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Terms of Service

NOTE: By accepting these terms you also agree with AnyHire.com service fees that can be found on the Pricing page.

Introduction

AnyHire.com is the exclusive property of Gamarq Pty. Ltd., a proprietary limited company in Brisbane, Queensland, in the Commonwealth of Australia.

Any person or entity accessing AnyHire is considered a User of the website. By using AnyHire.com you, the User is agreeing to be bound by the following Terms of Service (“Terms”). In addition to the terms and conditions spelled out in this main document, the terms shall include the site Privacy Policy and any other linked documents. If you do not agree to these terms, you are prohibited from using this website.

We reserve the right to modify, alter, and/or update these Terms of Service and related documents as needed. Any modifications, alterations, and/or updates will become effective upon being posted to our website. You are responsible for checking the website periodically for these revisions.

By using this site, you confirm that you are of legal age in your state or country of residence. You further confirm that you are legally capable of entering into contracts. Minors and other persons or entities who cannot enter into legally binding contracts are prohibited from using this website.

Definitions

By “AnyHire,” “Site”, “Website”, “Service” or “System” we refer to the AnyHire.com website.

By “Gamarq”, “Us”, “We”, "Our" or “Company” we refer to Gamarq Pty. Ltd., our management and employees.

Both “Hire” and “Rent” or “Rental” are used interchangeably to refer to the same act of renting / hiring items and / or services.

By “Owner” or “Trader” we refer to the owner of the rental item.

By “Renter”, “Customer” or "User" we mean the person looking for and renting items listed on the Website.

By “Booking” we refer to the request initiated by the Customer toward the Owner to reserve the item(s) to be hired by the Customer during a particular period of time.

Copyrights, Trademarks, and Licenses

“AnyHire,” “AnyHire.com,” and “Gamarq” are all trademarks of Gamarq Pty, Ltd, and are protected by Australian and international law. Unauthorized use is prohibited.

Any content on the website which has been created by AnyHire and Gamarq is copyrighted by Gamarq Pty, Ltd, and is subject to Australian and international copyright laws. Unauthorized use is prohibited.

Any content on the Website which has been posted by our users is presumed to by copyrighted and/or trademarked by them, and is subject to Australian and international copyright laws. You agree not to make unauthorized use of content posted by other users. You agree that Gamarq Pty, Ltd and AnyHire.com are not responsible for the content and listings posted by our users, and cannot be held liable for any copyright or trademark violations.

By listing items for rent or hire on AnyHire, you hereby grant AnyHire and Gamarq a non-exclusive right to publish your content on the worldwide web. You represent that you own those rights or are otherwise legally allowed to grant them. Gamarq may, at its sole discretion, publish your public content on other related websites in order to advertise AnyHire and/or promote your items to a wider audience.

Warranties, Responsibility and Indemnity

The information on this site is provided "as is." We make no warranties, expressed or implied, regarding the information on this site, nor regarding any items listed here. The only warranties that may exist are those provided by the Owner(s) of the item(s) in question. We make no warranty that any item is fit for any purpose, and we shall not be held liable for any damages resulting from the use or inability to use any of the items listed on the site, or any possible injuries caused by the rented items.

Both the User and the Owner agree that they are taking the full responsibility for making sure that any rented items are safe to use. AnyHire never comes in contact with any of the hired items and cannot be held responsible for any of the outcomes of a hire. Both the User and the Owner agree that any legal and other disputes will be conducted between the User and the Owner. AnyHire may be asked by the parties of the transaction to mediate such disputes and it is at Our sole discretion to accept or refuse such request.

The item Owner is fully responsible for items they list for hire on AnyHire.com and assumes the full responsibility for compliance with any applicable laws of the country, state or territory where the item is being hired or for which it is being listed on AnyHire. To help our Users to avoid listing items which may be subject to special laws or restrictions we've created this page to which anybody can contribute from their own area of expertise. Just write to us and we will post your message on the page.

The Website provides means to report any listings that may be unlawful, immoral, offensive or otherwise not appropriate and We encourage you to start a dialog with us on any topic. However, you understand that We are not playing the role of arbitres or law inforcement and are neither responsible nor obliged to take down, change or otherwise treat any such potentially offending page. The responsibility for listed and hired items lies fully on the item Owner and it is the item Owner who may be held responsible by law enforcement or other agencies in their own country of residence for breaking any applicable laws.

