Terms and Conditions

Terms of the use of the Hire Things website and services

Version 1.2.0 July 13, 2008

Terms and Conditions of Hire Things

1.    Terms and Conditions of Hire Things
1.1    You agree to these terms and conditions: The terms and conditions are the terms on which we offer you access to the services and the website of Hire Things. By registering as a member you accept these terms and conditions. If you do not accept these terms and conditions, you should not use the service and website of Hire Things.
1.2    These terms and conditions cover your relationship with us: Hire Things provides a web-based system to allow you to manage lending, borrowing, renting and hiring transactions with other people or organisations. These terms and conditions set out the rights and obligations between Hire Things and you as a member.
Transactions between you and another person or organisation will however create rights and obligations between you and the other party. We are not a part of the lending, borrowing, renting or hiring arrangements between you and other parties.  
1.3    Your relationship with others is defined elsewhere: We have provided a template of default terms and conditions for lending, borrowing, renting and hiring arrangements created or recorded via the website. These default terms and conditions outline some basic rights and obligations between members when they lend, borrow, rent, or hire resources using the website. Some or all of these default terms and conditions may not apply if members record lending, borrowing, renting, or hiring arrangements not organised through the website, or have agreed with the other party to an arrangement to amend or replace any or all of these default terms.
1.4    We will use these definitions in the terms and conditions:  In these terms and conditions, we use the following definitions:
(a)    ‘borrow’ means to take temporary possession, but not ownership, of a resource (goods or places, not people) from another party either for consideration or for no consideration and in these terms and conditions includes hire, lease and rent. ‘Borrower’ is one who borrows and it includes the hiree or lessee of resources that are goods or places.
(b)    ‘hire’ ‘lease’ ‘rent’ ‘let’ mean to engage the temporary use of goods or places for a consideration.
(c)    ‘hire services in’ means to benefit from services performed by one party in exchange for money or another service.
(d)    ‘hire services out’ means to perform a service for the benefit of another party in exchange for money or another service.
(e)    ‘lend’ means to give the temporary possession, but not ownership, of a resource (goods or places, not people) to another party either for consideration or for no consideration and in these terms and conditions includes to let, to lease, to rent out, and to hire out. ‘Lender’ is one who lends (includes owner or agent), also referred to as hirer of resources that are goods or places.
(f)    'listing' means a record of a resource on the website;
(g)    'member' means a registered member of Hire Things, including individuals, groups, businesses, or other organisations   
(h)     ‘public listing’ means a record which a member allows some or all other members to view, and to ‘publicly list’ refers to the act of a member creating this type of listing
(i)    'resource’ or ‘resources’ means goods, places, or services that may be booked and lent, borrowed or hired through the website;
(j)    'our services' means any one or more of the services offered by Hire Things from time to time, including an on line hiring, renting, and lending marketplace, an online booking system, and any other service that we may offer;
(k)    ‘transaction’ means the lending, borrowing or hiring of any resource using our services;
(l)    'we', 'us' and 'our' are references to Hire Things;
(m)    'website' means the Hire Things website through which our services are offered, and includes any other channels through which our services may be provided; and
(n)    'you' and 'your' are a reference to the user of the Hire Things website as an individual or as an organisation agreeing to these terms and conditions when becoming a member.
1.5    Headings are for convenience only: We have included bold headings on each paragraph of these terms and conditions. The headings are not binding and are included for ease of reference only. The headings are not intended to affect the interpretation of the text of these terms and conditions.

2.    Becoming a Member
2.1    How to become a member: Becoming a member is free. You simply need to complete the online registration process. Anyone who is 18 years of age or older can become a member, unless to do so would breach any law or regulation applicable to you where you live.  
2.2    You must give us accurate information about yourself:  When you register as a member, you must provide to us complete, accurate and current personal information. If you are registering on behalf of a club, group, or other organisation, you must provide us complete, accurate and current information about that club, group or organisation as required, and must provide the accurate details of the person representing the organisation.  
You must maintain and update your personal/organisational information held by us to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). We may phone or mail you to verify these details.
2.3    We can terminate, suspend, or otherwise limit your membership at any time: We reserve the right to decline to register or to terminate your membership at any time. For example, but without limitation, we may terminate your membership if we receive significant complaints about you from other members, if you breach these terms and conditions, or in exceptional circumstances if we, at our sole discretion, deem your behaviour to be unacceptable.
2.4    You must keep your login information secure: You are responsible for keeping your login information, including your email address and password, secret and secure. If any person obtains information that allows that person to gain access to your membership, you will be responsible for that person’s actions.

