Platform terms and conditions
Welcome to CoHire! CoHire connects people who have tools and equipment to lend with people who want to hire them.
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the CoHire platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement, which forms a binding contractual agreement between you, the User, and us, Twelve Pixel Pty Ltd (ACN 670 579 432) trading as CoHire (CoHire, we, us or our).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Owners), which sets out additional terms that apply to Owners; and
- 0 (Hirers), which sets out additional terms that apply to Hirers.
If you intend to use the Platform as an Owner, Parts A and B of these terms apply to you. If you intend to use the Platform as a Hirer, Parts A and C of these terms apply to you. If you use the Platform in both capacities, all Parts apply to you.
When we talk about the Services in this agreement, we mean the platform, booking, payment facilitation and support services provided by CoHire via the Platform, which are intended to connect Owners and Hirers of tools and equipment for hire.
Owners may list items on the Platform as individuals (Individual Listings) or in the course of carrying on a business (Business Listings, and an Owner who makes a Business Listing is a Business Owner). The Platform supports hires between individuals, from businesses to individuals and between businesses. Some terms apply differently depending on the type of listing, as set out in Part B and 0.
Part A All Users
1 ELIGIBILITY
This Platform is not intended for use by any person under the age of 18 years, or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are at least 18 years old.
Please do not access the Platform if you are under the age of 18 years, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so. If you are accepting this agreement on behalf of a company, employer, organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement.
2 ACCOUNTS
You may browse listings on the Platform without an Account. You must sign in and create an account (an Account) to create a listing or make a booking.
As part of the Account registration process, you must provide accurate personal information, including your email address, name, phone number, and other information CoHire reasonably requires.
You warrant that any information you give to CoHire in the course of completing the Account registration process, and while you continue to use the Platform, will be accurate, honest, current and complete.
You are responsible for keeping your Account credentials confidential and for all activity conducted through your Account. Do not share your Account with any other person. You must notify us promptly at support@cohire.com.au if you suspect unauthorised access to your Account.
We may suspend, restrict or pause your Account, listings, bookings or payouts where reasonably necessary to protect the Platform, users or third parties, investigate suspected misuse, comply with law, or address a breach of this agreement. Where reasonably practicable, we will give you notice and an opportunity to respond before doing so.
3 VERIFICATION
Hirers must verify their phone number (for example, by SMS code) before making a booking.
Owners must complete identity verification and payout account verification, generally through our payment provider, Stripe, before listing items or receiving payouts.
We may require further checks from any User for the purposes of fraud prevention, safety, legal compliance or platform integrity.
If a required verification step is not completed, fails, or appears unreliable, we may pause the relevant Account's listings, bookings or payouts until it is resolved.
Completing verification does not mean that CoHire endorses, guarantees or vouches for a User, and Users should make their own enquiries about other Users before entering into a hire arrangement.
4 USER OBLIGATIONS
As a User, you must not:
intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User, or distribute unsolicited commercial content, spam or bulk content;
share your Account with any other person or use another User's Account;
use the Platform other than for its intended purpose of listing, browsing, booking and hiring tools and equipment, including by not using the Platform in a manner that is illegal, fraudulent or facilitates illegal or fraudulent activity;
use automated tools, bots or scraping software to access, copy or interact with the Platform, except where we have expressly authorised that use in writing;
attempt to gain unauthorised access to any Account, data or part of the Platform, or interfere with, disrupt or overload the Platform;
upload or communicate material that is unlawful, misleading, deceptive, defamatory, discriminatory or otherwise inappropriate; or
move a booking, payment or communication off the Platform in order to avoid fees, verification, dispute processes or Platform Support - see clause 18 (Messaging and off-Platform conduct).
5 AI-ASSISTED FEATURES
CoHire uses artificial intelligence tools to assist with functions such as suggesting listing content and pricing, and flagging listings for manual review. Clause 9 of Part B sets out how this applies to Owner listings.
Any output generated using an AI tool on the Platform is a suggestion only. It is not a valuation, and not legal, financial or safety advice. CoHire does not guarantee the accuracy of any AI-generated suggestion, and automated systems may make errors.
CoHire may use a combination of automated and human review of listings and other content. CoHire may approve, reject, suspend, remove or require changes to any listing at its reasonable discretion, including where an automated system later identifies an issue.
6 USER CONTENT
You are responsible for all listings, images, descriptions, messages, reviews and other material you upload or publish through the Platform (User Content).
By providing or posting User Content, you represent and warrant that:
you are authorised to provide it;
it is accurate, current and not misleading or deceptive;
it does not infringe any person's intellectual property, privacy or other legal rights;
it is not defamatory, discriminatory, or otherwise unlawful; and
it does not contain viruses or other harmful code.
