Renter (Borrower) Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the Ourfit platform ("Ourfit", "we", "us" or "our") as a renter (or "borrower") - someone who rents garments and accessories listed by other users within Australia. By creating an account, browsing listings or submitting a booking request, you ("you") agree to be bound by these Terms. If you do not accept these Terms, you must not use Ourfit.

These Terms are a binding legal agreement between you and Ourfit. They include important obligations and limitations of liability, reflect the requirements of the Australian Consumer Law (ACL) and set out your rights and responsibilities as a renter. Nothing in these Terms excludes, restricts or modifies any non-excludable right or guarantee you have under the ACL.

If you list items, the Lender Terms and Conditions also apply to you. Our Privacy Policy forms part of these Terms. Sections 6 and 7 set out in full how and when your card may be charged for damage, late return or non-return, and how claims and disputes are decided. You separately confirm the damage and charge terms when you authorise your card, and the version you agree to is recorded against your booking.

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1. Eligibility and account

• Minimum age. You must be at least 18 years old to use Ourfit. Contracts with minors are generally unenforceable; if you are under 18, you may not use Ourfit.
• Account information. You agree to provide accurate, current information (name, email, phone, delivery address and payment details), to keep your login secure, not to share your account, and to update your details if they change.
• Identity verification. We may require you to verify your identity (for example, a driver's licence or passport) before certain bookings. You consent to our use of third-party identity verification services for this purpose, handled in line with our Privacy Policy and the Australian Privacy Principles.
• Verification is not endorsement. Where a user is shown as verified, that means only that a check was completed. It is not an endorsement or guarantee by Ourfit of any user's identity, trustworthiness or suitability, and does not warrant any item.
• Where Ourfit operates. You can create an account from any country offered at sign-up, but you can only rent while you are located in a country where Ourfit is live (currently Australia). Accounts in other countries are parked until we launch there.
• Messages from us. Creating an account includes messages about your bookings and your account, by email, SMS and in-app notification, and it includes texts from us about launches and what's new - which is stated on the screen where you create your account. You can change what you receive at any time in your notification settings, unsubscribe from any marketing email, or reply STOP to any text. Replying STOP switches off every text we send you, including booking updates, so use your notification settings if you only want the news to stop.
• Prohibited users. You must not create an account if you have previously been removed from Ourfit or intend to use the platform unlawfully.

2. How Ourfit works

Ourfit is an online marketplace that lets users list and rent garments and accessories. Ourfit facilitates transactions and processes payments but does not own or take possession of the items listed - ownership stays with the lender, and Ourfit is not a party to the rental contract between you and the lender, except to the extent required by law (and as your payment collection agent, below).

We exercise due care and skill and endeavour to ensure listings match the lender's descriptions, but (except to the extent of any guarantee that applies under the Australian Consumer Law) we do not guarantee an item is fit for your particular purpose or free from minor wear consistent with prior use. Items are often pre-loved.

Ourfit Storefronts. Some lenders run their own branded website powered by Ourfit (an "Ourfit Storefront"), on an Ourfit subdomain or on their own domain. When you book on a storefront you are booking through Ourfit: these Terms, our Privacy Policy and the same payment, damage, dispute and cancellation processes apply exactly as they do on the marketplace, and the lender remains the supplier of the item. The storefront's name, branding and content belong to the lender; Ourfit provides the underlying service and may identify itself as the provider on the site.

