KUUI

Website and Application Terms of Use

Last updated: December 2023

Just Lendit Pty Ltd (ABN 75 656 604 376), trading as Kuui (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:

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.
Hire, Lease, Rent or Let means to engage the temporary use of goods or places for consideration.
Hire Services In means to benefit from services performed by one party in exchange for money or another service.
Hire Services Out means to perform a service for the benefit of another party in exchange for money or another service.
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.
Listing means a record of a resource on the Website and/or the Application.
Member means a registered Member of Kuui, including individuals, groups, businesses, or other organisations.
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.
Resource or Resources means goods, places, or services that may be booked and lent, borrowed or hired through the Website and/ or the Application.
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.
Transaction means the lending, borrowing or hiring of any resource using our Services.
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.
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.

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

(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.

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.

(e) Eligibility

For a User to be able to hire an item, they must first be a member and complete the ID verification process. This process is only required once using a third party ID verification process supplied by Scantek.

2.1 User Onboarding Process

(a) Introduction

Kuui welcomes new retailers to its platform. This onboarding process outlines the steps involved in becoming a Kuui retailer and listing items for hire.

(b) Sign Up

To begin the onboarding process, new retailers must create an account on the Kuui website. This involves providing basic information such as name, email address, and contact details.

Kuui requires all retailers to verify their identity using Scantek, a secure identity verification service. This process involves uploading a valid government-issued photo ID. The check will confirm that the user is who they say they are, and also conduct a sanctions check for AML/CFT/PEP. (as stated in 28. Anti-Money Laundering (AML), Counter-Terrorism Financing (CFT), and Know Your Customer (KYC) Policy)

(d) Payment Details

Once identity verification is complete, retailers must enter their payment details to receive payments for items hired out through Kuui. This includes providing bank account information or connecting a secure payment gateway.

(e) Listing an Item

After completing the initial onboarding process, retailers can list their items for hire on the Kuui website. This involves providing detailed descriptions, including photos, pricing, and availability.

(f) Verification

For the item to be listed and live, the User will have to complete the once off ID verification process conducted by Scantek.

(g) Hiring and Payment

When an item is hired, Kuui manages the transaction between the retailer and the hirer. Upon successful completion of the hire, Kuui processes the payment to the retailer's registered bank account or payment gateway.

(h) Ongoing Communication

Kuui maintains open communication with Users throughout the onboarding process and beyond. This includes providing updates, answering questions, and offering support.

Kuui also provides a messaging gateway so Users can communicate through the platform. Kuui encourages the use of the messaging gateway to provide extra security if conflict resolution is required.

(i) Additional Requirements

Retailers are responsible for adhering to all applicable laws and regulations, including those related to consumer protection, taxation, and business licensing.

(j) Agreement to Terms and Conditions

By completing the onboarding process and listing items on Kuui, retailers agree to abide by the Kuui Terms and Conditions, which outline the rights and responsibilities of both Kuui and its retailers.

3. Role of Users

As a 'Lender' or ‘Owner’

(a) User registers for a free account (User cannot progress without ID verification);
(b) You complete the bank detail data to take payments;
(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);
(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 the Owners terms and conditions);
(d) You can make a simple online payment.

Borrower or Hirer's Responsibility:
You agree to:

(a) Inspect the item thoroughly before hiring to ensure its safety and suitability for your intended purpose.
(b) Use the item only for its intended purpose and in accordance with all applicable laws and regulations.
(c) Take all necessary precautions to ensure the safety of yourself and others while using the item.
(d) Immediately notify Kuui of any defects, damage, or safety concerns related to the item.
(e) Return the item in the same condition as when hired, with normal wear and tear excepted.
(f) Comply with all terms and conditions set forth by the owner in the item listing.

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.

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.

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 reserve the right to 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 unless we can help, in that case we reserve the right to give guidance to improve the outcome.

(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.

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.

(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.

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.

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.

When a user has signed up for the Kuui platform, we will create and maintain an account for You from which you shall pay Our fees where due. 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 two (2) years, any unused balance on Your account may be forfeited to Us and Your membership may be suspended or terminated.

