Website and Application Terms of Use

Last updated: March 2023

Just Lendit Pty Ltd (ACN 656 604 376), trading as Kuui (ABN 75 656 604 376) (Kuui, Our, Us or
We) owns and operates the website located at www.kuui.com.au (Website), and the Application
Service (Application). Access to and use of the Website and the Application and the services
available through the Website and the Application (collectively Services) are subject to the following
terms, conditions and notices (Terms of Use). By using the Services, you (You) are agreeing to all
of the Terms of Use, as may be updated by us from time to time. You should check this page
regularly to take notice of any changes we may have made to the Terms of Use.
In these Terms of Use, we use following definitions:
(a) Borrow means to take temporary possession, but not ownership, of a resource (goods or places,
not people) from another party either for consideration or for no consideration and these Terms of
Use include hire, lease and rent. Borrower is the one who borrows and it includes the hiree or
lessee of resources that are goods or places.
(b) Hire, Lease, Rent or Let means to engage the temporary use of goods or places for
consideration.
(c) Hire Services In means to benefit from services performed by one party in exchange for money
or another service.
(d) Hire Services Out means to perform a service for the benefit of another party in exchange for
money or another service.
(e) Lend means to give the temporary possession, but not ownership, of a resource (goods or
places, not people) to another party either for consideration or for no consideration and in these
Terms of Useincludes to let, to lease, to rent out, and to hire out. Lender is the one who lends
(includes owner or agent), also referred to as hirer of resources that are goods or places.
(f) Listing means a record of a resource on the Website and/or the Application.
(g) Member means a registered Member of Kuui, including individuals, groups, businesses, or other
organisations.
(h) Public Listing means a record which a member allows some or all other members to view, and
to ‘publicly list’ refers to the act of a member creating this type of listing;
(i) Resource or Resources means goods, places, or services that may be booked and lent,
borrowed or hired through the Website and/ or the Application.

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(j) Our Services means any one or more of the services offered by Kuui from time to time, including
an on line hiring, renting, and lending marketplace, an online booking system, and any other
service that we may offer.
(k) Transaction means the lending, borrowing or hiring of any resource using our Services.
(l) Website and Application means the Kuui Website and our Application through which our
services are offered, and includes any other channels through which our services may be
provided.
(m) You or Your means the user of the Kuui website or our Application as an individual or as an
organisation agreeing to these Terms of Usewhen becoming a member.

1. The Services
Kuui provides an Application web-based system, acting as a P2P hire marketplace for You (Kuui
Platform). The Kuui Platform offers a range of Services to You, including but not limited to, providing
a gateway allowing you to manage lending, borrowing, renting and hiring transactions with other
people or organisations, to connect local lenders and borrowers, forming a sustainable sharing
economy that allows Australians to hire out anything they own, even car, caravan storage spaces.
By agreeing to use the Services, You acknowledge and agree:
(a) that You assume responsibility and risks for your use of the Services. Although the Services are
offered to the general public, it is selective to offer clients who are only in mutual respect and
suitability;
(b) that transactions between you and another person or organisation will however create rights and
obligations between you and the other party. We are not a part of the lending, borrowing, renting
or hiring arrangements between you and other parties;
(c) that Kuui reserves the right to decline or discontinue the Services at its sole discretion;
(d) that Kuui is entitled to prohibit You from using the Kuui Platform for a period of time or
permanently by reason of your breach of this Terms of Use or any other related agreement
between You and Kuui;
(e) the appearance and use of any explicit content, including but not limited to picture, photograph,
film, music, digital image, drawing, visual representation, language and description on the
Website and/or the Application;
(f) that Kuui neither endorses nor approves or is responsible for any content provided by its third-
party providers outside the Kuui Platform.
2. Membership

