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TERMS AND CONDITIONS
Payments must be made through biz the app (biz) to be covered by our terms and conditions.
Updated: March 2023
Key points:
RENTAL AGREEMENT
Our mission is to make turning your wardrobe into a biz as easy as possible.
In order to do so we have created a rental agreement based off our own rental experience, understanding terms and conditions of rental businesses and legal advice.
All users are subject to these terms and bound by this rental agreement.
Proof of Identification:
• A form of government-issued photo identification is required for all bookings.
• The ID must match the residential address provided.
• If you are under the age of 18, parental/guardian ID is required.
Payment:
• The full payment of the garment must be paid within the app in order for the booking to be confirmed.
• The rental period and price are for one day (If you require your outfit for longer than 1 night, please direct message @biztheapp prior to booking).
• All payments are made through our secure payment gateway: Stripe.
• Payment details are held within Stripe to allow for any additional charges to be invoiced to the borrower should they occur.
• A 10% fee is applied on successful transactions only and is deducted from the lender’s payout.
• Lenders will be paid once the item is marked as ‘returned’ in the app; this is to allow for any late fees/extra fees to be invoiced.
Postage:
• All rentals are to be made through postal service, and we recommend Australia Post.
• Borrowers cover the cost of postage.
• Lenders must send the item to ensure it arrives 1-2 business days before the event date; if the item does not arrive in time, the lender will be required to provide a full refund to the borrower.
• The service must include tracking and be lodged at a post office rather than a street box to avoid delays.
• If the item is not lodged at a post office and is lost, the lender is required to provide a full refund to the borrower.
• It is highly advisable for lenders to include a marked-up return satchel when posting the item.
Cleaning:
• Cleaning of items is not required by the borrower.
• This is to avoid any damage during the cleaning process.
• If any major stains or damages occurred during the rental, borrowers are to immediately take photos and contact @biztheapp with photos.
• Extra cleaning fees will apply if necessary and will be invoiced to the borrower.
Returns:
• Rental items are to be lodged at the post office the next business day after your event (if your event is a Friday or Saturday, this means the following Monday).
• It is highly recommended to include a return satchel to avoid error in addresses and potential delays.
• If a return satchel is not included, the borrower is to use Australia Post Express shipping (next business day) or an equivalent service.
• Returns must be lodged at a post office rather than in a street box.
• If the item is not lodged at a post office and is lost, then the borrower is required to pay full RRP of the item to the lender.
Late Fees:
• If rental items are not lodged at the post office by the next business day, a $10 (to the lender) + $5 (biz processing fee) per day will apply - this fee is subject to increase as the unreturned period increases.
• Additional charges will apply based on the length of non-return including coverage of any missed subsequent rentals.
Cancellation by Borrowers:
• If you need to cancel a rental, please contact @biztheapp or via email to arrange the cancellation.
• Rentals cancelled more than 14 days prior to the event date are eligible for a full refund.
• Rentals cancelled after this are entitled to a 50% refund only
Cancellation by Lenders:
• If you need to cancel a rental, please contact @biztheapp or via email to arrange the cancellation.
A cancelled rental by the lender is to be only under extreme circumstances which may include:
• Damage which places a garment in an unwearable or rentable condition.
• Lost or delayed garments.
• Major natural disasters.
• In all other circumstances, you will be invoiced to refund the customer + a 20% biz servicing and cancellation fee.
Condition:
• To ensure that all rental items are in the same condition when they are returned as when they were sent out
• We ask that both lenders and borrowers take photos of the item before and after the rental period
• Lenders should take photos before they send the item out
• Borrowers should take photos before and after their event.
Contact:
• To support our contactless experience, we have eliminated the need for pick-ups, try-ons or bonds.
• All messages and communications must be conducted via Instagram dm @biztheapp or via our email support@biztheapp.com
• We strictly prohibit taking rentals outside of the app to protect the security of our users and maintain the integrity of our rental agreements.