5.1 User Pricing Structure

Kuui is committed to providing a transparent and fair pricing structure for all users of its platform. This User Pricing Structure outlines the fees and charges associated with listing, renting, and using the Kuui platform.

a. Commission

Kuui takes a commission of 9% of the hire price of each item rented through the Kuui platform. This commission is deducted from the hirer's payment before the remaining funds are disbursed to the Owner. For example, if an item is rented for $100, Kuui will take a $9.00 commission and the Owner will receive $91.

b. Chargeback Fee

In the event of a chargeback, which is a dispute over a transaction, Kuui charges a fee of $15. This fee is deducted from the Owner's account to cover the costs associated with processing the chargeback. Chargebacks can occur for a variety of reasons, such as fraud, unauthorized use of a credit card, or dissatisfaction with the product or service.

c. Future Earnings Deduction

If money is owed to Kuui for any reason, such as an unpaid fee or a chargeback, the funds may be deducted from any future earnings accrued by the retailer on the Kuui platform. This means that even if a retailer has already earned money from renting out their items, Kuui may deduct money from those earnings to cover any outstanding debts.

d. Pricing Changes

Kuui reserves the right to modify its pricing structure at any time. Any changes to the commission rate or chargeback fee will be communicated to users in advance and will take effect on the specified date. This allows users to plan for any changes in fees and adjust their pricing strategies accordingly.

e. Acceptance of Pricing Structure

By using the Kuui platform, retailers agree to the User Pricing Structure as outlined in these terms and conditions. This means that retailers accept the commission rate, chargeback fee, and other fees associated with using the platform.

f. Contact Information

If you have any questions about Kuui's User Pricing Structure, please contact us at support@kuui.com.au

6. Settlement Process

a. Payment Processing

Users can make a payment using any of the following methods;

- Card (credit or debit)
- PayTo
- PayID

Once a hirer initiates a payment for an item rental on the Kuui platform, the payment request is sent to the owner of the item. The owner has the option to accept or decline the payment request.

b. Payment Acceptance
If the owner accepts the payment request, Kuui's third-party payment gateway will process the payment and settle the funds into Kuui's merchant account. This typically occurs within a few minutes of acceptance.

c. Hire Period Commencement
Once the hire period commences, Kuui will hold the payment until 24 hours have passed to allow for any potential disputes from the hirer.

d. Payment Disbursement to Owner
After 24 hours have passed since the commencement of the hire period, Kuui will disburse the payment to the owner of the item. The funds will be settled into to the owner's designated bank account within 1-3 business days.

e. Hirer Dispute Resolution
Within 24 hours of the commencement of the hire period, the hirer has the right to dispute the transaction and request a partial or full refund. If the hirer initiates a dispute, Kuui will investigate the matter and make a determination based on the relevant terms and conditions.

f. Payment Cancellation and Notification
If the owner declines the payment request or if the hirer successfully disputes the transaction, Kuui will cancel the payment process and notify both parties of the unsuccessful transaction.

g. Transparency and Communication
Kuui strives to maintain transparency and clear communication throughout the settlement process. Users will receive notifications at each stage of the process, including payment processing, hire period commencement, payment disbursement, and dispute resolution outcomes.

h. Contact Information
If you have any questions about Kuui's settlement process, please contact us at support@kuui.com.au

7. 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.

8. Website/Application Access
Subject to these Terms of Use, Kuui grants You permission to use the Website and the Application.

9. 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.

10. Privacy Policy
Our Privacy Policy, which sets out how we will use your information, can be found at www.kuui.com.au/privacy-policy

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.

11. 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:

as necessary to provide the Services;
to Kuui personnel and any service provider that Kuui works with where necessary to operate the Services;
if the relevant person has given Kuui permission to do so;
in accordance with Our Privacy Policy; or
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.

12. 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) You (Owner) List your item at your own risk
Kuui does not take responsibility for the accuracy, quality or workable function of the item or service provided on the platform. By agreeing to the terms and conditions, You are declaring that the item and/or service is accurate, in workable/useable condition, reflecting the description/images which are outlaid in your listing description.

Introduction

This Lend at Your Own Risk Policy ("Policy") applies to all users of the Kuui platform ("Users") who lend items ("Items") to other Users ("Hirers"). By listing an Item, User agrees to be bound by this Policy.

Acknowledgement of Risk

User acknowledges and agrees that:

Kuui does not verify the accuracy of Item listings. You are solely responsible for ensuring the information in your listing is true and accurate.
Kuui does not hold any responsibility for the condition of your Item. You are responsible for maintaining your Item's functionality and safety.
By listing your Item, you confirm it is in good working condition and suitable for its intended purpose to the best of your knowledge.
You assume all risk associated with lending your Item, including the risk of damage, loss, or misuse.

