, its users, or employees, we reserve the right to limit, suspend, or terminate your Rentium Profile, access to our Services, remove content, listings, discounts, and take necessary technical or legal measures. Furthermore, Rentium may refuse or discontinue Services to anyone at our sole discretion, as permitted by the law.

13.3 Liquidated Damages

You understand that determining the actual damages resulting from certain actions is complex and challenging to ascertain for Rentium. These actions include engaging in grey market transactions, using Rentium's domains, trademarks, or taglines without authorisation, or suing or making claims against another User.

Therefore, you acknowledge and consent that the minimum administrative cost linked to such actions will be the total cost bourn on Rentium at its sole and absolute discretion. You agree to pay Rentium the amounts as liquidated damages, not as a penalty, for each occurrence connected to such behaviour.