TERMS AND CONDITIONS
Please read these terms and conditions carefully before using the biz the app. These terms and conditions form a legally binding agreement between you and Double Chin Pty Ltd (ABN 20 006 753 635) trading under the business name “biz the app”and will be referred to as ”biz the app”, (“us”/ “we”/”biz”). By using biz, you accept these terms and conditions. If you do not agree to these terms and conditions, you must not use the biz the app and should delete the app from your device.
The biz app is a platform that allows individuals to lend and borrow clothing for a set period of time. This agreement is between the lender, who lists the item for rent, and the borrower, who rents the item. Biz the app does not offer any retail, rental or exchange services for clothing or other fashion items. We provide the biz app, website, and payment processing platform to facilitate the rental of clothing items collectively referred to as the "Service." We charge a 10% service fee for successful rental transactions only. biz the app can be downloaded in Australia on compatible devices through the Apple iTunes store.
To download and install the biz app, and open an account with us, you must be 18 years of age or older. If you are under 18 years of age, your parent or guardian will need to open an account and all transactions must be made through your parent/guardian's account. You acknowledge sole responsibility for and assume all risk arising from your use of the Biz App. You must ensure that your access to the Biz App and the Service is not illegal or prohibited by laws which apply to you. If accessing the App outside of Australia, you are responsible for complying with the laws of that country/jurisdiction.
To use the biz app, you must provide certain personal information. This information may be shared with the other user in the case of a dispute, such as a late return or damage to the item.
You agree to indemnify and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of: (a) your use of the biz app or the service; or (b) your breach of these terms and conditions. When borrowing or lending on the biz app, you agree to indemnify and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party arising from a breach of these terms and conditions by the Lender(s) of items that you advertise or rent through your account.
The borrower is responsible for returning the rented item(s) on time and in the same condition they were received. If the item is returned late or damaged, the borrower may be charged fees set by the lender for repairs, extra cleaning, or replacement. In the event that the item is not returned or paid for, we will provide all transaction details, including the borrower's contact information, to the lender for them to report the theft to the police.
If the item(s) are not returned by the due date, the lender may charge late fees until the item(s) are returned. If the item(s) are not returned within 14 days after the return date, it will be considered as a non-return and the borrower will be charged the replacement value of the item(s).
If the borrower has any outstanding debts to biz that are not paid on time, biz may take action by engaging a third-party collection agency. The borrower agrees to pay biz's costs of collection, including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees.
Upon receiving an item, the borrower should inspect it and contact biz within 12 hours via their support email if there are any issues with quality, damages, or sizing. As a lender, you agree that lending items is at your own risk and biz cannot guarantee successful recovery or return of the item(s). We will not provide any compensation in case of late returns. Risk and ownership of the item(s) always remains with the lender, biz does not take on any such responsibilities. We will do our best to assist in any rare instances of these cases.
We use Stripe as our payment gateway and all transactions are processed through Stripe, all payments are processed through Stripe. Card details are held on file until the booking is completed and may be used for outstanding payments.
a. All payments related to rental and service fees on the biz app will be processed through our secure payment gateway, Stripe. Your use of Stripe will be subject to their terms and conditions, which may be subject to change. biz the app is not responsible for any issues related to your use of Stripe.
b. Stripe may place a hold on funds held in the biz the app account in certain circumstances, such as suspected fraud, at its sole discretion. This may delay the release of funds to the lender. biz the app Pty Ltd will work with Stripe to resolve any delays as quickly as possible. However, if such a delay affects your account, biz is not required to release the balance of any rental price to you until the issue is resolved with Stripe.
c. To facilitate payment processing through Stripe, you agree to provide biz the app with accurate and complete contact and banking information, including name, address, email, bank account number, and BSB. You authorize biz the app to share this information with Stripe and for Stripe to share transaction information with us.
d. You also authorize biz to invoice you through Stripe in the event of damage caused to or non-return of an Item.
e. biz the app Pty Ltd will hold the rental price and additional fees until the end of the rental period agreed upon between the lender and borrower. Once the rental period ends, and the lender confirms receipt of the item, we will deduct our service fee and transfer the remaining funds to the lender.
f. biz the app Pty Ltd will instruct Stripe to release the funds to the lender once the item is confirmed as received. The release of funds may take 1-5 business days to be processed into the lender's bank account.
g. The borrower is required to pay the rental price and any additional fees into the biz the app account at the time of booking the rental item.
