Please read carefully the following terms of use (“Terms” or “agreement” or “terms of use” or “terms and conditions”) before using the website, mobile application or any other services offered by Simply Borrowed (““We” or “us” or “our”). This agreement sets for the legally binding terms and conditions for your use of the website at simplyborrowed.co.nz (“Website”), mobile applications, and services provided by Simply Borrowed.

1. Terms:
   • 1.1) These Terms apply to your use of the Website. By accessing and using the Website you agree to these Terms.
   • 1.2) If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
   • 1.3) You acknowledge that we provide an online platform and venue to introduce Renters and Listers for the advertisement and rental of clothing. We do not participate in the actual rental of the items and/or rental terms and any rental arrangement and the terms of that are between the Renter and the Lister.
2. Changes:
   • 2.1) We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.
   • 2.2) We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3. Definitions:
   • 3.1) “We” “us” or “our” is Simply Borrowed.
   • 3.2) The Website User (including Renters, Listers and Members) also referred to as “you” or “your” and includes any person acting on behalf of and/or the apparent authority of the Website User.
   • 3.3) “Services” means the provision of an online platform for Members to advertise and rent clothing to Renters.
   • 3.4) “Membership” means the Membership Package offered by Simply Borrowed.
   • 3.5) “Including” and similar words do not imply any limit.
   • 3.6) “Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
   • 3.7) “Personal information” means information about an identifiable, living person.
   • 3.8) “Terms” means these terms and conditions.
   • 3.9) “Underlying System” means any network, system, software, data or material that underlies or is connected to the Website.
   • 3.10) “User ID” means a unique name and/or password allocated to you upon becoming a Member.
   • 3.11) “Lister” means a Member who owns the item and has listed it for rental.
   • 3.12) “Renter” means the Website User that agrees to rent an item by booking it through the Website.
   • 3.13) “Member” means any Website User that has completed a Membership Package on the Website to enable them to list items for rent.
   • 3.14) “Membership Package” means one of the Membership Packages that are offered for monthly Fee as are provided on the Website from time to time.
   • 3.15) “Membership Fee” / “Membership Package Fee” Means the monthly fee for one of the Membership Packages offered on the Website.
   • 3.16) “Bond” means the amount held as a security deposit to cover potential damages or non-delivery of rental items under clause 8.2.
   • 3.17) “Rental Item” means the item of clothing listed for rental by the Lister.
   • 3.18)  “Rental Agreement” means the agreement between the Lister and Renter for the rental of the rental item.
   • 3.19) “Rental Fee” means the fee charged by the Lister for the rental item.
   • 3.20) “Our Fee” means the fee charged by Simply Borrowed for our provision of the platform to you.
   • 3.21) “Website” means simplyborrowed.co.nz

4. Your obligations:
   • 4.1) You must provide true, current and complete information in your dealings with us (including when setting up a Membership), and must promptly update that information as required so that the information remains true, current and complete.
   • 4.2) If you are given a User ID;
     • 4.2.1) you must keep your User ID secure; and
     • 4.2.2) not permit any other person to use your User ID, including not disclosing or providing it to any other person.
   • 4.3) Provide us with an update and correct bank account to allow payment to you;
     • 4.3.1) If you change your bank account you must advise us. In the absence of advice in writing to the contrary we will use the bank account you have provided us; and
   • 4.4) Immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to: info@simplyborrowed.co.nz
   • 4.5) You must:
     • 4.5.1) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
     • 4.5.2) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

