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Terms of useLast modified: October 7, 2020
1.Terms
1.1 By accessing any websites, mobile sites, mobile applications, products or services offered by 1RENTAL Limited (1RENTAL) (including the website at http://www.1rental.co.nz or the 1RENTAL mobile app) (System), you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms of use, you are prohibited from using or accessing the System. These terms of use should be read in conjunction with 1RENTAL’s privacy policy.
1.2 1RENTAL reserves the right, at any time, to update and change any or all of these terms of use, in our sole discretion, including but not limited to the fees and charges associated with the use of the System. If 1RENTAL does so, 1RENTAL will post the modified terms of use on its websites, though you will be notified of any changes that, in 1RENTAL’s sole discretion, materially impact these terms of use. Continued use of the System after any changes have been made will constitute your consent to such changes.
1.3 The System is not intended to be used by anyone under the age of 18. We will not allow anyone under 18 to register to use the System and if we discover someone under the age of 18 is using the System we will immediately remove access to the System for that person. If you are a parent or guardian and you are aware that your child has registered to use the System, please contact us so we can remove access to the System for your child.
1.4 You are responsible for regularly reviewing the most current version of these terms of use, which are currently available at: http://www.1rental.co.nz/terms. When we change these terms of use, we will modify the "Last Modified" date at that page.
2 User License
2.1 Permission is granted to use the System for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2.1.1modify or copy the materials on the System;
2.1.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
2.1.3 attempt to decompile or reverse engineer any software contained on the System;
2.1.4 remove any copyright or other proprietary notations from the materials on the System; or
2.1.5 transfer the materials on the System to another person or "mirror" the materials on any other server.
This license will automatically terminate if you violate any of these restrictions and may be terminated by 1RENTAL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials from the System in your possession whether in electronic or printed format and uninstall the System from any of your devices.
3 Your Obligations
3.1 You must provide true, current and complete information in your dealings with 1RENTAL (including when setting up an account on the System) and must promptly update that information as required so that the information remains true, current and complete.
3.2 You must:
3.2.1 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 System, or otherwise attempt to damage or interfere with the System; and
3.2.2 unless with 1RENTAL’s written agreement, access the System via standard web browsers or the 1RENTAL mobile app 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.
3.3 You indemnify 1RENTAL against all Loss that 1RENTAL suffer or incur as a direct or indirect result of your failure to comply with these terms of use, including any failure of a person who accesses and uses the System by using the log in details supplied to you by 1RENTAL.
4 Disclaimer
4.1 The materials on the System are provided on an 'as is' basis. 1RENTAL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
4.2 Further, 1RENTAL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the System or otherwise relating to such materials or on any sites linked to this site.
4.3 1RENTAL has not reviewed the sites linked to the System and is not responsible for the contents of any such linked site. Visiting or using any such linked website is at your own risk.
4.4 To the extent permitted by law, 1RENTAL and its licensors have no liability or responsibility to you or any other person for any Loss suffered by you in connection with:
4.4.1 the System being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through the System;
4.4.2 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 System. To avoid doubt, you are responsible for ensuring the process by which you access and use the System protects you from this; and
4.4.3 any site linked from the System. Any link on the System to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
4.5 1RENTAL makes no representation or warranty that the System 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 System is not illegal or prohibited, and for your own compliance with applicable local laws.
5 Content on System
5.1 You undertake to adhere to the terms and conditions of each Social Media Platform, except where such terms may require you to act contrary to these terms of use.
5.2 You warrant that you are at least the minimum age required to access a Social Media Platform. You acknowledge and agree that you will access any age-restricted content on a Social Media Platform available via the System at your own risk.
5.3 The materials appearing on, or accessed via, the System could include technical, typographical, or photographic errors. 1RENTAL does not warrant that any of the materials on, or accessed via, the System are accurate, complete or current. You agree that 1RENTAL has no responsibility or liability for any materials accessed on a Social Media Platform via the System.
5.4 1RENTAL may delete, or make changes to, the materials on the System at any time without notice. However, 1RENTAL does not make any commitment to remove, update or correct such materials.
6 Limitations
6.1 In no event will 1RENTAL or its suppliers be liable for any Loss arising out of the use or inability to use the materials on, or accessed via, the System, even if 1RENTAL or a 1RENTAL authorized representative has been notified orally or in writing of the possibility of such damage.