Use of the site

Users of AnyHire.com may, at their own discretion, register for password-protected accounts in order to make full use of the site. You understand that you are solely responsible for any activities that occur under your username, and that you are responsible for protecting your username, password, and other private information. If you believe your information has been compromised, you will report this immediately to AnyHire’s customer support. We will not be liable for any claims or damages arising out of unauthorized use of your account or out of your failure to inform us of unauthorized use of your username and password, or any other breach of security.

You agree not to post any content to which you do not own the rights or for which you do not have permission to post. You also agree not to list any items or services which are prohibited by the laws of Australia, the laws of your state and/or country of residence, or any other applicable laws.

You further agree that you are solely responsible for complying with all applicable laws when renting items in given geographical areas.

You agree that you are solely responsible for any content posted by you and for your conduct on the Website.

You agree that Gamarq is not responsible for the content and listings posted by our users, and cannot be held liable for any objectionable content. You further agree that we cannot guarantee the safety of listed items.

All users, including businesses, agree to comply with the following rules for clear communication with the customer:

1. All items posted on the website must either show the actual price or POA (Price on Application) label. The use of generic definitions involving approximate prices or price ranges outside the provided price definition schemes is prohibited.

   The Website allows the item owners to use our simple, custom or complex price definition schemes to vary prices based on the length of hire, the quantity of items hired and the season. These schemes can be set up by the Owner and allow for almost any pricing style required. You cannot define your price as “starting from XYZ” (where XYZ would be a number) or similar. This is to ensure that the Website can calculate and show to its users accurate final prices of items listed or indicate the necesity to enquire about the price. The item owner is given a chance to review all quotation requests and adjust the pricing if required. After that the Owner is committed to charge only the price returned to the User. You agree to report any Website's calculation errors immediately to Us using the Report an issue page.

2. Definition of generic items supposed to represent whole group or line of products is prohibited. Each item definition must represent a concrete item or number of items of the very same type or model. It is allowed for items represented by a single product definition to differ in minor details such as colour if such differences have no influence whatsoever on the item’s operation, purpose or ease of use. Facts like different colour should be stated in a note for each such item.

3. All item information, especially descriptions, must be directly related to the item itself. Generic business introductions and similar are strictly prohibited within item definitions.

   Wondering why? See the F.A.Q.

4. Publishing of contact information, business or personal, within item definition is also strictly prohibited. Businesses can advertise their contact details on a dedicated page that is automatically referenced from all their items.
5. You may not misinterpret an item posted on the Website. All items must be adequately described including the actual item capabilities and limitations. You may not hide important information about the item. You also agree that you will categorize all items accurately. Purposely miscategorizing an item or failing to adequately describe it constitutes a breach of these Terms. (That is not to say that you must come up with descriptions for items which do not need it. This rule exists mainly to prevent intentional deception of Customers and cluttering of clearly non-applicable categories based on misguided belief that it would help any item to be hired more likely.)

We reserve the right to modify or fully or partially remove any listings that are in violation of these Terms. This may apply to items not complying with the rules explained above or items that are offensive, inaccurate, incomplete or considered grossly inappropriate for any other reason.

Owners are obliged to provide truthful information regarding their items and agree that AnyHire may request corrections or may itself modify, remove or add information to the Owners items to clarify their use and purpose. We may also split the provided information into existing sections on the product detail pages in order to allow easy scanning of the information by AnyHire users.

To help potential customers find items more easily the Owner authorizes AnyHire to use item images from the Owner's own website in order to depict the Owner's own items and also authorizes AnyHire to supply third party pictures if no own pictures are available and the listed item has no picture attached by its owner.

Deliberate misinterpretation of item's purpose, quality, safety or any other important aspect, incomplete important information etc. may result in suspension of your access to your account.

When such functionality is offered, users can flag items that violate some of the rules set in this document. However, users are not allowed to falsely flag another members' items for personal gain or grudge against the particular Owner.

You agree not to abuse the site. Abuse can include, but is not limited to, messing with or reverse-engineering our code, attempting to access sensitive information that isn’t yours, pretending to represent us when you don’t, putting an unnecessary load on our servers, intercepting communications or otherwise trying to break or falsify things.

You also agree not to abuse your fellow users. This abuse can include, but is not limited to, using our messaging system to spam, misrepresenting yourself or your items, harassing other AnyHire users, and harvesting e-mail addresses or other information for unauthorized use.

Spreading viruses, worms and the like is an abuse of the site and your fellow AnyHire users. So of course that’s prohibited, too.

