AIRHIRE TERMS & CONDITIONS

---

AirHire Terms of Business

Effective Date: 29/05/2025 

Last Updated: 29/05/2025

Welcome to AirHire!

AirHire is a peer-to-peer equipment rental marketplace designed to connect Suppliers and Hirers in a secure and convenient way. These Terms of Business outline the rights, responsibilities, and obligations of all users when accessing or using the AirHire platform.

By using AirHire, you agree to these Terms and acknowledge that all transactions, payments, and interactions on the platform are subject to our Terms of Business, Privacy Policy, and other applicable policies.

We encourage you to review these terms carefully, and if you have any questions, feel free to contact us.

1. Definitions

1.1. "AirHire" ("we," "our," or "us") refers to AirHire.App Pty Ltd, the operator of the AirHire platform.

1.2. "Platform" refers to the AirHire website, mobile application, and related digital services that facilitate peer-to-peer equipment rentals.

1.3. "Supplier" refers to any individual or business that lists equipment for hire on the AirHire platform.

1.4. "Hirer" refers to any individual or business that books and rents equipment from a Supplier through the AirHire platform.

1.5. "User" refers to any individual, business, or entity that accesses, registers, or interacts with the AirHire platform. This includes, but is not limited to, Hirers, Suppliers, and visitors browsing the platform.

1.6. "Booking" refers to a confirmed rental agreement between a Supplier and a Hirer, facilitated through the AirHire platform.

1.7. "Commission Fee" refers to the percentage of the total booking amount charged by AirHire for facilitating transactions.

1.8. "Security Deposit (Bond)" refers to a refundable amount held in escrow by AirHire during a booking, which may be deducted in part or full for late returns, damage, or failure to comply with rental terms.

1.9. "Third-Party Identity Verification Services" refers to services used by AirHire, such as but not limited to Stripe Identity, to verify user identities.

1.10. "Force Majeure" refers to unforeseen events beyond AirHire’s reasonable control that may impact platform operations, including but not limited to natural disasters, cyberattacks, and government-imposed restrictions.

1.11. "Dry Hire" refers to the rental of equipment without an operator. Under a Dry Hire arrangement, the Hirer is solely responsible for the operation, use, and return of the equipment in accordance with these Terms of Business, including compliance with licensing and safety laws.

1.12. “Platform Content” refers to all text, images, logos, trademarks, software, data, and other materials available on the AirHire platform, including user-generated content such as listings, reviews, and messages where applicable. This excludes personal user information or private communications, except where such messages violate AirHire's policies (e.g., fraud, harassment). All intellectual property within the platform is either owned by or licensed to AirHire

1.13. “Equipment ID” refers to the unique system-generated identifier assigned to each piece of equipment on the AirHire platform. It is used for tracking, dispute resolution, and claim processing related to bookings.

2. Scope of Services

2.1. AirHire operates as a marketplace facilitating peer-to-peer equipment rentals and does not directly provide the equipment or services listed on the platform. AirHire enables individuals and businesses ("Suppliers") to list and rent out equipment to users ("Hirers") through the platform

2.2. AirHire’s role is limited to providing the platform, processing payments, and facilitating introductions and communication between Suppliers and Hirers. AirHire is not a party to rental agreements formed between Suppliers and Hirers and does not own, inspect, or guarantee the condition of any equipment listed on the platform

2.3. AirHire does not act as an agent, employer, contractor, or insurer for Suppliers or Hirers. Suppliers are solely responsible for ensuring that the equipment they provide is safe, fit for purpose, and compliant with all applicable laws and regulations.

2.4. AirHire facilitates Dry Hire transactions only. This means that AirHire does not provide operators, labor, or any associated services in connection with rented equipment.

2.5. Hirers must ensure they hold the necessary skills, training, or legally required licenses before operating rented equipment. Suppliers may request proof of licensing before releasing equipment, and failure to provide valid documentation may result in cancellation under AirHire’s cancellation policy.

3. Fees and Payment Terms (Applicable to Suppliers)

3.1. This section applies to Suppliers listing equipment on the AirHire platform. It outlines the commission structure, payment processing, and other financial obligations of Suppliers when renting out equipment to Hirers.

3.2. AirHire charges a commission of 7.5% on all transactions processed through the platform. This commission is calculated as a percentage of the total amount agreed between the Hirer and the Supplier for their services.

3.3. All payments and Security Deposits (Bonds) related to equipment bookings will be held in escrow by AirHire when the hirer books the equipment.