5. Collection and use of Information:
   • 5.1) You authorise us to collect, retain and use any information about you for the purposes of your Membership, your use of the Website and enforcing any rights under these terms.
   • 5.2) You authorise us to disclose any information obtained to any person for the purposes set out in this clause.
   • 5.3) Where you are a natural person, the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
   • 5.4) You agree to the terms of our Privacy Policy as published on our Website.
6. Intellectual Property:
   • 6.1) We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
7. Rental
   • 7.1) We do not participate in the actual rental of items to a Renter. Any rental agreement and the terms of that rental agreement are between the Renter and the Lister. We do not act as an agent for either party.
   • 7.2) We have no liability to you for any loss or damage that results from your use of the Website and Services.
   • 7.3) We are not liable for any Listers’ or Renters’ act or omission or anything outside of our reasonable control and we are not a party in any transaction between the Lister and Renter. All transactions and other contacts between the Renter and Lister are entirely at your risk.
   • 7.4) We are not liable or responsible for, nor give any guarantee or warranty in respect of the following:
     • 7.4.1) The accuracy or truth of any listing.
     • 7.4.2) Any guarantees or assurances of the Renter.
     • 7.4.3) That an item will meet your requirements or expectations.
     • 7.4.4) Any item listed or rented on the Website.
   • 7.5) We do not control Website Users and nor do we pre-screen Members or every listing . We take no responsibility for misconduct of our Website Users.
   • 7.6) We are not liable if:
     • 7.6.1) A Member has registered under false pretences or attempted to defraud you.
     • 7.6.2) A listing is inaccurate or untrue.
     • 7.6.3) A Website User fails to complete a transaction with you or fails to comply with your rental agreement.
   • 7.7) You indemnify us for:
     • 7.7.1) Your access to the Services;
     • 7.7.2) Your failure to complete a transaction.
     • 7.7.3) Your breach of these Terms.
     • 7.7.4) Any item you submit, post, transmit or make available through our Services.
   • 7.8) By becoming a Member and listing an item for rent you agree to the following key principles:
     • 7.8.1) Your listing will be accurate as to the description, sizing and quality of your item.
     • 7.8.2) You will deliver your item as promised when a Renter has contacted you.
     • 7.8.3) You shall provide the Renter with a return courier label.
     • 7.8.4) You agree to a flat $10 shipping rate for both delivery and return of an item under rental.
   • 7.9) You as the Renter agree to the following key principles:
     • 7.9.1) You will return the item in the state of repair it was provided to you in the agreed timeframe.
     • 7.9.2) If a Bond is provided to the Lister for your rental of the item you agree that any damage or non-delivery will mean that the Lister’s costs will be deducted from that Bond before any repayment to you in accordance with clause 8.2.
     • 7.9.3) If the rental item is not returned within 12 days after the return date, we will consider the rental item as a “non-return”.
   • 7.10) You agree that we will charge you a Membership Package Fee if you have signed up for a Membership Package and that it will be deducted monthly from your nominated credit card. If any payment is not made by you for your Membership on the due date, then your Membership will be terminated immediately.
8. Payment For Rental Item
   • 8.1) We help to facilitate payment for Items by allowing payment via the Website. We simply pass on payments made by the Renter to the Lister. We are not involved in the transaction itself. Listers are responsible for any refunds.
   • 8.2) Your payment may include the payment of a Bond by the Renter as has been stipulated by the Lister. The Process for the Bond is as follows:
     • 8.2.1) We will hold the bond for 14 days after receipt of payment;
     • 8.2.2) Any disputes or claims against the bond (“claim”) must be made within the 14-day period to info@simplyborrowed.co.nz. The claim must provide all relevant details and supporting evidence; and
     • 8.2.3) if no disputes or claim against the Bond arises within the 14-day period, the bond is then returned to the Renter;
     • 8.2.4) If there is a claim the following process will apply:
       • 8.2.4.1) We will advise the other party of the claim;
       • 8.2.4.2) The other party will have 4 days to reply to us at info@simplyborrowed.co.nz; and
       • 8.2.4.3) You agree that we will make a binding decision on the claim and amount within 10 days of the claim and make payment to the relevant party less an administration fee at our discretion;
       • 8.2.4.4) After the binding decision and payment is made we will close the matter and no further correspondence will be considered or action taken in respect of the claim against us.
     • 8.3) If you do not make payment for a Rental Item that you have agreed to rent, and the Lister complains to us, we may step in. We will exercise our discretion at the time, depending on the situation. We may issue you a warning, or we may suspend or terminate your Membership including without giving you any prior warning.
     • 8.4) We have systems in place to reduce the risk of credit card fraud, but we’re not responsible for protecting you from credit card fraud. Our fraud protections may block legitimate payments from time to time.  If your legitimate payment is blocked, you will need to pay by other means. We understand it can be frustrating, but hope you can appreciate is worthwhile.

9. Fee
   • 9.1) Our Fee is currently 10% of every Rental Fee earned by the Lister. Our Fee is payable by the Lister and will be deducted automatically from the Rental Fee when paid by the Renter on the Website at booking.
   • 9.2) By using our Services, you agree to:
     • 9.2.1) Pay our fees;
     • 9.2.2) The Rental Fee and any Bond for your item listed on the Website will be processed through the Website checkout process; and
     • 9.2.3) Not offer, make or accept payment using any method outside of the Website checkout process.
   • 9.3) We may change Our Fee. We’ll notify you about any fee changes, usually by site announcement, and we’ll generally give you two weeks’ notice.
   • 9.4) If you’re a New Zealand resident, all of our fees are inclusive of GST (if any), unless we clearly express our fees as excluding GST. If you’re not a New Zealand resident, all fees do not include GST.
10. Disclaimers:
    • 10.1) To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
      • 10.1.1) the Website being unavailable (in whole or in part) or performing slowly;
      • 10.1.2) any error in, or omission from, any information made available through the Website;
      • 10.1.3) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
      • 10.1.4) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
    • 10.2) We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
11. Liability:
    • 11.1) To the maximum extent permitted by law:
      • 11.1.1) you access and use the Website at your own risk; and
      • 11.1.2) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
    • 11.2) Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
    • 11.3) To the maximum extent permitted by law and only to the extent this clause of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
12. Suspension and Termination:
    • 12.1) Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
    • 12.2) On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
13. General:
    • 13.1) If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
    • 13.2) These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
    • 13.3) For us to waive a right under these Terms, the waiver must be in writing.
    • 13.4) Clauses which, by their nature, are intended to survive termination of these Terms, including all above clauses, continue in force.
    • 13.5) If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website together with our Rental Agreement and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.