FREER TERMS OF USE
Last Updated : 26th June 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES, AND EACH TIME A RENTAL TAKES PLACE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES OR ENTER INTO ANY RENTAL ARRANGEMENTS VIA THE APP.
Freer Services are offered and available to users who are 18 years of age or older. If you are under 18, you may not use the Freer App or the Freer Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
Definitions as used in these Terms, the following terms have the following meaning:
1.1 "Affiliates" means Freer's affiliates, subsidiaries, and related bodies corporate, as those terms are defined under appliable laws.
1.2. “Data Protection Legislation” means the Data Protection (Jersey) Law 2018, the Privacy Act 1998 (Cth) and any other legislation relating to personal data, and all other legislation and regulatory requirements in force from time to time which apply relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party. The terms 'controller', 'processor', 'data subject', 'personal data' or 'personal information', 'personal data breach', 'processing', and 'appropriate safeguards' have the meaning given to them (or the meaning given to the equivalent term) in the relevant Data Protection Legislation.
1.3. “Freer App” means the Freer mobile application available in the Apple App Store and Google Play store. The Freer App may also be referred to as the Freer Platform.
1.4. “Freer Code” means the code of conduct that applies to users when using the Freer App and the Services.
1.5. “Freer”, "we" or "us" means Freer Limited, being a company incorporated in Jersey with registration number 130923 and registered office at 9 Bond Street, St Helier, Jersey, JE2 3NP.
1.6. "Freer Wallet" has the meaning given in section 5.3.
1.7. “Lender” means a user that has item(s) listed on the Freer App that they are willing to rent to another user on the Freer App.
1.8. "Personnel" means Freer's and its Affiliates' employees, contractors, officers and agents.
1.9. “App” means the Freer infrastructure, mobile app, processes and policies.
1.10. “Rental Fee” means a fee payable by the Renter to the Lender. The total Rental Fee will also include Freer’s fees in accordance with these Terms.
1.11. “Rental” means an agreement between Lender and Renter where an item or items will be hired to the Renter.
1.12. "Rental Period" means the period of the Rental, as determined in accordance with clauses 4.3 and 4.4 of these Terms.
1.13. “Renter” means a user that is renting an item or items from another user on the Freer App.
1.14. “Service Fees” means fees payable to Freer to operate the App in accordance with these Terms.
1.15. “Services” means your access to and use of any website, Freer App or other online or mobile product or service of Freer.
1.16. “You” or "user" means any Lender, Renter, consumer or business using the Services or The Freer App.
About Freer
2.1. Freer is an online marketplace App that allows users to lend or rent items between themselves. Freer builds stronger communities by connecting individuals who lend and rent items from one another.
2.2. The strength in the Freer community is the trust, connectivity, convenience, and sustainability that it generates, creating a self-sustaining ecosystem of lending and renting.
Your Relationship with Freer
3.1. Except as expressly described in these Terms, Freer does not participate in any transaction between the Lender and the Renter. The legal contract of Rental is formed directly between the Lender and Renter. For the avoidance of doubt, Freer and its Affiliates and Personnel, the App and the Freer App, are not a hire shop. Freer does not itself offer any items for rent . For the avoidance of doubt, Freer does not control the terms of the agreement reached between the Lender and Renter and does not borrow or lend items itself.
3.2. Whilst the Freer App provides users with the ability to list their items, Freer is not responsible for the content of user listings and takes no responsibility for any issues arising from the Rental of these items.
3.3. Freer has no control over the quality, safety or legality of items listed for rent. Freer cannot and does not guarantee the truthfulness and accuracy of user listings or that items are available for the period when they have been booked with the Lender. Freer does not regularly monitor the quality of the items made available for rental by sellers through the Freer App.
3.4. In limited circumstances, Freer may assist with dispute resolution but this is performed on a goodwill, discretionary basis and does not imply or create any liability to Freer whatsoever. Criteria for dispute resolution are further outlined in section 13. For the avoidance of doubt, Freer will only become involved in dispute resolution where both parties to the transaction (the Lender and Renter) have undertaken the identify verification process with Freer’s chosen third party verification provider as outlined in section 6.