You agree to maintain the accuracy of your registration information and before any rental transaction you warrant that these details are complete and correct.

As a party to a hire transaction you agree to be bound by the Standard AnyHire hire/rental agreement or by the Owner's own standard terms or special terms negotiated with them. All such agreements have to be signed by both parties at the start of the hire period. If the parties fail to sign an agreement and the rental transaction still goes ahead, the parties agree to be bound by the Standard AnyHire hire/rental agreement. Both parties also agree that the use of the Standard AnyHire hire/rental agreement is at their own risk and that this agreement is provided as a template that may or may not be altered by the parties. Furthermore, both parties agree to be bound by the obligation to point out to the other party any possible changes they made to the Standard AnyHire hire/rental agreement prior to its signing.

You recognize that we are not a party in any rental agreement. We only facilitate the discovery between parties and provide means to help process parts of the rental transaction.

The parties cannot exchange contact information until they are given such information by the Website.

You may not use the Service if you are unable or prohibited by applicable laws or local regulations to complete the rental transaction.

You acknowledge that you are aware that you can set up your account with default online discount applicable to all your items when you first register your business (this does not apply to private Owners). This discount setting then acts as a pre-set on any new products added to the system. This is to encourage lower prices when items are booked and paid online since by letting AnyHire.com process these bookings, the businesses are most likely saving time of their personnel who would otherwise have to answer questions and take bookings and payments from these customers. This discount is passed fully onto your customers and it is them and you only who benefit from it. We further reward the business Owners of such items with lower transaction fees.

You can easily change this default discount in your account Preferences. Further, this account-wide default can be overridden on per-product bases when you are creating (listing) each of your products and it can also be altered or removed at any later time.

You further acknowledge that it is your responsibility to check all final calculated prices of booked items before you confirm them. It is also your responsibility to check the amounts on payment notifications. Even though the system is built to prevent malicious attacks and unauthorized price and discount manipulation, it can never be ruled out that a malicious user will manage to do just that. The possibility of a system error also cannot be completely ruled out.

It is your responsibility to check all received payments for accuracy and alert us if you find any discrepancies. We pledge that we will do everything in our power to fix the problem and recover any lost money. However, please be aware that in case when for example a customer have been charged less than they were supposed to and they do not agree to fix the difference, we don't take upon ourselves the responsibility of paying you any such difference. By agreeing with this agreement you state that you understand that software may be imperfect and your accept the responsibility to deal with results of those deficiencies and indemnify us from any responsibility other than for fixing the problem so that it does not repeat. You further understand that we may need your cooperation in identifying the problem in order to being able to fix it.

We reserve the right to change these Terms as well as limits applied to certain operations on the Website and the pricing policy at any time and without prior notice.

Hire pricing

The User understands that items listed on the Website are owned by third parties (existing hire businesses or individuals) and that their pricing is fully dictated by these third parties and subject to change without notice. The user further understands that the pricing information of any item listed on the Website may not be perfectly in sync with the owner's current pricing and therefore that the price can be adjusted after a quotation request is submitted by the User and before he or she is required to commit to it by accepting the returned quotation and before turning it to a binding booking.

Similarly, any delivery pricing shown on the initial quotation may not be accurate and may need to be adjusted by the item owner depending on the delivery location, the actual item or items required, ease of access to the delivery location and other conditions. The final pricing will be subject to the users final acceptance.

The User understands that the item Owners may have their own Terms of Service which may supersede certain points of this Agreement in matters directly related to the actual hire of the item or items. Terms directly related to the operation and function of AnyHire.com, Our reservations, indemnities, fees etc. cannot be superseded by third party's ToC unless specifically permitted in this Agreement. Both the Owner and the Customer understand this point.

Owners may require other fees to be paid to them. These should be stated on the product detail pages in relevant sections like "Item Long Description" or "Foot notes" or attached as separate downloadable documents using either the user Preferences page or Item definition pages if such terms are item-specific. Any such additional fees not covered by the Website's functionality will be cleared directly between the Customer and the Owner.

Payments to rental item Owners

In order to provide fast and straightforward cancellation process as well as to protect all users of this site we provide an automatic escrow service. This service works slightly differently between hires from private individuals and hires from reputable^‡ professional hire businesses.

