HIRE TERMS AND CONDITIONS
These terms and conditions of hire (Hire Terms) set out the terms and conditions under which BabyBorrow Pty Ltd agrees to rent the Hire Products for exclusive use during the Hire Period. By paying for any Hire Products or hiring from BabyBorrow Pty Ltd (trading as Baby Borrow) you are accepting and consenting to these Hire Terms. Any terms and conditions described as 'Additional Terms and Conditions' that apply to the Hire Product as described at www.babyborrow.com.au will apply as though they are a part of these Hire Terms.
Nothing in these Hire Terms is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law. “Hire Products” means all Hire Products (inclusive of accessories and items described as included in the hire product booking page) supplied on hire by BabyBorrow Pty Ltd to you in accordance with these Hire Terms, “Hire Fees” means the applicable payment for the Hire Products for the Rental Period. This is separate from the “Security Deposit” or any other additional charges. "Security Deposit" means the "Security Deposit" charged at checkout at www.babyborrow.com.au or if no amount is charged, $100.
1. HIRE PERIOD
1.1. The Hire Period begins on the first date of the booked Rental Period (being the rental period booked online at www.babyborrow.com.au or rental period otherwise agreed to by BabyBorrow Pty Ltd in writing) and unless extended in accordance with these Hire Terms, ends on the last date of the Rental Period. If the Hire Period is extended in accordance with these Hire Terms, the Hire Period ends on the last day of the extension to the hire period.
1.3. You may return the Hire Products at any time during the Hire Period however, subject to clause 8.2, you will be responsible for payment of the Hire Fees for the full Hire Period (as extended, if applicable) unless otherwise agreed to in writing by BabyBorrow Pty Ltd.
1.4. You agree:
1.4.1. not to modify or permanently attach anything to the Hire Products for your own purposes;
1.4.2. not to hire or lease the Hire Products to any third party;
1.4.3. to handle and operate the Hire Products in a proper, safe and careful manner and in accordance with the manual/user guide issued by the manufacturer. If the manual/user guide is not provided as part of the Hire Products, you are responsible for sourcing the manual/user guide from the manufacturer’s website online or directly; and
1.4.4. to maintain at your cost, the Hire Products in the same condition as the Hire Products was on the first day of the Hire Period (fair wear and tear excepted).
2. PAYMENT OF SECUITY DEPOSIT AND HIRE FEES
2.1. You must pay the Security Deposit to BabyBorrow Pty Ltd, and BabyBorrow Pty Ltd must receive the Security Deposit on or before collection of the Hire Products. BabyBorrow Pty Ltd reserves the right to refuse collection by you of the Hire Products until the Security Deposit has been received. In the event BabyBorrow Pty Ltd refuses collection by you of the Hire Product because the Security Deposit has not been received, BabyBorrow Pty Ltd will be authorsied to keep any payment that has already been made by You to BabyBorrow Pty Ltd (including the Hire Fees).
2.2. Subject to clause 1.2 and these Hire Terms, the Security Deposit, once paid to BabyBorrow Pty Ltd, will be refunded to you within 3 days of return of the Hire Products to BabyBorrow Pty Ltd in a condition acceptable to BabyBorrow Pty Ltd (at BabyBorrow Pty Ltd’s sole discretion).
2.3.1. the Hire Products haven’t been returned in a condition acceptable to BabyBorrow Pty Ltd (determined at BabyBorrow Pty Ltd’s sole discretion) or if you owe BabyBorrow Pty Ltd any money under these Hire Terms (as determined by BabyBorrow Pty Ltd acting reasonably);
2.3.2. if you are in breach of or default under these Hire Terms; or
2.3.3. if you have cancelled an order,
BabyBorrow Pty Ltd may retain the Security Deposit.
2.4. Subject to clause 2.5, you must pay BabyBorrow Pty Ltd the applicable Hire Fees for the full initial Hire Period prior to collecting the Hire Products.
2.6. All moneys due from You to BabyBorrow Pty Ltd and any amount which BabyBorrow Pty Ltd may have incurred or paid and for which You are liable, may be deducted by BabyBorrow Pty Ltd from any amounts due hereunder to You (including the Security Deposit).