3.    Fees and Accounts
3.1    We may charge a commission or transaction fee: We may charge a commission or transaction fee when you hire out a resource for payment.  If we charge a commission, the basis and details of this will be outlined on the website. If we charge a commission, you will accrue/incur that commission on the successful completion of a hire transaction of one of your resources, or for long-term and ongoing hires, at an appropriate point through the hire period as stated on the website. We will not provide any refund of these fees except where it is proven that a transaction was not undertaken, and at our sole discretion.  
3.2    We may charge other fees: We may charge other fees for premium registration, listing, or other Hire Things services. Any such fees are charged when we provide the service and are not refundable. If you elect to purchase any insurances offered from time to time, you must pay insurance fees at the time of purchase.
3.3    We can change our fees at any time: We may change the fees charged for any of our services at any time. We will notify you of any change by notice on the website. In the event that we introduce a new service, we will provide information about the fees for that service on the website. Such fees will come into effect when they are posted on the website.  
3.4    You should be aware of our fees: Before listing a resource or hiring out a resource, you should review our fees to ensure you are aware of the fees that you will incur.
3.5    We are based in New Zealand so our fees are in New Zealand dollars: If you are a New Zealand resident, then all our fees are inclusive of GST and in New Zealand dollars. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. If you pay us in a currency other than New Zealand dollars you must pay us for any currency conversion and transaction fees we incur in receiving this payment.    
3.6    We will create a Hire Things account for you: We will create and maintain a credit account for you from which you shall pay our fees. Hire Things accounts are only for the purposes of paying Hire Things fees, and may not be used for the payment of hire or rental charges to other members.  
3.7    If your account is in debit you must pay it immediately upon demand:  You must pay us for any negative account balance immediately upon demand by us or as outlined on the website in the fees section. We reserve the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that we incur when collecting that debt. Unless we inform you otherwise, we will not charge you interest or other financial charges for negative account balances.
3.8    We will refund any funds on your account upon termination: If you choose to terminate your membership we will refund the real credit balance of your credit account, less a reasonable processing fee that is payable to us. If we have given you free or bonus credit on your account we are not required to refund that amount to you in any circumstance, nor is that amount transferable to any other member.  
3.9    If you abandon your account:  If you have not logged on to the website for a period of one year, then any unused balance on your account may be forfeited to us and your membership may be suspended or terminated.

4.    Your private information
4.1    How we treat your private information: In order to provide our services to you, we must collect information about you. All information about you or your organisation that we collect from you or through your use of our services and the website is your personal information. We make the following commitments to you in respect of your personal information:
(a)    We will keep your personal information confidential and will not use your information in any way except to provide you our services and for any other use that you expressly authorise. Also, by registering, you authorise us to disclose information in 4.2, 4.3, and 4.4 below).
(b)    We will not sell or allow third parties to access your personal information without your consent, except where required by law.
(c)    We will maintain the security and confidentiality of your personal information in accordance with the highest standards.
(d)    We will require any organisation that provides us with administrative or processing services to comply with our privacy policies.
(e)    You are entitled to examine any of your personal information that we hold and may request that we correct any inaccurate or incomplete information.
4.2    We may disclose your information to authorities if you have breached the law or these terms and conditions:  You agree that we may disclose your personal information, including your name, contact details, and activity records, to the relevant authorities and/or the relevant intellectual property right holders (or their representatives) if we consider that we are required to do so by law or if you have breached these terms and conditions.
4.3    You agree that we may disclose certain information:  You agree that information about you or posted by you in feedback forums or on our other forums or discussion threads will be publicly disclosed on the website. In addition, we will compile summary statistics about all members, which we will publish on the website. The summary statistics include statistics about number of resources, number of transactions recorded and feedback ratings.
4.4    You agree to your name and email address being disclosed as required:  You agree to your name and email address being disclosed as required as part of the provision of our services to you. This may include, but is not limited to, people you add to your trust network, people you lend or hire resources to and people who lend or hire resources to you.