Listing Responsibility

User agrees to:

Honestly describe your Item's condition, including any defects or limitations.
Provide accurate and up-to-date information in your listing, including photos and descriptions.
Promptly update your listing if the Item's condition changes.
Ensure your Item complies with all applicable laws and regulations.

Misrepresentation and Removal

User understands that listing an Item that is not fit for purpose or inaccurately described may lead to:

Removal of the Item from the platform.
Removal of User from the platform.
Legal action against Owner by a Hirer.

Transactions and Hirer Misconduct

Transactions conducted through Kuui are solely between User and Hirer. User acknowledges that Kuui:

Takes no responsibility or liability for any Hirer misconduct, including damage or loss to your Item.
Cannot guarantee the safety or suitability of the Hirer.

Limitation of Liability

In the event that Kuui is found liable for any claim arising from the lending of your Item, User agrees that Kuui's maximum liability shall be limited to the total amount paid by the Hirer for the hire of the Item.

Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or relating to this Policy shall be settled by [arbitration/mediation/court action].

Entire Agreement

This Policy constitutes the entire agreement between User and Kuui regarding the lending of Items. Any prior or contemporaneous communications, representations, or agreements, whether oral or written, are superseded by this Policy.

Amendment

Kuui reserves the right to amend this Policy at any time by posting the amended Policy on the platform. User's continued use of Kuui after such posting shall constitute acceptance of the amended Policy.

(d) You (Hirer) Hire at your own risk

Introduction

This Hire at Your Own Risk Policy ("Policy") applies to all users of the Kuui platform ("Users") who hire items ("Items") from other Users ("Owner"). By hiring an Item, User agrees to be bound by this Policy.

Acknowledgement of Risk

User acknowledges and agrees that:

Use of any Item involves inherent risks, including the risk of injury, death, or property damage.
Kuui does not warrant the safety, suitability, or fitness for purpose of any Item.
The sole responsibility for ensuring the safe and appropriate use of an Item lies with User.
User assumes all risk associated with hiring and using an Item, regardless of cause.

Waiver of Liability

User hereby waives and releases Kuui, its directors, officers, employees, agents, and affiliates (collectively, "Kuui Parties") from:

Any and all liability for any injury, death, or property damage caused by the use, misuse, or accident involving an Item during the hire period.
Any claims, demands, losses, costs, or expenses (including attorney's fees) arising from or related to User's hire and use of an Item.

User Responsibility

User agrees to:

Inspect the Item thoroughly before hiring it to ensure its safety and suitability for User's intended purpose.
Use the Item only for its intended purpose and in accordance with all applicable laws and regulations.
Take all necessary precautions to ensure the safety of themselves and others while using the Item.
Immediately notify Kuui of any defects, damage, or safety concerns related to the Item.
Return the Item in the same condition as when hired, with normal wear and tear excepted.
Comply with all terms and conditions set forth by the Hiree in the Item listing.

Limitation of Liability

In the event that Kuui is found to be liable for any claim arising from the use of an Item, User agrees that Kuui's maximum liability shall be limited to the total amount paid by User for the hire of the Item.

Governing Law and Dispute Resolution

Entire Agreement

This Policy constitutes the entire agreement between User and Kuui with respect to the hire of Items. Any prior or contemporaneous communications, representations, or agreements, whether oral or written, are superseded by this Policy.

(e) Kuui is not liable for any Consequential Loss arising out of or in any way connected with Kuui's Services.

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

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;

(g) 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.

13. Prohibitions

(a) You must not misuse the Website and the Application. You must not:

(b) commit or encourage a criminal offence;

(c) 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;

(d) take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

(e) hack into any aspect of the Services; corrupt data; cause annoyance to other users;

(f) 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;

(g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(h) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website and/or the Application;

(i) bypass our robot exclusion headers or other measures We may use to prevent or restrict access to the Website and/or the Application.

13.1 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.

The following contents are prohibited on the Website and/or the Application:

(a) 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

(b) misleading or/and deceptive or defamatory contents; and

(d) contents related to any unlawful activities.

14. 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.

15. Specific Clauses/ Policies for Lenders

Lenders can choose one of four (4) options for the cancellation policy offered to the hirer.

No Cancellation Policy.
- Full refund up until reservation
Flexible Policy.
- Hirer can cancel until 24 hours before check-in for a full refund and the Owner will not be paid;
- There will be a 50% refund to the hirer if more than 24 hours until commencement of reservation.
Moderate Policy.
- Borrower can cancel until 5 days before check-in for a full refund and the Owner will not be paid;
- There will be a 50% refund to the hirer if more than 5 days until commencement of reservation.
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 has commenced, the Hirer’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 Owner.