3. Booking and payment

• Booking request. To rent an item you submit a booking request for your chosen rental period (Ourfit currently offers 4-day and 8-day rental periods - the days you have the item; shipping to and from is handled separately by the lender's buffer days and does not come out of your rental period). When you submit a request, you authorise your payment card for the total price - this is a hold, not a charge; no money leaves your account at this stage. The lender may accept or decline, and may receive requests from multiple renters for the same dates.
• Confirmation and charge. A booking is confirmed when the lender accepts it, and acceptance is the point at which your authorised card is charged - there is no separate payment step. If the lender declines, doesn't respond in time, or accepts another renter for the same dates, your authorisation is released and you are not charged.
• If the charge can't complete at acceptance. Occasionally a card can't be charged when the lender accepts (for example, your bank asks for extra authentication). We'll notify you and you have 24 hours to complete payment in the app. If you don't, the booking is cancelled, your authorisation is released and the dates are freed for others.
• Booking links. A lender may set up a booking for you and send you a booking link. In that case the lender has already accepted: your card is charged when you pay through the link and the booking is confirmed immediately, with no request step. Everything else in these Terms applies in the same way.
• What you pay. At request time Ourfit shows the full total - the rental price, the delivery fee (if you choose postage) and any applicable fees - and you authorise that amount. Payment is processed by our third-party processor (currently Stripe); we do not store full card details. We do not charge hidden fees.
• Payment methods. Payment is by credit or debit card. We may offer other ways to pay (for example Afterpay or PayPal) from time to time. Whichever you use to pay, you must keep a valid card on file for the damage, late-return and non-return charges described in Section 6.
• Ourfit as payment collection agent. Although Ourfit is not a party to the rental agreement, Ourfit acts as the lender's limited payment collection agent for the purpose of accepting payment on the lender's behalf. Once you have paid Ourfit the rental price for a confirmed booking, your payment obligation to the lender for the rental price is satisfied. This does not cover amounts that arise separately if the item is returned damaged, late or not at all - damage, late-return and non-return charges (up to the cap in Section 6) are a separate obligation that you authorise at booking and remain liable for, as set out in Section 6. Ourfit may also collect those amounts on the lender's behalf and remit them.

4. Delivery and receiving the item

• Delivery method. Items are exchanged by (a) tracked Australia Post Express within Australia, (b) in-person pickup where the lender offers it, or (c) Ourfit Direct where it is offered for your booking - your choice at checkout. Ourfit Direct is being rolled out area by area and only appears where the lender offers it and a driver covers your address, so it will not be an option on every booking. For postal rentals the lender dispatches so the item arrives by the start date and includes a prepaid return satchel.
• Ourfit Direct. Where Ourfit Direct is offered, the item is collected from the lender and delivered to you, and collected from you for return, by an independent delivery provider and its drivers - not by Ourfit. Ourfit books the delivery for you and passes on the tracking details, but does not control the provider's drivers, timing or handling, and the delivery is subject to the provider's own terms. If something goes wrong with a Direct delivery, contact the delivery provider through the tracking details we give you, and tell us in the booking so we can help and keep a record; we collect feedback on every Direct delivery. You are not charged for loss or damage that happens while the item is in the delivery provider's custody. Where a Direct delivery fails, we refund at least your delivery fee, and anything further is decided through the dispute process in Section 7. To the fullest extent permitted by law, and without limiting your non-excludable ACL rights, Ourfit is not otherwise liable for the provider's acts, delays or omissions.
• In-person pickup. Where you choose pickup, no delivery fee applies. You and the lender arrange a time and place to hand the item over and to return it, directly through Ourfit messages, and each confirms in the app when you physically have the item. Ourfit is not present at and is not a party to the handover or return. To the fullest extent permitted by law, Ourfit is not responsible for what happens during an in-person pickup or return, including personal injury, loss, theft or any dispute arising at the meeting; we do not vet meeting locations and do not insure in-person handovers. Meeting safely: where you can, meet in a public, well-lit place rather than a private home (especially for a first meeting), tell a friend or family member where you're going, keep all arrangements and payment on Ourfit, take photos at handover and return, and trust your instincts - you can cancel a meeting that feels wrong and contact us. If your personal safety is ever at risk, contact your local emergency services first, then let us know. You acknowledge this at checkout, and we record that acknowledgement against the booking. If the other party fails to attend, you may report the no-show through the booking; Ourfit reviews each report and decides any refund and does not move money automatically. Nothing here excludes a non-excludable ACL right.
• Late arrival. If a posted item arrives after your start date, tell the lender and Ourfit straight away through the booking; the outcome is decided through the dispute process in Section 7, and if the item was never dispatched you are refunded in full (Section 8).
• Inspection on arrival. Inspect the item on receipt and notify the lender and Ourfit of any defects or issues within 24 hours. If an issue arises during the rental, notify the lender and Ourfit before the end of the rental period. Failure to notify within these timeframes may affect your right to a refund or credit.