As a form of compensation for offering the Service to Lenders, biz the app charges a Service Fee for each rental transaction conducted through the biz App. This Service Fee is currently set at 10%. Please note that all Service Fees, as well as any additional charges for utilizing the biz App and Service, are non-refundable. The Service Fee is deducted from the rental listing price and is the responsibility of the Lender to pay. It is automatically deducted before pay-out to the lender. Please be advised that our Service Fees are subject to change and that biz the app Pty Ltd reserves the right to introduce new services and additional fees at any time.
We are not liable for any delays in postage at the fault of Australia Post/ other postage service.
Australian Consumer Law may impose certain consumer protection terms on these terms and conditions. In regard to such implied conditions, warranties, or guarantees, which we cannot legally exclude for the supply of:
Our liability is limited to the extent allowed by law, and at our discretion, to the replacement, repair, or resupply of the app.
The Services, our liability is limited to the extent allowed by law, and at our discretion, to a refund of the Service Fees to you.
To the maximum extent allowed by law, we shall not be liable to you or any other person for any loss or damage you incur or suffer, whether arising from contract, tort (including negligence), equity, statute, or any other cause of action, or otherwise, arising from or in connection with these terms and conditions, including your use of the biz App, the Service, any User Content, or any other content, information, products or services available on or from the biz App.
We shall not be liable to you or any other person for a breach of these terms and conditions or by another user or for the acts or omissions of other users. To the maximum extent allowed by law, we exclude all liability for any loss or damage you incur or suffer, whether arising from contract, tort (including negligence), equity, statute, or any other cause of action arising from or in connection with any Customer Agreement or other arrangement that you enter into using or that is facilitated by the biz App.
When uploading any photos, posting Listings, leaving reviews, or submitting any other type of material (referred to as "User Content"). By uploading User Content to the biz App, you acknowledge that it is non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose it to third parties for any purpose. We also have the right to reveal your identity to any third party who claims that User Content posted by you infringes their rights. We are not responsible or liable to any third party for the accuracy or content of any User Content submitted by you or any other user of the biz App. We reserve the right to remove any User Content at any time and without notice for any reason. We also reserve the right to remove Listings for any reason, including when we suspect a violation of these terms and conditions.
As a user of the biz App, you are solely responsible for all your interactions, with other users. We reserve the right to monitor disputes between Lenders and Borrowers and may request that you provide us and our agents with all reasonable assistance, at your cost, to investigate and resolve such disputes. If you have a dispute with another user, to the fullest extent permitted by law, you irrevocably release and discharge us (and our directors, officers, employees and agents) from all claims, demands, loss and damages of every kind and nature that arise out of or in connection with such dispute. If an item is not returned or paid for, biz will provide all details of the transaction, including the customer's phone number and ID verification, to the Lender so that the theft can be reported to the Police.
We do not offer clothing rental or exchange services. Our role is limited to providing the biz App and the Service to facilitate rental agreements between users. We do not act as a party or agent in any rental agreement. We do not verify, monitor or guarantee the accuracy of the information provided by Lenders on the biz App, including the condition of items listed. We cannot be held responsible for any loss or damage incurred as a result of relying on the accuracy of this information. We do not take responsibility for any delays in delivery or unattended goods caused by unsecured shipping addresses provided by you. The same applies to any postage-related issues. We do not conduct any suitability checks on Customers, and we cannot be held responsible for any loss or damage suffered by Lenders as a result of renting items. We do not guarantee that a borrower will maintain the condition of a rented item or return it at the end of the agreed rental period. You agree to not rely on information obtained through the biz App, and to make your own independent assessments prior to entering into a rental agreement with any other Member. We do not provide any warranty regarding the accuracy of information posted by Members, and in particular, we cannot guarantee that the description of items in listings is accurate or truthful. We are not responsible for any sales or income tax reporting related to goods offered for rent or sale on our platform.
We reserve the right to amend these terms and conditions from time to time. Your continued use of the app following such notification will represent agreement by you to be bound by these terms and conditions, as amended. We may at any time terminate your Account and your ability to use the biz App, if you fail to comply with these terms and conditions.
