Terms & Conditions
Last updated: June 25, 2019
1. APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a: You agree to these Terms, and confirm you have read and will comply with the Owner and/or Renter Expectations referred to in clause c. below; and
b: Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
1.3 The Website, applications and services are intended to link willing owners of equipment with willing renters. We cannot and do not control the content or suitability of any gear, and therefore are not responsible for, and disclaim any liability in relation to the listing and rental of such gear.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on June 25th, 2019.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Gearbear.co.nz
Website means gearbear.co.nz or any related domains to Gearbear.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a: Not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b: Immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
4.3 You must:
a: Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b: Unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. These Terms and Conditions permit you to use the Website for private, non-commercial use only.
The Website may also contain rental listings, member profiles, message boards, chat rooms, blogs, comments and social media links that are contributed by users. By providing any such user contributions, you grant us the right to use, reproduce, display and distribute this material. You understand and acknowledge however that you are solely responsible for this material.https://gearbear.co.nz/
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a: The Website being unavailable (in whole or in part) or performing slowly;
b: Any error in, or omission from, any information made available through the Website;
c: Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d: any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 Any user contributions of material supplied by yourself as described in clause 5 above, or by other users that you have relied on as either an owner or renter of gear.
6.3 Although we advise on insurance options, and can connect users to insurance companies, we are not licensed to insure users and cannot be regarded as having managed your insurance matters. We therefore accept no responsibility for any insurance issues that may arise from your use of the Website.
6.4 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a: You access and use the Website at your own risk; and
b: We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Gearbear.co.nz is a service that simply connects owners of equipment with people who want to rent this equipment. We therefore take no responsibility for any losses resulting from rental arrangements made through the Website. Accordingly, it is up to you to insure this equipment, and/or its use against any damage. loss or potential liability that might result from its use.
7.3 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD:500.
7.4 To the maximum extent permitted by law and only to the extent clauses 7.1,7.2 and 7.3 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD:500.
8. SUSPENSION AND TERMINATION
8.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
8.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
9.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
9.3 For us to waive a right under these Terms, the waiver must be in writing.
9.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 9.1, continue in force.
9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
9.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms
10.1 A 15% deposit is required by the renter to confirm any booking. This must be paid through a New Zealand registered credit card.
10.2 The deposit will be held by accounts department at Gearbear.co.nz until the booking is complete or until it needs to be refunded. If the booking is successful, the deposit will taken by Gearbear.co.nz as a fee. Please see sections 11, 12 & 13 for more information on refunds.
11. CANCELLATIONS & REFUNDS
11.1 There is a 48 hour no-cancellation period for renters. This means if a renter cancels within 48 hours of a scheduled pickup time, their 15% deposit will be paid to the owner of the equipment.
11.2 If a renter cancels more than 48 hours from the scheduled pickup time of the booking, the 15% deposit will be refunded.
11.3 If the owner cancels at anytime, the 15% deposit will be refunded to the renter.
11.4 Pickup times are based on the pickup time electronically selected in the booking system. This translates to 6am for AM pickups and 5pm for PM pickups.
11.5 Outside of clauses 11.1, 11.2, 11.3 & 11.4, the renter and owner are entitled to cancel a booking at anytime without any liability of any kind including loss of income caused by the cancelled booking.
11.6 Gearbear.co.nz is also not liable for any loss of income resulting from cancelled bookings. Please see clause 7.1b.
11.7 If a deposit is due to the owner, it is required that the owner fill out the ‘claim deposit’ form so Gearbear.co.nz can refund the amount due to the correct bank account. Gearbear.co.nz will hold this deposit for a period of 90 days. If not claimed within 90 days, Gearbear.co.nz holds the right to keep these funds.
11.8 If a cancellation is made during a live booking, meaning the period after the pickup time and before the drop off time, the deposit will be held by the accounts department at Gearbear.co.nz until a decision is made on which party the deposit should get refunded to. As a mediator, Gearbear.co.nz holds the right to decide the outcome of this process and will do its best to make a fair decision based on which party has broken the Terms & Conditions and / or the Owner & Renter Expectations.
12.1 Gearbear.co.nz takes 15% of all bookings as a fee.
12.2 This fee is only confirmed once the booking has been successfully completed.Otherwise the 15% is refunded to either the renter or owner depending on the circumstances stated in section 11
13.1 The Website and content have been prepared in accordance with the requirements of New Zealand law. These terms and any matters or disputes associated with the Website will be governed by New Zealand Laws and subject to the jurisdiction of New Zealand courts.