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(a) Registering as a Member
Registering as a Member is free. All You need to do is complete the online registration process.
Anyone over the age of 18 can become a member, unless to do so would breach any law or
regulation applicable to You where You reside.
(b) You must give us accurate information about yourself:
When you register as a Member, you must provide Us with complete, accurate and current
personal information. If You are registering on behalf of a club, group, or other organisation, You
must provide us complete, accurate and current information about that club, group or
organisation as required, and must provide the accurate details of the person representing the
organisation.
You must maintain and update Your personal/organisational information held by Us to ensure it
is kept current at all times. You must not register as a Member under multiple identities or
personas (whether false or not). We may phone or email You to verify these details.
(c) We can terminate, suspend, or otherwise limit Your membership at any time:
We reserve the right to decline to register or to terminate Your membership at any time. For
example, but without limitation, We may terminate Your membership if we receive significant
complaints about You from other members, if you breach these Terms of Use, or in exceptional
circumstances if we, at our sole discretion, deem your behaviour to be unacceptable.
(d) You must keep your login information secure:
You are responsible for keeping Your login information, including your email address and
password, secret and secure. If any person obtains information that allows that person to gain
access to your membership, You will be responsible for that person’s actions.
3. Role of Users
As a Lender
(a) User registers for a free account (Lenders cannot progress without ID verification);
(b) You link with Stripe for payments as a Lender;
(c) Adding listings to your profile;
(d) Lenders will customise hire contracts for their items and have the option to take out insurance.
As a Borrower
(a) User registers for a free account (you will not be allowed to borrow without ID verification);

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(b) You can search on the home page with keywords, dates needed and location;
(c) You can book or enquire for the selected dates (agreeing to Lenders terms and conditions);
(d) You can make a simple online payment.
4. Rules for Members
(a) You will only publicly list resources that may be legally lent, borrowed or hired.
Any resource that You can legally own you may list on the Website and/or the Application; or any
service that can be legally performed may be listed on the Website and/or the Application.
You will only publicly list resources that may be legally lent, borrowed or hired. We have created
a list of resources that must not be publicly listed and we have created a list of resources which
the lending, borrowing and hiring of are restricted in Australia. This list is attached as Schedule
1. If You reside in Australia you will not publicly list, seek to lend, borrow or hire, make available
to lend, borrow or hire a banned resource and will only publicly list, lend, borrow or hire, or seek
to lend, borrow or hire a restricted resource if Your resource meets the requirements set out in
Schedule 1. This list may be similar to resources that are banned or are restricted in the country
in which You are located. You must check with relevant authorities in Your country to ensure that
You do not list resources that You are not legally entitled to lend, borrow or hire.
(b) You will not list any illegal resources.
Any resource which You cannot legally possess or any services that You cannot legally perform
must not be listed on the Website and/or the Application in any form.
(c) We may, at Our sole discretion, remove or delist resources.
We reserve the right to remove any listing which We deem inappropriate or in breach of these
Terms of Use.
(d) You must not actively seek to bypass Our commission.
If you list a resource on the Website and/or the Application, to lend, borrow or hire, You should
do so honestly and in good faith. As between You and Us this means You must not lend, borrow
or hire a resource for consideration outside Our processes or otherwise seek to actively avoid
Our commission. Attempts by You to avoid Our commission may result in us suspending or
terminating Your membership at our sole discretion.
You must respond to all hire enquiries in a timely manner. You may contact the
borrower/customer via phone or via the email/notes facilities provided on all hire enquiries,
however You must update the job pricing and other details and submit this back to the customer.
(e) You must not provide Your contact details.

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You shall not list your email address, phone number or any other contact details within the
description of resources You have listed or in Your member profile. Such details may only be
provided when you make an arrangement to lend, borrow or hire a resource in order to facilitate
the safe and expedient commencement and completion of any loans.
(f) We will not resolve disputes between Members.
As we are not a party to any transaction between You and another member, You agree not to
involve, or attempt to involve, Us in any dispute or in the resolution of disputes that arise between
You and another member as a result of the use of Our services.
(g) Your listing must not link or promote other businesses or websites.
Your listing may contain a link/URL to another website that contains further information on the
resource You have listed, but it must not offer to lend, borrow or hire those resources or contain
your contact details or the contact details of anyone You may be representing or acting on behalf
of. You must not link a listing to any page outside the website unless the page directly promotes
the lending, borrowing or hiring of the resources in the listing. You must not use Kuui listings to
promote a business or website other than a Kuui website and/or the Application.
(h) You must not list resources for sale.
You must only list resources that are available for lend or hire. Any resource that is consumable
or has consumables associated with its use may be sold as part of their lending or hiring. We do
not seek to restrict incidental sales of resources. So, if as a result of lending or borrowing a
resource you wish to sell or purchase that resource, You may do so. However, Members may not
list resources for the express purposes of selling. No form of auctioning of resources is allowed.
(i) We may remove any listing.
Kuui may at any time and at its sole discretion remove any listing that it deems unsuitable or in
breach of these Terms of Use.
(j) If You are leasing a house, office, building or other real estate, You shall agree to the terms in
writing.
If you are listing real estate for lease through the Kuui services, after a member accepts Your
offer of a lease via our services, You and the other member must agree in writing on the terms of
lease.
(k) Your listings must be accurate and complete.