5.    Intellectual Property
5.1    We own all intellectual property rights: We (and our licensors or suppliers, as the case may be) own all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of our services and the website.  
You may not without our prior written permission, in any form or by any means:
(a)    adapt, reproduce, copy, store, distribute, perform, publish or create derivative works from any part of this website; or
(b)    commercialise, copy, hire or sell any information obtained from any part of this website.

6.    Exclusion of Liabilities
6.1    We provide a register and a venue to lending, borrowing and hiring; you deal directly with other members: We provide an on line venue and mechanism to allow you to create a register of your resources, keep track of the lending, borrowing or hiring of resources, and contribute to and participate in an on line community of individuals and organisations who wish to lend, borrow or hire resources for free or for payment. We do not take any part in the transactions other than by providing our website as a venue for members. If you and another party agree to lend, borrow or hire resources, then you and that other party must do so by agreement between yourselves. We do not act as agent for either party and do not participate in any transaction between you and other members. The terms and conditions of any arrangement between you and another person or member (including the default terms and conditions provided by us as altered, extended, overwritten or not) are exclusively and entirely part of your arrangement with another party that you are transacting with.
6.2    You lend, borrow or hire at your own risk: Transactions between you and other members are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any of our members including, without limitation, members that have registered under false pretences or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to resources lent, borrowed or hired on the website, or the character of any other member of the Hire Things website.
6.3    We do not guarantee that our services will always be available:  We will use our reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, we do not warrant that:
(a)    the services provided will be uninterrupted, timely, secure, or error free; or
(b)    that any information (including feedback) provided on the website is error-free or reliable.
6.4    If we have advertisements on the website, we are not responsible for the actions of the advertisers: Each advertiser is solely responsible for the content of and any representation made in connection with its advertisement.   The placement of such advertisements on the website does not constitute our recommendation or endorsement of the advertised product or service.  
6.5    We exclude all liability to you:  You expressly understand and agree that your use of our services is at your sole risk. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of us to you or any other person under or in connection with these terms and conditions, or in connection with our services, this website, another member's acts or omissions, or your use of or inability to use, our services or this website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
6.6    You agree to make good any loss if your actions cause us any damage:  You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to make available a lent or hired resource or failure to perform a hired service as agreed with another member, your failure to return a borrowed or hired resource, your lending or hiring or attempted lending or hiring of a resource prohibited under schedule 1, or performance or attempted performance of a service prohibited under schedule 1, loss or damage of a resource, provision of a resource that is not of reasonable quality or is not fit for its purpose or arising out of any content or resource you submit, post, transmit, or make available through our services.