2.7. Payment under these Hire Terms must be made online at www.babyborrow.com.au, or in such other way as agreed to by BabyBorrow Pty Ltd.
2.8. Nothing In this clause 2 is intended to limit BabyBorrow Pty Ltd’s rights under these Hire Terms.
3. CANCELLATION BY YOU
3.1. If you wish to cancel your order, you must notify BabyBorrow Pty Ltd via the contact details at www.babyborrow.com.au. An order will be deemed to be cancelled if you notify BabyBorrow Pty Ltd in accordance with this clause or if you don’t collect the Hire Products in accordance with these Hire Terms.
3.2. Once an order is cancelled, BabyBorrow Pty Ltd will no longer be required to provide you with the Hire Products.
3.3. If an Order is cancelled, BabyBorrow Pty Ltd will not in any event, be required to provide you with a refund.
3.4. If an Order is cancelled at least 7 days prior to the first date of the Hire Period, BabyBorrow Pty Ltd will provide you with a credit note for the value of what you have paid BabyBorrow Pty Ltd.
3.5. If an Order is cancelled in any circumstance other than set out in clause 3.4, BabyBorrow Pty Ltd will be authorised to retain the Security Deposit (if already collected), all Hire Fees and any other payments made by You.
3.7. All moneys due from You to BabyBorrow Pty Ltd and any amount which BabyBorrow Pty Ltd may have incurred or paid and for which You are liable, may be deducted by BabyBorrow Pty Ltd from any amounts due hereunder to You (including the Security Deposit).
4. COLLECTION OF THE HIRE PRODUCTS
4.1. Unless otherwise agreed by BabyBorrow Pty Ltd in writing, You must collect the Hire Products at the address and at the time nominated by BabyBorrow Pty Ltd on the first day of the Hire Period.
4.2. If BabyBorrow Pty Ltd agrees to deliver (or organise the delivery of) the Hire Products to Your address (specified by you at checkout) or other address nominated by You (Nominated Address), for the purpose of these Hire Terms, the Hire Products will be deemed to be delivered once they arrive s at the Nominated Address (irrespective of whether it is in Your possession).
4.3. On or before the collection and/or delivery of the Hire Products (whichever is applicable), You must provide BabyBorrow Pty Ltd with Photo ID in a form acceptable to BabyBorrow Pty Ltd, Your phone number, and a current residential address and pay the applicable Hire Fees (if not already paid) and Security Deposit (if not already paid) accordance with these Hire Terms.
4.4.1. If the Hire Products is being collected by You, at the time of collection;
4.4.2. or If BabyBorrow Pty Ltd has agreed to arrange delivery of the Hire Products in accordance with these Hire Terms, within 24 hours of the Hire Products being delivered,
otherwise, subject to clause 8.1, You are deemed to have accepted the condition of the Hire Products.
5. RETURN OF THE HIRE PRODUCTS
5.1. Unless otherwise agreed by BabyBorrow Pty Ltd in writing, You must return the Hire Products to BabyBorrow Pty Ltd on or before the last day of the Hire Period (as extended under these Hire Terms, if applicable) at the location nominated or agreed to by BabyBorrow Pty Ltd and in the same condition as it was received (fair wear and tear excepted).
5.2. If the Hire Products are not returned to BabyBorrow Pty Ltd in accordance with these Hire Terms by the last day of the Hire Period (as extended, if applicable), You will be charged a late fee of $25 per day for every day that the Hire Products remain unreturned.
5.3 The Snoo Smart Sleeper, if a Hire Product, must be unpaired on all SNOO apps before it is returned. The Snoo Smart Sleeper will not be considered returned for the purpose of these Hire Terms until it has been unpaired from all apps. For the avoidance of doubt, a late fee of $25 per day will be applied even if the Snoo Smart Sleeper has been physically returned to BabyBorrow Pty Ltd, for every day the SNOO has not be disconnected from an app, commencing on the day after the last day of your Rental Period.
