Terms and Conditions

These Terms govern access to the LendMe website, app and services. The platform is operated by LendMe Australia Pty Ltd (ACN [insert ACN]; ABN [insert ABN]), at [insert current company mailing address]. By creating an account, clicking acceptance or using a feature that requires agreement, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the platform. Effective date: [insert after legal review].

IMPORTANT: LendMe connects people who offer items for rent with people who want to rent them. The item owner and renter have responsibilities to each other. The platform operator also has responsibilities for the services it provides, and nothing in these Terms removes rights that cannot legally be excluded.

1. Definitions and platform role

“Platform operator”, “we” or “us” means LendMe Australia Pty Ltd (ACN [insert ACN]; ABN [insert ABN]). “LendMe” is the name of the platform. “User” means anyone who accesses the platform. “Lender” means a user who lists an item. “Borrower” means a user who books or rents an item. “Booking” means a confirmed rental arranged through the platform. “Item” means a physical item listed for rental. “Bond” means the refundable security amount shown for a listing or booking, if applicable.

LendMe provides an online marketplace and related booking, messaging, payment and support features described in the platform. Unless a booking screen expressly says otherwise, LendMe does not own the listed items. The rental agreement for an item is between the Lender and Borrower and is formed when the booking is confirmed through the platform. LendMe is not a party to that item rental agreement, but remains responsible for its own platform services and conduct under applicable law.

We may provide tools to support a booking, take or facilitate payment, collect or administer a Bond, and review reports or disputes. The exact payment flow and the role of our payment provider will be shown in the booking process and relevant payment terms. We do not guarantee that every listing, user or item has been independently inspected or verified.

2. Eligibility and account security

You must be at least 18 years old, able to form a binding contract and provide accurate, current account information. You must maintain the security of your login details, use one account unless we approve otherwise, and promptly tell us about unauthorised access. You are responsible for activity through your account unless caused by our failure to meet an obligation that applies to us.

We may ask you to complete identity, payment or other checks to reduce fraud and support safe transactions. A check does not guarantee a person’s identity, character, competence, solvency or suitability for a particular rental.

3. Listings and Lender responsibilities

A Lender may list only an item they own or are authorised to rent out. The Lender must provide accurate information, including the item’s identity, condition, age where relevant, included accessories, known faults, safety risks, operating instructions, required protective equipment, rental price, Bond, pickup and return arrangements, and any restrictions on use.

Before each rental, the Lender must take reasonable steps to ensure the item is complete, maintained, safe for its intended use and compliant with applicable laws, bans, mandatory safety standards, recalls and licensing requirements. The Lender must not list an item they know or reasonably suspect is defective or unsafe. The Lender must provide the manufacturer’s instructions and safety warnings where available, and must not conceal a fault, repair or material limitation.

The Lender must record and disclose pre-existing damage, provide current photos that fairly represent the item, and agree a reasonable replacement value for Bond and claim purposes. A listing may not imply that LendMe has inspected, certified, guaranteed or insured an item unless LendMe has expressly confirmed that in writing.

4. Prohibited and restricted items

The following may not be listed, rented, requested or used through LendMe:

• cars, motorcycles and any other motor vehicle, whether road registered or not, including vehicles intended for road, track or off-road use;
• items that are illegal to possess, supply, hire or use, stolen, counterfeit, recalled, subject to a current safety ban, or otherwise prohibited by law;
• items that present an unreasonable risk of serious injury, illness, death or property damage, or cannot be used safely by an ordinary adult with appropriate instructions and precautions;
• weapons, firearms, ammunition, explosives, dangerous chemicals, illicit drugs, medical devices requiring professional supervision, or items designed to facilitate unlawful activity;
• any other category identified as prohibited in the platform’s current Safety Rules or category-specific policy.

LendMe may refuse, pause or remove a listing or category if we reasonably consider it unsafe, unlawful, misleading or unsuitable for the service. A permitted listing is not an assurance by LendMe that the item is safe or suitable.

5. Tools and other higher-risk items

Tools and equipment can cause serious injury or property damage. Listing and renting a tool is permitted only if the category is enabled by LendMe and all requirements in this section are met. LendMe may impose additional category rules or prohibit specific tools, including tools requiring specialist training, licensing, supervision or safety certification.

5.1 Lender duties for tools

• Inspect the tool before each booking and confirm it is in safe working order, with guards, switches, cords, batteries, accessories and other safety features present and functioning.
• Disclose known defects, wear, prior repairs, limitations, hazards, required operator skill, protective equipment and safe operating conditions in the listing and at handover.
• Provide the manufacturer’s manual and safety instructions, and explain any essential safe-use points. Do not hand over a tool that is damaged, modified unsafely, subject to a recall or unsuitable for the stated task.
• Set a Bond and replacement value that reasonably reflect the item and disclose them before booking. Do not represent the Bond as insurance or as a guarantee of full recovery.

