Hey Fritz Terms & Conditions

Last updated: January 5, 2021

HEY FRITZ GLOSSARY

Borrower: A person who uses the Hey Fritz platform to rent an item, space or service off another User of the Hey Fritz platform
Lender: A person who uses the Hey Fritz platform to list an item, space or service to rent to another User of the Hey Fritz platform
User: A person who uses the Hey Fritz platform as either a Borrower or a Lender.

1 GENERAL

This document outlines the terms and conditions which govern use of the Hey Fritz platform, including the obligations of Hey Fritz Pty Ltd, and the obligations of the Users of the platform. Users of the Hey Fritz platform acknowledge that they have read this document and agree to abide by its terms and conditions.
Harvesting User contact details for the purpose of generating interest or inquiry into products is considered unauthorised use of User information and is not supported by Hey Fritz.
The clauses contained within these Terms and Conditions are severable, and if any clause of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

2 SCOPE OF THE HEY FRITZ´S SERVICES

Hey Fritz provides a platform which enables:

  • Lenders to list items, spaces, and services they would like to make available for rent (including price, location and availability),
  • Borrowers to search for and rent out items, spaces and services which are listed on the platform.
    • A Lender may change the details of any listing at any time until a booking has been made. If a Lender accepts a booking, a contract is taken to have been formed between the Borrower and Lender.

    3 COMMUNITY STANDARDS

    At all times Borrowers and Lenders must adhere to the following terms of platform usage.
    Borrowers:

  • Be respectful in all communications and dealings
  • Be punctual when meeting with someone
  • Only use rented items as they would be used by a careful and prudent owner
  • Do not make any additions or alterations to items or spaces which are hired
  • Do not sublet or lend item or spaces to anyone else
  • Ensure items are cleaned before being returned.
  • Familiarise themselves with how to use items or spaces they are not familiar with (in borrowing an item or space Borrowers warrant they have not relied on the skill and judgement of the Lender, but have undertaken any research as appropriate to ensure safe and proper use).
  • Report any damage to, or loss of, the goods to the Lender immediately after such damage or loss occurs
  • Return all goods undamaged at a time and date and in a manner agreed between the Borrower and the Lender.
  • Return all goods undamaged at a time and date and in a manner agreed between the Borrower and the Lender.

    • Failure to comply with these requirements may result in a formal warning, temporary suspension from the platform, or permanent account removal. 
    Lenders:
  • Be respectful in communications and dealings. 
  • Be punctual when meeting with someone. 
  • Prior to renting out an item ensure it is clean and fit for purpose, and operates as advertised. 
  • Offerings must be the same as pictured or described in listings. 

    • 4. CONTRACTS BETWEEN BORROWERS AND LENDERS

    If a Lender accepts a booking, a contract is taken to have been formed between the Borrower and Lender. By forming the Contract, the parties acknowledge and agree that the Terms and Conditions set out in this document will apply and that either of them may rely on these Terms and Conditions.
    The Borrower and the Lender acknowledge and agree that the Terms and Conditions are designed to govern the Contract between them and that Hey Fritz will not be liable for any breach of the Terms and Conditions.
    General Terms and Conditions include:

  • Payment is made by the Borrower at the time their booking is accepted.
  • The Borrower pays the listed amount. The amount is not negotiable.
  • The Lender receives the listed amount minus a 20% service fee.
  • Any agreements between the Borrower and Lender will be recorded through the Hey Fritz messaging capability and will be taken to form part of the contract between the Borrower and Lender.
  • Any agreements made must adhere to the Hey Fritz Terms and Conditions.
  • The Borrower and Lender must adhere to the agreements made in the contract.
  • Hey Fritz will not be held responsible for the non-return, or damage of items outside of what is covered by the Hey Fritz Guarantee

    • 5. REVIEWS 

    After the hire of an item, space or skill Borrowers may leave a review of the Lender.
    Hey Fritz reserves the right to remove any reviews which do not comply with Hey Fritz Terms and Conditions or internal company policies.

    6. FEES AND COMMISSIONS

    Borrowers pay the price listed on the Hey Fritz website.
    Lenders receive the listed price minus a 20% commission which goes to Hey Fritz.

    7. HEY FRITZ'S ROLE AND OBLIGATIONS

    Hey Fritz provides a platform for Lenders to list items, spaces, and services, and for Borrowers to find and hire items, spaces and services.
    Hey Fritz has absolute discretion to remove any listings, or to remove Users from the platform if listings or User behaviours do not align with Hey Fritz Terms and Conditions or internal company policies.
    Hey Fritz has absolute discretion to refuse to allow a person to register on the platform, or to list an item, space or service.
    Hey Fritz makes no warranty with respect to the authenticity of items, spaces or services listed on the platform and shall not be held liable for any trade mark or intellectual property infringement of a third party.

    8. USER OBLIGATIONS

    At all times platform Users will:

  • Comply with these Terms and Conditions, and any applicable laws and regulations
  • Comply with any agreements made between Borrowers and Lenders, including being punctual in relation to any agreed pick up and drop off times
  • Familiarise themselves with any laws or regulations which relate to Borrowing or Lending any items, spaces or services.

