Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Ourfit platform ("Ourfit", "we", "us" or "our"), a peer-to-peer marketplace that allows registered users to list and hire garments and accessories within Australia. By creating an account, browsing listings, submitting a booking request or listing an item on Ourfit, you ("user" or "you") agree to be bound by these Terms. If you do not accept these Terms, you must not use Ourfit.

These Terms constitute a binding legal agreement between you and Ourfit. They include important obligations and limitations of liability, reflect requirements of the Australian Consumer Law (ACL) and set out your rights and responsibilities as a renter or lender. Nothing in these Terms is intended to exclude, restrict or modify any non-excludable rights or guarantees under the ACL.

1. Eligibility and Account Registration

Minimum age. You must be at least 18 years old to create an account, list items or hire items via Ourfit. The age of majority in Australia is 18; contracts with minors are generally unenforceable. If you are under 18, you may not use Ourfit.

Account information. When you register, you agree to provide accurate and current information (including your name, email, telephone, delivery address and payment details). You are responsible for keeping your account details and password secure. You must not share your account with anyone else. You agree to update your information promptly if it changes.

Identity verification. We may require you to verify your identity (for example, by providing a driver's licence or passport) before you list items or complete high-value bookings. You consent to our use of third-party identity verification services for this purpose. We will handle your personal information in accordance with our Privacy Policy and the Australian Privacy Principles.

Prohibited users. You must not create an account if you: (a) have previously been suspended or removed from Ourfit; (b) are located outside Australia (Ourfit currently operates only within Australia); or (c) intend to use the platform for any illegal or fraudulent purpose.

2. Ourfit Services

Marketplace role. Ourfit provides an online platform enabling users to list and hire garments and accessories. Ourfit facilitates transactions and processes payments but does not own, manufacture or take possession of the items listed. Ownership of each item remains with the lender. Ourfit is not a party to the rental contract between lenders and renters, except to the extent required by law. During the minimum viable product (MVP) phase, the only supported shipping method is Australia Post Express (tracked express service) within Australia; in-person exchange or other courier options may be introduced in future.

Service obligations. We will exercise due care and skill in providing our services and endeavour to ensure that listed items match the descriptions provided by lenders. However, we do not guarantee that items will be fit for your particular purpose, nor that they will be free from minor wear or marks consistent with prior use. Items listed for hire are pre-loved and may show minor signs of wear.

Changes to the platform. We may add, modify or remove features of Ourfit at any time. We will endeavour to notify users of material changes to these Terms. Continued use of Ourfit after any change constitutes acceptance of the updated Terms.

3. Listing Items (Lenders)

Permitted items. You may list garments and accessories suitable for personal wear (e.g., dresses, suits, formal wear). Shoes, jewellery and bags are currently prohibited. We may revise permitted categories in the future with notice. You must own the item you list and warrant that it is authentic (not counterfeit), complies with applicable safety and labelling laws and is free from major defects. Items with intimate contact (e.g., lingerie, swimwear) are not permitted.

Item condition and description. You must ensure that any item you list is clean, wearable and free of stains, tears or excessive wear. You must provide accurate descriptions, including brand, size, fabric, condition, and any defects or alterations. Under the ACL, goods supplied to consumers must be of acceptable quality, match their description and be fit for the purposes for which they are commonly supplied. Misrepresenting an item may constitute misleading conduct.

Photos. You must upload clear, well-lit photos showing the front, back and any notable details of the item. Do not upload images that include people's faces, identifiable private premises or copyrighted material without permission. Colour may vary due to lighting or screens; include a disclaimer to that effect.

Listing availability and rental periods. Ourfit currently offers two standard hire periods: 4 days and 8 days. These periods are inclusive of shipping/return dates, meaning you and the renter must allow enough time for the item to be dispatched, delivered, worn and returned within the selected period. When listing, you choose which rental periods are available and set a hire fee. You must update your calendar to reflect unavailable dates and block out time for cleaning, dispatch and return. Failure to block out dates may result in overlapping requests and potential cancellations.

Hire fee and delivery fee. You must set a hire price for your item and a delivery fee for shipping. Renters will see the hire price, delivery fee, and any applicable Ourfit service fee at checkout. You must not charge additional amounts after accepting a booking.

