Fhyre Terms & Conditions

FHYRE LIMITED, TRADING AS FHYRE TERMS AND CONDITIONS & PRIVACY POLICY

  1. USE OF WEBSITE AND FHYRE SERVICE
    1. By visiting the Fhyre website, and/or registering as an Owner or Hirer, and/or viewing or placing any listing, and/or following any link, and/or transacting any hire agreement you acknowledge and agree to the conditions, disclaimers and obligations as set out below (“the Ts & Cs”). If you do not agree to the Ts & Cs, please do not proceed with any viewing, registration or use of this website.
    2. We may amend these Ts & Cs at any time by updating them on this website. Unless otherwise stated, amendments will be effective immediately upon update and the latest version on the website will always apply. You are responsible for keeping up to date with our Ts & Cs.
    3. A Hirer is any person who enters into an agreement through our website to hire an item from an Owner. The Hirer is solely responsible for all Hirer’s obligations under these Ts & Cs and general law, whether or not they will be the person using the item.
    4. An Owner is any person who lists an item for hire. The Owner is solely responsible for all Owner’s obligations under the Ts & Cs. The Owner must be the legal owner of the item or be authorized by the legal owner to list and hire out the item.
    5. Fhyre is not an owner, promotor, advertiser, lessor or seller of any of the items listed on our website nor an agent of any Owner or Hirer. We are an introduction and listing site for Owners to list their items for hire, and for Hirers to browse and find items they wish to hire. It is up to the Hirer and Owner to enter into a hire agreement directly. We provide a system and website based venue for Owners and Hirers to match their requirements, connect and enter into a hire agreement, but we are not party to the hire process and we cannot guarantee that an Owner or Hirer will comply with their obligations. The Owner and the Hirer enter into a legal agreement and are directly obliged to each other as if the hire had taken place without listing on Fhyre.
    6. Users of this website do so entirely at their own risk. Fhyre shall have no liability or responsibility to any person for the outcome or consequences of any decisions or actions of a Hirer, Owner or any other person as a result of their relying on the content of this website, or a listing, or access to and use of processes and systems provided to transact a hire agreement between Owners and Hirers.
    7. This is a New Zealand based website. New Zealand law applies.
    8. Fhyre does not get involved and is not responsible for resolving disputes or claims between Hirers and Owners whether they are located in New Zealand or elsewhere. If any claim or dispute arises between a user of this website and Fhyre, or between an Owner or Hirer (as long as one of them is located in New Zealand), it must be decided in the appropriate New Zealand courts; or if claims are of an amount up to $20,000 they must be made through the New Zealand Disputes Tribunal (a division of the courts).
    9. The content and layout of this website is copyright and owned by Fhyre. You are not allowed to copy any part of this website or use it for any reason except to list or browse items for hire and to enter into hire agreements directly between Owners and Hirer.
    10. We will take all reasonable precautions to ensure your use of this website is safe, secure and predictable, however you acknowledge that Fhyre cannot always prevent the malicious, fraudulent or negligent actions of people or technology outside its control. Fhyre does not guarantee continuous, fault free access to this website or that the hire process or payment portal will be always be available. Fhyre is not responsible for the inherent risks of people placing personal information onto a website or doing business or making payments over the internet, for example transfer of viruses or spyware to users of the website, use of cookies, unauthorized access to your information by a third party (hacking), information being changed or removed. Use of this website and any links from this website (including the payment portal which is provided by an independent third party supplier, Flow2Cash) is solely at your own risk.
    11. Fhyre may suspend or end a user’s registration, and / or rights to use our services, and/ or access to our payment channel at any time for any reason in its sole discretion. Fhyre will not be responsible to any person for any loss or cost suffered in connection with any such decision or action and Fhyre shall notify the use of the same as soon as reasonably convenient to the user’s last known email.
  2. CHARGES AND PAYMENT
    1. All prices and fees on this website are in New Zealand dollars unless otherwise shown. If GST is payable on a hire, it must be shown separately. If GST it is not shown it is because it is not payable. It is the Owners responsibility to know if GST is charged and to list GST correctly. Hirers and Owners are entirely responsible for their own tax obligations in connection with any hire made through this website.
    2. Upon registration you must supply details of a valid credit card in the name of the Owner or Hirer.
    3. Owners are charged a service fee by Fhyre for each hire agreement equivalent to 15% + GST of the total hire fee and charges. The fee is deducted automatically from your credit card through the payment portal.
    4. Hirers are charged the full hire fee which is deducted from their credit card through the payment portal and disbursed to the Owners nominated account with no deduction.
    5. There is no charge for placing or viewing a listing.
    6. Owners must advise Fhyre if they receive any payments directly from the Hirer after the hire proceeds or concludes. If we become aware that Owners and Hirers are independently entering into hire agreements or processing payments for items that have been listed on this site and where the Hirer became aware of the item through the listing, the Owner will liable to Fhyre for a service fee equivalent to that which would have been charged through the payment portal. We may immediately remove listings and cancel registrations of Owners and Hirers that enter into transactions or make payments for listed items, other than through our system.
