These Terms of Use (“Terms”) govern your access to and use of the Hire Assets website, marketplace, applications, communications and related services (together, the “Platform”).
The Platform is operated by Breakthrough Marketing Pty Ltd, trading as Hire Assets (“Hire Assets”, “we”, “us”, “our”).
By accessing or using the Platform, creating an account, listing equipment, making a booking, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. About Hire Assets
Hire Assets is an online marketplace that connects people and businesses who want to hire equipment (“Hirers”) with people and businesses who list equipment for hire (“Owners”).
Unless expressly stated otherwise, Hire Assets:
- does not own most equipment listed on the Platform
- is not the supplier, manufacturer or lessor of listed equipment
- is not a party to the underlying hire contract between an Owner and a Hirer
- provides marketplace, booking, payment, trust and support functionality to facilitate transactions between users
We may, however, provide related platform services, payment processing support, dispute handling support, trust and safety measures, customer support, identity checks, and other marketplace services.
2. Eligibility
You must be at least 18 years old and capable of forming a legally binding agreement to use the Platform.
If you use the Platform on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
We may refuse access to the Platform, suspend accounts, or remove listings at any time where reasonably necessary to protect users, comply with legal obligations, manage risk, enforce these Terms, or protect the Platform.
3. Accounts
To access certain features, you may need to create an account.
You must:
- provide accurate, current and complete information
- keep your account details updated
- keep login credentials secure
- not share your account with another person unless expressly authorised
- notify us promptly of any suspected unauthorised use of your account
You are responsible for activity conducted through your account unless caused by our breach or fault.
4. Marketplace role and no guarantee of transactions
Hire Assets provides a marketplace platform only. We do not guarantee:
- that any listing will be hired
- that any booking request will be accepted
- that any listed equipment is suitable for your intended purpose
- that any user will perform their obligations
- uninterrupted or error-free use of the Platform
We may take steps to support trust and safety, but users remain responsible for making their own decisions about listings, bookings, equipment suitability, and counterparties.
5. Listings
Owners may create listings for equipment made available for hire through the Platform.
Owners must ensure that each listing:
- is accurate, current and not misleading
- describes the equipment fairly, including condition, features, limitations and any material defects
- includes lawful pricing and availability information
- relates only to equipment the Owner has the legal right to list and hire out
- complies with these Terms and all applicable laws, regulations and safety requirements
Owners must not list:
- prohibited, illegal, unsafe or dangerous items
- items they do not have authority to hire out
- equipment that is not fit for hire, is materially defective, or poses unreasonable risk
- misleading, deceptive, fraudulent or duplicate listings
We may edit, decline, suspend, remove or delist listings at our discretion where reasonably necessary for safety, compliance, quality control, operational reasons, or enforcement of these Terms.
6. Bookings and hire arrangements
A booking request or booking made through the Platform creates a direct arrangement between the Hirer and the Owner, subject to:
- these Terms
- any applicable platform policies
- any lawful listing terms disclosed on the Platform
- any booking details accepted through the Platform
Owners are responsible for:
- making the equipment available as described
- ensuring the equipment is safe, lawful and fit for hire
- complying with applicable registration, licensing, insurance and safety obligations
- providing accurate pickup, delivery, return and usage instructions where relevant
Hirers are responsible for:
- ensuring the equipment is suitable for their intended use
- using the equipment lawfully, safely, competently and only for its intended purpose
- complying with all owner instructions and applicable laws
- returning the equipment on time and in the required condition, fair wear and tear excepted
- not allowing unauthorised third parties to use the equipment unless permitted
7. Pricing, fees and payments
Prices shown on the Platform may include owner pricing and platform fees, or may be presented separately depending on the checkout flow.