Lender obligations. Once you accept a booking, you must:

• dispatch the item by the dispatch date using the required shipping method (currently Australia Post Express) or deliver it in person if and when that option becomes available;
• include a prepaid Australia Post Express satchel in the parcel so that the renter can return the item at the end of the hire period;
• include care instructions (do not require the renter to wash or clean the item, as cleaning is the lender's responsibility); and
• respond promptly to any communication from the renter or Ourfit regarding the booking.

Right to remove listings. We may remove or suspend any listing that breaches these Terms, is reported by users or appears misleading, unsafe or unlawful. We are not liable for any loss arising from the removal of a listing where we act reasonably.

Concurrent bookings. Unless you own multiple identical items and have clearly indicated this in your listing, you must not accept overlapping bookings for the same item. Accepting bookings for the same dates without the ability to supply the garment may amount to misrepresentation and could result in cancellation of the relevant bookings and suspension of your account.

4. Booking and Payment (Renters)

Booking request. To hire an item, you must submit a booking request specifying your preferred rental period. The lender may accept or decline. When a lender receives multiple requests for the same period, the lender may accept more than one request. A booking is not confirmed until payment has been received. Acceptance by the lender does not guarantee the item until the renter pays. The first renter who pays in full within the specified timeframe secures the booking; any other accepted requests for the same dates will be cancelled without charge.

Payment. Once a lender accepts your request, Ourfit will display the total price including the hire fee, delivery fee, and any applicable Ourfit service fee. You must pay within 24 hours of the lender's acceptance. Payment is processed via our third-party payment processor (currently Stripe). We do not store full payment card details. If you do not pay within 24 hours, your pending booking will automatically cancel and the item will become available to other interested renters. If multiple renters have been accepted for the same period, only the first to complete payment will secure the booking; other accepted requests will be cancelled without charge. Funds paid by renters are held by Ourfit and released to lenders in stages as described in Section 7 (Fees and Taxes).

Security deposit. Ourfit does not require a security deposit for standard bookings in the initial phase. We reserve the right to introduce a bond or pre-authorisation for high-value items or repeat breaches in the future. Any deposit requirements will be disclosed clearly at the time of booking.

Cancellation by renter. If you wish to cancel a confirmed booking, the following policy applies (times are measured from the start date of the rental period). Platform fees charged by Ourfit are non-refundable for change-of-mind cancellations and are returned only where the law requires a refund (for example, if the item has a major failure or is misrepresented).

This cancellation policy is intended to reflect the legitimate costs incurred by lenders and Ourfit in preparing bookings, and to discourage late cancellations. Any refund or reschedule granted under this policy will not include a refund of Ourfit's platform fees unless required by the Australian Consumer Law.

Cancellation by lender. If a lender cannot fulfil a confirmed booking (for example, due to loss or damage to the item), the renter will receive a full refund of all amounts paid, including Ourfit's platform fees and delivery costs. Ourfit may impose penalties on lenders who cancel bookings without reasonable cause.

5. Delivery, Return and Use of Items

Delivery method. During the MVP phase, items must be delivered using Australia Post Express (tracked express service) within Australia. In-person collection or alternative couriers may be introduced later and will be notified to users. Lenders must provide tracking details and dispatch the item so it arrives by the start date. A prepaid Australia Post Express return satchel must be included in the parcel for the renter to send the item back. Risk of loss or damage in transit remains with the lender until delivery is confirmed.

Inspection and acceptance. Upon receiving the item, you must inspect it and notify the lender and Ourfit of any defects or issues within 24 hours. If any issues arise during the hire (for example, you discover damage while wearing the item), you must notify the lender and Ourfit before the end of the rental period. Failure to notify within these timeframes may impact your rights to a refund or credit.

Use of item. You agree to:

• take reasonable care of the item;
• wear it only for its intended purpose;
• follow any care instructions provided;
• not alter, cut, dye, modify or attempt to clean the item yourself; and
• not permit anyone else to use the item.

Cleaning is the responsibility of the lender. Renters must not wash, iron, dry-clean or otherwise treat the garment. Return the item unwashed at the end of the hire period. This helps prevent damage and ensures consistent cleaning standards.

Return. You must return the item by the end date of the rental period, using the prepaid label or method agreed with the lender. For courier returns, you must dispatch the item by the return date; for in-person returns, you must meet at the agreed time and location. Items must be returned clean, dry and free of odours, stains and damage beyond normal wear.