16. 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.

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.

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.

17. Insurance

(a) Kuui advises that insurance should be taken out on the item/service You are providing for hire.

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.

(b) Kuui will refer users to CGIB if they choose to obtain a quote on their item or services listed on the platform.

18. 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.

19. Copyright

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.

20. Disclaimer of Liability

(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.

21. 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.

22. 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.

23. 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.

24. Variation

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.

25. 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.

26. Risk and Fraud Detection and Monitoring Procedure

(a) Introduction

Kuui is committed to protecting its users from financial losses and reputational damage caused by fraud. This policy outlines the procedures we take to identify, prevent, and detect fraud.

(b) Risk Assessment

The first step in risk and fraud detection and monitoring is to conduct a risk assessment. This assessment should identify the types of fraud that Kuui is most vulnerable to, as well as the factors that could increase the risk of fraud. The assessment should also consider Kuui's existing controls and identify any gaps that need to be addressed.

There are a number of different methods that can be used to detect fraud. These methods can be broadly divided into two categories: preventive and investigative.

Preventive Methods

Preventive methods are designed to prevent fraud from occurring in the first place. The methods that Kuui utilises include:

Establishing clear policies and procedures.
Training employees to identify and report fraud.
Implementing fraud detection software.
Conducting regular reviews of transactions.

Investigative Methods

Investigative methods are used by Kuui to detect fraud that has already occurred. These methods may include:

Reviewing transactions for suspicious activity.
Interviewing employees and customers.
Conducting forensic investigations.

(d) Fraud Monitoring

Fraud monitoring is the ongoing process of detecting and preventing fraud. This process should be tailored to the specific risks of Kuui. Some common fraud monitoring activities undertaken by Kuui include:

Reviewing transactions on a regular basis.
Looking for patterns or anomalies that may indicate fraud.
Following up on suspicious activity.

(e) Fraud Reporting

Kuui has a policy for reporting fraud. This policy should outline the steps that employees should take if they suspect fraud. Kuui should also report fraud to the appropriate authorities, such as the police, ASIC or AUSTRAC.
Kuui is a proud and registered reporting entity with AUSTRAC, Australia's financial intelligence unit, under the registered ID AAN 100849455. This means we're actively involved in the national effort to combat money laundering and terrorism financing. We take this responsibility seriously and believe it's crucial to upholding the integrity of our platform and the financial system as a whole.

(f) Fraud Prevention and Mitigation

There are a number of things that Kuui will do to prevent and mitigate fraud. These include:

Implementing strong internal controls.
Raising awareness of fraud among employees.
Establishing a culture of integrity and compliance.
Having a plan for responding to fraud.
Training;

Kuui will provide training to its employees on fraud detection and prevention. This training will cover the risks of fraud, the methods used to detect fraud, and the procedures for reporting fraud.

(g) Communication

Kuui will communicate its anti-fraud policies and procedures to its employees, customers, and other stakeholders. This will help to ensure that everyone is aware of the risks of fraud and the steps that can be taken to prevent it.

(h) Review

Kuui will review its risk and fraud detection and monitoring procedures on a regular basis to ensure that they are effective in preventing and detecting fraud.

(i) Contact Information

If you have any questions about Kuui's risk and fraud detection and monitoring procedures, please contact us at support@kuui.com.au

27. Data Protection

(a) Introduction

Kuui is committed to protecting the personal data of its users. This policy outlines our practices for collecting, using, and storing personal data.

(b) Personal Data

Personal data is any information that relates to an identified or identifiable individual. This includes information such as:

Name
Address
Phone number
Age Range
Email address
Government-issued ID
Payment information

(c) Collection of Personal Data

We collect personal data from our users in a number of ways, including:

When users register for an account
When users make transactions on our platform
When users contact us for customer support

We may also collect personal data from third-party sources, such as social media platforms.

(d) Use of Personal Data

We use personal data to:

Provide our services to our users
Improve our services
Market our services to our users
Comply with applicable laws and regulations

We will not sell or rent personal data to third parties.

(e) Storage of Personal Data

We store personal data on secure servers. We take appropriate security measures to protect personal data from unauthorized access, use, disclosure, alteration, or destruction. Our servers are with AWS and are based in Sydney.

(f) Sharing of Personal Data

We may share personal data with third-party service providers who help us operate our business. These service providers are required to protect personal data from unauthorized access, use, disclosure, alteration, or destruction.