5.2 Borrower duties for tools

• Rent or use a tool only if you are legally permitted, competent and physically able to use it safely. Do not use it for a task beyond your training or the manufacturer’s instructions.
• Before use, inspect the tool, confirm it matches the listing, check guards and safety features, read and follow the instructions, use appropriate protective equipment, and secure the work area.
• Do not use a tool that appears damaged, defective, incomplete, unsafe or different from what was agreed. Stop immediately if it malfunctions or becomes unsafe, and report the issue to the Lender and LendMe.
• Do not remove guards, defeat safety devices, modify, overload, misuse, use while impaired, or allow another person to use the tool unless the Lender and listing expressly permit that person and the person is competent.
• Use the tool only for the stated permitted purpose and comply with applicable laws, site rules and safety directions. Return the tool, attachments and accessories by the agreed time.

A Borrower must not rely on a listing or these Terms as a substitute for training, professional advice or a safe work method. These rules allocate user responsibilities but do not exclude any duty or liability that the law does not allow to be excluded.

6. Booking, payment, pickup and return

The listing and checkout must show the rental period, price, platform fees, any delivery charge, Bond, cancellation rules and material conditions before the Borrower confirms. The Lender may accept or decline a request. A booking is confirmed only when the platform records confirmation and the required payment authorisation or payment is successful.

The Lender and Borrower must arrange handover through the platform where available. At pickup, both should check the item, included parts and condition, note any existing damage, and upload dated photos or video to the booking record. The Borrower should not proceed if the item differs materially from the listing or appears unsafe; report the issue promptly. Repeat the condition record at return and keep communications and receipts.

The Borrower must return the item at the agreed time and place, in substantially the same condition as at pickup, allowing for reasonable wear from permitted use. The Borrower must not sub-rent, lend, sell, abandon, take the item outside the agreed area, or use it unlawfully or contrary to the listing or instructions.

7. Bond, damage, loss and disputes

A Bond may be required for a booking. The Bond amount and payment method will be shown before booking. Depending on the payment method, it may be a card authorisation hold or a captured payment. The platform or its payment provider will administer it only as described at checkout and in any applicable payment-provider terms. We will not describe a payment as “held” or “authorised” if it has actually been charged.

A Bond is security for a properly supported claim under the rental agreement. It is not insurance and may be less than the actual loss. The Borrower remains responsible for proven reasonable costs of late return, missing parts, loss, theft or damage beyond reasonable wear and tear, subject to applicable law and the dispute process. A Lender must not claim for pre-existing damage, ordinary wear, betterment or an unsupported amount.

7.1 Reporting an issue

1. The affected user should report damage, loss, theft, late return, item mismatch, malfunction, injury or safety concern through the platform as soon as reasonably possible. In an emergency, contact emergency services first. Suspected theft or serious unlawful conduct should also be reported to police.

2. For a damage or loss claim, the Lender should submit the report within 48 hours after the scheduled return (or as soon as reasonably possible if the issue could not reasonably be discovered earlier). The report should include pickup and return photos, a description of what happened, receipts or repair quotes, and a reasonable calculation of the amount claimed.

3. The Borrower will be given a reasonable opportunity to respond and provide their own evidence. Both users must cooperate honestly and preserve relevant records. We may request additional information and may pause a payout or Bond release while a timely, genuine claim is reviewed, to the extent supported by the payment arrangement and law.

4. We will review the evidence and may propose a resolution, including no deduction, a partial deduction or a deduction up to the supported reasonable loss. We will consider pre-existing condition, ordinary wear, causation, repairability, age, depreciation, replacement value, mitigation and each party’s evidence. We do not promise a particular outcome or act as a court or insurer.

5. We will explain the decision and amount to the parties. If the available Bond is insufficient, the Lender may pursue any remaining amount directly against the Borrower through lawful means. If the claim is not substantiated, the Bond will be released or refunded, subject to payment-provider timing and any other lawful deductions disclosed at checkout.

Users should submit a safety incident promptly even if no damage claim is made. We may remove or pause a listing, notify affected users, preserve relevant information or cooperate with regulators where appropriate. Any platform review is an administrative dispute process and does not prevent a user from seeking independent legal remedies.

8. Cancellation, refunds and late return

The cancellation and refund terms shown at checkout apply to the booking, subject to rights that cannot be excluded by law. We will publish a clear schedule covering borrower cancellations, lender cancellations, item unavailability, material mismatch and payment failure. If an item is not provided as booked, report it promptly and do not mark the handover complete. Late-return charges, if any, must be displayed before booking and must be reasonable and lawful.

9. Fees, payouts and payment services

LendMe’s fees and the Lender’s expected payout will be shown before a booking is confirmed. You authorise us and our payment provider to collect the amounts you approve, deduct disclosed fees and process refunds or Bond outcomes under these Terms. Payment providers may apply separate terms and privacy notices. We may pause or reverse a payout where reasonably necessary to investigate fraud, a chargeback, a booking dispute, legal requirements or a suspected breach, subject to applicable law and the provider’s rules.

Lenders are responsible for understanding their own tax obligations. LendMe may collect and report user identity and transaction information to the Australian Taxation Office or another authority where required, including under the Sharing Economy Reporting Regime. LendMe does not provide personal tax advice.