You retain ownership of your User Content. You grant CoHire a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, display and communicate your User Content to operate, promote and improve the Platform. This licence ends when you remove the relevant User Content, except to the extent it has already been shared with another User, is retained in back-ups, or must be retained by law.
We may remove, disable access to, or require you to amend User Content where we reasonably believe it breaches this agreement, infringes a third party's rights, creates legal or safety risk, or is inaccurate or misleading. Where reasonably practicable, we will give you notice and an opportunity to respond.
7 REVIEWS AND RATINGS
After a completed hire, Users may leave a rating and a written review.
Reviews must be honest, accurate and based on the User's own experience of that booking. Fake, paid, misleading or abusive reviews are not permitted, and any incentive offered for a review must be disclosed in the review.
CoHire may remove or moderate a review where reasonably necessary, including where it breaches this clause or the law. CoHire does not undertake to review every review before or after publication and, to the maximum extent permitted by law, is not responsible for review content.
8 THIRD PARTY CONTENT
The Platform may contain content provided by a third party (Third Party Content). CoHire accepts no responsibility for Third Party Content and makes no representation or warranty about its quality, accuracy, reliability or completeness.
9 THIRD PARTY SERVICES
CoHire uses Stripe to process payments and payouts. Stripe's own terms apply to your use of Stripe's services, and you should read them.
CoHire does not store full card numbers. CoHire and/or Stripe may store payment tokens or references to enable the payment flows described in clauses 4 and 5 of Part C.
Any other service that CoHire relies on to provide the Platform (for example, identity verification or communications tools) may be subject to that provider's own terms, and Users agree to familiarise themselves with those terms where relevant.
If you dispute a payment with your bank or card provider, CoHire may provide relevant booking, payment and dispute evidence to Stripe, payment networks or financial institutions to help resolve that dispute. An improper or fraudulent chargeback may lead CoHire to suspend your Account under clause 22 (Suspension and Termination), and you remain responsible for any amount properly owing under this agreement regardless of the chargeback outcome.
10 OUR ROLE
CoHire operates an online marketplace that facilitates listings, bookings, messaging, payments and a support process between Owners and Hirers (Platform Processes). The actual hire of an item (Hire) is a separate contract formed directly between the
Owner and the Hirer under clause 20 (Binding Contract) of Part B, on the terms of the relevant listing, the booking details, any permitted special conditions, and this agreement.
Unless we expressly state otherwise, CoHire:
is not the owner, supplier, hirer, manufacturer, inspector, mechanic or maintainer of any listed item;
does not inspect, certify, guarantee, endorse, maintain, repair or insure any listed item;
does not guarantee the safety, quality, legality, suitability or availability of any listed item, or the conduct of any User;
is not an agent, employer, partner or joint venturer of any User; and
is not a party to, and does not guarantee the performance or outcome of, the Hire contract between an Owner and a Hirer, or the recovery of any money or resolution of any dispute between them.
The Platform is a booking and payment platform, not a shop, rental yard, or delivery provider. CoHire does not itself provide delivery of items unless expressly stated on the Platform for a particular listing.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law (ACL).
11 SERVICE LIMITATIONS
The Platform is made available on an “as available” basis. Without limiting clause 19 (Liability), CoHire does not represent or guarantee that the Platform will be uninterrupted, secure, error-free, or that messages or information communicated through it will be accurate or delivered promptly.
12 INTELLECTUAL PROPERTY
CoHire retains ownership of all materials developed or provided in connection with the Platform (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of Platform Content solely to view it. You must not otherwise reproduce, adapt, distribute or publish Platform Content without CoHire's prior written consent or as permitted by law.
In this clause, Intellectual Property Rights means all copyright, trade mark, design, patent and other proprietary rights, whether registered or unregistered, in Australia or elsewhere.
13 DISPUTES BETWEEN USERS
If you have a complaint about another User, you should first try to resolve it directly with that User, including through Platform messaging.
If the dispute is not resolved, either User may raise it through the Platform's dispute process. CoHire may request evidence, facilitate a resolution, and make a determination for the purposes of the Platform, payments and Owner Platform Support, including in accordance with clause 12 of Part C and clause 17 of Part B.
CoHire is not required to resolve disputes between Users, and any decision CoHire makes for platform, payment or support purposes does not bind a User's legal rights, including rights under the ACL. Users may pursue other lawful remedies at any time.
14 SECURITY
CoHire takes reasonable steps to protect the Platform. You are responsible for using appropriate security measures when accessing the Platform, including protecting your Account credentials and devices. To the maximum extent permitted by law, CoHire is not liable for loss or damage to your devices, software or data arising from your use of the Platform, except to the extent caused by CoHire's failure to exercise reasonable care and skill.
15 CONFIDENTIALITY
You must keep confidential, and not disclose to any third party, any non-public information you obtain about CoHire or about other Users through your use of the Platform, other than as needed to complete a Hire or as required by law.