We may also disclose personal data to the authorities if we are required to do so by law or if we believe that it is necessary to protect our rights or the rights of others.

(g) Retention of Personal Data

We will retain personal data for the period of time that is necessary to fulfill the purposes for which we collected it. We may also retain personal data for a longer period of time if we are required to do so by law or if we believe that it is necessary to protect our rights or the rights of others.

(h) User Rights

Users have the following rights with respect to their personal data:

The right to access their personal data
The right to rectify their personal data
The right to erase their personal data
The right to restrict the processing of their personal data
The right to object to the processing of their personal data
The right to data portability

Users can exercise these rights by contacting us at support@kuui.com.au

(i) Contact Information

If you have any questions about our data protection policy, please contact us at support@kuui.com.au

(j) Changes to Our Data Protection Policy

We may change our data protection policy from time to time. We will notify users of any changes to our policy by posting the updated policy on our website.

(k) Additional Notes

We will comply with all applicable data protection laws and regulations.
We will take appropriate security measures to protect personal data.
We will respect users' rights with respect to their personal data.

28. Scheme and Regulatory Compliance Policy

(a) Introduction

Kuui is committed to complying with all applicable laws and regulations, including those relating to the Australian Consumer Law (ACL), the Privacy Act 1988 (Cth), and the Corporations Act 2001 (Cth).

(b) Purpose

This policy outlines Kuui's commitment to compliance with applicable laws and regulations. It also sets out the procedures for identifying, assessing, and managing compliance risks.

This policy applies to all Kuui employees, contractors, and agents.

(d) Compliance Approach

Kuui has adopted a risk-based approach to compliance. This means that we focus our compliance efforts on the areas where there is the greatest risk of non-compliance.

(e) Compliance Risks

The following are some of the key compliance risks that Kuui faces:

Consumer protection: Kuui must comply with the ACL, which prohibits misleading and deceptive conduct, unfair practices, and unconscionable conduct.
Privacy: Kuui must comply with the Privacy Act, which regulates the collection, use, and disclosure of personal information.
Corporate governance: Kuui must comply with the Corporations Act, which sets out the duties and responsibilities of company directors and officers.

(f) Compliance Procedures

Kuui has implemented a number of procedures to identify, assess, and manage compliance risks. These procedures include:

Risk assessment: Kuui conducts regular risk assessments to identify and assess the potential for non-compliance.
Compliance training: Kuui provides compliance training to all employees, contractors, and agents.
Compliance monitoring: Kuui monitors its compliance performance on an ongoing basis.
Incident reporting: Kuui has a procedure for reporting compliance incidents.

(g) Compliance Responsibility

All Kuui employees, contractors, and agents are responsible for complying with applicable laws and regulations.

(h) Consequences of Non-Compliance

Non-compliance with applicable laws and regulations can have serious consequences for Kuui, including:

Financial penalties: Kuui may be fined or ordered to pay damages for non-compliance.
Reputational damage: Non-compliance can damage Kuui's reputation and make it difficult to attract customers and partners.
Legal action: Kuui may be sued by consumers, competitors, or regulators for non-compliance.

(i) Review

This policy will be reviewed on an annual basis or as required to reflect changes in applicable laws and regulations.

(j) Contact Information

If you have any questions about Kuui's Scheme and Regulatory Compliance Policy, please contact us at support@kuui.com.au

29.1 Anti-Money Laundering (AML), Counter-Terrorism Financing (CFT), and Know Your Customer (KYC) Policy

Kuui partners with a third party ID verification software provider. Users will be required to undergo a simple government ID verification check that will screen for AML, CFT and PEP as part of our KYC process. Scantek is based in Perth, WA.

(a) Introduction

Kuui is committed to preventing money laundering, terrorist financing, and other financial crimes. This policy outlines the steps we take to fulfill our AML/CFT/KYC obligations.

(b) AML/CFT Risk Assessment

Kuui has conducted a risk assessment to identify and assess the risks of money laundering and terrorist financing associated with our business. The risk assessment considered factors such as the nature of our platform, the types of transactions we facilitate, and the geographic locations of our users.

Kuui implements KYC procedures to verify the identity of our users. This includes collecting and verifying the following information:

Full name
Date of birth
Address
Phone number
Email address
Government-issued ID

(d) Transaction Monitoring

Kuui monitors transactions for suspicious activity. This includes analyzing transactions for patterns that may indicate money laundering or terrorist financing. We may also use specialized software to identify and flag suspicious transactions.