(a). Each transaction will be automatically linked to the Equipment ID assigned to the rented item for payment tracking and dispute resolution

3.4. Upon the successful completion of the booking period, the payment and bond will be distributed to the Supplier, deducting any applicable late fees or damage claims

3.5. AirHire processes payments to Suppliers within 3-5 days after the booking period ends, subject to the deduction of its commission and any applicable fees

3.6. AirHire may be required to charge GST on its commission fees under Australian tax law. Where applicable, the commission fee will include GST.

3.7. For Suppliers who register and list equipment on the AirHire platform within the first six (6) months of the platform’s launch (the "Promotional Period"), AirHire will apply a reduced commission rate of 5% on all transactions processed through the platform.

(a). This promotional rate is grandfathered and will remain applicable indefinitely for Suppliers who registered during the Promotional Period, provided they remain active on the platform and comply with all AirHire terms and conditions.

(b). For all new Suppliers who join after the Promotional Period ends, the standard commission rate of 7.5% will apply.

3.8. AirHire reserves the right to review and adjust its commission structure in the future, subject to notice provided to all affected Suppliers.

3.9. For business transactions, AirHire’s platform allows Hirers to include a Purchase Order (PO) reference in invoices for record-keeping purposes. However, this does not modify AirHire’s standard payment terms, commission fees, or transaction processing. All payments must be completed through the AirHire platform, and direct transactions outside the platform are strictly prohibited.

3.10. Equipment Suppliers must provide an accurate Recommended Retail Price (RRP) for each listing. The RRP will be recorded in the listing details and may be used:

(a). To assess potential insurance claims.

(b). To determine appropriate Security Deposits (Bonds) for the rental.

(c). For general dispute resolution purposes.

3.11. AirHire reserves the right to verify the RRP provided by Suppliers. If a Supplier is found to have misrepresented the RRP, AirHire may take corrective actions, including adjusting the bond amount or suspending the listing.

4. Supplier Responsibilities

4.1. Suppliers must deliver services as agreed upon with the Hirer, adhering to quality standards, deadlines and all applicable laws and safety standards.

4.2. Suppliers are solely responsible for all tax obligations arising from their use of the AirHire platform, including but not limited to income tax, GST, withholding tax, or any other applicable taxes. AirHire accepts no liability for any failure by a Supplier to comply with Australian tax laws.

4.3. Suppliers agree to process all Hirer transactions exclusively through the AirHire platform and not accept direct payments from Hirers.

4.4. Suppliers must have full legal ownership of any equipment listed for hire on the AirHire platform. Equipment must be:

(a). Wholly owned by the Supplier as an individual; or

(b). Owned by a business entity in which the Supplier is a legal director or authorised representative.

4.5. Suppliers are prohibited from listing or hiring out equipment they do not own or are not legally entitled to rent, including but not limited to:

(a). Equipment owned by an employer, client, or third party without their express authorisation;

(b). Equipment under a lease, financing agreement, or hire-purchase contract that prohibits sub-rental;

(c). Government, corporate, or company-owned equipment without documented approval.

4.6. AirHire reserves the right to immediately suspend listings or accounts if ownership verification is not provided within 48 hours if requested

4.7. Suppliers must clearly state in their listing if any rented equipment requires a license, permit, or qualification to legally operate, including but not limited to:

(a). Motor vehicles (e.g., Utes, trucks, vans, commercial transport vehicles) requiring a relevant Australian state or territory driver’s license;

(b). Heavy machinery (e.g., mini diggers, excavators, skid steers, loaders, dumpers) requiring a relevant Australian state or territory operator’s license;

(c). Elevating Work Platforms (e.g., cherry pickers, scissor lifts, boom lifts) requiring a High-Risk Work License in accordance with Australian and/or State or Territory workplace safety laws.

4.8. Suppliers must ensure they do not misrepresent licensing requirements in listings. Misrepresentation of equipment licensing requirements may result in removal of the listing or suspension of the Supplier’s account.

4.9. Suppliers are responsible for ensuring their equipment complies with all relevant safety, registration, and operational laws before listing it on AirHire.

4.10. If a Hirer fails to meet licensing or qualification requirements, the Supplier may refuse to provide the equipment, and standard cancellation policies will apply.

4.11. For equipment that requires specialised knowledge, training, or safety precautions, the Supplier must provide either:

(a). An official equipment manual; or

(b). A video demonstration or written operating instructions.

4.12. Suppliers must ensure that any provided instructions comply with manufacturer guidelines and legal safety requirements.

4.13. AirHire recommends that Suppliers provide clear safety guidelines for complex or hazardous equipment to minimise damage and misuse.

4.14. Suppliers acknowledge their responsibility to maintain appropriate insurance for their equipment. Refer to Clause 8 (Insurance Requirements) in this agreement for details.