16 PRIVACY
CoHire handles personal information in accordance with its Privacy Policy, available at https://cohire.com.au/privacy-policy. Our collection, use, storage and disclosure of your personal information - including information collected for identity verification, AI-assisted features, payments, messaging, disputes and reviews - is described in that policy.
17 AVAILABILITY
We aim to keep the Platform operating reliably but do not guarantee it will always be available, uninterrupted or error-free. We may pause access for maintenance, security or other reasonable operational needs.
Except where the ACL or other mandatory law provides otherwise, CoHire is not liable for delay or failure caused by an event outside its reasonable control, including natural disaster, internet or power failure, or failure of a third-party service that CoHire relies on (such as Stripe).
18 MESSAGING AND OFF-PLATFORM CONDUCT
Correspondence between Users should take place on the Platform. Please keep messages and payments on the Platform (other than an Owner-Collected Bond disclosed in accordance with clause 23 of Part B) so that CoHire's payment security, dispute process and Owner Platform Support can apply.
CoHire's payment protections, dispute assistance and Owner Platform Support under this agreement apply only to bookings made and paid for through the Platform. They do not apply to a Hire arranged or paid for wholly outside the Platform.
You must not solicit or arrange a Hire outside the Platform in order to avoid fees, verification or these terms. Serious or repeated breaches of this clause may lead CoHire to suspend or close your Account, in accordance with clause 22 (Suspension and Termination).
19 LIABILITY
Nothing in this agreement excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified, including under the ACL.
Subject to clause 19(a), and to the maximum extent permitted by law, CoHire is not liable for loss arising from:
the condition, safety, legality or suitability of a listed item;
the accuracy of a listing;
the conduct of a User;
injury, death or property damage arising from the use of a listed item;
an arrangement made wholly outside the Platform;
an unsuccessful recovery from a Hirer; or
the acts or omissions of Stripe or another third-party provider;
except to the extent caused by CoHire’s negligence, breach of this agreement or unlawful conduct.
Subject to clause 19(a):
neither party is liable to the other for indirect or consequential loss, or loss of profit, revenue, opportunity or goodwill, arising out of or in connection with the Platform or this agreement; and
CoHire's total liability to you arising out of or in connection with the Platform or this agreement is limited to the total fees paid by you to CoHire in the 12 months before the event giving rise to the claim.
If a third party makes a claim against CoHire relating to an item listed or hired through the Platform, the Owner and/or Hirer involved in that listing or booking must, to the extent permitted by law, indemnify CoHire for reasonable losses and costs arising from that claim, except to the extent caused by CoHire's own wrongful act or omission. This does not make CoHire responsible for paying a third party claim on a User's behalf.
To the extent permitted by law, you indemnify CoHire against reasonable losses, costs, claims and expenses suffered or incurred by CoHire arising from your breach of this agreement, your unlawful or negligent use of the Platform, your User Content, or your listing, hiring, possession, use, misuse, loss, damage, non-return or supply of an item through the Platform, except to the extent caused or contributed to by CoHire's negligence, breach of this agreement or unlawful conduct. Nothing in this clause requires you to indemnify CoHire for a loss that the ACL or other law does not allow to be passed on to a consumer.
20 RECORDS
To the extent permitted by law, CoHire may keep records of transactions and communications made through the Platform between Users (including messages, booking records, reviews and verification records) for administrative and evidentiary purposes, including in connection with a dispute.
21 NOTICES
A notice under this agreement must be in writing and in English, and delivered by email to the other party's nominated email address.
Unless the sender knows or reasonably ought to suspect the email was not delivered, notice is taken to be given 24 hours after the email was sent (or the next business day, if that falls on a weekend or public holiday in New South Wales), or when replied to by the recipient, whichever is earlier.
22 SUSPENSION AND TERMINATION
You may stop using the Platform, or close your Account, at any time.
CoHire may suspend, restrict or terminate a User's Account, listings, bookings or payouts where reasonably necessary to protect the Platform, other Users or third parties, including for:
breach of this agreement, unsafe or prohibited listings, or suspected stolen goods;
fraud, chargebacks, failed payment, or repeated payment issues;
harassment, off-Platform payment or communication in breach of clause 18, or repeated disputes or late returns; or
verification failure, or a safety, legal or compliance risk.
Where reasonably practicable, CoHire will give the User notice and an opportunity to respond before taking action under clause 22(b). CoHire will act fairly and only to the extent reasonably necessary in the circumstances.
On termination, the User's access to Account-only features ceases. Provisions of this agreement that by their nature should survive termination (including intellectual property, liability, indemnity, disputes, and fees already accrued) continue to apply.
23 CHANGES TO THESE TERMS
CoHire may update this agreement from time to time. We will publish the updated version with a new “last updated” date and, where a change is material, will use reasonable endeavours to notify Users in advance.