3.5. Your responsibilities and liabilities when using the Freer App and Services vary according to the lending and renting activities that you engage in via the App. Specific details on your responsibilities and liabilities can be found in the relevant sections below.
General Conditions & Rental Agreement
4.1. By registering for the Freer App and when using the Freer App, you agree that you will not (in addition to and without limiting the User Conduct requirements set out in clause 10):
4.1.1. post an item that is included in our Prohibited Items List (see the prohibited items list in My Account once you have registered or more information at www.freer.com) or does not comply with the User Conduct requirements set out in clause 10.
4.1.2. use profanity, abusive or hate language anywhere on the site including user to user messaging, reviews or product listings;
4.1.3. use our Services if you are under 18 years of age nor solicit a person over the age of 18 to rent an item for you;
4.1.4. interfere in any way with other users’ listings; or
4.1.5. use the App or any item rented via the App to commit an illegal, fraudulent or negligent act.
4.2. Prior to any lending transaction the Lender must, with the Renter present, take photographic or video evidence of the condition of the item to show it is operating in full working order.
4.3. Start and finish times for the Rental (i.e. the "Rental Period") are to be determined by mutual agreement between the Lender and Renter.
4.4. If not mutually agreed, the Rental Period for a Rental will commence at 0900 (in the relevant Rental time zone) on the day of Rental and finish at 0900 (in the relevant Rental time zone) on the day the item is due to be returned.
4.5. All Lenders and Renters agree that when a Rental request is accepted, an agreement is formed between the Lender and the Renter. This agreement (including any house rules specified) forms the entirety of the contract between the two parties and cannot be modified unless by mutual agreement or in the case of cancellation.
Fees, Charges & the Freer Wallet
5.1. Lenders may agree terms on which they rent an item to a Renter, including the price they wish to charge to the Renter for renting the item (the "Rental Fee"). Users must ensure that the Rental Fee advertised is the total price payable, including taxes or delivery costs. Once you agree to the terms on which you will lend an item to a Renter, you must not try to amend those terms unless you have a valid, justifiable reason and the Renter agrees to the new terms.
5.2. If you are a Lender, we will collect the Rental Fee on your behalf at the time of Rental booking, unless we are unable to obtain payment from the Renter (for instance, where the relevant payment services provider considers there may be a risk of fraud). Freer will hold that Rental fee in a segregated bank account until such time as the item is collected (using the collect button on Freer App), at which point the Rental Fee amount will be released to the Lender.
The Freer Wallet
5.3. In order to create a safe, fast and convenient way to pay and receive fees, Freer has created the "Freer Wallet". The Freer Wallet displays the balance of transactions from lending and renting. Funds are held within a segregated Freer bank account and will not be used from the purpose of developing the app or for operational purposes. The essence of the Freer Wallet is to facilitate those fast, on the go transactions where a debit or credit card may not be to hand. Use of the Freer wallet does not constitute Freer being party to the transaction between the Lender and Renter and the Freer wallet is merely a vehicle to facilitate the payment associated with legal contract between the Lender and Renter - see section 3.1. The wallet holder is free to withdraw funds whenever they like subject to terms of 5.7 or by exception contacting Freer at admin@freer.com. The Renter is under no obligation to use the Freer Wallet and can pay for items using other payment methods within the Freer App.
5.4. The Freer Wallet will become active for Rentals when an individual has:
5.4.1 completed identify verification with Freer’s chosen third party verification and identification provider; and
5.4.2. undertaken at least three (3) transactions using other payment methods (such as via Freer’s 3rd party payment using a credit or debit card or their PayPal account) and receives a review score of at least 4.3 stars following those three transactions.
5.5. The Freer Wallet will be restricted to a maximum Rental transaction value of £50 / AUD$100 but will be evaluated on an ongoing basis.