4.15. Suppliers must confirm the return of rented equipment via the AirHire platform within 12 hours of rental completion.

(a). Failure to confirm the return within this timeframe will result in automatic late fees charged to the Hirer.

(b). Late fees will not apply if the Supplier confirms the return within the allowed timeframe.

(c). If a dispute arises over late fees, the Equipment ID and recorded return confirmation will be used as reference.

5. Hirer Responsibilities

5.1. Provide accurate and complete information when registering and creating job listings on the AirHire platform.

5.2. Comply with all applicable laws and regulations of Australia and, related to hiring, contracts, and payments.

5.3. Honor agreed terms with Suppliers, including scope of work, timelines, and payment obligations.

5.4. Use rented equipment responsibly and lawfully

5.5. Hirers must report any damage, malfunctions, or missing parts to AirHire via the platform within four (4) hours of returning the equipment.

(a). Once reported, AirHire will notify the Supplier, who may submit a formal damage claim with photographic evidence, repair quotes, and any supporting documentation.

(b). Failure to report damage within the required timeframe may impact the Hirer’s liability for repair or replacement costs.

5.6. Hirers are responsible for ensuring they hold the necessary license, permit, or qualification required to operate the equipment they rent.

5.7. Before renting any equipment that requires a specific license or permit, the Hirer must:

(a). Verify their eligibility and confirm that their license is valid and current;

(b). Provide a copy of their license or certification to the Supplier, if requested;

(c). Comply with all laws, safety regulations, and road rules applicable to the operation of the rented equipment.

5.8. If a Supplier requires proof of licensing, the Hirer must provide it before taking possession of the equipment.

5.9. Hirers must not operate, or allow another person to operate, any rented equipment without the legally required license. If a Hirer does so, they assume full responsibility for any legal consequences, fines, or damages.

5.10. Hirers must read, watch, or follow any equipment manual, video demonstration, or instructions provided by the Supplier before use.

5.11. Hirers must not operate any equipment in a manner inconsistent with manufacturer recommendations, safety regulations, or applicable licensing laws.

5.12. If a Hirer is uncertain about how to use the equipment, they must not operate it until they receive clarification from the Supplier and confirm they understand its proper usage.

5.13. Any damage caused due to failure to follow instructions or negligent use shall be the responsibility of the Hirer.

6. Intellectual Property and Platform Usage

6.1. AirHire grants users a non-exclusive, non-transferable, revocable license to use the platform solely for its intended purpose.

6.2. All content, trademarks, logos, software, text, images, and other materials available on the AirHire platform (“Platform Content”) are owned by or licensed to AirHire and are protected by intellectual property laws. Users must not copy, reproduce, distribute, modify, or commercially exploit any Platform Content without prior written consent from AirHire.

6.3. Users retain ownership of any content they create, including listings, reviews, and ratings. By posting or submitting content on AirHire, users grant AirHire a non-exclusive, royalty-free, worldwide, and perpetual license to use, display, modify, and distribute such content for platform operations and promotional purposes. Users must ensure their content does not infringe intellectual property rights, contain misleading information, or violate AirHire policies.

6.4. Misuse of the platform, including unauthorised payments, fraudulent or deceptive activity, or inappropriate or defamatory conduct, circumvent or attempt to bypass AirHire’s payment system by arranging direct payments outside the platform, may result in suspension or termination of your account.

6.5. AirHire reserves the right to suspend or terminate your account if you violate these terms, misuse the platform, or engage in any activity deemed harmful to AirHire, its users, or third parties

6.6. By using AirHire, Suppliers and Hirers consent to receiving SMS, email, and other electronic communications from AirHire regarding:

(a). Booking confirmations, updates, and reminders related to rentals;

(b). Payment and transaction notifications;

(c). Security alerts, account verification, and service updates;

(d). Operational messages necessary for the platform’s functionality; and

(e). Marketing and promotional messages, where consent has been provided.

6.7. Users may opt out of marketing communications at any time by following the unsubscribe instructions provided in emails or replying "STOP" to SMS messages.

6.8. Transactional and operational messages (e.g., booking confirmations, security alerts) are essential to platform functionality and cannot be opted out of unless the user deactivates their account.

6.9. AirHire does not share user contact details with third parties for marketing purposes without explicit consent.

7. Data Privacy & Security

7.1. By using AirHire, users consent to the collection, storage, and processing of personal data as outlined in the AirHire Privacy Policy [insert link].

7.2. AirHire may collect and process user data, including payment information, transaction history, and user-generated content, to facilitate bookings and improve platform functionality.