6.2 To the maximum extent permitted by law:6.2.1 you access and use the System at your own risk; and 6.2.2 we are not liable or responsible to you or any other person for any Loss under or in connection with these terms of use, the System, or your access and use of (or inability to access or use) the System. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7 Suspension and Termination
7.1 Without prejudice to any other right or remedy available to 1RENTAL, if 1RENTAL considers that you have breached these terms of use or 1RENTAL otherwise considers it appropriate, 1RENTAL may immediately, and without notice, suspend or terminate your access to the System (or any part of it).
7.2 1RENTAL may at any time. by written notice to you. immediately terminate these terms of uses and stop your access to the System.
7.3 On suspension or termination, you must immediately cease using the System and must not attempt to gain further access.
8 General
8.1 If 1RENTAL needs to contact you, 1RENTAL may do so by email or by posting a notice on the System or by sending a message to you via your profile on a Social Media Platform. You agree that this satisfies all legal requirements in relation to written communications.
8.2 These terms of use, and any dispute relating to these terms of use or the System, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms of use or the System.
8.3 For us to waive a right under these terms of use, the waiver must be in writing.
8.4 Clauses which, by their nature, are intended to survive termination of these terms of use continue in force.
8.5 If any part or provision of these terms of use 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 of use. The remainder of these terms of use will be binding on you.
8.6 These terms of use set out everything agreed by the parties relating to your use of the System and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these terms of use. You acknowledge you have not relied on any representation, warranty or agreement relating to the System that is not expressly set out in the terms of use, and no such representation, warranty or agreement has any effect from the date you agreed to these terms of use.
9 Defined Terms
9.1 Unless the context otherwise requires, in these terms of use:
Loss includes loss of profits, loss of business, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Social Media Platform means Facebook, Instagram, YouTube, Twitter or any other social media platform later accessible via the System.
Privacy Policy
Plain English Terms
The General Terms below are complicated legal terms that serve to protect us and make it clear the privacy terms that will apply to users of 1RENTAL services. These terms below are here to give you a simple explanation of what the General Terms really mean in plain English.
However, these plain English terms are not legally binding and the General Terms are still the legal terms that will apply if anything goes wrong.
Personal Information: 1RENTAL stores your Personal Information when you use our service. Because we keep this information, 1RENTAL takes on the legal responsibilities that come with storing that information.
Your Rights: You have rights to be able to access, amend and delete your Personal Information on request.
Log data: When you visit our service, 1RENTAL collects data that your browser sends to us and this is then made available to Google Analytics. This includes IP address, browser version, time and date of visit, and other statistics.
Cookies: Our service uses cookies to collect data and improve itself. You can either accept or refuse these cookies and will know when they are being sent to you. If you refuse, you might not be able to use some parts of our service.
Security: 1RENTAL's data is encrypted and securely stored via Google Firebase storage and database services. All passwords are hashed, so no one is able to view them, including 1RENTAL.
Social Media and other Links: When you click on a third-party link to another site that is not operated by us, we have no control over or responsibility for the content or privacy policies of these other sites.
Age Restriction: Those under the age of 18 are not able to access the Service. If someone under 13 years of age provides us with any information, we will immediately delete it and remove that person's consent.
General Terms
1RENTAL Limited, (a limited company incorporated in New Zealand), trading as 1RENTAL (1RENTAL) is an online rental marketplace for goods and equipment, such as sporting equipment or tools. This platform provides renters and lenders (Users) with the ability to connect with one another and rent or lend goods and equipment (Service). This Privacy Policy applies to Users that register via the internet website https://1rental.co.nz/ (Website) and the 1RENTAL mobile application (App), collectively referred to in this Privacy Policy as the Platform.
This Privacy policy is used to inform you of 1RENTAL’s policies relating to the use and disclosure of Personal Information when you use our Service. When we talk about Personal Information, we mean information relating to you or other identifiable individuals.
By using the Service, you agree to be bound by the terms of the then-current privacy policy (Privacy Policy). 1RENTAL reserves the right, at any time, to modify or replace this Privacy Policy. The most recent version of the Privacy Policy is available at https://1RENTAL.co.nz/privacy-policy/. Please check the Privacy Policy page periodically for changes, though we will also notify you via the Platform of any changes that, in our sole discretion, materially impact your use of the Service or the treatment of your Personal Information. Your use of the Service following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.
For your registration to 1RENTAL, 1RENTAL uses a double opt-in procedure, i.e. the registration is not complete until the User has confirmed his or her registration by clicking on the link contained in a confirmation email sent for this purpose. If the User does not confirm their registration, his or her registration to the 1RENTAL platform will automatically be deleted from 1RENTAL's database.