Changes apply prospectively. A booking that is already confirmed is generally governed by the terms in place when it was confirmed, unless the law requires otherwise. A change to a fee applies only to bookings made after the change takes effect, and will be shown before you confirm a booking or payment.
Continuing to use the Platform after an update takes effect constitutes your acceptance of it, except where the ACL or other mandatory law provides otherwise.
24 GENERAL
24.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them, without limiting a User's right to use another forum available to them by law (for example, a tribunal).
24.2 WAIVER
No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting it.
24.3 SEVERANCE
Any term of this agreement that is wholly or partly void or unenforceable is severed to that extent, without affecting the enforceability of the remainder.
24.4 ASSIGNMENT
A party must not assign, novate or otherwise transfer its rights or obligations under this agreement without the other party's prior written consent, except that CoHire may do so in connection with a genuine restructure, sale or transfer of its business.
24.5 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs in connection with this agreement.
24.6 ENTIRE AGREEMENT
This agreement, together with the policies it refers to, is the entire agreement between the parties about the Platform and supersedes any prior understanding on the same subject.
24.7 INTERPRETATION
Headings are for convenience only. A reference to “includes” is not a word of limitation. A reference to “$” or “dollar” is to Australian currency. No provision of this agreement is interpreted against a party only because that party prepared it.
Part B Owners
1 ELIGIBILITY
You must complete Owner identity and payout verification (generally through Stripe) before a listing can be published or before you can receive a payout.
If a listed item requires a licence, permit or qualification to be lawfully hired or used, you must ensure that any such requirement applicable to you as Owner is met, and disclose applicable requirements for the Hirer in the listing.
2 LISTING YOUR ITEM
Listing an item is free.
To create a listing, you upload one or more photos of the item. CoHire's AI tool will suggest a title, description and price based on your photos and any information you provide. You may edit any AI-generated suggestion before publishing, and you remain solely responsible for the accuracy, legality and safety of your listing's final content, whether or not you edit the AI suggestion. See clause 9 (AI-Assisted Listings and Moderation).
You set the daily hire price, any multi-day or additional-day pricing, quantity available, pickup location, whether delivery is offered (and, if so, the delivery radius and fee), and an estimated second-hand market value for the item.
Before publishing, you must confirm that the item is safe, working, legally owned (or that you otherwise have the right to rent it out), and accurately described.
You accept this agreement before your first listing is published.
A listing is automatically published once you complete it, unless CoHire's AI moderation tool flags it for admin review under clause 9. CoHire may decline to publish, or may later suspend or remove, a listing that does not meet this agreement or the law.
You may edit your listing's price, availability, pickup location and delivery settings at any time before a booking is confirmed. Once a booking is confirmed, you must honour the confirmed terms unless a cancellation right applies under clause 13 (Cancellations - Owners) or clauses 6 or 7 of Part C.
3 SPECIAL CONDITIONS
You may add reasonable special conditions to your listing where the Platform allows (for example, that the item must be returned clean). Special conditions will be displayed on the listing so that Hirers can see them before booking. A special condition must not be inconsistent with, and does not override, this agreement, including CoHire's payment rules, cancellation policy, safety requirements, dispute process, Platform Support rules, or any right or remedy under the ACL that cannot be excluded.
4 ITEM VALUE CAP
You must not list an item with a value (as reasonably assessed, having regard to your declared estimated second-hand market value) above AUD $1,000, unless CoHire has approved the listing in writing. CoHire may give or refuse approval at its discretion and may approve a listing subject to conditions. If you are a Business Owner, you may only list an item above AUD $1,000 if CoHire has approved it in writing and you hold appropriate insurance for that item in accordance with clause 22.
5 PROHIBITED AND RESTRICTED ITEMS
You must not list, and CoHire may remove or refuse to publish a listing for:
a stolen item, or an item you do not own or are not lawfully entitled to rent out;
weapons, ammunition, explosives, illegal substances, or counterfeit goods;
an item subject to an unaddressed safety recall, or an item that is otherwise unsafe;
an item that requires a licence, permit, qualification or other legal authorisation to hire, supply or use, unless those requirements are clearly disclosed in the listing and are complied with by the relevant User before handover;
a registered motor vehicle, motorbike, trailer, caravan, or motorised boat; ride- on machinery such as forklifts, excavators or skid steers;
chainsaws, scaffolding, elevating work platforms, welding or oxy-fuel equipment, pressure vessels, hazardous chemicals, or asbestos, biohazard, medical or life-support items;
food, live animals, cash, gift cards or securities; or
a services-only listing with no physical item to hire.
CoHire may require admin approval before publication of a listing in a higher-risk category, which may include high-injury power tools, ladders over 3 metres, demolition or large compressor equipment, gas-connected BBQs or commercial catering equipment, large inflatables, e-bikes, e-scooters or drones, and items near the value cap in clause 4.