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Your listings must be accurate, current, and complete. You must include all relevant information
about the terms on which you will lend or hire a resource, including price, payment terms,
shipping methods and whether insurance is required (and if so who pays for it and whose
interests should be noted).
(l) You must supply resources that are fit for their purpose.
You must lend or hire a resource that is fit for its purpose and You must warn the borrower of any
known defects.
(m) You must not lend, borrow or hire illegal or banned resources.
You must not lend, borrow or hire illegal, offensive or unsafe resources, resources which infringe
copyright or other intellectual property rights, resources which have been illegally imported or
which would require illegal import or export in order to complete the transaction, or any resource
the lending, borrowing or hiring of which is prohibited by, or violates any, law. You are
responsible for ensuring that any resource listed does not breach any law.
(n) You must not provide or seek to hire services that are illegal.
(o) The currency for payment in Australian dollars (AUD).
When you lend or hire a resource the currency in which You accept payment is Australian dollars
(AUD). When you borrow a resource you must pay any fees due in Australian dollars (AUD). the
nominated currency. The lender must include GST included in the price and is responsible for
any GST obligations that arise.
(p) You must only accept an offer if You intend to complete.
You must agree to accept an offer to lend, borrow or hire a resource only if You intend to
complete the transaction at the listed price and on the terms agreed.
(q) You must pay.
If payment for the resource You hired is required, You must make full and prompt payment. If
payment is not required, then You must promptly complete the transaction as agreed.
(r) You must return the resource.
You must return any borrowed or hired resource immediately upon the expiry of the agreed
lending or hiring period. If you have borrowed or hired fungible goods (i.e. goods that were
destroyed in use such as food or petrol) then You must return goods of an equivalent quality and
quantity.

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(s) You will not part with possession of a resource that You have borrowed or hired.
You must not lend, hire, transfer or otherwise part with possession of a resource that You have
borrowed (for consideration or for no consideration) unless You have the lender’s consent.
(t) You will only borrow or hire resources that can be legally borrowed or hired.
You must not lend, borrow or hire resources that may not be legally lent, borrowed or hired
where You live. You must check with relevant authorities to ensure that You do not lend, borrow
or hire resources that You are not legally entitled to lend, borrow or hire.
(u) Copyrighted material.
You will not copy or reproduce copyrighted resources or use any borrowed or hired resource to
copy or reproduce a copyrighted material.
5. Fees and Accounts
(a) We charge a commission or transaction fee.
We charge a commission or transaction fee when you hire out a resource for payment. Our
commission charges, the basis and details of our commission charges are outlined on the
Website and/or the Application. The commission will be charged on the successful completion of
a hire transaction of one of Your resources, or for long-term and ongoing hires, at an appropriate
point through the hire period as stated on the Website and/or the Application. We do not provide
any refund of these fees except where it is proven that a transaction was not undertaken, and at
Our sole discretion.
(b) We may charge other fees.
We may charge other fees for premium registration, listing, or other Kuui services. Any such fees
are charged when We provide the service and are not refundable. If you elect to purchase any
insurances offered from time to time, You must pay insurance fees at the time of purchase.
(c) We can change Our fees at any time.
We may change the fees charged for any of our services at any time. We will notify You of any
change by notice on the Website and/or the Application. In the event that we introduce a new
service, we will provide information about the fees for that service on the Website and/or the
Application. Any such fees will come into effect when they are posted on the Website and/or the
Application.
(d) You should be aware of Our fees.