7.3. Identity verification services on the AirHire platform may be facilitated by third-party providers such as Stripe Identity. Users acknowledge that AirHire does not store or process identity documents (e.g., passports, driver’s licenses) directly but receives verification results to confirm user authenticity and prevent fraud.

7.4. AirHire implements security measures to protect user data but cannot guarantee absolute protection against cyber threats, unauthorised access, or data breaches. Users acknowledge that they share data at their own risk.

7.5. Users are responsible for maintaining the confidentiality of their account credentials and must not share their passwords or login details with third parties.

AirHire is not liable for any unauthorised account access resulting from user negligence.

7.6. In the event of a data breach affecting user information, AirHire will take reasonable steps to notify affected users and comply with Australian privacy laws.

8. Insurance Requirements

Supplier Arranged Insurance

8.1. Suppliers must arrange and maintain their own insurance policy that explicitly covers third-party equipment rentals.

(a). AirHire does not verify Supplier insurance policies and assumes no liability for coverage disputes.

(b). Suppliers must ensure their insurance provider is aware that the equipment is rented out and that it is covered under their policy.

8.2. AirHire does not charge an insurance fee for equipment rentals. Suppliers are responsible for ensuring they have appropriate insurance coverage before listing equipment.

8.3. In the event of damage, theft, or a dispute, AirHire may assist in facilitating a resolution by providing transaction records, communication logs, and Equipment ID details to the Supplier and their insurer.

8.4. AirHire does not guarantee coverage decisions, claim approvals, or payouts made by a Supplier’s insurer.

Hirer Liability

8.5. Hirers are responsible for ensuring they understand and accept the risks associated with hiring equipment from Suppliers. If a Hirer damages equipment, they may be liable for repair or replacement costs, subject to the Supplier’s insurance policy.

8.6. If a Hirer causes injury or property damage while using the rented equipment, they may be personally liable unless covered by their own insurance.

Public Liability Insurance for Suppliers & Hirers

8.7. AirHire provides a Public Liability Insurance policy covering third-party bodily injury and property damage directly caused by the rental use of equipment facilitated through the platform, with coverage up to AUD $20 million.

8.8. The AirHire Public Liability Insurance does not cover:

(a). Damage, theft, or loss of rented equipment (Suppliers must maintain their own insurance for this).

(b). Negligence, intentional misuse, or regulatory breaches by either party, including failure to comply with safety or licensing laws.

(c). Incidents occurring outside the rental period or beyond the agreed usage terms.

8.9. Responsibilities & Claim Process under AirHire Public Liability Insurance:

(a). Suppliers and Hirers remain responsible for compliance with all safety, licensing, and operational obligations outlined in Clauses 4 & 5 of this agreement.

(b). All incidents must be reported to AirHire within 12 hours via the platform for assessment.

(c). Legal costs for third-party claims may be covered, subject to insurer review and policy compliance.

9. Damage Claims & Dispute Resolution

9.1. In the event of damage, theft, or a dispute over the condition of the rented equipment, the Supplier must submit a damage claim via the AirHire platform within 24 hours of the equipment being returned.

9.2. The claim must include:

(a). Photographic evidence of damage or missing parts.

(b). The Equipment ID, which will be referenced for all claims, disputes, and liability assessments.

9.3. AirHire will review the submitted claim and facilitate communication between the Supplier and Hirer to determine the best resolution.

9.4. If the Supplier’s own insurance policy covers damage or theft, the Supplier must handle the insurance claim directly with their insurer. AirHire may assist by providing transaction records, communication logs, and Equipment ID details to support the claim process.

9.5. If a Hirer disputes a claim, AirHire may act as a mediator, but final liability decisions rest with the Supplier, Hirer, and any involved insurance provider.

9.6. If an agreement cannot be reached between the Supplier and Hirer, the Supplier may choose to:

(a). Pursue recovery through their insurance provider, OR

(b). Initiate a legal claim against the Hirer.

9.7. If a dispute escalates, AirHire reserves the right to temporarily withhold Security Deposits (Bonds) while an investigation is underway.

10. Limitation of Liability

10.1. AirHire is not liable for any loss of income, personal injury, property damage or financial loss suffered by Hirers, Suppliers, or any third party due to misuse, tampering, or improper operation of equipment.

10.2. AirHire may use third-party identity verification services, such as but not limited to Stripe Identity, to verify user identities. However, AirHire does not verify, guarantee

or assume responsibility for the accuracy, validity or authenticity of any identification provided by users or third-party verification services

(a). AirHire is not liable if equipment is hired or operated by an individual using a false, expired, suspended or otherwise invalid licence or permit under Australian law. Suppliers are responsible for verifying the eligibility of Hirers before allowing access to equipment.