6 OWNER WARRANTIES
By listing an item, you represent and warrant that:
you own the item, or otherwise have the right to rent it out;
the item is safe, clean, working, lawful to hire, and accurately described in the listing;
you have disclosed any known defect, hazard, limitation, or applicable licence, PPE or safety requirement;
the item is not stolen, counterfeit, subject to an unaddressed recall, unsafe, or illegal to hire;
you will maintain the item appropriately for the duration it is listed; and
you will comply with applicable product safety, consumer law, electrical safety, work health and safety, and licensing or permit requirements relevant to the item.
7 PRICING, PICKUP AND DELIVERY
You are responsible for the accuracy of your pricing and availability. Any AI-suggested price is a suggestion only and is not a valuation, and not financial or legal advice.
The price shown to the Hirer at checkout applies to that booking. You must honour a confirmed booking's terms unless a cancellation right applies.
If you offer delivery, delivery is provided by you, not CoHire, and your delivery fees and terms must be disclosed on the listing before booking.
8 VERIFICATION AND PAYOUTS
You must complete identity and payout verification through Stripe before you can receive a payout. CoHire may pause a payout where verification is incomplete, fails, or appears unreliable.
9 AI-ASSISTED LISTINGS AND MODERATION
CoHire's AI tool may suggest a listing's title, description and price, and may assess whether a listing should be automatically published or referred for admin review, and whether an item appears potentially unsafe or high-risk.
Any AI-generated suggestion is a suggestion only. You must review and approve the final listing content before publishing, and you remain solely responsible for the accuracy, pricing, legality and safety of your listing.
AI-generated pricing is not a valuation, and not legal, financial or insurance advice, and does not guarantee the item's market value.
CoHire may use automated and/or human review of listings at any stage, and may approve, reject, suspend, remove or require changes to a listing. Publication of a listing does not mean CoHire has inspected, certified, endorsed or guaranteed the item.
Automated systems may make errors. CoHire may later review, and if necessary remove or amend, a listing that an automated system initially approved.
10 FEES
Listing an item is free. CoHire charges fees only on bookings made and paid for through the Platform.
CoHire deducts a success fee (Success Fee) from your payout for each completed booking, calculated on the rental amount for that booking (excluding any delivery fee you separately charged). The Success Fee may vary depending on the applicable tier or account type (for example, whether you are a Business Owner), and is the fee shown on the Platform or otherwise agreed with you in writing before the booking.
Fees are shown to you before you publish a listing and before a booking is confirmed. A change to the Success Fee applies only to bookings made after the change takes effect.
Amounts are in AUD and are GST-inclusive where GST applies, unless stated otherwise.
11 PAYMENTS AND PAYOUTS
Payments and payouts are processed through Stripe. Stripe's own terms (available here) apply in addition to this agreement.
Once a Hirer's payment for a booking is captured, your payout (less the Success Fee) becomes eligible for release to your connected Stripe account, subject to this agreement, your payout verification being complete, and any applicable Stripe processing requirements.
CoHire does not promise an exact payout date. Timing may be affected by Stripe, your bank, disputes, chargebacks or compliance checks.
CoHire may delay or withhold a payout where reasonably necessary to investigate fraud, a dispute, a chargeback, a compliance issue, or an incorrect amount, and will explain the reason for a hold where it reasonably can.
CoHire does not use security deposits or a credit-card hold for the full replacement value of an item. Recovery for damage, loss or non-return is instead addressed under clause 15 (Damage, Loss and Non-Return). If you collect your own bond, clause 23 applies.
You should not hand over an item to a Hirer unless the Platform shows that the booking is confirmed and the required payment authorisation has been successful.
12 RETURN AND INSPECTION
On expiry of the agreed hire period, the Hirer must return the item to you in the same condition as when it was hired, fair wear and tear excepted.
You should inspect the item promptly on return and take photos or video at both pickup and return using the Platform's in-app timestamped photo and video tool. Please raise any issue with the Hirer, and through the Platform's dispute tool, within 48 hours of the return date.
13 CANCELLATIONS - OWNERS
If you cancel a confirmed booking, the Hirer is entitled to a full refund of amounts paid for that booking, and CoHire may take this into account, together with the frequency of Owner cancellations, under clause 22 of Part A (Suspension and Termination).
CoHire has no liability to you for a Hirer's cancellation made in accordance with clause 6 of Part C, other than to pay you any late-cancellation amount collected under that clause, less the applicable CoHire fees.
14 DECLARED VALUE
The estimated second-hand market value you declare for an item (Declared Value) is a reference figure only. It is not insurance, not a guaranteed payout, and not the automatic amount CoHire will charge a Hirer or pay you if something goes wrong.
