PILOT AGREEMENT TERMS AND CONDITIONS

1.        About these terms

1.1.      This Pilot Agreement (“Pilot Agreement”) is entered into between Owners and Users (together, “you”) and Benyfit Pty Ltd (ABN 93 675 296 465) (“Benyfit”, “us”, “we”or ‘our”) and govern your use of BENYFIT APP / BENY-FIT.COM (the Website) and the rental services (Services) offered on the website.

1.2.      The Website is owned and operated by Benyfit.

2.        Agreement to terms

2.1.      By using the Website, including by accessing, using or downloading any information and/or materials, or by registering for any Services, you agree to follow and be bound by the terms of this Pilot Agreement as they apply from time to time. If you cannot agree to comply with these terms and their requirements, please do not use the Services and exit the Website.

2.2.      The Website and the Services are intended and only suitable for individuals 18 years of age and above.

3.        Account profiles

3.1.      To use the Website, you must register and set up account, which will include your name, address, email address, phone number, bank details and a password (Account).

3.2.      By registering an Account with Benyfit you confirm that you have provided accurate, current and complete information as part of the registration process. You are responsible for maintaining all information regarding your Account. Benyfit does not take any responsibility for any activities that happen under your Account and requires that you notify Benyfit of any unauthorised use of your Account.

3.3.      Benyfit reserves the right to suspend or cancel your Account and your access to the Website, if you are suspected of providing false information, or your Account is inaccurate, not current or incomplete.

3.4.      When you create an Account, we may require you to verify your identity.

3.5.      You agree to provide any information Benyfit may reasonably require in order for us to provide you with the Services.

3.6.      Benyfit may accept or reject any request for your Account registration at our sole discretion.

3.7.      Benyfit will monitor and review all conduct of Accounts and reserves the right to cancel any Account on suspicious of misconduct, fraudulent behaviour or inappropriate conduct.

3.8.      Benyfit is not responsible and cannot be liable for the acts or omissions of Users or Owners. By engaging with the Website, you agree that Benyfit is no way an agent or representative of any User or Owner.

4.        Owner’s Obligations

4.1.      In order to list any Goods as available for lease on the Website, you must create a listing for the particular Good that includes all listing requirements as stated on the Website, including but not limited to the Listing Price and a detailed description of the Good including its current condition and existing defects and photographs showing the Full Condition of the Good (Listing Requirements).  All Owners must take before and after photographs of the Good (via the Website functionality) to demonstrate the Full Condition of the Good at the time of pick-up and return of the Good to avoid disputes regarding release of the Bond. Any photographs not taken and uploaded via the Website functionality will not be admissible for the purpose of demonstrating the Full Condition of the Good.

4.2.      The Listing Requirements of each Good must be accurate, complete, up–to-date and truthful to the best of the Owner’s knowledge and belief and must not otherwise misrepresent the standard and/or condition of the Good. Accordingly, the Owner must regularly review the Listing Requirements to ensure they are accurate.

4.3.      The Owner is responsible for determining the Listing Price in respect of each Good.

4.4.      The Owner must immediately notify Benyfit if a Good is not returned in Full Condition, otherwise a Good will be taken to have been returned in Full Condition if a User returns the Good within the stipulated Return Window.

4.5.      In the event that the Good becomes unavailable for any reason, the Owner agrees to remove or suspend the relevant listing as soon as reasonably practicable.

5.        User’s Obligation’s

5.1.      In order to successfully lease a Good, all Users must complete a full checkout via the Website and make full payment of the applicable Fee.

5.2.      When the Good is in the User’s possession, the User must use and care for the Good with an acceptable level of care and skill, and take all necessary care to avoid loss or damage to the Good.

5.3.      The User must comply with all conditions of the relevant listing, including but not limited to general use of the Good and return of the Good within the stipulated Return Window. If a User fails to return a Good in Full Condition within the stipulated Return Window, the User shall forfeit any Bond paid and may be liable to the Owner for any associated loss or damage.

5.4.      All Users must take before and after photographs of the Good (via the Website functionality) to demonstrate the Full Condition of the Good at the time of pick-up and return of the Good to avoid disputes regarding release of the Bond. Any photographs not taken and uploaded via the Website functionality will not be admissible for the purpose of demonstrating the Full Condition of the Good.

6.        Fees

6.1.      The User must pay the relevant Fee to Benyfit using an Approved Payment Method.

6.2.      The Bond is included in the relevant Fee payable by the User. The Bond shall be held in an escrow account managed by Benyfit and will be released to the User once the Owner of the relevant Good is in receipt of the Good from the User and has otherwise confirmed the Good to be in the same condition as it was at the time the Good was listed. Benyfit is not responsible for any shortfalls to cover damage incurred to Goods should the Bond be insufficient to cover any damage. In the event the Owner disputes the condition of the Good returned by the User, Benyfit will act as an intermediary party and attempt to resolve the dispute amongst the Owner and the User. Benyfit will rely only on images and documents pertaining to the relevant Good (as uploaded via the Website in accordance with the listing and leasing conditions set out in these terms) to enable it to facilitate a dispute resolution as between the Owner and the User. In the event that Benyfit is unable to assist in the dispute resolution, we will notify both the Owner and the User and advise we will release the Bond to the User within 60 Business Days. The Owner and the User must then resolve any ongoing dispute.