(e) Reporting Suspicious Transactions

Kuui is required to report suspicious transactions to the authorities. We will report any transaction that we believe may be related to money laundering or terrorist financing.

Procedure for Suspected Money Laundering or Terrorism Financing

Detection

Transaction monitoring systems and regular activity reviews aim to uncover:

Activity inconsistent with customer profile
Complex and abnormal transaction behaviors
High-risk attributes related to parties involved

Any identified red flags are investigated further to confirm money laundering/terrorism financing suspicion.

Initial Investigation

The Compliance Officer performs additional due diligence on the transaction, account history, and customer relationships to determine possible illicit activity. Information is analyzed to identify the source of funds, transaction purpose, legitimacy of counterparties, and other areas requiring clarification.

Escalation

Initial investigation findings are documented and escalated in a Suspected Money Laundering Report. This preliminary report is provided to senior management within 24 hours of first detecting the suspicious activity. It captures the transactions in question, suspicious attributes identified, and next investigation steps.

Expanded Investigation

Expanded transaction information and documentation may be gathered. This can include obtaining records directly from involved counterparties when necessary to clarify missing details.

Law enforcement databases are checked for further information on linked parties.

Suspicious Matter Reporting

If reasonable grounds exist to suspect money laundering or terrorism financing, this determination is reported to management.

A Suspicious Matter Report is filed urgently with AUSTRAC - either within 72 hours of initial detection or 24 hours of expanded investigation completion - whichever deadline occurs first.

Post-Reporting Review

Ongoing enhanced customer due diligence and scrutiny of transactions is applied to implicated customer accounts and related parties. Any recurrent suspicious transactions prompt escalation and new Suspicious Matter Reports when warranted.

(f) Training and Awareness

Kuui provides training to our employees on AML/CFT/KYC compliance. This training covers the risks of money laundering and terrorist financing, our KYC procedures, and our transaction monitoring procedures.
Kuui is a proud and registered reporting entity with AUSTRAC, Australia's financial intelligence unit, under the registered ID AAN 100849455. This means we're actively involved in the national effort to combat money laundering and terrorism financing. We take this responsibility seriously and believe it's crucial to upholding the integrity of our platform and the financial system as a whole.

(g) Recordkeeping

Kuui maintains records of all KYC and transaction monitoring activities. These records are kept for a period of time in accordance with applicable laws and regulations.

(h) Review and Update

Kuui regularly reviews and updates its AML/CFT/KYC policy to reflect changes in the law, regulation, and the risk profile of our business.

29.2 Kuui AML/CTF Program

Part A - General AML/CTF Risk Management

Risk Assessment

Kuui conducts an annual AML/CTF risk assessment to identify, analyze and evaluate money laundering and terrorism financing risks related to our services and customers. This assessment examines factors such as:

Services and products offered
Customer types
Geographical locations we operate in
Payment methods
Distribution channels
Business partnerships

The risk assessment is documented and approved by senior management.

Program Approval and Oversight

This AML/CTF program is approved by the CEO of Kuui. The CEO maintains active oversight of the program and ensures it aligns with Kuui's business objectives and risk appetite.

AML/CTF Compliance Officer

Luke Ridley, the CEO, serves as the AML/CTF Compliance Officer. The Compliance Officer is responsible for:

Developing AML/CTF policies, procedures and controls
Monitoring effectiveness of controls
Providing guidance about AML/CTF requirements
Required reporting to management and AUSTRAC

Employee Due Diligence

Background screening is conducted on all employees that have AML/CTF responsibilities to ensure they have the appropriate skills and expertise. Employees are screened for criminal records, financial sanctions or other issues that may impact their AML/CTF duties.

Training Program

All employees receive annual AML/CTF awareness training. Training covers money laundering and terrorism financing risks, client due diligence, monitoring and reporting obligations. Records of training completion are maintained.

Regulatory Guidance

Kuui regularly consults guidance from AUSTRAC and other regulators about AML/CTF risks and obligations related to our business activities and customer types. We incorporate this guidance into policies, procedures and controls as appropriate.

Reporting Systems

Kuui has implemented automated transaction monitoring systems and processes to detect suspicious activities. Designated employees review alerts and file suspicious matter reports as needed within regulatory timeframes.

Ongoing Customer Due Diligence

Kuui collects and verifies customer identity information during initial onboarding. We additionally perform ongoing monitoring of customer activity and refresh KYC data at least every 2 years. Enhanced due diligence is conducted for high risk customer types per our policies.