6.1. Risk in the Hire Products passes to You once the Hire Products have been collected by You or delivered by BabyBorrow Pty Ltd or third party on behalf of BabyBorrow Pty Ltd. Risk in the Hire Products passes back to BabyBorrow Pty Ltd once the Hire Products have been returned to BabyBorrow Pty Ltd and is in BabyBorrow Pty Ltds possession. Nothing in this 6.1 is intended to limit Your liability under these Hire Terms.
6.2. Title to the Hire Products will always remain with BabyBorrow Pty Ltd and You understands that the Hire Terms relate only to the use of the Hire Products not the purchase.
7. LIABILITY FOR LOSS AND/OR DAMAGE DURING AND AFTER HIRE PERIOD
7.1. Subject to clause 8.1, You shall be fully liable for any damage to or loss of the Hire Products (including theft) beyond fair wear and tear while the risk of the Hire Products is with You in accordance with clause 6.
7.2. In the event the Hire Products are stolen, lost, stained or damaged whilst at Your risk under these Hire Terms, You are responsible for its repair and/or replacement costs. If there is damage to or loss of the Hire Products, once BabyBorrow Pty Ltd is able to quantify this damage and/or loss, BabyBorrow Pty Ltd will notify You, and You must make payment within 24 hours of BabyBorrow Pty Ltd notifying You. If BabyBorrow Pty Ltd does not receive payment within 24 hours of receiving the notice, BabyBorrow Pty Ltd is authorised to contact the police and/or pass Your details (personal and otherwise) and details of this contract to debt collectors and/or lawyers for their pursuit of the debt on BabyBorrow Pty Ltds behalf.
7.3. Your maximum liability for loss and/or damage to the Hire Products and repairs and/or replacement of the Hire Products is the full Replacement Value of the Hire Products that is stolen, lost or damaged which is agreed by the parties to be the amount described as the Replacement Value at www.babyborrow.com.au (or in any document provided by BabyBorrow Pty Ltd to You prior to contract formation), plus any outstanding Hire Fees payable under these Hire Terms. If the Replacement Value for any Hire Product is not described by BabyBorrow Pty Ltd in accordance with this clause, then the replacement value will be deemed to be the reasonable market cost of a new version/model of that item (determined by BabyBorrow Pty Ltd acting reasonably).
7.4. The parties agree that that the Replacement Values expressly identified at www.babyborrow.com.au, or if the Replacement Value is not listed on the website, then the replacement values determined by BabyBorrow Pty Ltd (acting reasonably) will be the cost payable by You should those items be lost, stolen, damaged (and repair costs exceed Replacement Value) or need replacing, the Cleaning Fee identified in the Hire Terms Details will be the cost payable by You should any of the Hire Products be stained or soiled on return. If BabyBorrow Pty Ltd is not able to remove the stain or soil from the Hire Products after reasonable attempts at cleaning, the relevant item will be considered damaged by You and You will be liable for costs in accordance with these Hire Terms.
7.5. You may return damaged Hire Products to BabyBorrow Pty Ltd at any time however, unless the damage is a defect of the type described in clause 8.1 You will remain liable for the Hire Fees until expiry of the Hire Period (as extended if applicable) unless otherwise agreed by BabyBorrow Pty Ltd.
7.6. You agree to indemnify, release and hold harmless BabyBorrow Pty Ltd from and against any and all claims, demands, damages, liabilities, losses, expenses or causes of action arising out of in connection with Your use or possession of the Hire Products. You shall defend, indemnify, and hold BabyBorrow Pty Ltd harmless from any claim, demand, cause of action, loss, expense, damage, or liability, including legal fees, arising from any third-party claim related to the Hire Products (irrespective of cause).
7.7. You must inform BabyBorrow Pty Ltd immediately If the Hire Products is at any time, stolen, defective, damaged, stained or damaged. If the Hire Products breaks down or becomes unsafe to use during the Hire Period, You must stop using the Hire Products and notify BabyBorrow Pty Ltd as soon as practicable.