    7. All payments for hire and any extra charges payable by a Hirer to an Owner must be made through the payment portal independently operated by Flow2Cash. You will be forwarded to the payment portal to complete your transaction when you enter into a hire agreement.
    8. Fhyre does not store or have access to credit card details or have any control over the payment portal. Fhyre has no liability to users for any loss or damage suffered in connection with the payment portal.
    9. The Owner must list all charges that could be added to a hire fee such as delivery, cleaning, fuel refill, insurance or bond. If the full amount is not known at the time of hire, the Owner must describe all possible charges and how they will be calculated on the listing so the Hirer gets no surprises regarding how much they may need to pay and whether extra charges will be made during or after the hire period.
    10. Once a hire agreement has been entered and payment made the Owners is obliged to supply the item for hire, and no refunds can be made if the Hirer cancels or reduces the period of hire. If an Owner cannot complete a hire the full hire fee must be refunded to the Hirer immediately. There will be no refund of the service fee payable to Fhyre in any circumstances.
  3. OWNER AND HIRER GENERAL OBLIGATIONS
    1. Owners are responsible and liable for the content and accuracy of their listings and Hirers are responsible for verifying any information they rely on. Owners should include all information that a Hirer may need to make a decision. Fhyre does not check or audit information provided; or guarantee that the content of any listing, or Owner / Hirer information is complete, true or accurate; or that the items listed are functional, safe, the property of the Owner, legally compliant and will meet description or fitness for use. Any time a listed item becomes unavailable for hire or other details of the listing change, the Owner must immediately update the listing.
    2. The Owner is responsible to Hirers for quality, safety, and performance of the item; for ensuring the item fully meets the listing description; that the item is insured and is exclusively available for the period they agree to hire and paying the Fhyre service fee.
    3. Hirers are responsible for communicating with the Owner to ensure the item will meet any specific needs before confirming a hire; for treating all hired items with care and following instructions for use, safety, cleaning, and maintenance; using and storing the item in a safe and secure manner; returning the item in the same condition as it was provided; paying hire fees and other charges and will be fully responsible for cost of any loss or damage to the item.
    4. The following items may not be listed or hired or supplied through this Fhyre:
      1. Firearms, other weapons, explosives or ammunition; fuel (unless necessary for the operation of the item); items unlawfully imported into New Zealand; indecent or restricted material; film or video that has not been classified by the NZ censor; items that breach the intellectual property rights of a third party; counterfeited items; stolen goods; pornography; defamatory or discriminatory material; items that the Owner does not own or have exclusive right of possession to; money or other legal tender; drugs or alcohol; any other item that may not be legally hired, loaned or traded in New Zealand. It is the Owners responsibility to ensure hire of items listed is not unlawful. Fhyre will remove any listing that it knows or believes in its discretion to be unlawful or otherwise undesirable.
    5. Although Fhyre specifically excludes and denies any liability to any person for any reason, if Fhyre or any officer or agent of Fhyre is found to be liable to any person for any claim, loss, damage, costs or otherwise in connection with or as a result of your use of, or access to this website, our maximum liability will be the lesser of NZ$200.00 or the cost of the relevant hire.
  4. PRIVACY AND COMMUNICATIONS
    1. Fhyre collects and stores personal information including email addresses, names, addresses, telephone numbers and other details and information provided by or on behalf of Owners and Hirers and other users of the website in the processes of browsing, registering, listing or hiring through this website. All such information is stored securely in our database and is only used for the purposes of enabling listing and hire of items to be processed through this website. Fhyre has access to and may use non-identifying usage information and transaction volumes, and billing information for the purpose of monitoring server and software performance as well as for other internal purposes of Fhyre.
    2. We do not sell or give any personal or identifying information provided to us by any user unless, in very rare circumstances we consider it necessary in our discretion to supply information to police, IRD, Customs, a court of law or other governmental or regulatory organisations if requested or subpoenaed.
    3. By registering with Fhyre you are agreeing that we may send you emails relating to your registration, transactions, information updates and product and service promotions from Fhyre and other companies. Promotional and unsolicited emails from Fhyre can be unsubscribed from at any time by following the instructions on the emails.
    4. You agree that we will give your name, email address and other contact details you have supplied us to the other party (Owner or Hirer as the case may be) when you enter into a hire agreement.
    5. On request we will provide you with access to any information we hold about you and will correct or update any details you advise us of. You are responsible for ensuring that we have current, valid contact details. We will not be responsible for any message transmitted to an incorrect or invalid email address that has been provided and not updated by you. We will permanently delete your data after a reasonable period of non-use or on your request if we do not need to retain it for legal or accounting purposes.
    6. You are responsible for checking the privacy policy of any third-party websites we link to including the payment portal.