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Before listing a resource or hiring out a resource, You should review Our fees to ensure You are
aware of the fees that You will incur.
(e) Our fees are in Australian dollars.
If you are an Australian resident, then all our fees are inclusive of GST and in Australian dollars.
If you are not an Australian resident, then all fees are, unless otherwise stated, in Australian
dollars (AUD) and do not include GST. If you pay us in a currency other than Australian dollars
you must pay us for any currency conversion and transaction fees We incur in receiving this
payment.
(f) We will create a Kuui account for You.
We will create and maintain a credit account for You from which you shall pay Our fees. Kuui
accounts are only for the purposes of paying Kuui fees and may not be used for the payment of
hire or rental charges to other members.
(g) If Your account is in debit you must pay it immediately upon demand.
You must pay us for any negative account balance immediately upon demand by Us or as
outlined on the Website and/or the Application in the fees section. We reserve the right to take
action against You to recover outstanding debts. You are liable for all expenses (including legal
fees) that We incur when collecting that debt. Unless We inform You otherwise, We will not
charge You interest or other financial charges for negative account balances.
(h) We will refund any funds on Your account upon termination.
If You choose to terminate your membership We will refund the real credit balance of your credit
account, less a reasonable processing fee that is payable to Us. If We have given you free or
bonus credit on Your account we are not required to refund that amount to You in any
circumstances, nor is that amount transferable to any other member.
(i) If You abandon Your account.
If You have not logged on to the Website and/or the Application for a period of one (1) year, any
unused balance on Your account may be forfeited to Us and Your membership may be
suspended or terminated.
6. Amendments to Terms of Use
Kuui reserves the right to amend in whole or in part these Terms of Use from time to time.
Amendments will be effective immediately upon notification on the Website and/or the Application.
Your continued use of the Website and/or the Application following such notification will represent an
agreement by You to be bound by the Terms of Use as amended.

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7. Website/Application Access
Subject to these Terms of Use, Kuui grants You permission to use the Website and the Application.
8. Linked Sites
We have formed partnerships with an insurance company and ID verification technology company.
The Website and/or the Application may contain links to other websites (Linked Sites) which are not
operated by Kuui. Kuui has no control over the Linked Sites and accepts no responsibility for them or
for any loss or damage that may arise from Your use of them. Your use of the Linked Sites will be
subject to the terms of use and service contained within each such site.

9. Privacy Policy
Our Privacy Policy, which sets out how we will use your information, can be found at KUUI (stazing.com).
Ensure You have read and understood our Privacy Policy. By using the Website and/or the
Application, You consent to the processing of personal information as described in the Privacy Policy
and warrant that all data provided by You is accurate. We will process all personal information in
accordance with data protection laws and our Privacy Policy.
10. Confidentiality
Kuui will treat personal information as confidential and will make every reasonable effort to keep
personal information and confidential information confidential and secure.
By registering, You authorise us to disclose the information:
(a) We will not sell or allow third parties to access Your personal information without Your consent,
except where required by law.
(b) We will maintain the security and confidentiality of Your personal information in accordance with
the highest standards.
(c) We will require any organisation that provides Us with administrative or processing services to
comply with Our privacy policies.
(d) You are entitled to examine any of Your personal information that We hold and may request that
We correct any inaccurate or incomplete information.
We will not disclose this information except:
(a) as necessary to provide the Services;

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(b) to Kuui personnel and any service provider that Kuui works with where necessary to operate the
Services;
(c) if the relevant person has given Kuui permission to do so;
(d) in accordance with Our Privacy Policy; or
(e) if required or permitted by law.
You agree to Your name and email address being disclosed as required:
You agree to Your name and email address being disclosed as required as part of the provision of
Our services to You. This may include, but is not limited to, people You add to your network, people
you lend or hire resources to and people who lend or hire resources to You.

11. Exclusion of Liabilities
(a) We provide a register and a venue to lending, borrowing and hiring; You deal directly with other
members: We provide an on line venue and mechanism to allow You to create a register of Your
resources, keep track of the lending, borrowing or hiring of resources, and contribute to and
participate in an on line community of individuals and organisations who wish to lend, borrow or
hire resources for free or for payment. We do not take any part in the transactions other than by
providing our Website and/or the Application as a venue for members. If You and another party
agree to lend, borrow or hire resources, then You and that other party must do so by agreement
between yourselves. We do not act as agent for either party and do not participate in any
transaction between You and other members. The Terms of Use of any arrangement between
You and another person or member (including the default Terms of Use provided by us as
altered, extended, overwritten or not) are exclusively and entirely part of your arrangement with
another party that You are transacting with.

(b) You lend, borrow or hire at Your own risk.
Transactions between You and other members are conducted entirely at Your own risk. You
agree that We take no responsibility or liability for any misconduct of any of Our members
including, without limitation, members that have registered under false pretences or who attempt
to defraud You. We give no undertakings, representations, or warranties in relation to resources
lent, borrowed or hired on the Website and/or the Application, or the character of any other
member of the Kuui Website and/or the Application.