5. Using and returning the item

You agree to take reasonable care of the item; wear it only for its intended purpose; follow the care instructions; not alter, cut, dye, modify or attempt to clean it; and not let anyone else use it.

Cleaning is the lender's responsibility. Do not wash, iron, dry-clean or otherwise treat the garment - return it unwashed. Return the item by the end of the rental period using the prepaid label (or the method agreed for pickup), clean, dry and free of odours, stains and damage beyond normal wear. If your return date falls on a Sunday or a public holiday, lodging the item on the next business day is on time; late fees cannot start before then.

6. Damage, loss and late return

Instead of a separate refundable bond, you save a card when you authorise a booking and agree that we may charge it if the item is returned damaged or not returned. You confirm these terms again when you authorise your card, and the version you agree to is recorded against your booking.

• No bond - card on file. We do not hold a separate refundable bond. When you authorise your card at booking, you agree that we may charge that card if the item is returned damaged or not returned, up to the item's recommended retail price (RRP) shown on the listing (the "cap"). Where a listing has no RRP, the cap is five times the piece's 4-day rental price, up to a maximum of $1,500. Whichever applies, the cap is shown to you before you authorise and is locked in at that moment - a lender editing the listing afterwards cannot raise it.
• What counts as damage. Stains ordinary dry-cleaning can't remove; rips, tears, holes, broken zips, missing buttons or trims; burns, melt marks, bleach or dye discolouration; stretching or shape distortion beyond normal; persistent strong odours that don't lift after cleaning; or the item not being returned by the agreed date. Normal wear - small loose threads, minor pilling, a single dry-cleanable mark, light marks from a few hours' wear - will not lead to a charge.
• We never charge speculatively. A charge happens only after a damage, late-return or non-return claim is raised by the lender with evidence (photographs and a written reason) and either accepted by you or resolved through the dispute process in Section 7.
• Late and non-return. If you return late, you may be charged a reasonable late fee for each day (or part day) the item is late - a genuine pre-estimate of the lost rental days and reasonable costs of the delay, and in any case no more than the item's RRP. After seven (7) days past the agreed return date the item is treated as not returned, and the charge can reach the full RRP (less any late fees already charged).
• How charges are attempted. We attempt the approved amount on your saved card. If it can't be completed in full (for example, a card limit or insufficient funds), we may attempt the remainder afterwards, including in smaller amounts over time, until the approved amount is recovered. We tell you each time we attempt a charge; we never take more in total than the amount that was approved, and you can settle the balance in full at any time by contacting Ourfit support. Ourfit does not guarantee recovery of any amount and does not cover the shortfall itself; any unpaid shortfall may be referred to the lender and/or a third-party collections agency, in accordance with applicable laws (including privacy and debt-collection laws).
• Lost on the way back. You are responsible for the item until it is back with the lender. If a return you have lodged goes missing in the post, tell the lender and Ourfit straight away and keep your lodgement receipt - the outcome is decided through the dispute process in Section 7, where proof that you lodged the item on time carries real weight, and any charge is subject to the same cap.
• The cap is not a cap on your overall liability. You remain responsible for loss or damage beyond that amount, and the lender may pursue any uncovered remainder through ordinary legal channels.
• If a charge can't be recovered. If an approved amount can't be recovered from your card and you don't settle the balance, we may give the affected lender your name, contact details, delivery address and whether you have verified your identity, so they can pursue the balance themselves, and the balance may be referred to a collections agency - in each case in accordance with privacy law.
• Theft and non-return. Where an item is not returned, or amounts owed remain unpaid, we may treat the matter as suspected theft and, to the extent permitted by law, share relevant details (your name, contact details, delivery address and whether you have verified your identity) with the affected lender and/or law enforcement.