10. User conduct, content and reviews

Users must comply with law and these Terms, provide truthful information, treat others respectfully, keep communications relevant to the rental, and not harass, threaten, defraud, impersonate or discriminate against another person. Users must not manipulate reviews, evade fees, scrape data, interfere with the service, upload malware or use the platform to advertise unrelated products without permission.

You retain ownership of content you submit. You grant LendMe a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and adapt that content only as reasonably needed to operate, promote and improve the platform, provide the services, and enforce these Terms. You confirm you have the rights needed to provide it. We may remove content that we reasonably consider unlawful, unsafe, misleading or in breach of these Terms.

11. Safety reports and platform action

Users can report unsafe listings, suspected recalls, unlawful activity, fraud, damage or conduct using the Report this listing link on any listing, or Report an issue on a booking in My bookings or by emailing lendmeau@gmail.com. Include the listing or booking reference and relevant evidence. We will assess reports and take action appropriate to the issue, which may include requesting information, pausing a listing or booking, issuing safety notices, suspending an account, removing content, refunding or holding a payment where authorised, or contacting authorities. We may retain relevant records for safety, dispute, legal and regulatory purposes.

12. Suspension and termination

You may close your account at any time using Delete my account in your Profile, or by emailing lendmeau@gmail.com from the email address on your account. If you have unfinished bookings or open reports, your request will be reviewed by us and the account closed once those are resolved. When an account is closed we remove your personal details from your profile and listings, but we may keep booking, payment, message, report and dispute records, de-identified where practicable, for safety, legal, tax and record-keeping purposes. We may restrict, suspend or close an account, remove a listing or cancel a booking where reasonably necessary for safety, fraud prevention, legal compliance, payment integrity or enforcement of these Terms. Where practicable, we will give reasons and an opportunity to respond. We may act without advance notice where urgent action is reasonably needed to prevent harm, protect users or comply with law. We will deal with confirmed bookings, refunds, Bonds and outstanding complaints in accordance with these Terms and applicable law.

13. Privacy

Our Privacy Policy explains how we handle personal information. By using LendMe, you acknowledge that information will be handled as described there and as otherwise permitted by law. You must use another user’s information only for the relevant booking, safety or dispute and must not retain or share it for unrelated purposes.

14. Disclaimers and consumer rights

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy that cannot lawfully be excluded. The LendMe platform services are subject to all applicable consumer guarantees. Any permitted limitation applies only to the extent the law allows and does not apply to liability that cannot be limited or excluded.

LendMe does not warrant that a user, listing or item has been independently verified, inspected, certified or insured unless we expressly say so for a specific service. User statements and photos are provided by users. However, this does not limit LendMe’s own obligations under applicable law, including obligations relating to its platform services, representations, safety response and handling of payments or disputes.

15. Liability and indemnity

To the extent permitted by law, each party is responsible for loss caused by its breach of these Terms, negligence, unlawful conduct or infringement of another person’s rights. A Borrower is responsible to the Lender for loss or damage to a rented item caused during the rental, except to the extent caused by pre-existing condition, ordinary wear, the Lender’s act or omission, or another cause for which the Borrower is not legally responsible.

Nothing in these Terms limits liability for death or personal injury, fraud, wilful misconduct, breach of a non-excludable consumer guarantee or any other liability that cannot legally be excluded. Any indemnity by a user in favour of LendMe is limited to reasonable loss, liability and costs caused by that user’s breach, negligence, unlawful conduct or infringement, and does not apply to the extent caused by LendMe or to liability that cannot be shifted by law.

Subject to the preceding paragraph and to the extent permitted by law, LendMe is not liable for indirect or consequential loss that was not reasonably foreseeable. Any remedy or liability cap must be read subject to applicable consumer guarantees and unfair contract terms laws; no blanket exclusion in these Terms is intended to override those laws.

16. Complaints and disputes with LendMe

If you have a complaint about LendMe, contact lendmeau@gmail.com with your account and booking details. We will review it and respond within a reasonable time. If we cannot resolve it, either party may use any dispute resolution option available under applicable law. Nothing in these Terms prevents you from contacting a consumer protection agency or commencing proceedings in a court with jurisdiction.

17. Governing law

These Terms are governed by the laws of Queensland and the applicable laws of Australia. Courts in Queensland may hear disputes, subject to any mandatory rights to bring a claim in another court or forum. This clause does not remove rights available under the Australian Consumer Law or other mandatory laws.

18. Updates and general

We may update these Terms by publishing a new version and giving reasonable notice of material changes. Changes apply from the stated effective date and do not retrospectively alter a confirmed booking unless the affected users agree or the law permits. If a change materially affects an active user, we may ask them to accept the updated Terms before continued use. If a provision is unenforceable, it is severed only to the extent necessary and the remaining provisions continue. These Terms and policies expressly incorporated into them form the agreement about use of the platform, without limiting any separate rental agreement between a Lender and Borrower.