You can unsubscribe from the Platform at any time by sending an email to admin@1RENTAL.co.nz.
The terms used in this Privacy Policy have the same meanings as in our Terms of Use, (which is accessible at https://1rental.co.nz/terms-&-conditions) unless otherwise defined in our Privacy Policy.
Collection of Personal Information
The Personal Information we collect about you, when you register as a User, may include, but is not limited to:
your name
email address;
date of birth;
postal address;
phone number;
profile picture;
profile bios/information;
passwords (hashed);
IP address;
survey responses; and
other information you may provide about yourself when accessing the Service.
We use Square or Stripe to process payments, and your payment information is never disclosed to us and will be handled with in accordance with Square's privacy policy which can be viewed here.
We collect Personal Information from you when you use the Service available on our Platform such as; visiting the Website, registering as a renter/lender, and using the App.
To enable us to improve our existing services and create new features, we collect information about the way you use the Service, including the transactions you enter into on the Platform, your feedback rating, the successful tasks you make, comments on each submitted task and transactions you enter into with our service providers.
We only collect the data that is necessary:
for the operation of the Service;
for the performance of a contract for which you are a party;
for which you have given consent for such processing of your Personal Information; and
for compliance with a legal obligation to which we are subject.
We automatically collect some information from your device when you use the Platform. For example, we collect your session data, including your IP address, the navigation software used and the reference site. We may collect information about your online activity on the Platform, such as reviewed content, pages visited and searches. We automatically collect this type of information to try to better understand your interests and preferences and to better personalise your experience. We also collect Personal Information in order to help protect 1RENTAL and other Users from misuse and fraud.
your name
email address;
date of birth;
postal address;
phone number;
profile picture;
profile bios/information;
passwords (hashed);
IP address;
survey responses; and
for the operation of the Service;
for the performance of a contract for which you are a party;
for which you have given consent for such processing of your Personal Information; and
for compliance with a legal obligation to which we are subject.
Using Personal Information
1RENTAL may collect your Personal Information in order:
to enable us to operate the Service and provide it tto keep you informed about the Service, features, surveys, offers and events we think you may find useful or which you have requested from us;
for commercial purposes on behalf of our partner
to detect whether you are a previously banned user or determine whether you are a hacker;
to sell or market 1RENTAL products and services to you; and
to comply with a legal or regulatory obligation.
We want to make it easy for you to take advantage of related opportunities on our Platform. One way we do this is by sending you emails that contain information about items and tasks of interest to you in in our online marketplace. We believe that these emails will provide you with useful information about special offers available on our Platform. You have the option to change the types of emails you receive or unsubscribe from these emails at any time.
You will receive marketing messages from us if you have given your consent, if you have requested or if you use the Service to access products or experiences from us and if you have not opted out of receiving marketing messages.
to enable us to operate the Service and provide it tto keep you informed about the Service, features, surveys, offers and events we think you may find useful or which you have requested from us;
for commercial purposes on behalf of our partner
to detect whether you are a previously banned user or determine whether you are a hacker;
to sell or market 1RENTAL products and services to you; and
to comply with a legal or regulatory obligation.
Sharing Personal Information
Subject to obligations consistent with this Privacy Policy, we disclose information to our affiliates, agents, contractors, and service providers in order to facilitate the functioning of the Service or to perform tasks that are integral to the Service, such as making posts and tasks, processing transactions, fulfilling requests for information, or providing support services, from time to time.
In addition, from time to time, we may share information with certain third-party companies with which 1RENTAL has a business relationship. These companies may send you offers based on the information you have provided us and by using the Service you consent to receiving such information. We have the right to share your data when we investigate suspicious activity of Users. In such an instance we may have to share the User's IP address and/or email to administrators of other platforms.
Where we are required by applicable law, we will seek your consent prior to sharing your Personal Information with such third parties for marketing purposes. Also, you can opt-out of having your Personal Information shared with third parties for those parties' direct marketing purposes by emailing us at admin@1rental.co.nz or via the Platform.
We will never sell your Personal Information in any circumstance to a marketing company.
Storage of Personal Information
1RENTAL is a New Zealand company with its head-office located in Auckland, New Zealand. For the purposes of the General Data Protection Regulation (GDPR), New Zealand is considered a country which provides adequate protections for Personal Information, as confirmed by the European Commission in Commission Decision 2013/65/EU.
1RENTAL uses third-party service providers (such as managed hosting providers, card processors, CRM systems, and technology partners) to provide the necessary hardware, software, networking, storage and other services that we use to operate the Service. Some of these providers may not be located in New Zealand.