(c) We do not guarantee that Our services will always be available.

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We will use Our reasonable endeavours to ensure the availability of the Website and/or the
Application and services, subject to any downtime required for maintenance. However, We do
not warrant that:
(i) the services provided will be uninterrupted, timely, secure, or error-free; or
(ii) that any information (including feedback) provided on the Website and/or the Application
is error-free or reliable.

(d) If we have advertisements on the Website and/or the Application, we are not responsible for the
actions of the advertisers. Each advertiser is solely responsible for the content of and any
representation made in connection with its advertisement. The placement of such
advertisements on the Website and/or the Application does not constitute our recommendation
or endorsement of the advertised product or service.

12. Prohibitions
(a) You must not misuse the Website and the Application. You must not:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way offensive or
obscene;
(ii) take any action that imposes, or may impose, in Our sole discretion, an unreasonable or
disproportionately large load on our infrastructure;
(iii) hack into any aspect of the Services; corrupt data; cause annoyance to other users;
(iv) copy, reproduce, modify, create derivative works from, distribute or publicly display any
content (except for Your personal information) from the Website and/or the Application
without the express written permission of Us and any relevant third party;
(v) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed
through the Website and/or the Application;
(vi) bypass our robot exclusion headers or other measures We may use to prevent or restrict
access to the Website and/or the Application.

(b) Breaching this provision would constitute a criminal offence, and Kuui will report any such breach
to the relevant law enforcement authorities and disclose your identity to them.

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(c) The following contents are prohibited on the Website and/or the Application:
(i) offensive content that promotes racism, terrorism, bigotry, hatred, or physical or/and mental
violence or harassment against any individual or group or could harm minors; and
(ii) misleading or/and deceptive or defamatory contents; and
(iii) pornographic or sexually explicit contents; and
(iv) contents related to any unlawful activities.
13. Payment
Via Stripe
(a) The Lender will create a Stripe account through the Kuui Platform. The Borrower may use credit
card or debt card to make payment for their online order of Services through Stripe made
available directly by Kuui on the Website and/or the Application. When using Stripe to submit
payment via the Website and/or the Application, payments are (in the case of Online
Transactions through Stripe) processed through accounts owned by Kuui or one of its affiliates
and/or a registered third-party service provider acting on Kuui’s behalf and held by Kuui or one
of its affiliates and/or a registered third-party service providers acting on Kuui’s behalf for twenty-
four (24) hours after booking commences. Thereafter the payment for the Services, less the
relevant Kuui fees, is released to the Lender via Stripe.
(b) You acknowledge and agree that where a request for the payment of Our Services is cancelled,
returned or denied, for whatever reason, by your financial institution or is unpaid for any other
reason, then You are liable for any costs, including banking fees and charges, associated with
your request.
(c) You agree and acknowledge that Kuui can vary the price at any time and that the varied price
will come into effect in accordance with the absolute discretion of Kuui.
Online Store
You can pay through our online store to purchase relevant items for your lending practices either.
Payment will be made to Kuui with credit/debit transactions.

14. Specific Clauses/ Policies for Lenders
Lenders can choose one of four (4) options for the cancellation policy offered to the hirer.
(a) No Cancellation Policy.

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 Full refund up until reservation
(b) Flexible Policy.
 Borrowers can cancel until 24 hours before check-in for a full refund and You will not be paid;
 There will be a 50% refund to the borrowing party.
(c) Moderate Policy.
 Borrower can cancel until 5 days before check-in for a full refund and You will not be paid;
 If Borrower cancel after that, there will be a 50% refund to the borrowing party.
(d) Non-Refundable Policy.
 Non-refundable to borrowers who have made the reservation;
 The Borrower will receive a 15% discount to the reservation price, but will forgo all refund
options;
 The non-refundable option can only be reversed by the Lender.
Once the reservation pick-up time has been reached, the Borrower’s option to cancel is now void.
Kuui assumes the transaction has taken place. A full/partial refund will be issued only at the
discretion of the Lender.
15. Feedback
(a) Feedback should not be offensive or defamatory.
Feedback you provide on other members should be honest and objective and must not contain
offensive, defamatory or inappropriate language. We have the absolute right to determine what is
considered offensive, defamatory or inappropriate language, and to remove any such entries.
(b) You may only give member feedback that relates to a specific transaction.
You may only give member feedback that relates to a specific transaction and must not post
feedback that does not relate to that specific transaction.
(c) No personal details in feedback.
You must not post feedback about yourself or include any contact details or personal information
in your feedback.
(d) Feedback is provided for the sole purpose of facilitating lending, borrowing and hiring.