By making a booking, the Hirer agrees to pay:
- the applicable hire charges
- any disclosed fees, charges, taxes or deposits
- any other amounts validly payable under the booking or these Terms
By listing equipment, the Owner agrees that:
- Hire Assets may deduct platform fees, commissions, payment processing amounts, chargeback-related amounts, refunds, reversals or other authorised deductions
- payouts may be processed through third-party payment providers, including Stripe Connect
- payout timing may depend on booking completion, risk review, disputes, reserve settings, provider processing times, and other operational requirements
We may change our fees, commission structure or pricing model from time to time by publishing updated information on the Platform or otherwise notifying users.
8. Security deposits, damage and extra charges
The Platform may allow Owners to require a security deposit, bond, damage deposit, excess amount or similar security arrangement for a booking.
Where applicable:
- security amounts may be pre-authorised, held, reserved, charged, or otherwise administered through our payment providers or platform processes
- release, retention or application of any security amount may depend on platform rules, booking outcomes, damage claims, payment provider capabilities, dispute review, and applicable law
- we may require supporting information such as photos, timestamps, invoices, quotes, repair evidence, communications or other documents
Owners are responsible for substantiating damage claims. Hirers are responsible for any loss, damage, late return, unauthorised use, cleaning, replacement, or other charges they are liable for under the booking, these Terms, or applicable law.
9. Cancellations, refunds and failed hires
Cancellations and refunds are subject to:
- the cancellation terms shown on the Platform
- any applicable listing-specific terms permitted by the Platform
- applicable law, including non-excludable consumer rights
- payment provider processes and timelines
We may issue, withhold, adjust or facilitate refunds, reversals or credits where reasonably necessary to:
- comply with law
- correct payment errors
- resolve disputes
- address fraud or chargebacks
- enforce these Terms or platform policies
Nothing in these Terms excludes any rights that cannot lawfully be excluded under the Australian Consumer Law. Consumer guarantees apply automatically and cannot be taken away, and businesses must not mislead users about those rights.
10. Consumer law notice
Where you acquire goods or services as a consumer, you may have rights under the Australian Consumer Law that cannot be excluded, restricted or modified.
Without limiting any non-excludable rights, if our services are supplied to you as a consumer, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you may be entitled to cancel the service contract and receive a refund for the unused portion, or compensation for reduced value, and to compensation for other reasonably foreseeable loss or damage.
Most consumer guarantees also apply when goods are hired or leased, although ownership-related guarantees do not apply in the same way to hired goods.
11. User conduct
You must not:
- use the Platform for unlawful, misleading, deceptive, abusive or fraudulent purposes
- interfere with the Platform, its systems, code, security or integrity
- scrape, copy, harvest or exploit data from the Platform without permission
- circumvent fees, payment flows or booking processes
- complete off-platform transactions in breach of our policies
- post false, defamatory, abusive or infringing content
- use the Platform to list prohibited or unsafe equipment
- impersonate another person or misrepresent your affiliation, identity or authority
We may investigate suspected misconduct and take action including warnings, listing removal, booking cancellation, payment holds, account suspension, account termination, reporting to authorities, and legal enforcement.
12. Verification, trust and safety
We may use identity checks, fraud tools, moderation tools, automated systems, AI-assisted systems, screening tools, review systems, reputation data or manual review to help operate and protect the Platform.
We do not guarantee that any verification, review, rating, badge or trust signal is complete, error-free, or a guarantee of performance.
Users must still exercise their own judgment.
13. Reviews, content and communications
Users may submit reviews, ratings, photos, messages, listing content and other material (“User Content”).
You are responsible for User Content you submit. You warrant that you have the right to submit it and that it does not infringe any law or third-party rights.
By submitting User Content, you grant Hire Assets a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, adapt, publish, display, distribute and use that content for operating, promoting, improving and protecting the Platform.
We may remove, edit, refuse, moderate or restrict User Content at our discretion where reasonably necessary for legal, safety, policy, operational or quality reasons.
14. Prohibited equipment and safety
Users must not use the Platform for equipment, items or uses that are unlawful, unsafe, prohibited by our policies, or otherwise inappropriate for the Platform.