Late returns. If you fail to return the item on time, you will incur a late fee equal to one seventh (1/7) of the standard eight-day hire fee minus shipping for each day (or part day) that the item is late. Late fees accrue for up to seven (7) days and are capped at the retail value of the item. After seven days from the agreed return date, the item will be deemed lost or stolen and you may be charged the full retail price of the item minus any late fees already charged. These fees may be charged to your payment method.

Damage and loss. You are responsible for the item during the rental period. If the item is returned damaged beyond normal wear, you will be liable for the cost of repair or, if the item is beyond repair, for the full replacement value (up to the original retail price). Renters must notify the lender and Ourfit of any damage or issues as soon as possible and no later than the end of the rental period. Lenders must provide evidence of damage, such as dated photographs and repair quotations, within 48 hours (business days) of receiving the returned item. Failure to report damage within these timeframes may result in denial of a claim. Ourfit will mediate disputes and determine appropriate compensation based on available evidence. In the absence of a security deposit, you authorise us to charge your payment method for these costs.

Tracking and status updates. Both lenders and renters must update the status of the booking and enter the relevant tracking number(s) in Ourfit's booking management system when dispatching or returning items. Orders sent without a valid tracking number may be treated as not dispatched. If a lender cannot provide tracking details for a shipment, they may be required to provide a full refund to the renter.

Record of item condition. To assist in resolving any disputes about wear and tear or damage, lenders and renters are encouraged to take clear, time-stamped photographs of the item immediately before dispatch and again immediately upon its return. These photographs should capture the garment from multiple angles and highlight any existing marks or faults. Ourfit may request copies of these photographs during a dispute investigation.

Health and allergy disclaimer. Lenders are required to clean garments between hires, but you acknowledge that items may have been previously worn and may have been cleaned with products containing fragrances, detergents or chemicals that could trigger allergies or sensitivities. By submitting a booking request, you accept this risk. If you have severe allergies, contact the lender for further information before booking.

Failure to provide return satchel. Lenders must include a prepaid Australia Post Express return satchel in the parcel. If a lender fails to provide the required satchel, the renter must still return the item using a trackable Australia Post service and should retain evidence of the postage cost. Ourfit will reimburse the renter for the reasonable cost of return postage and will deduct this amount (and any applicable administrative fee) from the lender's payout. Repeated failures to include a return satchel may result in suspension of the lender's account. In all cases, renters should notify Ourfit promptly if a satchel is missing.

6. User Conduct

Prohibited activities. You must not:

• list or rent prohibited items (including shoes, jewellery or counterfeit goods);
• breach any law, statute or regulation;
• engage in fraudulent or deceptive behaviour;
• harass, threaten or abuse other users;
• post false reviews or offer incentives for positive reviews; or
• attempt to circumvent Ourfit's booking system (for example, by arranging or encouraging off-platform transactions or using contact information obtained through the platform to conclude a hire or sale outside Ourfit).

Circumventing Ourfit deprives us of our platform fees and is strictly prohibited; we may suspend your account and seek to recover the fees that would have been payable.

Content standards. Any content you submit (including item descriptions, photos and reviews) must be accurate, not infringe intellectual property or privacy rights, and not contain offensive, defamatory or unlawful material. We may remove content that breaches these standards and suspend offending users.

Reviews. Reviews must reflect your genuine experience with the item or user. You may not threaten negative reviews to obtain concessions. Ourfit moderates reviews in accordance with ACCC guidance.

7. Fees and Taxes

Platform fees. Ourfit charges fees to cover the costs of operating the platform. These fees may be charged to lenders, renters, or both, and may be structured as a flat amount per booking, a percentage of the hire price, or a combination. The applicable fees and their amounts are displayed during checkout and on the lender dashboard before any transaction is confirmed. All fees include GST where applicable. We do not charge hidden fees.

Delivery fees. Lenders set a delivery fee for shipping items to renters. This fee is displayed separately at checkout. Lenders must not impose additional delivery charges after a booking is accepted. Lenders are responsible for including a prepaid return satchel so the renter can return the item at the end of the hire period.

Changes to fees. We may change our fee structure or amounts at any time. We will provide reasonable notice of any fee changes via email or in-platform notification. Fee changes will not affect bookings that have already been confirmed and paid. Continued use of Ourfit after a fee change takes effect constitutes acceptance of the new fees.