10.3. AirHire does not inspect, own, or maintain any equipment listed on the platform and makes no warranties as to its condition, safety, or fitness for use. Suppliers are solely responsible for ensuring that their equipment meets all applicable legal and safety standards.

10.4. AirHire provides a systematic process for resolving disputes between Hirers and Suppliers. However, AirHire is not a party to the contracts formed between Hirers and Suppliers and is not liable for any disputes arising from those contracts.

(a). In the event of a dispute over a rental transaction, the Equipment ID linked to the booking will serve as the primary reference for AirHire’s internal dispute resolution processes.

10.5. Hirers and Suppliers are encouraged to communicate directly to resolve disputes. If required, AirHire may mediate but does not guarantee outcomes.

10.6. AirHire’s total liability is limited to the commission fee received for the relevant transaction.

10.7. AirHire does not verify equipment ownership, and Suppliers are solely responsible for ensuring they have legal ownership or rights to rent out equipment. Any disputes regarding ownership must be resolved directly between the Supplier and the third party. AirHire assumes no liability for such disputes but reserves the right to request proof of ownership at any time.

10.8. Users are responsible for reviewing their applicable insurance policy terms and understanding their financial obligations in the event of a claim.

10.9. AirHire does not provide rental insurance for Suppliers or Hirers. Suppliers must ensure their equipment is insured under their own policy. Any damage, theft, or liability claims must be handled directly between the Supplier, Hirer, and their insurance provider.

(a). AirHire’s role is strictly limited to providing platform records, transaction logs, and Equipment ID details to assist dispute resolution.

10.10. AirHire is not liable for any fines, penalties, injuries, property damage, or legal consequences arising from a Hirer operating equipment without the legally required license or qualification.

10.11. Suppliers and Hirers are solely responsible for ensuring compliance with all applicable laws and safety regulations when renting and operating licensed equipment.

12. AirHire is not liable for injuries, property damage, or equipment malfunctions arising from a Hirer’s failure to follow manufacturer instructions or Supplier-provided guidelines.

10.13. Suppliers and Hirers acknowledge that AirHire does not provide equipment training and is not responsible for verifying the Hirer’s competency in operating rented equipment

10.14. AirHire provides a marketplace for Dry Hire equipment rentals only and does not supply operators, training, or supervision for any rented equipment.

10.15. Hirers acknowledge that they are solely responsible for ensuring they have the necessary skills, experience, and licensing to legally and safely operate rented equipment.

10.16. AirHire is not liable for any injuries, property damage, or legal issues arising from the misuse, improper operation, or lack of qualifications of a Hirer using Dry Hire equipment.

11. Termination

11.1. AirHire reserves the right to terminate access to the platform for any user who violates these terms.

11.2. Upon termination, all outstanding payments and commissions must be settled immediately, and the user may forfeit any unpaid earnings, deposits, or account balances subject to an investigation by AirHire.

11.3. AirHire reserves the right to suspend, restrict, or permanently terminate a user's access to the platform without prior notice if the user engages in any of the following prohibited activities:

(a). Fraudulent activity, misrepresentation, or identity theft in connection with their account or transactions.

(b). Repeated non-compliance with AirHire's policies, including but not limited to excessive cancellations, non-payment, late returns, or breaches of rental agreements.

(c). Attempting to circumvent the platform by conducting rentals, transactions, or communication outside of AirHire to avoid commission fees.

(d). Posting false, defamatory, or misleading content, engaging in harassment or abusive behavior toward other users or AirHire representatives.

(e). Using the platform for illegal, deceptive, or unauthorised purposes, including but not limited to fraudulent chargebacks, money laundering, or violating applicable laws.

(f). If necessary, AirHire may withhold or freeze funds, security deposits, or earnings pending the outcome of any investigation into violation of terms.

11.4. Users whose accounts are terminated are permanently prohibited from re-registering or creating new accounts under any name without prior written

approval from AirHire. AirHire reserves the right to block or take legal action against users attempting to evade termination policies.

12. Amendments

12.1. AirHire reserves the right to update these Terms of Business at any time.

12.2. Changes will be communicated via email or platform notifications and will take effect upon posting.

13. Governing Law

13.1. These terms are governed by and construed in accordance with the laws of Australia and, where applicable, the laws of New South Wales.

14. Force Majeure

14.1. AirHire is not responsible for delays or failures caused by force majeure events, including but not limited to natural disasters, government restrictions, cyberattacks, infrastructure failures, or pandemics. In such events, AirHire will take reasonable steps to mitigate service disruptions but is not liable for resulting delays or losses

If you have any questions, please contact us at support@airhire.app.

AirHire Team