    • Users will not list anything which:
  • is illegal or offensive, or designed to harm another person
  • requires a license to operate.
    • Users will not use any content posted on the Hey Fritz platform on a third party site without the prior permission of Hey Fritz.
    Users must maintain control of their Hey Fritz account, and not allow its use by any other person.
    Users grant Hey Fritz an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the platform for the purpose of marketing the Hey Fritz platform.
    Users agree not to post any content on the platform that may potentially be harmful or offensive to Hey Fritz, or any other individual using the platform
    Any information which a Borrower or Lender posts on the platform must not:
  • Be false, inaccurate, deceptive, or misleading in any way
  • Infringe on any third party´s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy
  • Violate any applicable jurisdictional laws
  • Be threatening, harassing, offensive or defamatory
  • Contain any personal information of another platform User (including phone number, email address, residential address, or full name)
  • Contain any malicious code which could damage the platform, or interfere with a User´s personal information.
    • Users must only offer items, spaces and services for rent that they have a legal right to offer.
    All payments in relation to borrowing items, spaces and services must be made through the platform.
    Users must comply with all applicable tax and regulatory obligations in relation to any payments they receive through the platform.
    If the company suspects or determines that a User has violated any User obligation it has absolute discretion to cancel or suspend their Hey Fritz account

    9. REFUNDS

    If, prior to a rental, the Borrower and Lender both agree to cancel an agreed rental, the rental fee will be returned to the Borrower.
    If the cancellation is made by the Borrower less than 24 hours before the rental, a 20% cancellation fee will apply.

    10. MONEY TRANSFER

    The Hey Fritz platform uses Stripe for the transfer of money between platform Users.
    Users are bound by those Terms and Conditions of Stripe which apply in their jurisdiction when transferring money using the platform (noting that Stripe´s Terms and Conditions may be updated from time to time).
    In signing up to the Hey Fritz platform Users agree that information they have provided in relation to payments will be shared with Stripe if required to facilitate payments through the Hey Fritz platform.
    Users agree that if Hey Fritz changes its payment provider their information related to payments may be shared with the new payments provider.

    11. IDENTITY VERIFICATION

    Building a high trust environment for people to safety interact is of paramount importance to Hey Fritz. As such all Borrowers and Lenders must be identity verified before borrowing or lending items on Hey Fritz.
    Building a high trust environment for people to safety interact is of paramount importance to Hey Fritz. As such all Borrowers and Lenders must be identity verified before borrowing or lending items on Hey Fritz.
    If Hey Fritz becomes aware that fraudulent details have been used to verify a User´s identity, the details will be forwarded to the relevant authorities for prosecution and the User will be removed and banned from the platform.
    Users are only permitted to have one account on the Hey Fritz platform. Any attempts to create multiple accounts with different login details will result in accounts being deleted, and the User being barred from the Hey Fritz platform.

    12. DAMAGE, LOSS OR THEFT OF ITEMS

    Lenders are covered by the Hey Fritz Guarantee.

    13. FEEDBACK

    After each transaction Borrowers and Lenders are able to provide ratings and written feedback about each other.
    Platform Users are able to raise any issues about ratings or feedback via email.
    If Hey Fritz becomes aware of feedback which indicates that a Borrower or Lender is not complying with the Terms and Conditions of platform use, Hey Fritz will contact the User for a right of reply.
    If Hey Fritz determines that the Terms and Condition of platform usage have been violated it will suspend or cancel a User´s accounts at its absolute discretion.

    14. PRIVACY

    The Hey Fritz Privacy Policy outlines how Hey Fritz handles personal information, and forms part of the Hey Fritz Terms and Conditions.
    By signing up to Hey Fritz, Users agree to the collection, use and disclosure of their personal information as laid out in the Hey Fritz Privacy Policy.

    15. UPDATES TO TERMS AND CONDITIONS

    Hey Fritz may update these Terms and Condition at any time. Platform Users will be informed of updates via the contact details they have provided on sign up, or via a message displayed on the platform the next time they login.
    Users will be taken to have agreed to updated Terms and Conditions if they:

  • Accept the updated Terms and Conditions (such as through clicking a button which says “I agree”)
  • Interact through the platform following being notified of an update to the Terms and Conditions
  • 30 days after they have been notified of the updated Terms and Conditions
    • If Users do not agree to any updated Terms and Conditions they must either terminate their Hey Fritz account, or inform Hey Fritz by email, and Hey Fritz will terminate their Hey Fritz account.

    16. DISPUTE RESOLUTION

    Hey Fritz encourages Borrowers and Lenders to resolve any disputes directly.
    Borrowers and Lenders must act in good faith and genuinely attempt to seek a resolution
    Should Borrowers and Lenders be unable to resolve a dispute, they may request assistance of Hey Fritz.
    Hey Fritz will hold any money which is subject to a dispute in an escrow account until the dispute has been resolved.
    Hey Fritz will make a final determination on any disputes which cannot be resolved between a Borrower and a Lender.
    Decisions made by Hey Fritz may be challenged through the judicial system in the jurisdiction in which the borrowing and lending occurred