5.6. Once the Rental Fee has been collected from the Renter and remitted to the Lender via the Freer Wallet, the Lender is then able to send fees to their Paypal account from within the Freer App by using the email address associated with their Paypal account. This may be part or the whole of the Rental Fee. The Lender is under no obligation to send those fees to their Paypal account and can use the balance of their Freer Wallet to pay for subsequent Rentals. Freer does not store these email account details and therefore it is imperative that anyone withdrawing to their Paypal account checks the details carefully. Freer does not take responsibility for funds remitted to a Paypal account where incorrect details have been entered.
5.7. The maximum permitted withdrawal amount from the Freer Wallet to a Paypal account is restricted to £250 / AUD $400 per day.
5.8. Where a Rental is overdue or has not been returned, the Renter's Freer Wallet will be suspended so that no further withdrawals or transactions can take place until the item has been returned. In the case of late fees, the Renter's Freer Wallet will be automatically charged to cover the cost of those late fees.
5.9 When the return of an item is in dispute, damaged or otherwise in need of repair, the Freer Wallet will be suspended until such time as agreed between the parties and the item checked in. For more information about resolving disputes, please see clause 13.
User Accounts, Privacy and Verification.
5.10 Each time a Lender rents an item we will also charge a Service Fee to the Lender of 10% of the Rental Fee, which we will deduct from the amount we transfer to the Lender (i.e. if a Rental Fee due to a Lender is £10 / $10, Freer takes £1 in Service Fees and the Lender receives £9 / $9).
5.11 If you are a Renter, once you have agreed to hire an item from the Lender, we will charge you the full Rental Fee on the Lender's behalf. Each time a Renter rents an item we will charge a Service Fee to the Renter equal to 10% of the Rental Fee (i.e. if a Rental Fee is £10 / $10 then then Freer adds £1 / $1 and the Renter pays £11 / $11). This will be taken at the point of transaction either from the Freer Wallet or by a card / Paypal transaction.
6.1. As part of the sign-up process, we ask you to provide various personal details such as your full name and date of birth to allow us to verify you. Some of these details we retain within Freer’s systems and some remain with and/or are disclosed to our verification partner. For full details of how we collect, use, disclose and process, and your rights in relation to, your personal data, and how we comply with applicable Data Protection Legislation, please refer to our Privacy Policy.
6.2. Identity verification of users will be undertaken by Freer's elected certified third party verification partner, the details of which will be notified to you before you elect to undertaken the identity verification process.
6.3 As part of Freer’s commitment to keeping the App as safe and secure as possible, Freer will pay for these verification checks. Freer does not warrant or certify this process and cannot take responsibility for any fraudulent use of third party software.
6.4 Freer will display on the App and/or the Freer App where a relevant Lender or Renter has been verified. However, we do not restrict lending or renting to people who are not verified as we believe this is a personal choice. We do however, clearly state where the person is verified or non-verified and it is up to each individual to decide with whom to rent.
Ratings, Reviews and Freer Stories
7.1. Feedback reviews and experience stories provided by Renters and Lenders are an essential part of Freer’s rating system. Reviews and experience stories demonstrate the Renter's overall experience with the Lender's product. Leaving a Renter's feedback is a basic prerogative of a Renter. Feedback reviews will not be removed unless they violate these terms.
7.2. Users must not create false reviews or stories, either positive or negative, for any lending item or Rental whatsoever. All reviews and stories must come from legitimate Rental executed exclusively through the Freer App. Rentals that are determined by Freer to artificially enhance ratings, or to abuse the Freer App with purchases from additional accounts, or amount to similar actions, will result in a permanent suspension of all related accounts.
7.3. Feedback comments given are publicly displayed. Users are allowed to leave reviews up to 10 days after a transaction is marked as complete.
7.4. Any ratings or reviews reflect the opinions of individual users and do not reflect the opinion of Freer or its Personnel. Freer does not verify ratings or reviews for accuracy or correctness and they may be incorrect or misleading.
