Rosella St Terms & Conditions

Last updated: July 2, 2021

ROSELLA STREET GLOSSARY

Borrower: A person who uses the Rosella Street platform to rent an item, space or service off another User of the Rosella Street platform.
Buyer: A person who uses the Rosella Street platform to buy an item off another User of the Rosella Street platform.
Seller: A person who uses the Rosella Street platform to sell an item to another User of the Rosella Street platform.
User: A person who uses the Rosella Street platform as either a Borrower, Lender, Buyer,or Seller.

1. GENERAL

This document outlines the terms and conditions which govern use of the Rosella Street platform(rosellastreet.com), including the obligations of Rosella Street (a business name of Hey Fritz Pty Ltd), and the obligations of the Users of the platform. Users of the Rosella Street 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 Rosella Satreet.
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 ROSELLA STREET´S SERVICES

Rosella Street 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.
  • Sellers to list items they would like to make availablefor sale(including price, location, number of items available).
  • Buyers to search for and purchase items which are listed on the platform.
    A Seller may change the details of any of their listingsat any time until a booking has been made. Once a sale offer has been accepted, a contract is taken to have been formed between the Seller and the Buyer.
    • A Lender may change the details of any of their listings 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 Users must adhere to the following terms of platform usage.
    All Users:

  • Be respectful in all communications and dealings
  • Be punctual when meeting with someone
  • To protect users from theft, all payments must be madethrough Rosella Street’s inbuilt securepayment system
  • 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.

    • Lenders:
  • 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. 


    • Sellers:
  • Prior to listing something for sale, ensure it is clean and fit for purpose,
  • and operates as advertised.Give it away like you would like to receive it. Failure to comply with these requirements may result in a formal warning,
  • temporary suspension from the platform, or permanent account removal.

    • 4. CONTRACTS BETWEEN BUYERS AND SELLERS

    If a Buyer accepts an offer, a contract is taken to have been formed between the Buyer and Seller. 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 Buyer and the Seller acknowledge and agree that the Terms and Conditions are designed to govern the Contract between them and that Rosella Streetwill not be liable for any breach of the Terms and Conditions.

    General Terms and Conditions include:
  • Payment is made by the Buyer at the time their offer is accepted.
  • The Buyer pays the agreed amount(following any permitted negotiation).
  • The Seller receives the negotiated price minus a service fee of $1 plus 5%.
  • Any agreements between the Buyer and Seller will be recorded through the Rosella Street messaging capability and will be taken to form part of the contract between the Buyer and Seller.
  • Any agreements made must adhere to the Rosella StreetTerms and Conditions
  • The Buyers and Sellers must adhere to the agreements made in the contract.
  • Rosella Street will not be held responsible for any unmet expectations between the Buyer and the Seller(including items which do not function, or do not operate as expected). Such issues must be resolved between the Buyer and Seller, with the assistance of local law enforcement as appropriate. Actions which violate the Rosella Street Terms and Conditions should be reported to Rosella Street Customer Service teamhere.Where Terms and Conditions have been violated, this may result in a formal warning, temporary suspension from the platform, or permanent account removal.

    • 5. REVIEWS 

    After a purchase/hires, Buyers/Borrowers may leave a review of the Seller/Lender and visa versa.
    Rosella Street reserves the right to remove any reviews which do not comply with Rosella Street Terms and Conditions or internal company policies.

    6. FEES AND COMMISSIONS

    Borrowers pay the price listed on the Rosella Street website
    Lenders receive the listed price minus a 20% commission which goes to Rosella Street. Buyers pay the price negotiated on the Rosella Street website. Sellersreceive the negotiated price minus a service fee of $1 plus 5% of the negotiated price.

    7. ROSELLA STREET'S ROLE AND OBLIGATIONS

    Rosella Street provides a platform for Lenders to list items, spaces, and services, and for Borrowers to find and hire items, spaces and services. The platform also allows Sellers to list items, and Buyers to purchase items.
    Rosella Street has absolute discretion to remove any listings, or to remove Users from the platform if listings or User behaviours do not align with Rosella Street Terms and Conditions or internal company policies.
    Rosella Street has absolute discretion to refuse to allow a person to register on the platform, or to list an item, space or service.
    Rosella Street 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, Buyers and Seller including being punctual in relation to any agreed pick up and drop off times
  • Familiarise themselves with any laws or regulations which relate to Buying and Selling, or Borrowing and Lending of any items, spaces or services.

    • Users will not:
  • List anything for sale or hire which is illegal or offensive, or designed to harm another person
  • List anything for hire which requires a license to operate.
    • Users will not use any content posted on the Rosella Street platform on a third party site without the prior permission of Rosella Street.
    Users must maintain control of their Rosella Street account, and not allow its use by any other person.
    Users grant Rosella Street 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 Rosella Street platform.
    Users agree not to post any content on the platform that may potentially be harmful or offensive to Rosella Street, or any other individual using the platform
    Any information which a Borrower, Lender, Seller, or Buyer 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, for sell or rent that they have a legal right to offer.
    All payments 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 Rosella Street 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. If you purchased an item which was being sent to you, and it either doesn ́t arrive, or it arrives but is significantly not as described, please contact the Seller to attemptto resolve the issue. If a resolution is not possible please contact Rosella Street Customer Service Team for advice.

    10. MONEY TRANSFER

    The Rosella Street 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 Rosella Street platform Users agree that information they have provided in relation to payments will be shared with Stripe if required to facilitate payments through the Rosella Street platform.
    Users agree that if Rosella Street 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 Rosella Street. As such all Buyers, Sellers, Borrowers and Lenders must be identity verified before buying, selling, borrowing or lending items on Rosella Street.
    If Rosella Street 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 Rosella Street platform. Any attempts to create multiple accounts with different login details will result in accounts being deleted, and the User being barred from the Rosella Street platform.

    12. DAMAGE, LOSS OR THEFT OF ITEMS

    Lenders are covered by the ROSELLA St Guarantee.

    13. FEEDBACK

    After each transaction Buyers, Sellers, 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 Rosella Street becomes aware of feedback which indicates that a Buyer, Seller, Borrower or Lender is not complying with the Terms and Conditions of platform use, Rosella Street will contact the User for a right of reply.
    If Rosella Street 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 Rosella Street Privacy Policy outlines how Rosella Street handles personal information, and forms part of the Rosella Street Terms and Conditions.
    By signing up to Rosella Street, Users agree to the collection, use and disclosure of their personal information as laid out in the Rosella Street Privacy Policy.

    15. UPDATES TO TERMS AND CONDITIONS

    Rosella Street 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 Rosella Street account, or inform Rosella Street by email, and Rosella Street will terminate their Rosella Street account.

    16. DISPUTE RESOLUTION

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