Taxes. Lenders are responsible for reporting and paying any taxes on income earned through Ourfit (including GST if applicable). Ourfit may provide summary information to assist but does not provide tax advice.

Payouts to lenders. Ourfit releases payments to lenders in stages. Once a renter pays for a booking, Ourfit holds the hire fee (less any applicable platform fees) in our payment processor. When the lender dispatches the item and updates the booking with a valid tracking number, Ourfit will automatically release part of the earnings to the lender. The remaining balance is released after the renter returns the item and no damage or late issues are reported. These payouts are processed automatically based on booking status and will occur within 90 days of the renter's payment to comply with our payment processor's manual payout rules. Lenders are responsible for any bank fees charged by their financial institution to receive payouts.

Insurance. Ourfit does not currently provide insurance for lenders or renters during the MVP phase. You remain fully responsible for loss or damage to items as set out in these Terms. We may introduce optional insurance products in the future to cover damage, loss or theft; if we do so, we will provide advance notice and updated terms. Any insurance offering may affect the allocation of liability under these Terms.

8. Dispute Resolution and Complaints

Reporting issues. If you encounter a problem (e.g., a late delivery, misdescribed item or damage dispute), you must report it via the Ourfit app or website within 24 hours. Provide all relevant information (photos, messages, tracking numbers). Ourfit will acknowledge receipt of your complaint and endeavour to respond within a reasonable timeframe.

Resolution process. We will investigate, obtain statements from the parties and propose a resolution. Ourfit's decision is made in good faith and based on available evidence. If you are not satisfied, you may seek external recourse through consumer protection agencies or legal avenues.

Unfair contract terms. We aim to ensure that our standard terms are fair and do not create a significant imbalance. If a court or regulator determines that a term is unfair, the term will be treated as void but the remainder of the agreement will remain in force.

Escalation beyond Ourfit. If we cannot resolve your complaint or dispute through the process described above within a reasonable time, you may request that we facilitate mediation through an independent dispute resolution service. Participation in mediation is voluntary and may incur costs. Nothing in these Terms prevents you from lodging a complaint with a consumer protection agency, such as NSW Fair Trading, or commencing proceedings in a tribunal or court of competent jurisdiction. You and Ourfit agree to attempt to resolve disputes in good faith before commencing legal action.

9. Limitation of Liability

ACL guarantees. Under the ACL, Ourfit is required to provide services with due care and skill and to supply goods (where applicable) that are of acceptable quality and match their description. Nothing in these Terms excludes or restricts any consumer guarantee or other right you have under the ACL or any other law that cannot lawfully be excluded or limited.

No warranty for third-party items. Because the items listed on Ourfit are provided by users, we do not warrant that they will be free from defects, fit for a particular purpose or new. Items may have been worn previously. If the item you receive is not wearable due to a major fault or misdescription, contact us immediately. You may be entitled to a refund.

Limitation of liability. To the fullest extent permitted by law, Ourfit's liability to you arising under or in connection with these Terms or the platform is limited, at our option, to: (a) the re-supply of the services or the payment of the cost of re-supplying the services; or (b) the total amount of fees you paid to us in connection with the relevant transaction. We are not liable for any loss of profits, loss of opportunity or indirect or consequential loss, except where such liability cannot be excluded under law.

10. Privacy and Data Use

Privacy policy. We collect, use and disclose your personal information in accordance with our Privacy Policy, which forms part of these Terms. Our privacy practices comply with the Privacy Act 1988 and the Australian Privacy Principles. We only collect information necessary to provide our services and take reasonable steps to protect it from misuse or unauthorised access.

Data disclosure and marketing. We may share your information with lenders, renters and service providers (such as payment processors, couriers and identity verification services) as necessary to facilitate transactions. We will not sell your personal information to third parties. We may send you marketing communications with your consent; you can opt out at any time.

Cookies and analytics. We use cookies and analytics tools to improve our platform. By using Ourfit, you consent to our use of cookies. You can control cookie preferences through your browser settings.

Mobile-app-specific disclosures. If you access Ourfit via our mobile application, we may collect technical information about your device (such as device type, operating system and app version) and send push notifications to your device. We may request permission to access your device's location services to calculate shipping options or enable future pick-up and drop-off features. You can disable location access and push notifications through your device settings, but doing so may limit functionality. Any location data collected will be used only to provide relevant services and will be handled in accordance with our Privacy Policy.