If a claim is made under clause 15 or clause 16, CoHire assesses the fair second-hand market value of the item using the evidence available, which may be less than, equal to, or (rarely) more than your Declared Value. CoHire may disregard a Declared Value that appears inflated or inconsistent with the available evidence.
15 DAMAGE, LOSS AND NON-RETURN
If an item is damaged, lost, stolen or not returned, CoHire will assess the claim based on the evidence available (which may include pickup and return photos, messages, receipts, repair quotes, and comparable second-hand listings) and the fair second-hand market value of the item, having regard to, but not being bound by, your Declared Value under clause 14.
Where CoHire determines an amount is properly owed by the Hirer, CoHire may seek to charge the Hirer's saved payment method for that amount, subject to clause 5 of Part C (Saved Payment Methods) and the law. This is not a guarantee of recovery.
Title to the item does not transfer to the Hirer merely because the Hirer pays an amount assessed as the item's fair second-hand market value. Title only transfers where you and the Hirer agree, or where CoHire determines, for the purposes of the Platform and this clause only, that the item is a total loss and you have been compensated the assessed fair second-hand market value - and even then, this is subject to any third-party rights and to the law.
16 LATE RETURN
If the Hirer returns an item late, CoHire may charge the Hirer's saved payment method for reasonable additional rent based on the daily rate shown for the booking, and for any other reasonable, evidenced and reasonably foreseeable loss caused by the late return, provided any applicable late fee or charging basis was disclosed before booking. Late fees must not operate as a penalty.
17 OWNER PLATFORM SUPPORT (LIMITED AND DISCRETIONARY)
CoHire is not an insurer. CoHire may, at its discretion, offer limited Platform support to a qualifying Owner of an Individual Listing where CoHire has been unable to recover an amount from a Hirer under clause 15 or clause 16 (Platform Support). Platform Support is not insurance, a guarantee, a warranty, cover or a protection plan, and none of those words describe it.
Platform Support may be provided only where, in CoHire's reasonable assessment:
the booking was made and paid for through the Platform;
the item was a permitted Individual Listing within the value cap in clause 4 (or above that cap with CoHire's written approval);
you complied with this agreement, including your warranties in clause 6;
the required evidence was provided within the applicable timeframe under clause 12;
recovery from the Hirer was attempted and was unsuccessful or incomplete; and
CoHire decides, acting reasonably and having regard to the available evidence, to provide Platform Support for that claim.
Platform Support is not available for:
a booking made or paid for wholly outside the Platform;
a Business Listing (see clause 22), or a booking for which an Owner-Collected Bond was taken (see clause 23);
a prohibited or restricted item listed without required approval; an item above the value cap that CoHire has not approved in writing;
a defect the Owner knew of and did not disclose;
ordinary wear and tear;
a claim with insufficient evidence;
Owner fraud or misrepresentation;
consequential loss, lost income or sentimental value; or
personal injury, third-party property damage, or fines and penalties.
Any Platform Support paid will not exceed the unrecovered amount of the relevant claim and, in any event, will not exceed the lesser of the following, as applicable:
the assessed fair second-hand market value of the item;
the reasonable cost of repair;
your accepted Declared Value;
any Platform Support cap published on the Platform; and
AUD $1,000.
If CoHire provides Platform Support, you must cooperate with CoHire's ongoing recovery efforts against the Hirer, and CoHire may pursue that recovery, charge the Hirer's saved payment method where authorised, and require you to assign to CoHire, to the extent of the Platform Support paid, your right to recover the equivalent amount from the Hirer. CoHire may retain any amount later recovered from the Hirer up to the amount of Platform Support paid to you.
18 INSURANCE
CoHire may hold its own business insurance policies. Any insurance CoHire holds does not create any right for, or extend to, Users, and does not insure any listed item.
CoHire does not provide insurance to Owners or Hirers. Platform Support under clause 17 is not insurance. You should obtain your own insurance for your item and your activities on the Platform if you want broader protection. If you are a Business Owner, you must hold insurance as required by clause 22.
19 BYPASSING
While you are an Owner on the Platform, and for 12 months after your last contact or booking with the relevant Hirer through the Platform, you must not directly or indirectly solicit business from that Hirer for the purpose of avoiding CoHire's fees.
20 BINDING CONTRACT
When a Hirer submits a booking request, this is the Hirer's offer to enter into a Hire contract with you on the terms of your listing and the booking details.
A Hire contract forms between you and the Hirer when you accept the booking request, or, where instant-book functionality is enabled for your listing, when the booking is automatically confirmed in accordance with the Platform's instant book process.
The Hire contract is between you and the Hirer. CoHire is not a party to it and, except as expressly stated in this agreement (including clauses 15 to 17), is not responsible for either party's performance of it.