7.6. Subject to our Privacy Policy and these terms, we reserve the right to use photos, video content, ratings, reviews and stories elsewhere on the Freer App, website or within marketing media or other Social Media Apps.
Your Obligations as a Lender
As a Lender, you agree to the following obligations:
8.1. You are responsible for the truthfulness and accuracy of your listings and for ensuring your listings do not include items on the Prohibited Items List.
8.2. Any items you list must not infringe any rights, including intellectual property rights or any other rights associated with data, information, text or Images, either belonging to Freer or a Third party.
8.3. Any item you list must be in good, operable condition and completely safe for use by the Renter. Any manuals, safety equipment or accessories requiredfor proper and safe operation of the item should be included with the item at the time of rent or available on request by the Renter.
8.4. You are responsible for pointing out any damage, limitations, issues or restrictions with the use of the item specifically but not exclusively related to safety, operation, maintenance or operation.
8.5. Any item that you lend must not contravene any law or rule; civil, criminal or otherwise for the location where the Rental is to take place.
8.6. You are responsible for all taxes, penalties, fines and charges related to listings on Freer from which you derive payment. Please confirm with your own tax advisor how this might affect you.
8.7. You agree to make any item in a Lender listing available for the duration of the Rental agreed between yourself and the Renter.
8.8. You must have ownership of the item or permission from the item’s owner to list and lend the item.
8.9. You are solely responsible for any damage or loss that the Renter or a third party suffers as a result of renting or using your item.
8.10. You must not list an item that has been obtained through deception, theft, anti-social or other illegal activity.
8.11. Items must not be handed to a third party. Only hand over items to the verified Freer user associated with the account with whom you have engaged. Freer accepts no responsibility for items handed over to renters or other third parties.
8.12. You must make yourself available at the agreed start and end time of the Rental Period to facilitate the smooth operation of the Rental process.
8.13. You agree to the Cancellation and Late Returns policy in clause 11 and that you will take no further action for inconvenience, lost Rental or any other direct or consequential loss as a result of a cancellation or item being returned late.
8.14. You agree to the process, valuation and methodology of replacing lost, stolen or damaged items and any value subsequently set by Freer in the event of dispute.
8.15. When you rent items to renters you agree to comply with any local laws or by-laws including applicable consumer rights laws or the equivalent in your jurisdiction.
8.16. You have sole responsibility when interacting with other users. We reserve the right, but have no obligation, to monitor interactions between you and other Users of our services.
Your Obligations as.a Renter
As a Renter, you will:
9.1 ensure all items that you rent are used in a responsible manner and maintained and returned in the same condition as that given at the start of the Rental Period;
9.2 collect the item at the Rental start time and return it at or before the Rental end time;
9.3. immediately inform the Lender if the item is not working as described, if the item is lost or if the item has been stolen;
9.4. stop using the item if it cannot be used in a safe and legal way or if you have any other reasonable concerns about the item;
9.5. immediately inform the Lender if you believe you may not be able to return the item at the specified Rental return date. In this situation late fees and penalties may apply, please see clause 11 (Cancellations and Late Returns); and
9.6. replace or repair the item (or reimburse the Lender for an equivalent amount) at your own cost if the item has been materially damaged, or lost or stolen, during the Rental Period. The item must be replaced with an identical or near identical item of the same value on an old for new basis within 28 days of the end of the initial Rental Period. The Lender is obliged to provide a receipt or other such document (e.g. confirmation email from Amazon or other retailer) showing the value of the item when purchased new. If in the case that agreement cannot be reached on the value of the item, Freer may assist to resolve the dispute in accordance with clause 13.