7.    Rules for members
7.1    You will only publicly list resources that may be legally lent, borrowed or hired: Any resource that you can legally own you may list on the website. Any service that can legally perform may be listed on the website. You will only publicly list resources that may be legally lent, borrowed or hired. We have created a list of resources that must not be publicly listed and we have created a list of resources which the lending, borrowing and hiring of are restricted in New Zealand. This list is attached as schedule 1. If you reside in New Zealand you will not publicly list, seek to lend, borrow or hire, make available to lend, borrow or hire a banned resource and will only publicly list, lend, borrow or hire, or seek to lend, borrow or hire a restricted resource if your resource meets the requirements set out in the schedule. This list may be similar to resources that are banned or are restricted in the country in which you are located. You must check with relevant authorities in your country to ensure that you do not list resources that you are not legally entitled to lend, borrow or hire.
7.2    You will not list any illegal resources: Any resource which you cannot legally possess or any services that you cannot legally performed must not be listed on the website in any form.
7.3    We may remove or delist resources: We reserve the right to, remove any listing which we deem inappropriate or in breach of these terms and conditions.
7.4 (a)    You must not actively seek to bypass our commission:  If you list a resource on the website, to lend, borrow or hire, you should do so honestly and in good faith.  As between you and us this means you must not lend, borrow or hire a resource for consideration outside our processes or otherwise seek to actively avoid our commission. Attempts by you to avoid our commission may result in us suspending or terminating your membership at our discretion.  
7.4 (b)    You must respond to all hire enquiries in a timely manner. You may contact the borrower/customer via phone or via the email/notes facilities provided on all hire enquiries, however you must update the job pricing and other details and submit this back to the customer.  
7.5    You must not provide your contact details: You shall not list your email address, phone number or any other contact details within the description of resources you have listed or in your member profile. Such details may only be provided when you make an arrangement to lend, borrow or hire a resource in order to facilitate the safe and expedient commencement and completion of any loans.
7.6    We will not resolve disputes between members: As we are not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and another member as a result of the use of our services.
7.7    Your listing must not link or promote other businesses or websites: Your listing may contain a link/URL to another website that contains further information on the resource you have listed, but it must not offer to lend, borrow or hire those resources or contain your contact details or the contact details of anyone you may be representing or acting on behalf of. You must not link a listing to any page outside the website unless the page directly promotes the lending, borrowing or hiring of the resources in the listing.  You must not use Hire Things listings to promote a business or website other than a Hire Things website.  
7.8    You must not list resources for sale: You must only list resources that are available for lend or hire. Any resource that is consumable or has consumables associated with its use may be sold as part of their lending or hiring. We do not seek to restrict incidental sales of resources. So, if as a result of lending or borrowing a resource you wish to sell or purchase that resource, you may do so. However, members may not list resources for the express purposes of selling. No form of auctioning of resources is allowed.
7.9    We may remove any listing:  Hire Things may at any time remove any listing that it deems unsuitable or in breach of the terms and conditions.
7.10 If you are leasing a house, office, building or other real estate, you shall agree to the terms in writing: If you are listing real estate for lease through the Hire Things services, after a member accepts your offer of a lease via our services, you and the other member must agree in writing on the terms of lease.
7.11 You will not interfere with the website:  The website may contain robot exclusion headers.  Much of the information on the website is updated on a real time basis and is proprietary or is licensed to Hire Things by our members or third parties.  You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.  Additionally, you agree that you will not:
(a)    Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(b)    Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the website without the express written permission or us and any relevant third party;
(c)    Interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or
(d)    Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.  
7.12 Your listings must be accurate and complete: Your listings must be accurate, current, and complete. You must include all relevant information about the terms on which you will lend or hire a resource, including price, payment terms, shipping methods and whether insurance is required (and if so who pays for it and whose interests should be noted).
7.13 You must supply resources that are fit for their purpose:  You must lend or hire a resource that is fit for its purpose and you must warn the borrower of any known defects.
7.14 You must not lend, borrow or hire illegal or banned resources: You must not lend, borrow or hire illegal, offensive or unsafe resources, resources which infringe copyright or other intellectual property rights, resources which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any resource the lending, borrowing or hiring of which is prohibited by, or violates any, law.  You are responsible for ensuring that any resource listed does not breach any law.
7.15 You must not provide or seek to hire services that are illegal.
7.16 You must nominate a currency for payment:   When you lend or hire a resource you must nominate the currency or currencies in which you are willing to accept payment. When you borrow a resource you must pay any fees due in the nominated currency. The lender must include GST, VAT or other sales taxes included in the price and is responsible for any GST, VAT or other sales taxes or obligations that arise.
7.17 You must only accept an offer if you intend to complete: You must agree to accept an offer to lend, borrow or hire a resource only if you intend to complete the transaction at the listed price and on the terms agreed.   
7.18 You must pay: If payment for the resource you hired is required, you must make full and prompt payment. If payment is not required, then you must promptly complete the transaction as agreed.  
7.19 You must return the resource: You must return any borrowed or hired resource immediately upon the expiry of the agreed lending or hiring period. If you have borrowed or hired fungible goods (i.e. goods that were destroyed in use such as food or petrol) then you must return goods of an equivalent quality and quantity.  
7.20 You will not part with possession of a resource that you have borrowed or hired:  You must not lend, hire, transfer or otherwise part with possession of a resource that you have borrowed (for consideration or for no consideration) unless you have the lender’s consent.  
7.21 You will only borrow or hire resources that can be legally borrowed or hired: You must not lend, borrow or hire resources that may not be legally lent, borrowed or hired where you live. You must check with relevant authorities to ensure that you do not lend, borrow or hire resources that you are not legally entitled to lend, borrow or hire.
7.22 Copyrighted material: You will not copy or reproduce copyrighted resources or use any borrowed or hired resource to copy or reproduce a copyrighted material.