Independent Review

An independent audit of the AML/CTF program is conducted annually. Findings are reported to senior management along with remediation requirements for any identified deficiencies.

Reporting to Management

The Compliance Officer reports at least quarterly to the CEO and Board on:

Status of AML/CTF program execution
Progress remediating audit findings
Regulatory changes impacting requirements
Law enforcement requests received.

29.3 Part B - Customer Due Diligence

Customer Information

During onboarding, we collect the following information from business customers:

Business name
Business registration (ABN Search)
Name(s) of Business Owner(s)
Photo ID for verification (drivers license or passport)

For personal accounts, we collect:

Full name
Residential address
Date of birth (age range)
Photo ID for verification

Beneficial Ownership

Beneficial owners holding 25%+ ownership are identified for business accounts. Collected beneficial owner information includes:

Name
Residential address
Date of birth

Beneficial owner identities are verified through photo ID, company ownership records, or other independent sources.

Politically Exposed Persons

At onboarding, customers are screened against public PEP databases. Ongoing transaction monitoring also looks for connections to PEPs. Enhanced due diligence is performed for PEP relationships.

Handling Information Gaps

When a customer fails to provide required information, additional outreach is attempted through email and phone. Accounts are restricted from transactions until information gaps are resolved.

Enhanced Due Diligence

Additional KYC information and verification is collected for customer types deemed high risk, such as foreign PEPs, cash intensive businesses, or customers in high risk countries.

Contact Information

If you have any questions about our AML/CFT/KYC policy, please contact us at support@kuui.com.au

30. Complaints Handling Procedure

(a) Introduction

Kuui is committed to providing a high level of customer service and resolving any complaints promptly and fairly. This procedure outlines the steps involved in handling complaints from users of the Kuui platform.

(b) Submitting a Complaint

Users can submit a complaint to Kuui through the following channels:

Online form: A dedicated complaints form is available on the Kuui website www.kuui.com.au/contact
Email: support@kuui.com.au

Kuui will acknowledge receipt of all complaints within 24 hours. The acknowledgement will include a reference number and a summary of the complaint.

(d) Complaint Investigation

Kuui will investigate all complaints thoroughly and impartially. This may involve contacting the complainant for additional information, reviewing relevant documentation, and interviewing relevant personnel.

(e) Complaint Resolution

Kuui will aim to resolve all complaints within 10 working days. The resolution may involve providing an explanation, offering a remedy, or taking corrective action.

(f) Communication with Complainant

Kuui will keep the complainant informed throughout the complaints handling process. This includes providing updates on the progress of the investigation and informing the complainant of the final decision.

(g) Escalation

If a complainant is not satisfied with the resolution of their complaint, they can escalate it to the Kuui Complaints Resolution Manager. The Complaints Resolution Manager will review the complaint and make a final decision.

(h) External Dispute Resolution

If a complainant is still not satisfied after exhausting the internal complaints handling process, they may seek external dispute resolution through the Australian Consumer Law (ACL).

(i) Complaint Records

Kuui maintains records of all complaints for a minimum of 3 years. These records are used to monitor trends, identify potential issues, and improve complaint handling procedures.

(j) Commitment to Continuous Improvement

Kuui is committed to continuously improving its complaints handling process. This includes reviewing complaints feedback, identifying areas for improvement, and implementing changes as needed.

31. Dispute Resolution Procedure

(a) Introduction

Kuui is committed to resolving disputes with its users promptly and fairly. Although Kuui does reserve the right to exclude themselves from disputes between members, the following procedure outlines the steps involved in resolving disputes between Kuui and its users if needed.

(b) Attempting to Resolve Disputes Amicably

Kuui encourages users to attempt to resolve disputes amicably through direct communication. This may involve discussing the issue with the relevant Kuui representative or contacting Kuui's customer support team.

If direct communication is unsuccessful, Kuui may offer mediation as an alternative dispute resolution (ADR) method. Mediation is a facilitated process where a neutral third party helps the parties reach an agreement.

(d) Legal Action

If all other ADR (alternative dispute resolution) methods are unsuccessful, users may pursue legal action as a last resort. However, Kuui encourages users to explore ADR methods first, as they can be more efficient and cost-effective than litigation.

(e) Kuui's Commitment to Fairness

Kuui is committed to treating all users fairly and respectfully throughout the dispute resolution process. Kuui will strive to make decisions that are impartial and in line with its terms and conditions.