For example, if a Lender rents out an electric drill purchased at £100 in 2015 and the Renter materially damages the Drill during the Rental Period and it must be replaced, the Renter shall purchase a new replacement electric drill on like for like basis to the value of £100 or pay a sum of £100 in lieu within 28 days of the end of the Rental Period; and
9.7 Subject to clause 9.6, in the case of an item not being returned, for whatever reason, or where an item has not been replaced with a like for like item or cash equivalent, the Renter hereby authorises Freer, on the Lender’s behalf, to recover the cost of the item plus all reasonable administrative expenses incurred by Freer. The recovery process will be undertaken by Freer providing the card issuer with the Renter's payment details, so that the cost of the item can be recovered to reimburse the Lender. Where there is a balance in the Renter's Freer Wallet, that balance will be used in the first instance to recover these costs. Wilful non-payment or avoidance may be treated as theft and Freer may use a third party debt collection agency to recover any associated costs.
9.8. Without limiting and subject to clause 9.6, in a scenario where an item is not returned and agreement is not reached on settlement or replacement, Freer may refer the matter (including disclosure of relevant personal information of the Renter and Lender in according with our privacy policy) to the appropriate government authorities and relevant credit checking agencies. Where an item has been stolen, the aggrieved party should report the matter to the relevant law enforcement agencies and submit a copy of the report and any relevant documentation to Freer. Home contents insurance may cover the cost of lost, stolen or damaged items. It's important to review your home contents insurance policy and its coverage details carefully to understand what is and isn't covered. If you're uncertain about the coverage for hired items, you can contact your insurance provider or agent to get further clarification.
9.9 Nothing in this clause 9 makes Freer responsible to the Lender for recovering the costs of any lost or stolen items. While Freer will endeavour to facilitate cost recovery as outlined above, as a Renter, you will be solely responsible for any items you hire through the Freer App, including compensating the Lender for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items.
User Conduct & User Content
10.1. Users should always consider and apply the Freer Code (see My Account > Freer Code) when dealing with one another.
10.2. The Services include interactive areas where you or other Users can create, post or store content, messages, materials, data, information, text, music, sound, photos or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
10.3 Freer does not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Services including marketing and related activities. You grant us the above licence for any content owned by a third party that you include in your User Content.
10.4 Subject to our Privacy Policy and these terms, we reserve the right to use photos, video content, ratings, reviews and stories elsewhere on the Freer App, website or within marketing media or other Social Media Apps.
10.5 Freer is not responsible for any User Content that you or other Users post, transmit or store through the Services. We have no obligation to post User Content from you or anyone else and we may, in our sole discretion, edit, remove, or delete any User Content without notice. If you become aware of User Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services.
10.6. You are solely responsible for any User Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, User Content that we believe, in our discretion:
10.6.1. is unlawful, libellous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, national or international law;
10.6.2. contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
10.6.3. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
10.6.4. depicts the use of illicit drugs;
10.6.5. contains offensive language or images or is otherwise objectionable;
10.6.6. incites violence or characterizes violence as acceptable, glamorous or desirable;
10.6.7. contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
10.6.8. contains private or personal information about another person, unless such person has agreed to the disclosure of this information including but not limited to their name, address or description;
10.6.9. contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
10.6.10. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; or
10.6.11. would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.
10.7 Failure to comply with this clause 10 or clauses 4, 8 or 9 shall constitute a material breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
10.7.1. issuing of a warning to you;
10.7.2. immediate, temporary or permanent withdrawal of your right to use the Freer App or Services;
10.7.3. immediate, temporary or permanent removal of any User Content;
10.7.4. legal action against you including reimbursement of all costs resulting from the breach; or
10.7.5. any other action we reasonably deem appropriate.
10.8. We may at our discretion modify or delete content that violates Freer’s policies.
Cancellations & Late Returns
11.1. Item reservations may be cancelled by both the Lender and Renter with no penalty up to 48 hours before the start of the item reservation is due to commence. Please ensure that maximum notice is given if you wish to cancel. A full refund will be due if cancellation is requested more than 48 hours in advance of the item reservation. If an item is booked and accepted by the Lender, within 48 hours of commencement of the Rental full payment will be charged if cancelled prior to collection.