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Feedback is provided for the sole purpose of facilitating lending, borrowing and hiring between
members of the Kuui Website and/or the Application. You must not link your Kuui feedback to or
from other websites.
(e) Feedback system.
You must not take any actions which may undermine the integrity of the feedback system. We
reserve the right to automatically suspend memberships with feedback ratings below an
acceptable minimum. This may cause you to be unable to list, lend, borrow or hire. You
acknowledge that your feedback consists of comments left by other users and a composite
feedback number compiled by Us and that the composite number without the comments does
not convey your full user profile. Because feedback ratings are not designed for any purpose
other than for facilitating trading between members, you agree that you shall not market or export
your feedback rating in any venue other than our Website and/or the Application.
16. Insurance
Kuui may provide access to insurance options for you. If it is available, You may purchase insurance
when you lend or hire out a resource to someone or when You borrow or hire in a resource. If
insurance is not available, You are fully responsible for arranging any insurance You consider
necessary. You may, as a term of lending or hiring, require the borrower or hirer to purchase
insurance for Your resource. You and the other party should agree which one of You is responsible
for purchasing insurance and who is responsible for any claim excess and other costs that may arise
prior to exchanging possession of the resource.
17. Intellectual Property, Software and Content
The intellectual property rights in all content made available to you on or through the Website and/or
the Application remain the property of Kuui or its licensors and are protected by copyright laws and
treaties around the world. All such rights are reserved by Kuui and its licensors. You may store, print
and display the content supplied solely for your own personal use. You are not permitted to
publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of
the content supplied to You or which appears on the Website and/or the Application nor may You
use any such content in connection with any business or commercial enterprise.
18. Copyright
(a) You must not do anything with the materials and resources that are not expressly authorised by
the Terms of Use. Without limitation, You must not modify, adapt, sell, or use the materials and
resources for a commercial purpose (such as charging third parties for access to the materials and
resources) without the prior consent of Kuui.
19. Disclaimer of Liability

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(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions
set out in the Australian Consumer Law, the material displayed on the Website and/or the
Application is provided without any guarantees, conditions or warranties as to its accuracy and
effect.
(b) To the fullest extent permitted by law, Kuui hereby expressly excludes all warranties and other
terms which might otherwise be implied by statute, common law or the law of equity and must not be
liable for any damages whatsoever, including but without limitation to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and
services, arising out of or related to the use, inability to use, performance or failures of the Website
and/or the Application or the Linked Sites and any materials posted on those sites, irrespective of
whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at
common law or otherwise.
20. Linking to the Website and the Application
You may link to our home page, provided You do so in a way that is fair and legal and does not
damage Our reputation or take advantage of it, however You must not establish a link in such a way
as to suggest any form of association, approval or endorsement on Our part where none exists. You
must not establish a link from any website that is not owned by You. This Website and/or the
Application must not be framed on any other site, nor may You create a link to any part of
this Website and/or the Application other than the home page. We reserve the right to withdraw
linking permission without notice.
21. Disclaimer as to ownership of trade marks, images of personalities and third party
copyright
Except where expressly stated to the contrary all persons (including their names and images), third
party trade marks and content, services and/or locations featured on the Website and/or the
Application are in no way associated, linked or affiliated with Kuui and You should not rely on the
existence of such a connection or affiliation. Any trade marks/names featured on the Website and/or
the Application are owned by the respective trade mark owners. Where a trade mark or brand name
is referred to it is used solely to describe or identify the products and services and is in no way an
assertion that such products or services are endorsed by or connected to Kuui.
22. Indemnity
You agree to indemnify, defend and hold harmless Kuui, its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs
(including, but not limited to, legal fees) arising from your use of the Website and/or the Application,
or your breach of the Terms of Use.
23. Variation

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Kuui has the right in its absolute discretion at any time and without notice to amend, remove or vary
the Services or any page of the Website and/or the Application.
24. Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude Our
liability to You) the enforceability of any other part of the Terms of Use will not be affected, and
all other clauses remain in full force and effect. As far as possible, where any clause/sub-clause or
part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be
interpreted accordingly. Alternatively, You agree that the clause must be rectified and interpreted in
such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by
law.
25. General Terms and Conditions
(a) We are not responsible for things We cannot control.
Without prejudice to clause 11, We have no liability for any lack of performance, unavailability or
failure of our services or the Website and the Application, or for any failure of Us to comply with
these Terms of Use if our failure arises from, or is caused by, anything reasonably beyond Our
control.
(b) By allowing time We do not waive our rights.
If we do not exercise or enforce any right available to us under these Terms of Use, it does not
constitute a waiver of those rights.