7. Disputes

If something goes wrong with a rental - damage, a late or missing return, a delivery problem, an item different to its listing, or a conduct concern - either side can open a dispute through Ourfit. A dispute can be opened from when a booking is confirmed until 7 days after the rental's end date, after which the booking is treated as closed.

• Lifecycle. A dispute moves through open → respond → resolve → close. One side opens it with a claim, a description, evidence and (where relevant) a requested amount up to the cap. The other side has 5 days to respond to each claim - accept, counter, or contest with evidence - with reminders at 72 hours and 24 hours before the deadline. If you don't respond in time, the claim may be treated as accepted at the amount requested. A lender's damage, late-return or non-return claim must be raised within 2 days of the item arriving back.
• Decision. If both sides agree, the agreed outcome (a charge, a refund, or no action) executes and the case closes. If they don't agree, an Ourfit reviewer decides each contested claim in good faith on the evidence both sides provide, and we record the decision and rationale against the booking. An Ourfit decision resolves the matter on the platform; it does not determine your legal rights, which you remain free to pursue.
• Evidence. Timestamped photos (on receipt and on return), tracking numbers, in-platform messages and receipts carry weight; undated photos, off-platform messages we can't verify, hearsay and generalised dissatisfaction do not.
• Your rights throughout. You may contest any claim; you may update or swap your saved card at any time (while a rental is under way you must keep at least one valid card on file, so you can replace your last card but not remove it until the rental is closed; changing cards doesn't undo charges already made); you may request a copy of the case file, decision and evidence; you retain your right to raise a dispute with your bank; and your non-excludable ACL rights are preserved.
• External options. An Ourfit decision is not a barrier to your legal rights. Nothing in these Terms prevents you from contacting a consumer protection agency (such as NSW Fair Trading) or a tribunal or court. If we cannot resolve a complaint with you, we may offer to facilitate independent mediation (participation is voluntary and may involve cost).

8. Cancellations and refunds

• By you. Before a lender accepts, you can cancel at no charge - your card is only on hold and the hold is released. Once a booking is confirmed (accepted and charged), you can still cancel it in the app at any time before the lender dispatches the item (or hands it over for pickup), and you are refunded in full. We may introduce a cancellation window or fee in future; if we do, it will be shown before you confirm and will not apply to bookings already confirmed. Once the item has been dispatched or handed over you can no longer cancel - raise an issue through the booking instead. This does not limit your rights under the Australian Consumer Law. Any renter service fee we introduce in future would be non-refundable for change-of-mind cancellations except where the law requires a refund (for example, a major failure or misrepresentation).
• By the lender. If a lender cannot fulfil a confirmed booking, you receive a full refund of all amounts paid, including fees and delivery. This refund is your remedy against Ourfit for the lender's failure (see Section 11); your rights against the lender, and your non-excludable ACL rights, are unaffected.

9. Fees and taxes

The renter pays the rental price and (for postage) the delivery fee, shown in full at checkout before you confirm. Today, Ourfit's platform fee is taken from the lender's earnings. We may introduce a separate renter service fee in future; if we do, it will always be shown in full at checkout before you confirm, will not be a hidden fee, and will not apply to bookings already confirmed. All fees include GST where applicable. We may change our fee structure with at least 14 days' notice; changes do not affect already-confirmed bookings.

10. Your conduct

You must not: breach any law; act fraudulently or deceptively; harass other users; post false reviews or offer incentives for reviews; or arrange or encourage transactions off the platform using contact details obtained through Ourfit. Reviews must reflect your genuine experience. To keep the marketplace safe and enforce these Terms, Ourfit may review messages sent through the platform, using automated and/or manual review, in line with our Privacy Policy.