8.    Feedback
8.1    Feedback should not be offensive or defamatory: Feedback you provide on other members should be honest and objective and must not contain offensive, defamatory or inappropriate language. We have the absolute right to determine what is considered offensive, defamatory or inappropriate language, and to remove any such entries.
8.2    You may only give member feedback that relates to a specific transaction: You may only give member feedback that relates to a specific transaction and must not post feedback that does not relate to that specific transaction.  
8.3    No personal details in feedback: You must not post feedback about yourself or include any contact details or personal information in your feedback.  
8.4    Feedback is provided for the sole purpose of facilitating lending, borrowing and hiring: Feedback is provided for the sole purpose of facilitating lending, borrowing and hiring between members of the Hire Things website.  You must not link your Hire Things feedback to or from other websites.
8.5    Feedback system:  You must not take any actions which may undermine the integrity of the feedback system. We reserve the right to automatically suspend memberships with feedback ratings below an acceptable minimum. This may cause you to be unable to list, lend, borrow or hire. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by us and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between members, you agree that you shall not market or export your feedback rating in any venue other than our website.    

9.    Insurance
9.1    Hire Things may provide access to insurance:  Hire Things may provide access to insurance options for you. If it is available, you may purchase insurance when you lend or hire out a resource to someone or when you borrow or hire in a resource. If insurance is not available, you are fully responsible for arranging any insurance you consider necessary. You may, as a term of lending or hiring, require the borrower or hirer to purchase insurance for your resource. You and the other party should agree which one of you is responsible for purchasing insurance and who is responsible for any claim excess and other costs that may arise prior  to exchanging possession of the resource.
9.2    Hire Things is not party to any insurance policy: Whether arranged through the website or otherwise, any contract of insurance is between you and the named provider. We are not party to any contract of insurance.   
 

10.    General Terms and Conditions
10.1    We can amend the terms and conditions at any time: These terms and conditions may be amended in whole or in part by us from time to time.  Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of our services represents your agreement to be bound by the terms and conditions as amended.
10.2    We are not responsible for things we cannot control: Without prejudice to clause 6, we have no liability for any lack of performance, unavailability or failure of our services or the website, or for any failure of us to comply with these terms and conditions if our failure arises from, or is caused by, anything reasonably beyond our control.  
10.3    By allowing time we do not waive our rights: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.  
10.4    Partial invalidity does not make all our terms invalid: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, they shall continue in full force and effect.
10.5    Your agreement with us is under the law of New Zealand: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.  
10.6    These terms and conditions are all the terms of the agreement between us: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between us.  
 