7.8. You must not attempt to repair or attempt to repair the Hire Products without BabyBorrow Pty Ltds consent.
8. LIABILITY FOR DEFECTS
8.1. If the Hire Products are found to be defective during the Hire Period, and the defect:
8.1.1. was a defect identified during the inspection described in clause 4.4; or
8.1.2. a defect of the type that could not have reasonably been identified by a prudent person during an inspection described in clause 4.4,
BabyBorrow Pty Ltd shall be responsible for repairing or replacing the Hire Products once the Hire Products is returned to BabyBorrow Pty Ltd. If You wish to claim that the Hire Products is defective and BabyBorrow Pty Ltds responsibility under this clause, You must provide evidence that the defect was not caused by their use or operation of the Hire Products.
8.2. If there is a defect in the Hire Products of the type described in clause 8.1, which results in You being unable to use the Hire Products, You may return the Hire Products to BabyBorrow Pty Ltd prior to the end of the Hire Period, and BabyBorrow Pty Ltd will refund or waive (whichever is applicable) the remaining Hire Fees for that portion of the Hire Period to You.
8.3. Despite anything in these Hire Terms, the maximum liability of BabyBorrow Pty Ltd (including in the event of a defect under clause 8.1) shall be limited to the return or wavier (whichever is applicable) of the remaining Hire Fees to You. BabyBorrow Pty Ltd will not be required to provide You with any replacement products or be liable for any losses incurred by You as a result of or in connection with the hire of the Hire Products (including for defects, damages, losses or theft of the Hire Products), irrespective of cause.
8.4. In no event shall BabyBorrow Pty Ltd be liable for any indirect, incidental, or consequential loss or damages arising out of the rental of the Hire Products by You. To the extent permitted by law, despite anything in these Hire Terms other than as set out in clause 8.3, the total aggregate liability of BabyBorrow Pty Ltd to You for all claims arising out of or relating to the performance or breach of these Hire Terms shall be limited to:
8.4.1. In respect of a defect described in clause 8.1, the return of the remaining Hire Fees to You (if applicable); and
8.4.2. In respect of anything else, the total Hire Fees paid by You under these Hire Terms.
9. TERMINATION/CANCELLATION BY BABYBORROW PTY LTD
9.1. BabyBorrow Pty Ltd may terminate these Hire Terms and/or cancel your hire at its absolute discretion and convenience at any time, and without the need to provide any reason for such termination/cancellation by notifying You in writing. Without limiting the Company’s rights in connection with these Hire Terms (including its right to withhold or set-off payment and recover damages) if BabyBorrow Pty Ltd exercises its right to terminate the Hire Terms and/or cancel your hire under this clause, subject to Your compliance with clause 9.2 of the Hire Terms, BabyBorrow Pty Ltd will pay You any portion of the Hire Fees for the remaining Hire Period that You have already paid in advance or waive the remaining Hire Fees (whichever is applicable) and, subject to clause 2.3, return the Security Deposit to You.
9.2. Within 3 days of receiving BabyBorrow Pty Ltds notice of termination under clause 9.1, You must return the Hire Products to BabyBorrow Pty Ltd at the same location the Hire Products was collected (if the Hire Products are on hire to you), or such other location as agreed to by BabyBorrow Pty Ltd, in the same condition as it was received (fair wear and tear excepted).
9.3. In no event shall BabyBorrow Pty Ltd be ever required to provide You with any replacement products or be liable for any losses incurred by You as a result of or in connection with cancelling your hire or terminating these Hire Terms.
10. OTHER
10.1. You must ensure that you keep confidential, and not disclose to any third party, nor use, other than for the purpose of these Hire Terms, without the consent of BabyBorrow Pty Ltd, the terms of these Hire Terms. The parties agree that BabyBorrow Pty Ltd is authorised to pursue legal action and to pass on the details of these Hire Terms and the personal details of You to debt collection agencies and/or lawyers in pursuit of any amounts owing under these Hire Terms. This clause10.1 will survive the expiration of these Hire Terms.
10.2. These Hire Terms will be governed by the laws of South Australia and constitutes the entire Hire Terms between the parties. These Hire Terms may only be amended in writing and signed by both parties.