By using the Service or submitting any Personal Information to 1RENTAL via the Service, you consent to 1RENTAL and its authorized service partners using your Personal Information in New Zealand in order to make the Service available to you.
We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including the purposes of satisfying any legal, accounting or statutory reporting requirements.
In order to determine the appropriate retention period for Personal Information, we consider the following factors; the amount, nature and sensitivity of the data, potential risk of harm from unauthorised use or disclosure, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means.
We may retain certain information subsequent to the termination of your account, for example, if it is necessary to fulfil our legal obligations or to exercise, to maintain security, to prevent fraud and abuse and to defend or enforce our rights.
1RENTAL has appointed a Privacy Officer who can be contacted at admin@1rental.co.nz.
Your Rights
You can access, amend and delete the Personal Information you have provided to us by emailing us at admin@1rental.co.nz.
If you decide to terminate your account, we will deactivate it, and remove your Personal Information. Remember that once your account is closed, you will no longer be able to log in and access your Personal Information. You can, however, open a new account at any time.
By emailing our Privacy Officer, you have the following rights with regard to your Personal Information:
Right to request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
The right to request to correct your Personal Information if it is inaccurate. You may also supplement any incomplete Personal Information we have, taking into account the purposes of the processing.
The right to request deletion of your Personal Information if;
your Personal Information is no longer necessary for the purposes for which we collected or processed; or
you withdraw your consent if the processing of your Personal Information is based on consent and no other legal ground exists; or
you object to the processing of your Personal Information and we do not have an overriding legitimate ground for processing; or
your Personal Information is unlawfully processed; or
your Personal Information has to be deleted for compliance with a legal obligation.
The right to object to the processing of your Personal Information. We will comply with your request, unless we have a compelling overriding legitimate interest for processing or we need to continue processing your Personal Information to establish, exercise or defend a legal claim.
The right to restrict the processing of Personal Information, if:
The accuracy of your Personal Information is contested by you, for the period in which we have to verify the accuracy of the Personal Information; or
The processing is unlawful and you oppose the deletion of your Personal Information and request restriction; or
We no longer need your Personal Information for the purposes of processing, but your Personal Information is required by you for legal claims; or
You have objected to the processing, for the period in which we have to verify overriding legitimate grounds
To exercise your rights you can file a request by email to admin@1rental.co.nz.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. In an effort to speed up our response, we may also contact you to ask you for further information in relation to your request.
your Personal Information is no longer necessary for the purposes for which we collected or processed; or
you withdraw your consent if the processing of your Personal Information is based on consent and no other legal ground exists; or
you object to the processing of your Personal Information and we do not have an overriding legitimate ground for processing; or
your Personal Information is unlawfully processed; or
your Personal Information has to be deleted for compliance with a legal obligation.
The accuracy of your Personal Information is contested by you, for the period in which we have to verify the accuracy of the Personal Information; or
The processing is unlawful and you oppose the deletion of your Personal Information and request restriction; or
We no longer need your Personal Information for the purposes of processing, but your Personal Information is required by you for legal claims; or
You have objected to the processing, for the period in which we have to verify overriding legitimate grounds
Log Data
Whenever you visit our Service, 1RENTAL collects information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s IP address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies
Cookies are files with small amounts of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the Platform and are stored on your device's hard drive.
Our Platform uses these “cookies” to collect information and to improve our Service for users (for example to temporarily remember your session in order to not ask you to fill this information again each time you visit the Platform or go from one page to another). Some other cookies are used to generate statistics or to remember your preferences.
You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some parts of our Service.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties will never have Personal Information disclosed to them by 1RENTAL.
To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.
Security
The security of your data is important to us. We endeavor to follow generally accepted standards to protect the Personal Information supplied to us.
1RENTAL's data is encrypted and securely stored via Google's Firebase storage and database services. Information regarding Firebase's privacy and security can be found here. All account passwords are hashed.
However, no internet platform can guarantee perfect security, and we implement and maintain appropriate measures to protect the Personal Information you provide us with.
Social Media and Links to Other Sites
The Platform includes links to services such as Facebook. After clicking on the link you will be redirected to the page of the respective provider, i.e. only after clicking on the link, User information will be transferred to the respective provider. For information on the handling of your data when using the website of other providers, please check the respective data protection information of these providers.
Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Age Restriction
The Service is not intended to be used by anyone under the age of 18. If we discover that a person under 18 is using the Service, we will delete any Personal Information provided.
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact our Privacy Officer at admin@1rental.co.nz.