(c) Your agreement with us is under the law of Australia.
These Terms of Use are governed by the laws of Australia. You submit to the non-exclusive
jurisdiction of the Courts of Australia.

(d) These Terms of Use are all the terms of the agreement between Us.
These Terms of Use supersede all previous conditions, understandings, commitments,
agreements and representations whatsoever whether oral or written, and constitutes the entire
agreement between Us.

(e) We follow the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act)
and the prevention of illegal activities on the Website and the Application.
We are committed to complying with the AML/CTF Act and have implemented measures to
prevent money laundering and terrorism financing activities on our Website and the Application.

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26. Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they
first arise. Please let us know if you have any complaints or comments. You can contact us via email
at admin@kuui.com.au.

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Schedule 1

Banned and restricted resources in Australia
This list applies in Australia only:
We set out a list of resources that either cannot be lent and borrowed in Australia or on which there
are restrictions. We chose to do this for Australian law because that is where we are located and
that is the law we are familiar with. If you lend and borrow resources outside of Australia, you may
be subject to different laws. You, as either lender or borrower, are responsible for complying with
the law of your country. You must check with relevant authorities to ensure that you are not violating
any laws.
This list applies to public listings only:
When We designate a resource as banned, we mean that that resource is banned from a public
listing on the Website and/or the Application and that those resources cannot be lent or borrowed
through the Website and/or the Application. When We designate a resource as restricted it may be
publicly listed, however can be lent or borrowed only in certain circumstances. This is not intended
to restrict private listings in the same way. Any resource which You can legally own can be privately
listed on the Website and/or the Application.
Resources banned for public listing.
1. Weapons.
Body armour and extendable batons, Chemical weapons, Electromagnetic Weapons, Knives and
daggers, Warfare Goods and other Weapons.
2. Miscellaneous.
Human body fluids, organs and other issue, Ice Pipes, Kava, Pepper and OC spray,
Pornography and objectionable material, Rough diamonds-Kimberley Process, Sanctioned
countries/entities, Signal jammers/signal jamming devices, Suicide devices, Tablet presses and
Encapsulators, Viable material derived from human embryo clones, Wine and brandy,
Woolpacks.
3. Intellectual property and cultural items.
ANZAC, Cultural heritage goods, Cultural heritage goods from Papua New Guinea, Goods
bearing an image of an Australian state or territory Arms, flag, or seal, Goods bearing an image
of the Arms, flag or seal of the Commonwealth, Goods bearing an image of the Royal Arms.
4. Hazardous goods.

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Asbestos, Explosives, plastic, Hazardous waste, Mercury, Ozone depleting substances/ synthetic
greenhouse gases, Pesticides and other hazardous chemicals, Polychlorinated Biphenyls,
Terphenyls and Polyphenyls-Chemicals.
5. Firearms.
Firearms and firearms parts, accessories and ammunition, Imitation firearms, Paintball markers,
Soft air (BB) firearms.
6. Drugs, Medicines and Therapeutic Substances.
Anabolic or androgenic substances, Drugs and narcotics, Growth hormones and substances of
human or animal origin, New psychoactive substances and serious drug alternatives, Precursor
substances, Prescription medicines, Therapeutic drugs, substances and goods, Tobacco.
7. Defence and Strategic goods.
Biological agents, Certain chemical compounds, Defence and Strategic Goods, Nuclear Material,
Radioactive substances, Security Sensitive Ammonium Nitrate (SSAN).
8. Consumer products
Ceramic ware-glazed, Competition and Consumer Act goods, Cosmetics-toxic materials, Credit
cards-counterfeit, Dog collars-protrusions, Erasers, novelty-toxic materials, Fly swatters/mosquito
bats – electronic, Incandescent Iamps, Laser pointers, Lighters, Money boxed, novelty-toxic
materials, Pencils or paintbrushes-toxic materials, Tobacco-Chewing and oral snuff, Toys-toxic
materials.
9. Animals and plants.
Australian native animals and plant species, Cat and dog fur products, Dogs-dangerous breeds,
Endangered animal and plant species-CITES, Fish, Tobacco-unmanufactured leaf and tobacco
refuse, Toothfish
10. Resources subject to product safety standards: The following resources may be publicly listed,
but in Australia, the resources must meet product safety standards before you lend or borrow
them.
(a) Candles with lead wicks;
(b) Combustible candle holders;
(c) DEHP in children’s plastic items;
(d) Fire footbags & other such goods;