These terms and conditions are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.
1.1. This web site and mobile app are licensed and operated by Double Chin Pty Ltd (ABN 20 006 753 635) trading under the business name “biz the app”and will be referred to as ”biz the app”, “We”, “our” and “us” in this privacy policy. We reserve the right, at our discretion, to modify or remove portions of this privacy policy at any time. This is in addition to our terms and conditions. Please refer to the effective date at the top of this page.
It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
We recognise the importance of protecting the privacy of information collected about visitors to biz the app, in particular, information that is capable of identifying an individual (“personal information”).
We have adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
a) Providing the system and services that we offer
b) The normal day-to-day operations of our business.
1.2. This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
1.3. By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.
2. WHO AND WHAT THIS POLICY APPLIES TO
2.1. Our Privacy Policy deals with how we handle “personal information” as it is defined in the Privacy Act (Personal Information).
2.2. We handle Personal Information in our own right and also for and on behalf of our customers and users.
2.3. Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies that we store.
2.4. The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hard copy.
2.5. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
2.6. Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in its sole discretion, refuse to offer access to or use of the Sites to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions. Individuals under the age of 18 must at all times use our services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities
3. THE INFORMATION WE COLLECT
3.1 In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
a) Personal Information. We may collect personal details such as an individual’s name, location, date of birth, and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;
b) Contact Information. We may collect information such as an individual’s email address, telephone number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
d) Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.
3.2. We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.
3.3. We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. This may include their IP address and use of cookies. Where non-Personal Information is collected, the Australian Privacy Principles do not apply.
4. HOW INFORMATION IS COLLECTED
4.1. Most information will be collected in association with an individual’s use of biz the app, an enquiry about biz the app or generally dealing with us. However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected when an individual submits their details to open an account with us
4.2. As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
5. WHEN PERSONAL INFORMATION IS USED & DISCLOSED
5.1. In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected without the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.2. We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
5.3. If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
5.4. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
5.5. Information is used to enable us to operate our business,especially as it relates to an individual. This includes:
a) The provision of goods and services between an individual and us;
b) Verifying an individual’s identity;
c) Communicating with an individual about:
i. Their relationship with us;
ii. Our goods and services;
iii. Our own advertising, marketing and promotions to customers and prospects;
iv. Competitions, surveys and questionnaires;
d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
e) As required or permitted by any law (including the Privacy Act).
5.6. There are some circumstances in which we must disclose an individual’s information:
a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
b) As required by any law (including the Privacy Act); and/or
5.7. We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.
6. REGISTRATION - OPTING “IN” OR “OUT”
6.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
6.2 Registration is completely optional. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. Registration may include submitting your name, email address, address, telephone numbers,option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account. Your use of biz the app will be limited and restricted without registration.
a) Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
b) Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
6.3. If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us via the contact details below.
7. THE SAFETY & SECURITY OF PERSONAL INFORMATION
7.1. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
7.2. In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical. We use secure SSL encryption to store and transfer Personal Information. Despite this,the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
7.3. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
7.4. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7.5. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
8. CONTACTING INDIVIDUALS
8.1 From time to time, we may need send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
9. PAYMENT PROVIDER
9.1 All payments are processed out of biz the app to Stripe whereby users are subject to their terms and conditions, policies and procedures. By processing payments within ‘biz the app’ you agree to Stripe’s terms and conditions and privacy policy: https://stripe.com/au/privacy
10. DISCLOSURE
10.1 Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property,users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
10.2 We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
11. ACCESS TO INFORMATION
11.1 We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.If at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
11.2 Employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
PROBLEMS OR QUESTIONS
If we become aware of any ongoing concerns or problems with biz the app, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, please contact us. For more information about privacy issues in Australia and protecting your privacy, can be found at the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/.
MODIFICATIONS
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy. If we decide to change this Privacy Policy, we will post the changes on our webpage at www.biztheapp.com. Please refer back to this Privacy Policy to review any amendments.
If you have any questions or concerns, please contact us at:
support@biztheapp.com