21 OWNER INDEMNITY
In addition to clause 19(f) of Part A, and to the extent permitted by law, you indemnify CoHire against reasonable losses, costs, claims and expenses suffered or incurred by CoHire arising from:
an unsafe, defective, illegal or misleadingly described item;
a lack of ownership of, or authority to rent out, an item;
an undisclosed defect or hazard; a breach of an applicable product safety or work health and safety obligation; or
your tax or GST non-compliance, except to the extent caused or contributed to by CoHire's negligence, breach of this agreement or unlawful conduct.
22 BUSINESS LISTINGS
This clause applies if you are a Business Owner. CoHire supports bookings from Business Owners to individual Hirers and to business Hirers. For Business Listings, CoHire acts mainly as a booking and payment platform.
You must hold and maintain, at your own cost, appropriate insurance covering damage to, and loss, theft, non-return and late return of, the items you list, and must give CoHire evidence of that insurance on request. If CoHire approves a Business Listing for an item above AUD $1,000 under clause 4, your insurance must cover that item.
Platform Support under clause 17 does not apply to Business Listings.
For Business Listings, CoHire will assist with payment related issues, collect late return fees under clause 16 where applicable, and assist with disputes in accordance with clause 13 of Part A. CoHire may, but is not required to, assess a claim or charge a Hirer under clause 15. Otherwise, you are responsible for recovering any amount for damage, loss, theft or non-return, whether through your own insurance or directly from the Hirer.
You are responsible for complying with the obligations that apply to you as a supplier of goods for hire, including the consumer guarantees under the ACL where a Hirer is a consumer.
23 OWNER-COLLECTED BONDS
This clause applies if you are the Owner of an Individual Listing and you collect a bond, security deposit or similar amount directly from the Hirer, rather than through the Platform (an Owner-Collected Bond).
You must clearly disclose the amount of the Owner-Collected Bond, and the conditions on which it will be applied or refunded, in the listing before a booking is made. You are responsible for holding, applying and refunding the Owner-Collected Bond fairly, lawfully and in accordance with the listing.
Platform Support under clause 17 does not apply to that booking for damage, loss, theft, non-return or late return. You are responsible for managing those matters directly with the Hirer, and CoHire is not required to assess a claim or charge the Hirer under clause 15 or clause 16 for that booking.
CoHire will still process the rental payment for the booking through the Platform and may assist with payment-related issues. CoHire is not responsible for an Owner-Collected Bond, including its refund.
Part C Hirers
1 ELIGIBILITY AND VERIFICATION
You must verify your phone number before making a booking.
If a listed item requires a licence, permit or qualification to use lawfully, you must hold that licence, permit or qualification before the booking is confirmed, and must provide evidence of it if the Owner or CoHire reasonably requests it.
2 BROWSING AND BOOKING
You may browse listings without an Account. You must sign in and create an Account, and complete phone verification under clause 1, to make a booking request.
You submit a booking request specifying the dates and any other details the Platform requires. The Owner may accept or decline your request, unless the listing has instant- book enabled, in which case a booking may confirm automatically once you meet the requirements shown on the listing (including adding a valid payment method).
A Hire contract forms in accordance with clause 20 of Part B.
3 FEES
CoHire charges a service fee (Service Fee) on each booking, calculated on the rental amount. The Service Fee may vary depending on the applicable tier or account type, and is the fee shown on the Platform or otherwise agreed in writing before you confirm the booking.
Amounts are in AUD and are GST-inclusive where GST applies, unless stated otherwise. A change to the Service Fee applies only to bookings made after the change takes effect, and will be shown before you confirm a booking.
4 PAYMENTS AND STRIPE
CoHire uses Stripe to process payments. Stripe's own terms apply to your use of Stripe's services.
Once the Owner accepts your booking request (or, for an instant-book listing, once the booking is confirmed), you must add or confirm a valid payment method to complete checkout. By doing so, you authorise CoHire and Stripe to hold, and later charge, that payment method as described in this clause and clause 5 (Saved Payment Methods).
CoHire (through Stripe) places an authorisation hold on your payment method generally about 2 days before the hire starts or, if the booking is made less than 2 days before the hire starts, on the day the booking is made. CoHire generally captures (charges) the payment after the hire is completed, but may capture earlier where reasonably necessary because an authorisation is about to expire, or because of a risk, dispute, compliance or platform-mechanics reason.
If a payment attempt fails, CoHire may retry it. If payment is not successfully authorised, CoHire may cancel the booking.
5 SAVED PAYMENT METHODS
By completing checkout, you authorise CoHire and Stripe to store a reference to your payment method for the booking and for later authorised charges described in this agreement (including damage, loss or non-return amounts under clause 15 of Part B, late fees under clause 16 of Part B, and cancellation fees under clause 6 of this Part C).
You must maintain a valid payment method while you have an active booking. You may not be able to remove a payment method while you have an active booking, an unresolved dispute, or an unpaid or pending authorised amount. You may remove a payment method once that booking, dispute or amount has been finalised.
