These Rental Terms and Conditions (Rental Terms) govern the agreement between the Member who lists an Item for hire (Owner) and the Member who rents that Item (Renter) via the U-Crew platform. These Rental Terms are to be read in conjunction with U-Crew’s Terms and Conditions. U-Crew provides a facilitative role and is not a party to any Rental Agreement.

 

By using the U-Crew Platform, you acknowledge that you have read, understood, and agree to be bound by these Rental Terms and Conditions. In the event of any inconsistency or conflict between these Event Terms and the U-Crew Terms and Conditions, the U-Crew Terms and Conditions shall prevail to the extent of the inconsistency.

By submitting and accepting a Proposal, the Owner and Renter enter into a binding agreement for the temporary hire of the Item as described in the Listing. The Owner retains full ownership of the Item. The Renter agrees to use the Item in accordance with the Listing, these Rental Terms, and any additional conditions agreed upon in the Proposal.

The Rental Period starts on the rental Start Date and ends on the rental End Date, as agreed and accepted by the Owner via the Platform. The Renter must return the Item on time and in the same condition, subject to normal wear and tear. To extend the Rental Period, a new Proposal must be submitted and accepted by the Owner via the Platform.

At the commencement and conclusion of the Rental Period, the Owner and Renter must inspect the Item together and may document its condition, including photographs. Any pre-existing damage must be recorded at pickup. Failure to document the Item’s condition may affect claims regarding damage or loss.

Total Fees, including any applicable Taxes and Service Fees, must be paid through U-Crew before the Rental Period begins. Owners receive payment less applicable Commissions, and Renters are charged in accordance with the Listing. Security Deposits may apply and are held by U-Crew subject to Incident Reports or claims.

The Owner is responsible for determining, collecting, and remitting any applicable taxes arising from the rental of the Item, unless otherwise specified in the Listing or required by law. U-Crew may provide tools or guidance but does not assume responsibility for tax compliance. Additional requirements may be set out in the Platform Terms and Conditions.

The Renter must notify the Owner of any damage or issues immediately and cooperate with any resolution process. Owners must submit an Incident Report through U-Crew for damage, loss, or late return claims. U-Crew will assess and act accordingly. Security Deposits may be used to cover verified damages, cleaning, or late fees. The Renter acknowledges and agrees that their liability for any damage to, loss, or theft of the Item during the Rental Period is not limited to the amount of the Security Deposit. If the costs of repair or replacement exceed the Security Deposit, the Renter shall remain liable for the full amount of such costs, and agrees to promptly pay any additional amounts as required.

U-Crew shall hold the Security Deposit in trust and release it within 7 business days after the Rental Period ends, unless the Owner submits a claim within 3 business days post-rental. For claims, U-Crew will:

• Notify both parties immediately;

• Allow 5 business days for evidence submission;

• Issue a written decision within 3 business days.

Deposits may only cover documented damage beyond normal wear and tear, missing or lost items, late fees or substantiated agreement breaches. Both parties acknowledge U-Crew's determination follows this transparent process. U-Crew will maintain all deposit transaction records for 24 months, available upon request.

The Renter is responsible for ensuring proper, lawful, and intended use of the Item. The Renter warrants that they have the appropriate experience, knowledge, and skills necessary to safely and correctly operate and use the Item. The Renter must not modify, lend, sublet, or use the Item in a way that violates any laws or third-party rights. The Owner warrants the Item is in working order and fit for intended purpose at the start of the Rental Period.

Owners and Renters are responsible for obtaining any insurance they deem necessary in relation to the Item and its use during the Rental Period. Owners are encouraged to obtain appropriate coverage for their Items. The Renter assumes full responsibility and liability for the Item during the Rental Period. U-Crew does not provide insurance or advice regarding insurance requirements and disclaims any liability arising from the Rental Agreement or Item use.

Renters may request a return or refund if the Item is not as described or is defective. Owners must comply with the relevant Cancellation Terms specified in the booking. If a booking is cancelled, amounts collected will be refunded per the Refund and Cancellation Terms specified in the booking. Service Fees are non-refundable.