Owners must ensure their equipment:
- is safe and suitable for hire
- complies with relevant Australian laws, standards and registration requirements
- is accurately described, including limitations and safety requirements
- is not subject to undisclosed defects, encumbrances or restrictions that materially affect the hire
We may remove listings or suspend users where equipment or conduct raises safety, legal, trust or reputational concerns.
15. Third-party services
The Platform may integrate with or rely on third-party providers, including payment processors, identity tools, analytics tools, hosting providers, CRM tools, communications tools, map providers and other vendors.
We are not responsible for third-party services, except to the extent required by law. Your use of third-party services may also be subject to their terms and policies.
16. Privacy
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.
By using the Platform, you acknowledge that information may be processed or stored offshore, including through service providers such as CRM, hosting or cloud infrastructure providers, and that we take reasonable steps to protect personal information and manage offshore disclosures. OAIC guidance states that Australian entities disclosing personal information overseas must take reasonable steps regarding those overseas recipients and may remain accountable in some circumstances.
17. Intellectual property
Unless otherwise stated, the Platform, including its software, branding, design, text, graphics, layout, databases and other materials, is owned by or licensed to Hire Assets and protected by applicable intellectual property laws.
You may not reproduce, adapt, distribute, reverse engineer, commercialise or exploit Platform content except as permitted by law or with our written consent.
18. Disclaimers
To the maximum extent permitted by law, and subject to any non-excludable rights:
- the Platform is provided on an “as is” and “as available” basis
- we do not guarantee uninterrupted availability, accuracy, completeness, suitability or fitness for purpose
- we do not warrant the conduct, performance, quality, safety, legality or suitability of any user, listing or equipment
- we do not guarantee that equipment listed on the Platform will meet your specific needs
- we do not guarantee that any booking, payout, communication or transaction will be completed successfully
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
19. Limitation of liability
To the maximum extent permitted by law, and subject to any non-excludable rights:
- Hire Assets is not liable for indirect, incidental, special, exemplary, punitive or consequential loss
- Hire Assets is not liable for loss of profits, revenue, business, opportunity, goodwill, reputation or anticipated savings
- Hire Assets is not liable for damage, injury, loss, theft, misuse, unavailability or failure relating to listed equipment, except to the extent caused by our own breach of law, negligence or misconduct
- where liability cannot be excluded, our liability is limited to the minimum extent permitted by law
Where a law implies a non-excludable guarantee or condition into these Terms and that law permits us to limit our liability, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
20. Indemnity
To the maximum extent permitted by law, you indemnify Hire Assets and its officers, employees, contractors and affiliates against claims, losses, liabilities, damages, costs and expenses arising out of or in connection with:
- your breach of these Terms
- your misuse of the Platform
- your listing, booking, hire, conduct or User Content
- your breach of law
- your infringement of third-party rights
This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wilful misconduct.
21. Suspension and termination
We may suspend, restrict or terminate your access to the Platform, remove listings, cancel bookings, hold payouts, or take related action where reasonably necessary to:
- enforce these Terms or platform policies
- investigate suspected misconduct, fraud, safety concerns or legal breaches
- comply with legal, regulatory or payment provider requirements
- protect the Platform, our users or our business
You may stop using the Platform at any time. Termination does not affect rights or obligations that accrued before termination.
22. Changes to the Platform or Terms
We may modify the Platform, features, services, fees, policies or these Terms from time to time.
We will publish updated Terms on the Platform and update the “Last updated” date. Continued use of the Platform after updated Terms take effect may constitute acceptance of the updated Terms to the extent permitted by law.
23. Governing law
These Terms are governed by the laws of Victoria, Australia, unless you specify another Australian governing law preference for your business.
You submit to the non-exclusive jurisdiction of the courts of that State and any Australian courts competent to hear appeals from those courts.
24. Contact us
For enquiries about these Terms, contact:
Hire Assets
Email: support@hireassets.com.au
Privacy: support@hireassets.com.au
Website: www.hireassets.com.au