11. Termination

Termination by you. You may terminate your account at any time by contacting us, provided there are no active bookings. Termination does not affect any rights or obligations that have accrued prior to termination.

Termination by us. We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, fail to pay fees or charges, or if we reasonably believe your continued use of Ourfit may harm us or other users. We may also discontinue Ourfit at any time.

Consequences of termination. Upon termination, all rights granted to you under these Terms cease. Sections 7 (Fees and Taxes), 8 (Dispute Resolution and Complaints), 9 (Limitation of Liability), 10 (Privacy and Data Use) and 11 (Termination) survive termination.

12. General

Governing law. These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and Australia.

Entire agreement. These Terms and any policies referenced herein constitute the entire agreement between you and Ourfit regarding your use of the platform. If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remainder of the Terms will remain in force.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time.

Contact us. If you have any questions about these Terms or our services, please contact us at hello@ourfit.com.au

13. Indemnity

You agree to indemnify and hold harmless Ourfit, its directors, officers, employees and agents from and against any claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your access to or use of Ourfit; (b) any breach of these Terms by you; (c) your listing, hiring or use of any item; or (d) your violation of any law or the rights of any third party (including intellectual property rights). This indemnity survives termination of your account and your use of Ourfit.

14. Intellectual Property and User Content

Ownership of content. You retain ownership of any photos, descriptions, reviews or other content you upload to Ourfit ("User Content").

Licence to Ourfit. By submitting User Content, you grant Ourfit a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence (with the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform and display such User Content in connection with operating and promoting the platform.

Warranties and responsibilities. You warrant that you own or have the necessary rights to submit the User Content and that its use by Ourfit will not infringe any third-party rights, including copyright, trade mark and privacy rights. You are solely responsible for your User Content and agree to indemnify us against any claims arising from it.

15. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms to the extent that the failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, war, terrorism, labour disputes, postal or courier strikes, power outages or failure of telecommunications networks. In such cases we may suspend or cancel affected bookings and will endeavour to notify affected users as soon as practicable. Where a booking is cancelled due to a force majeure event, we will refund any amounts paid for that booking but will not be liable for any additional compensation.

16. Additional Provisions

Off-platform transactions prohibited. You must not use information obtained through Ourfit, including other users' contact details, to arrange or solicit rentals, purchases or sales of items outside Ourfit. Circumventing our platform deprives us of our platform fees and undermines the safety of the marketplace. If you circumvent Ourfit, we may suspend or terminate your account and seek to recover any fees that would have been payable had the transaction occurred through Ourfit.

Record of item condition. Lenders and renters are encouraged to take clear, time-stamped photographs of the item immediately prior to dispatch and again upon its return, showing the garment from multiple angles and noting any existing marks or faults. These photos may be requested by Ourfit to help resolve disputes regarding damage or wear.

Health and allergy disclaimer. While lenders must clean garments between hires, garments may have been worn by others and may have been cleaned using products that could cause allergic reactions or sensitivities. By using Ourfit, you acknowledge and accept this risk. If you have severe allergies, discuss your concerns with the lender before booking.

Concurrent bookings. Lenders must not accept overlapping bookings for the same item unless they possess multiple identical items and have clearly stated this in their listing. Overbooking may result in cancellation of the affected bookings and suspension of the lender's account.

Insurance. Ourfit does not provide insurance for lenders or renters during the MVP phase. We may offer optional insurance products in the future. Any insurance offering will be subject to separate terms and may alter the allocation of risk for loss or damage.

Mobile-app disclosures. If you use Ourfit's mobile application, you consent to our collection of technical and usage information about your device and to our sending of push notifications. We may request access to your device's location services to facilitate shipping calculations or future pick-up/drop-off features. You can disable such permissions in your device settings, though doing so may limit the functionality of the app.

Dispute escalation. We aim to resolve disputes internally. If a matter cannot be resolved through our internal process within a reasonable period, you may ask us to facilitate mediation through an independent dispute resolution provider. Participation in mediation is voluntary and may involve fees. Nothing in these Terms prevents you from seeking assistance from a consumer affairs agency or commencing proceedings in a tribunal or court of competent jurisdiction.

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