6.3.      Benyfit shall pay any applicable Service Fee directly to the Owner once the Good is returned by the User in Full Condition in accordance with clause 4.4.

7.        Benyfit’s Obligations

7.1.      Benyfit will provide reasonable technical support for the Website where necessary.

7.2.      Benyfit has no obligation to develop or provide any updates or revisions to the Website, and Benyfit reserves the right to alter or adjust performance specifications for the Website as we deem necessary or desirable.

8.        Proprietary Rights

8.1.      The Website and all associated documents and information thereof, are proprietary to and the property of Benyfit. All applicable rights in all copyrights, trade marks, trade secrets, trade names, patents and other intellectual property rights in or associated with the Website are and will remain vested in Benyfit and you shall have no such intellectual property rights in such materials.

8.2.      You acknowledge and agree that any feedback, ideas, modifications, suggestions, improvements, and the like made by you with respect to the Website will be the property of Benyfit (“Supportive Information”). You agree to assign, and hereby assign, all right, title, and interest worldwide in the Supportive Information and the related intellectual property rights to Benyfit. Benyfit may disclose or use Supportive Information for any purposes whatsoever without any obligation to you.

9.        Disclaimer of Warranty

9.1.      By its nature, the Website may contain errors, bugs and other problems that could cause system failure and the testing and quality assurance of the Website may not yet be completed. Because the Website is subject to change, Benyfit reserves the right to alter the Website (including the fees payable by you) at any time. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that the Website is not considered by Benyfit to be suitable for commercial use, and that it may contain errors affecting their proper operation.

9.2.      You accept the Website “as is”. Benyfit makes no warranty of any kind regarding the Website. Benyfit hereby expressly disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third parties’ rights.  Neither Benyfit nor its licensors warrant that the Website will meet your requirements, that the operation of the Website will be uninterrupted or error-free, or that defects in the Website will be corrected.

10.      Termination and expiry

10.1.    Benyfit may terminate this Pilot Agreement at any time by giving notice to you.

10.2.    If this Pilot Agreement is terminated in accordance with clause 10.1, any:

(a)   obligations of the parties under this Pilot Agreement immediately cease;

(b)   amounts held in escrow by Benyfit will be released to the relevant party as soon as possible and in any event within 30 Business Days; and

(c)    all Accounts will be deleted and any associated data shall be destroyed.

10.3.    In the event of expiry or termination, each party retains the rights and liabilities which accrued prior to such expiry or termination.

11.      Modifications and amendments

11.1. Information on the Website is provided “as is” with all faults. You use the information on the Website at your own risk. Information on the Website may contain errors, omissions, or typographical errors (“typos”) or may be out of date.

11.2. We may amend this Pilot Agreement at any time by posting the amended terms on the Website and you are responsible for regularly reviewing those modifications. All amendments will automatically be effective 30 days after they are initially posted on the Website. Your use of the Website following the effective date of any modifications will constitute your binding acceptance of those modifications.

12.      General

12.1. These terms are governed by the laws of New South Wales, and each party agrees to submit to the non-exclusive jurisdiction of the courts of that state.

12.2. These terms, together with the Waiver Policy constitute the entire agreement between you Benyfit with respect to the Website and supersede all prior agreements and understandings about the Website between you and Benyfit.

13.      Definitions

13.1.    Approved Payment Method means authorised payment via credit or debit card.

13.2.    Bond means 50% of the total Listing Fee.

13.3.    Booking Fee means 10% of the total Listing Fee.

13.4.    Business Days means a day on which banks are open for general banking business in Sydney, excluding Saturdays, Sundays or public holidays in Sydney.

13.5.    Fee means the relevant Listing Price, the Booking Fee, the Service Fee and the Bond.

13.6.    Full Condition means the agreed condition of the Good as described, documented and listed by the Owner on the Website prior to a User’s rental of that Good.

13.7.    Goods means any item listed by an Owner on the Website which is available to be leased by a User, and Goods has the corresponding meaning.

13.8.    Listing Fee means the fee payable in respect of the relevant Goods (as advertised by the Owner on the Website).

13.9.    Owner means any owner of a Good creates an Account for the purpose of listing that Good via the Website, and Owners has the corresponding meaning.

13.10.  Return Window means the timeframe stipulated in the listing on the Website in which the User must return the Good to the Owner.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
info@beny-fit.com
Suite 4, 34 Belgrave St, Manly, NSW

You can also contact us through the feedback form available on our Site.