schedule 1


Banned and restricted resources in New Zealand
This list applies in New Zealand only:  We set out a list of resources that either cannot be lent and borrowed in New Zealand or on which there are restrictions.  We chose to do this for New Zealand law because that is where we are located and that is the law we are familiar with.  If you lend and borrow resources outside of New Zealand you may be subject to different laws.  You, as either lender or borrower, are responsible for complying with the law of your country.  You must check with relevant authorities to ensure that you are not violating any laws.
This list applies to public listings only:  When we designate a resource as banned, we mean that that resource is banned from a public listing on the website and that those resources cannot be lent or borrowed through the website.   When we designate a resource as restricted it may be publicly listed, but can be lent or borrowed only in certain circumstances.  This is not intended to restrict private listings in the same way.  Any resource which you can legally own can be privately listed on the website.
Resources banned for public listing
1.    Alcohol:  In New Zealand you must not publicly list alcohol on the website.    
2.    CCTV footage:  You must not publicly list this material on Hire Things. There is a strong possibility that lending or borrowing such footage would breach the Privacy Act 1993;
3.    Copyrighted works:  You must not publicly list copyrighted resources that are not already in the public arena. This includes unpublished books, DVDs, videos, audio CDs, computer games and VCDs.  You must not publicly list any resource that infringes copyright e.g. copied CDs and DVDs.  Also, you should note the restrictions on lending for consideration computer programs and games, audio recordings and films below.  
4.    Fireworks:  You must not publicly list fireworks on Hire Things. Regulations in New Zealand that govern the testing and general safety requirements make lending of fireworks impossible for us to control;
5.    Human body parts:  You must not publicly list human bodies/body parts on Hire Things. In New Zealand it is illegal to possess such resources without a license;
6.    Pharmaceutical medicines:  You must not publicly list pharmaceutical medicines on the website. . Medicines cannot be supplied to the public except by a pharmacist or under an order made by the physician who signed the prescription.  In addition you must not publicly list veterinary medicines , as the supply of these medicines is likely to contravene the New Zealand law;
7.    Menacing dogs/Fighting dogs:  You must not publicly list these animals on the website. The supply of these dogs in New Zealand is restricted by law;
8.    Offensive weapons:  You must not publicly list these resources.  It is illegal in New Zealand to possess certain offensive weapons, such as knuckle-dusters and ninja stars.;
9.    Recreational drugs:  You must not list recreational drugs on the website. .  It is illegal to possess these under the Crimes Act 1961. You must also not publicly list resources specifically designed for the manufacture of recreational drugs, including integral ingredients such as pseudo ephedrine.
10.    Movies and computer games:  Movies or computer games with no New Zealand classification must not be publicly listed.
Resources which may be privately listed, but are restricted for public listing
1.    Adult resources:  R18 materials may be publicly listed, but can not be supplied to minors;
2.    Agricultural compounds:  Agricultural compounds may be publicly listed, but may be supplied in New Zealand only in accordance with the Agricultural Compounds and Medicines Act 1997. You will need to refer to this legislation when lending such resources;
3.    Airguns/BB Guns:  Airguns and BB guns may be publicly listed, but before you supply an airgun or a BB gun you will need to confirm the borrower’s identification and license possession to be certain of legal compliance.  People over the age of 18 do not need a license to possess an airgun, however people aged 16 and 17 do need a license. Those under 16 years of age cannot borrow an airgun.
4.    Animals/Products:  You may publicly list animals to be lent and borrowed via the website, but there are restrictions:
(a)    You may not lend or borrow endangered species, protected wildlife, sport fish or pests;
(b)    You may not lend or borrow certain species of fish – sharks, dolphins, seals and others;
(c)    You can probably only lend or borrow domestic and agricultural animals for a short period of time, for example the lending of a bull or pedigree dog for servicing purposes. A long-term ‘lend’ of a pet is likely to contravene the Animal Welfare Act.
5.    Bicycle helmets and child restraints:  These resources may be publicly listed, but may be lent or borrowed only if they meet approved safety standards.  In New Zealand you can refer to the Land Transport New Zealand website for more information;
6.    Computer programs or games, sound recordings and films:  DVDs, CDs, and computer programs may be publicly listed, but you must not charge consideration to lend these resources, unless the owner of the copyright in those resources expressly allows you to do so. ;
7.    Firearms:  You may publicly list firearms on the website, but the lending and borrowing of firearms is strictly controlled in New Zealand.    It is an offence New Zealand to supply a firearm to any person who is not the holder of a firearms licence, a dealer’s licence or a permit issued under the Arms Act 1983.  It is an offence to supply an airgun to any natural person who is under the age of 18 years and is not the holder of a firearms licence.  It is an offence to supply pistols, military style semi-automatic firearms and other restricted weapons to persons who are not authorised by permit issued by the New Zealand Police.  If you supply a firearm you must do so face to face and must ensure that you sight the borrower’s firearms licence or permit as required;
8.    Resources subject to product safety standards:  The following resources may be publicly listed, but in New Zealand the resources must meet product safety standards before you lend or borrow them:
(a)    Baby walkers;
(b)    Children’s toys;
(c)    Children’s nightwear;
(d)    Cigarette lighters;
(e)    Cots;
(f)    Electric blankets;
(g)    Heaters;
(h)    Pedal bicycles.