In case of hires from professional hire businesses we only hold the customer payments in escrow until the start of the actual hire period. Both the Customer and the Trader understand that any issues arising on the date of the scheduled start of the hire and after it will have to be resolved between the two parties, including processing of any refunds to the Customer. Cancellations before the start date of the hire period will be processed by Us according to the Owner's own Terms of Service if available on the Site. AnyHire will charge the standard transaction processing fees from the Owner's cancellation fee, which will be charged to the Owner. If the Owner does not state their own cancellation fees Our standard cancellation fee schedule will be used.

^‡ Please note that in order to protect the Customers we may and generally will hold any customer payments in escrow until the end of the hire period where the Owner business has their customer rating lower than 85% averaged from at least 3 ratings. We may override this setting either way (enabling or disabling it) at our sole discretion in extreme cases (e.g. after a report that a listed business has seriously bad business practices or is in fact not a business at all).

In case of hires from private individuals we hold the Customer payment in escrow until 1 week after the end of the hire unless a cancellation occurs. This one week is the Customer's window for raising any disputes. If no disputes are submitted through the Website the whole Customer payment less the applicable fees will be forwarded to the Owner's nominated financial account. If there is a dispute AnyHire will try to help resolve the issue in the role of a mediator between the two parties in the hire transaction. If the claim is assessed as justified the Customer's payment may be fully or partially refunded while the remainder, if any, of the Customer payment less the applicable AnyHire fees will be forwarded to the Owner.

Item availability

The Website has been designed to be as helpful as possible to both parties in a hire transaction. Among other helpful functions the Website tracks item availability to the best of the information available to it but this information must be considered as of purely informative nature and the actual availability can only be confirmed by the item owner upon submission of a quotation request. The availability information will be more accurate for private Owners and less accurate in case of existing hire businesses which transact through other means in addition to transacting through AnyHire.com.

Service fees

Registering an account and listing an item for rent or sale on AnyHire are always free. AnyHire will subtract a fee for all rental and purchase transaction completed using the System.

The transaction fees as well as any other fees that may be charged for some optional advanced services are listed on the Pricing policy page which forms part of this agreement.

Privacy & Security Policy

Your privacy is very important to us. We collect your personal or business information for the sole purpose of making rental and sale transactions possible and secure and to bring parties together based on their location.

We will never sell or give your information to third parties except where required by the law or in order to make transactions possible as is the case with payment gateway providers.

We never disclose your personal information to other users of the Website except in cases where a rental transaction reached the state where it is paid by the customer.

In effort to protect your personal information, we have devised and implemented several strategies. These include:

• Never giving other users any of your personal or business information, including your username, until the transaction reached ‘paid’ state or unless you choose in your profile to disclose some information, like your business name and location.
• We protect your account information with a password that you choose and can change at any time. We offer guidance for password strength.
• We store your passwords in a salted hashed form only, which means that it is impossible even for us to guess or compute your actual password. Hashing is a one-way irreversible encoding. Salted hash codes are never the same even between two users with identical passwords.
• We protect our servers and databases storing your personal details by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• The Website protects all communications with you which involve transfer of personal data by 4096-bit strong SSL encryption.
• If you are a private trader your location(s) on the maps shown to users is/are offset by random distance and direction (unless expressly chosen otherwise by you) in order to make it virtually impossible to accurately locate you, while still giving the users good idea about the distance from you and therefore not impairing the ability of users to find your items.
• We automatically provide escrow service for all rental fees and deposits paid through the Website until the successful conclusion of all private rentals and until the start of hire in case of renting from participating rental businesses. That means that you cannot lose your money through false listings of items suddenly unavailable at the time of the start of the rental period etc.
• All financial transactions are processed by one of the most trusted leaders in online money processing – PayPal. We do not have access to, collect or store your credit card details. That should leave you assured that your credit card information is safe.
• We make readily available to customers information about our policies and practices relating to the management of personal information.

Penalties

We reserve the right to remove content which we, at our sole discretion, find to be in violation of these policies. We reserve the right to cancel any account which we, at our sole discretion, find to be in violation of these policies. Failure to exercise these rights does not constitute a waiver of these rights.

Legal Jurisdiction

This agreement is governed by the laws of State of Queensland in the Commonwealth of Australia. You agree that the courts located in Queensland, Australia shall have exclusive jurisdiction with regards to any claim or dispute arising out of or related to this Agreement. You agree to submit to the personal jurisdiction of the courts located within Queensland, Australia for the purpose of litigating all such claims and disputes involving Us.

As We are not participants in any actual rental transactions that arise from using the Website the users are free to choose the jurisdiction in cases where a problem could not be resolved between the involved parties and a litigation becomes necessary.