11.2. Cancellation of the Rental by the Renter within 48 hours before the Rental is due to start will incur the full Rental Fee for the period (payable to the Lender and Freer in accordance with clause 5). As a courtesy to the Lender, we urge you to cancel the item reservation via our App so they know the item is no longer required.
11.3. Cancellation of the item reservation, the “Rental” by the Lender within 48 hours may incur a penalty fee payable to Freer equal to 50% of the total Rental Fee and a full refund will be given to the Renter. This is to ensure items that have been reserved are available as agreed. This includes items that are booked and Rental accepted within 48 hours of the commencement of the Rental. Freer reserves the right to disable or delate an account for repeated late cancellations.
11.4. In the unfortunate circumstances where an item is returned late (and this has not been agreed in advance between the Renter and the Lender), then Renter will be charged a day rate for the item equivalent to 150% of the standard daily rate for the item payable to the Lender, plus an administration fee of £50 (or the equivalent in the relevant currency where the item is rented, at the then current exchange rate) for the item payable to Freer. By accepting these Terms and using our Services, you agree that Freer is permitted to charge a credit or debit card, or Paypal account the late fees as incurred without further consent.
11.5. If you fail to return an item by the agreed deadline, you must contact the Lender and Freer to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. The Lender may not be able to accommodate the extension, in which case it is your responsibility to get the item(s) back to the Lender within a time frame that the Lender requests. If you do not do so you will be liable to pay late fees in accordance with clause 11.4. You agree that Freer can charge this amount from your Freer Wallet, payment card or PayPal account without your further consent. If as a Renter:
11.5.1. you miss the agreed deadline for return and are uncommunicative with the Lender or Freer;
11.5.2. we have reason to believe you have caused damage to the item; or
11.5.3. we have reason to believe that you have no intention of returning the item, then you agree that Freer may take a holding deposit from your card or account up to the full value of the items you have rented. This deposit will be fully refundable, less any fees owed to Freer or the Lender, once the items are returned, replaced, or repaired. Otherwise, the deposit will not be refunded.
Liability
12.1. As stated above, and except as expressly described in these Terms, Freer does not participate in any transaction between the Lender and the Renter. The legal contract of Rental is formed directly between the Lender and Renter. Except as expressly set out in this Terms, Freer is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to, any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User via the App or the Services.
12.2 To the maximum extent permitted by applicable law and subject to clause 12.4, you agree to release, defend (at Freer’s option), indemnify, and hold Freer, its Affiliates and Personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms; (ii) your improper use of the Freer App or Services (in the reasonable opinion and discretion of Freer); (iii) your interaction with any User including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such use; or (iv) your breach of any laws, regulations or third party rights (including intellectual property rights).
12.3 Each party understands and agrees that in no event shall either party be liable for any losses, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Services, whether or not the relevant party has been advised of the possibility of such damages, arising out of or in connection with these paid Services on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory.
12.4. In the event of a claim arising out of the provision of the Services and without limiting any applicable laws, our responsibility to you will be limited to the amount you have paid us in the 4 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
Disputes & Damaged Items
13.1. Renters and Lenders must abide by the Freer Code to ensure any dispute can be resolved swiftly. Disputes in the first instance should be resolved between Renter and Lender where possible. If the Renter has lost or damaged an item, the Renter is responsible for reimbursing the Lender in accordance with clause 9. If you are unable to reach a resolution you can report the incident to Freer by emailing admin@freer.com, using [DISPUTE] as the subject header.
13.2. If Renters have received an item which they feel is not in the condition that was advertised, please do not start the Rental and contact the Lender directly as soon as possible to try to reach a resolution. If the item does not arrive in the condition advertised, the Lender will be responsible for providing a refund or replacement according to the Renter’s preference.
13.3. Video / photographic evidence of the item’s condition and showing it in full working order should be provided to the Renter on request. Lenders may be asked to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support a claim for reimbursement. Where you claim that a Renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a Renter, to support your claim that any damage was caused by the Renter.