Standard agreement terms of any agreement negotiated through Hire Things

Version 1.2.0 July 13, 2008

These terms are the basis of all loan agreements conducted through Hire Things. The specific terms and conditions agreed by the lender and borrower on any loan agreement however may add to, extend, alter, and override parts of these standard agreement terms.

These terms form part of, and should be read and interpreted as part of the Hire Things site usage terms and conditions

  • Lender: the owner of the goods (or person with rights to lend or hire out) - referred to here as lender or lessor, and also known as hirer agent, manager, letter, bailor.
  • Borrower: the person who accepts possession of the goods for a period of time - referred to here as borrower or lessee, and also know as hiree, lettee, user, bailee
  • Resource: any asset or item being lent, let, leased, or hired to the borrower by the lender
  • Loan agreement: the deed of use negotiated and agreed by the lender and the borrower through Hire Things
  • Members agree to adhere to the specific terms and conditions defined and outlined by them in any specific loan agreement which will prevail in case of contradiction with these standard terms and conditions. In the case of absence of specific terms and conditions, members agree to adhere to these standard terms and conditions.
  • The borrower agrees to repair or replace (or pay for repair or replacement) for any damage or loss to any resource incurred whilst the item is in their possession. Damage or loss does not include reasonable wear and tear.
  • The borrower agrees to pay to the lender all hire fees, bonds, deposits, and other costs as agreed (in loan documents negotiated on Hire Things or as negotiated otherwise).
  • The lender must supply goods which are fit for the purpose which they are supplied for.
  • The lender has a duty to warn of known defects or limitations of the goods.
  • The lender must expressly state any limitation on the use of the goods.
  • The borrower agrees to inform the lender of any intended use of the resource that may be considered to be outside of the standard use of the resource
  • Borrowers agree to only use borrowed/hired resources in the manner allowed and agreed in any loan agreement, or as otherwise negotiated and agreed, and to negotiate in advance any permissions to use any such resource in any other manner.
  • Borrowers agree not to re-lend or re-hire any resources without the express written permission of the resource owner/manager
  • Should a claim of damage be placed by the lender, it is on the borrower to show the loss or destruction was not caused by their negligence.
  • Any exclusion of liability by the borrower must be clear and unambiguous.
  • The lender and the borrower agree that, unless otherwise stated, there may well be no implied insurance cover for any resource lent or hired out
  • The borrower agrees to return resources in their issued/received condition, on or before the agreed times. The borrower agrees to communicate in advance to the resource lender any likely inability to to this. The lender and the borrower agree to try to agree an appropriate, fair, and workable resolution.
  • Members agree to pay any let fees, cancellation fees, insurance excesses, and any other liabilities as required by the lender and stated and agreed upon in the loan agreement, with the exception to fees payable directly to Hire Things.
  • The borrower and lender agree that Hire Things is in no way a party to any lending, borrowing, hiring transaction conducted through Hire Things, and that they in no way will seek to make any such claim.

Jurisdiction & Governing Law - transactions

  • The terms and conditions of any agreement between lender (bailor) and borrower (bailee) done through Hire Things will be governed by, and construed in accordance with, the laws of the region where the asset/resource being loaned is domiciled.

Hire Things Privacy Policy

Version 0.6.5 December 6, 2006

General

  • We will not onsell or provide your private information to any other party.

Jurisdiction & Governing Law

  • This privacy policy will be interpreted and applied as per New Zealand law