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(e) Gas masks with asbestos breathing devices;
(f) Glucomannan in tablet form;
(g) Mini jelly cups containing konjac;
(h) Novelty cigarette lighters;
(i) Novelty cigarettes;
(j) Pools and spas with unsafe design features;
(k) Sky Lanterns;
(l) Small high-powered magnets;
(m) Smokeless tobacco products;
(n) Tinted headlight covers;
(o) Tongue studs without holes;
(p) Toothpaste containing diethylene glycol;
(q) Toys containing beads;
(r) Undeclared knives or cutters in stationery sets;
(s) Yo-Yo water balls.

These terms are the basis of all loan agreements conducted through Kuui. The specific Terms of
Use agreed by the lender and borrower on any loan agreement however may add to, extend, alter,
and override parts of these standard agreement terms.

These terms form part of, and should be read and interpreted as part of, the Kuui site usage Terms
of Use:

(a) Lender.
The owner of the goods (or person with rights to lend or hire out) - referred to here as lender or
lessor, and also known as hirer agent, manager, letter, bailor.
(b) Borrower.
The person who accepts possession of the goods for a period of time - referred to here as
borrower or lessee, and also know as hiree, lettee, user, bailee.
(c) Resource.
Any asset or item being lent, let, leased, or hired to the borrower by the lender.
(d) Loan agreement.
The deed of use negotiated and agreed by the Lender and the Borrower through Kuui.

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(e) Members agree to adhere to the specific Terms of Use defined and outlined by them in any
specific Loan Agreement which will prevail in case of contradiction with these standard terms and
conditions. In the case of absence of specific terms and conditions, members agree to adhere to
these Terms of Use.
(f) The Borrower agrees to repair or replace (or pay for repair or replacement) for any damage or
loss to any resource incurred whilst the item is in their possession. Damage or loss does not
include reasonable wear and tear.
(g) The Borrower agrees to pay to the lender all hire fees, bonds, deposits, and other costs as
agreed (in loan documents negotiated on Kuui or as negotiated otherwise).
(h) The Lender must supply goods which are fit for the purpose which they are supplied for.
(i) The Lender has a duty to warn of known defects or limitations of the goods.
(j) The Lender must expressly state any limitation on the use of the goods.
(k) The Borrower agrees to inform the lender of any intended use of the resource that may be
considered to be outside of the standard use of the resource.
(l) Borrowers agree to only use borrowed/hired resources in the manner allowed and agreed in any
Loan Agreement, or as otherwise negotiated and agreed, and to negotiate in advance any
permissions to use any such resource in any other manner.
(m) Borrowers agree not to re-lend or re-hire any resources without the express written permission of
the resource owner/manager.
(n) Should a claim of damage be placed by the Lender, it is on the Borrower to show the loss or
destruction was not caused by their negligence.
(o) Any exclusion of liability by the Borrower must be clear and unambiguous.
(p) The Lender and the Borrower agree that, unless otherwise stated, there may well be no implied
insurance cover for any resource lent or hired out.
(q) The Borrower agrees to return resources in their issued/received condition, on or before the
agreed times. The Borrower agrees to communicate in advance to the resource lender any likely
inability to do this. The Lender and the Borrower agree to try to agree an appropriate, fair, and
workable resolution.

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(r) Members agree to pay any let fees, cancellation fees, insurance excesses, and any other
liabilities as required by the Lender and stated and agreed upon in the loan agreement, with the
exception to fees payable directly to Kuui.
(s) The Borrower and Lender agree that Kuui is in no way a party to any lending, borrowing, hiring
transaction conducted through Kuui, and that they in no way will seek to make any such claim.

Jurisdiction & Governing Law – transactions

The Terms of Use of any agreement between the Lender (bailor) and Borrower (bailee) done
through Kuui will be governed by and construed in accordance with, the laws of the region where the
asset/resource being loaned are domiciled.