11. Liability

• ACL guarantees. Ourfit must provide its services with due care and skill. Nothing in these Terms excludes any consumer guarantee or other right that cannot lawfully be excluded.
• Third-party items. Because items are provided by users, then except to the extent required under the Australian Consumer Law, we do not warrant they are free from defects, fit for a particular purpose or new. If an item is not wearable due to a major fault or misdescription, contact us immediately - you may be entitled to a refund.
• Who supplies the item. As between you and the lender, the lender (not Ourfit) is the supplier of the item. Consumer guarantees for the item itself - such as acceptable quality and matching its description - are owed to you by the lender, and your rights under the ACL against the lender are preserved.
• Lender acts and omissions. Ourfit is not responsible for a lender's acts or omissions - including a failure to deliver, late or non-delivery, a cancellation, or an item that does not arrive in time for, or is not suitable for, a particular event or occasion. Where a lender does not fulfil a confirmed booking, your remedy is the refund described in Section 8. To the fullest extent permitted by law - and without limiting your non-excludable rights under the Australian Consumer Law - Ourfit is not liable for any further or consequential loss arising from a lender's conduct, such as the cost of an alternative outfit, travel or accommodation, a missed or spoiled event, or disappointment or loss of enjoyment. For time-critical rentals, we encourage you to allow buffer time and to have a backup plan.
• Limitation. Where the Australian Consumer Law applies and permits limitation (in particular section 64A), our liability for failure to comply with a consumer guarantee for services is limited, at our option, to re-supplying the services or paying the cost of re-supply. Otherwise, to the fullest extent permitted by law, Ourfit's liability is limited to the total fees you paid us for the relevant transaction, and we are not liable for loss of profits or indirect or consequential loss, except where this cannot be excluded.
• Insurance. Ourfit does not currently provide insurance. You remain responsible for loss or damage as set out above.

12. Privacy

We collect, use and disclose your personal information in accordance with our Privacy Policy, which forms part of these Terms and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

13. General

• Termination. You may close your account at any time if you have no active bookings. We may suspend or terminate your account if you breach these Terms, act fraudulently or fail to pay. Sections on fees, disputes, liability, privacy and indemnity survive termination.
• Indemnity. You agree to indemnify Ourfit and its people against claims, liabilities and reasonable costs to the extent caused by your breach of these Terms, your negligence or wilful misconduct, or your unlawful act or omission in connection with your use of Ourfit or your rental or use of any item. This indemnity is reduced to the extent Ourfit's own act or omission contributed to the loss.
• Your content. You keep ownership of content you upload (photos, reviews). You grant Ourfit a non-exclusive, worldwide, royalty-free licence to use it to operate and promote the platform - including showing your photos, attributed to your profile, on item pages, galleries and pickers so others can recognise an item - and you warrant you have the rights to it.
• Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control; affected bookings may be cancelled and amounts refunded.
• Changes to these Terms. We may update these Terms from time to time. For material changes we will give at least 14 days' notice by email or in-platform notice; if you don't agree you may close your account before they take effect (provided you have no active bookings). Continued use after that constitutes acceptance, and changes do not affect bookings already confirmed.
• Entire agreement, assignment and notices. These Terms and the policies they reference are the entire agreement between you and Ourfit about the platform. You may not assign your rights without our consent; we may assign ours. A failure to enforce a term is not a waiver of it. We give notices by email, SMS or in-platform notice; you contact us at the address below.
• Governing law. These Terms are governed by the laws of New South Wales, Australia (where Ourfit is based). Ourfit operates Australia-wide, and the Australian Consumer Law and other federal laws apply nationwide regardless. You may bring proceedings in the courts of New South Wales or, if you prefer, in the courts or tribunal of the Australian state or territory where you live - nothing limits your right to use your local consumer tribunal. If any provision is invalid, it is severed and the rest remains in force.
• Operator / contact. Ourfit is operated by Ourfit Technologies Pty Ltd (ACN 701 948 487, ABN 47 701 948 487), Sydney, NSW. Questions: legal@ourfit.app.

By using Ourfit, you acknowledge that you have read, understood and agree to be bound by these Terms.