(f) Communication with Users

Kuui will keep users informed throughout the dispute resolution process. This includes providing updates on the progress of the dispute and informing users of any decisions made.

(g) Confidentiality

All information disclosed during the dispute resolution process will be treated as confidential. Kuui will not disclose any confidential information to third parties without the user's consent.

(h) Commitment to Continuous Improvement

Kuui is committed to continuously improving its dispute resolution procedures. This includes reviewing dispute resolution feedback, identifying areas for improvement, and implementing changes as needed.

32. BCP/Disaster Recovery Plan

(a) Introduction

Kuui is committed to ensuring the continuity of its operations and the protection of its users' data in the event of a disaster. This Business Continuity Plan (BCP)/Disaster Recovery Plan (DRP) outlines the procedures and protocols that Kuui will implement to respond to and recover from a disaster.

(b) Scope

This BCP/DRP applies to all Kuui systems, data, and processes. It covers a wide range of potential disasters, including natural disasters, cyberattacks, power outages, and hardware failures.

Kuui has established a disaster identification and notification process to ensure that potential disasters are identified and reported promptly. This process involves monitoring system performance, staying informed about current events, and receiving notifications from employees and stakeholders.

(d) Disaster Response

Upon identifying a disaster, Kuui will activate its disaster response team. The team will assess the severity of the disaster, determine the impact on Kuui's operations, and initiate the appropriate recovery procedures.

(e) Data Backup and Recovery

Kuui maintains regular backups of its data to prevent data loss in the event of a disaster. These backups are stored securely in geographically dispersed locations to ensure redundancy and availability.

(f) System Redundancy

Kuui employs a system of redundancies to minimize downtime and ensure the continuity of its services. This includes using cloud-based infrastructure, maintaining multiple data centers, and implementing failover mechanisms.

(g) Communication Plan

Kuui has a communication plan in place to keep its users, employees, and stakeholders informed during and after a disaster. The plan outlines the channels of communication, the frequency of updates, and the designated spokespersons.

(h) Business Continuity Testing

Kuui regularly conducts business continuity testing to ensure the effectiveness of its BCP/DRP. These tests involve simulating disaster scenarios and evaluating the ability of the organization to respond and recover.

(i) Review and Updates

Kuui reviews and updates its BCP/DRP regularly to reflect changes in technology, business operations, and potential threats. This ensures that the plan remains effective in addressing the evolving risks faced by the organization.

(j) Contact Information

If you have any questions about Kuui's BCP/DRP, please contact us at support@kuui.com.au

33. 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.

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.

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;

(a) Weapons.

Body armour and extendable batons, Chemical weapons, Electromagnetic Weapons, Knives and daggers, Warfare Goods and other Weapons.

(b) 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.

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.

(d) Hazardous goods.

Asbestos, Explosives, plastic, Hazardous waste, Mercury, Ozone depleting substances/ synthetic greenhouse gases, Pesticides and other hazardous chemicals, Polychlorinated Biphenyls, Terphenyls and Polyphenyls-Chemicals.

(e) Firearms.

Firearms and firearms parts, accessories and ammunition, Imitation firearms, Paintball markers, Soft air (BB) firearms.

(f) 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.

(g) Defence and Strategic goods.

Biological agents, Certain chemical compounds, Defence and Strategic Goods, Nuclear Material, Radioactive substances, Security Sensitive Ammonium Nitrate (SSAN).

(h) 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.

(i) 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

(j) Resources subject to product safety standards:
Resources may be publicly listed, but in Australia, the resources must meet product safety standards before you list them for hire.

Schedule 2

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) Owner.

The owner of the goods (or person with rights to lend or hire out) - referred to here as owner or lessor, and also known as hirer agent, manager, letter, bailor.

(b) Hirer.

The person who accepts possession of the goods for a period of time - referred to here as hirer or lessee, and also know as hiree, lettee, user, bailee.

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 Owner and the Hirer through Kuui.

Schedule 2.1 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.

(a) 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.

(b) 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).

(d) The Lender has a duty to warn of known defects or limitations of the goods.

(e) The Lender must expressly state any limitation on the use of the goods.

(f) 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.

(g) 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.

(h) Borrowers agree not to re-lend or re-hire any resources without the express written permission of the resource owner/manager.

(i) 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.

(j) Any exclusion of liability by the Borrower must be clear and unambiguous.

(k) 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.

(l) 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.

(m) 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.

(n) 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 Owner and Hirer 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.