13.4. In the event that a resolution on the condition of the item cannot be reached, you may contact Freer. We may ask you to provide photos or videos showing the condition of the item upon arrival or any other evidence to support your claim for reimbursement from the Lender. If as a Lender you wish to contest such a claim, we may ask for evidence of the condition of the item upon sending such as photos or videos.
13.5. Freer will, at its absolute discretion, provide voluntary goodwill assistance to a Lender should all other avenues be exhausted in resolving a dispute involving a lost, stolen or otherwise damaged item. This assistance does NOT imply or confer any liability or contractual relationship or otherwise between Freer and the Lender.
13.6. If you have a dispute with us relating to Freer, please contact us at admin@freer.com using [DISPUTE] as the subject header and attempt to resolve the dispute with Freer informally. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree on more formal methods of resolving our dispute.
Suspension and Termination
14.1 Freer may immediately, without notice, terminate this Agreement and/or stop providing access to the Freer App if: (i) you have materially breached your obligations under these Terms; (ii) you have violated applicable laws, regulations or third-party rights; or (iii) Freer reasonably considers that such action is necessary to protect the personal safety or property of Freer, its users, or third parties (for example in the case of fraudulent behaviour of a User).
14.2. In addition, Freer may refuse to surface, delete or delay any listings, ratings, reviews, or other User Content; cancel any pending or confirmed Rentals; limit your access to or use of the Freer App; temporarily or permanently revoke any special status associated with your Freer account; temporarily or in case of severe or repeated offenses permanently suspend your Freer account and stop providing access to the Freer App, if:
(i) such action is required to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body;
(ii) you have breached these Terms, applicable laws, regulations, or third party rights;
(iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration, Rental process or thereafter;
(iv) you and/or your listings at any time fail to meet any applicable quality or eligibility criteria;
(v) you have repeatedly received poor ratings or reviews or Freer otherwise becomes aware of or has received complaints about your performance or conduct;
(vi) you have repeatedly cancelled confirmed Rentals or lettings or failed to respond to Rental or letting requests without a valid reason; or
(vii) such action is necessary to protect the personal safety or property of Freer, its users, or third parties, or to prevent fraud or other illegal activity.
14.3 The termination of your use of the Services and the cancellation of your account shall not affect any of your obligations to pay any sums due to us.
General
15.1. These Terms will be interpreted in accordance with Jersey law (or in the case of Rental arrangements entered into or completed in Australia, in accordance with New South Wales law). You agree to submit to the non-exclusive jurisdiction of the Jersey and New South Wales courts, as applicable.
15.2. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards that we provide to you or that are otherwise made available via the App from time to time, these Terms constitute the entire agreement between Freer and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Freer and you in relation to the access to and use of the Freer App.
15.3. No joint venture, partnership, employment, or agency relationship exists between you and Freer as a result of this Agreement or your use of the Freer App.
15.4. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.5. If any provision of these Terms or any policy is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
15.6. Freer’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.7. We may revise these Terms and Conditions from time to time but the most current version will always be in the relevant section of the Freer App. Changes will usually occur because of new features being added to the Services, changes in the law or where we need to clarify our position on something. Once we have made changes to any part of the Services, your continued use will show that you have accepted any changes to the Services. You are always free to stop using the Services.
15.8. Freer shall not have any liability for delay in performing, failure to perform or any obligations under the Terms if such delay or failure result from events, circumstances or cases beyond its reasonable control.
15.9. Any notice or communication required to be given to us under these Terms, including notices or communications in relation to the modification of these Terms, shall be in writing and delivered by email to the address notified by you to us when you become a User. You may contact us at admin@freer.com
15.10. Any notice or communication shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside business hours, when business hours resume. In this clause 15, business hours means 9.00am to 5.00pm Monday to Friday and does not include a public holiday, when banks are closed for business in Jersey or Australia (NSW) or in the relevant jurisdiction where the Rental arrangement is entered into or completed.
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