If the Renter fails to return the Item by the Return Date, this shall constitute a default after 1 day. The Owner may submit a claim for late fees as set out in the Listing or Proposal, which may be deducted from the security deposit. Continued failure to return the Item may result in further action, including legal remedies and involvement of law enforcement if appropriate.

 

"Normal wear and tear" means the natural and gradual deterioration of the Item resulting from ordinary, reasonable use during the Rental Period, and does not include damage caused by misuse, neglect, or accident.

To the maximum extent permitted by law, neither Owner nor Renter shall be liable to the other for any indirect, incidental, or consequential loss or damage arising out of or in connection with the Rental Agreement, except as otherwise provided in these Rental Terms.

Each party (the Indemnifying Party) agrees to indemnify and hold harmless the other party (the Indemnified Party) from and against all claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• The Indemnifying Party's breach of this Agreement.

• Any negligent act or omission by the Indemnifying Party.

• For Renter: damage to the property or injury caused by Renter or their guests.

• For Owner: undisclosed defects or hazardous conditions in the rental property.

Each party must promptly notify the other of any claim for which indemnification is sought and cooperate in the defense of such claim.

Upon default (including but not limited to late return, damage to the Item, or violation of this Agreement), the Owner may submit an Incident Report via the Platform to claim against the security deposit. The Owner may repossess the Item without notice if breached, with the Renter waiving any claims for damages. U-Crew may terminate this Agreement immediately following written notice of default from the Owner. Parties must attempt direct resolution of disputes before requesting U-Crew's assistance. U-Crew will serve as the final arbiter for all disputes based on submitted evidence, with decisions being final and binding. Both parties agree not to pursue claims outside the U-Crew Platform's dispute resolution process. 

In the event of a material breach of these Rental Terms by either party, U-Crew reserves the right to suspend or terminate the Member’s account, withhold any outstanding payments, and take further action as deemed appropriate.

Neither party shall be liable for any failure or delay in performing their obligations under these Rental Terms if such failure or delay results from events beyond their reasonable control, including but not

limited to natural disasters, acts of government, or other unforeseeable events. U-Crew shall have the sole discretion to determine whether a force majeure event has occurred and any decisions made by U-Crew regarding force majeure events shall be final and binding on all parties.

Personal information exchanged between Owner and Renter or provided to U-Crew shall be handled in accordance with U-Crew’s Privacy Policy and applicable laws. The U-Crew Privacy Policy is available on the Platform at www.u-crew.com.au, and outlines how personal information is collected, used, and protected in connection with the sale and purchase of Items.

All agreements and communications relating to the Rental must be conducted via the U-Crew Platform. U-Crew is not responsible for, and will not enforce, any agreements or arrangements made outside the Platform.

Any agreements, payments, or arrangements made outside the U-Crew Platform are strictly prohibited and may result in suspension or termination of access to the Platform for the parties involved.

These Rental Terms are subject to change by U-Crew. Updated versions will be posted on the Platform. Any clause deemed invalid will not affect the remainder of the Rental Terms. Time is of the essence for all obligations.

Owners warrant that any images, descriptions, or other content uploaded to the Platform do not infringe the intellectual property rights of any third party. U-Crew may remove any content that is alleged to infringe such rights.

Nothing in these Rental Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where permitted by law, any liability of the Owners, Renters, or U-Crew arising from a breach of such non-excludable consumer guarantees is limited, at U-Crew’s discretion, to the resupply of the services or the payment of the cost of resupplying the services.

If any provision of these Rental Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions will remain in full force and effect.

These Rental Terms are subject to change by U-Crew. Updated versions will be posted on the Platform. Any clause deemed invalid will not affect the remainder of the Rental Terms. Time is of the essence for all obligations.

• Commission: The fee deducted by U-Crew from the total payment received by the Owner for the rental of an Item. This fee is calculated as a percentage of the total rental amount and is retained by U-Crew as compensation for providing the platform and facilitating the rental transaction

• Incident Report: A formal notification submitted via the U-Crew Platform regarding damage, loss, or late return of an Item.

• Proposal: The offer submitted by the Renter and accepted by the Owner via the U-Crew Platform, specifying the Rental Period and terms.

• Service Fees: The fees charged by U-Crew to the Renter for use of the Platform as set out in the Listing or Proposal.