Where CoHire proposes to charge an additional amount under this clause, it will, where reasonably practicable, give you prior notice and a reasonable opportunity to respond before doing so, except where urgency (for example, an expiring authorisation) makes this impracticable.
6 CANCELLATIONS - HIRERS
You may cancel free of charge up to 24 hours before the rental start time.
If you cancel within 24 hours of the rental start time, CoHire may charge your saved payment method an amount equal to 50% of one day's rental amount, as a reasonable pre-estimate of the administrative loss and lost booking opportunity this causes. This is not a penalty. CoHire will pay that amount to the Owner, less the applicable CoHire fees.
The Service Fee under clause 3 is non-refundable on a late cancellation under clause 6(b), to the extent this is disclosed to you before you confirm the booking and before you confirm the cancellation.
7 OTHER CANCELLATION SCENARIOS
If the Owner cancels a confirmed booking, you are entitled to a full refund of amounts you paid for that booking.
If the item is not made available as agreed, or is materially different from its listing, or is unsafe or defective, and you can show this, including using Platform records where available, you are entitled to a refund and/or other remedy available under the ACL.
If you do not collect the item and do not respond to reasonable attempts by the Owner to contact you, this may be treated as a late cancellation under clause 6, or, if you are more than a reasonable time late, as a no-show, and CoHire may apply the charges in clause 6 accordingly.
8 HIRER RESPONSIBILITY FOR THE ITEM
You are responsible for the item from pickup or delivery until it is returned to the Owner.
You must:
use the item safely, carefully and lawfully, and only for its intended purpose;
follow the Owner's and manufacturer's instructions and any applicable safety, PPE or licensing requirements;
keep the item secure; and
not modify, misuse, sub-hire, sell, pledge, abandon or dispose of the item.
You must return the item on time, in substantially the same condition as when you received it, fair wear and tear excepted.
9 EVIDENCE
You should take photos or video, using the Platform's in-app timestamped photo and video tool, of the item at pickup and return. This helps CoHire assess a claim fairly under clause 15 or 16 of Part B, and a lack of evidence from either party may affect the outcome of an assessment. CoHire may give greater weight to photos and video captured through the Platform than to evidence captured outside it.
10 DAMAGE, LOSS AND NON-RETURN
If the item is damaged, lost, stolen or not returned during your responsibility under clause 8, you are liable for the reasonable repair cost, or, if the item is lost, stolen, not returned or a total loss, the assessed fair second-hand market value of the item, as assessed under clause 14 and clause 15 of Part B.
CoHire may seek to charge your saved payment method for an amount properly assessed as owing under this clause, in accordance with clause 5 (Saved Payment Methods) and the law. This does not guarantee that the Owner will recover the full amount, or any amount.
11 LATE RETURN
You must return the item at the agreed time and place. If you will be late, please tell the Owner as soon as possible.
If you return the item late, you may be charged reasonable additional rent based on the daily or period rate shown for your booking, and any other reasonable, evidenced and reasonably foreseeable loss caused by the late return, provided any applicable late fee or charging basis was disclosed before booking.
12 DISPUTES AND ADDITIONAL CHARGES
If you disagree with an amount CoHire proposes to charge under clause 10 or clause 11, you may raise a dispute through the Platform. CoHire will consider the evidence provided by both you and the Owner and may facilitate a resolution or make a determination for platform and payment purposes, in accordance with clause 13 of Part A. This does not affect your rights under the ACL or other law.
13 REVIEWS
After a completed hire, you may leave a rating and review of the Owner in accordance with clause 7 of Part A.
14 INSURANCE
CoHire does not insure you, the Owner, or any listed item. See clause 18 of Part B.
15 HIRER INDEMNITY
In addition to clause 19(f) of Part A, and to the extent permitted by law, you indemnify CoHire against reasonable losses, costs, claims and expenses suffered or incurred by CoHire arising from your misuse, negligent or unlawful use of an item; damage, loss, theft or non-return of an item; unauthorised sale, sub-hire or disposal of an item; late return; or breach of an applicable licence or permit requirement, except to the extent caused or contributed to by CoHire's negligence, breach of this agreement or unlawful conduct.
16 BUSINESS LISTINGS AND OWNER-COLLECTED BONDS
If you book a Business Listing, CoHire acts mainly as a booking and payment platform. The Business Owner may deal with any damage, loss, theft or non-return directly with you or through its insurer, and you remain responsible for the item under clauses 8 and 10.
If the Owner collects a bond directly from you, the bond is held by the Owner and not by CoHire. The Owner is responsible for applying and refunding it in accordance with the listing and the law, and any issue about damage, loss, theft, non-return or late return for that booking is to be resolved directly between you and the Owner. CoHire is not responsible for refunding the bond.