Terms of Use

Part A. Software Terms

1. About these terms

1.1 These Software Terms are an agreement between Gecko.Co Pty Limited ABN 42 630 424 574 ("Gecko", "we", "us") and the business that registers for or uses the Software ("Customer", "you").

1.2 By registering for an account, accessing the Software, or accepting an order form or subscription plan that refers to these terms, you agree to them. If you accept on behalf of a business, you warrant that you are authorised to bind that business.

1.3 If we and you have signed a separate written agreement covering the Software, that agreement prevails over these terms to the extent of any inconsistency.

2. Definitions

Booking means a request or reservation made by a Hirer for the supply of Equipment by you.

Equipment means the goods and services you supply for hire in your own business.

Hirer means a person or business that hires Equipment from you.

Hire Contract means the contract for the hire of Equipment between you and a Hirer.

Software means the Gecko hosted software platform, including the voice agent, booking and quoting tools, inventory tools, and the Storefront.

Storefront means the pages hosted by Gecko on your behalf that display your business, your Equipment, and your availability, and through which Hirers may submit Bookings to you.

Subscription Fee means the fee you pay us for access to the Software.

3. What the Software is, and what Gecko does not do

3.1 Gecko licenses software to rental businesses. We provide tools that you use to operate your own hire business, including answering your inbound calls, quoting, taking Bookings, and managing your inventory.

3.2 A Storefront is your storefront. It displays only your Equipment, on your terms, at prices you set. It is a hosted version of your own sales channel. It is not a shared inventory pool, and Gecko does not operate a combined catalogue through which a Hirer can search or compare the Equipment of multiple rental businesses and book from among them.

3.3 For the avoidance of doubt, Gecko does not and will not:

(a) supply, own, hire out, store, deliver, install, or service any Equipment;

(b) set, recommend, negotiate, approve, or vary the price of any hire, which is determined by you alone;

(c) determine the terms on which you hire out Equipment, including your hire conditions, deposit, cancellation, damage, insurance, or dispute terms, which are yours alone and which we do not author, supply, or impose;

(d) become a party to, guarantor of, or agent under any Hire Contract; or

(e) hold any legal or beneficial interest in your hire revenue.

3.4 Any template, sample document, or suggested wording we make available to you is provided for your convenience only. It is not legal advice, we do not adopt it as our own terms, and you are responsible for deciding what contractual terms apply to your hires.

4. Your business and your Hire Contracts

4.1 Every Hire Contract is formed between you and the Hirer. Gecko is not a party to it and has no rights or obligations under it.

4.2 You are solely responsible for:

(a) the description, condition, safety, legality, and fitness for purpose of your Equipment;

(b) the terms of your Hire Contracts, including your hire conditions;

(c) accepting or declining any Booking;

(d) fulfilling the hire, including delivery, collection, and inspection;

(e) all dealings with Hirers, including complaints, damage claims, cancellations, and disputes; and

(f) all licences, permits, insurance, safety obligations, consumer law obligations, and tax obligations arising from your business, including the reporting of your own income.

4.3 You must not describe Gecko to any Hirer or third party as the supplier of Equipment, as a party to a Hire Contract, or as an agent for either party.

5. Subscription Fee

5.1 You pay us the Subscription Fee set out in your plan or order form. The Subscription Fee is a fee for the licence to use the Software and for nothing else.

5.2 The Subscription Fee is a fixed periodic amount. It is not calculated as a share, commission, percentage, or clip of the value of any Booking or Hire Contract.

5.3 We may change the Subscription Fee on 30 days' written notice, effective at the start of your next billing period. If you do not accept the change, you may terminate under clause 11.

5.4 The Subscription Fee is exclusive of GST unless stated otherwise, and is payable without set-off.

6. Your account and acceptable use

6.1 You are responsible for the security of your account credentials and for all activity under your account.

6.2 You must not use the Software to list, promote, or hire Equipment that you do not own or have the right to hire out, or to hold yourself out as another business.

6.3 You must not resell, sublicense, or provide access to the Software to another rental business, or use the Software to operate a marketplace, brokerage, or aggregation service for third-party suppliers.

6.4 You must not misuse the Software, including by attempting to gain unauthorised access, interfering with its operation, or reverse engineering it except to the extent permitted by law.

7. Data

7.1 As between you and us, you own the data you and your Hirers enter into the Software relating to your business, your Equipment, and your Bookings ("Customer Data").

7.2 You grant us a licence to host, process, transmit, and display Customer Data to the extent necessary to provide and support the Software, and to generate aggregated and de-identified analytics that do not identify you, your Hirers, or your business.

7.3 You are the entity responsible for Hirer personal information collected through your Storefront. You must have a privacy policy that complies with applicable law and must handle Hirer personal information in accordance with it. We process that information as your service provider and in accordance with our Privacy Policy.

7.4 On termination, we will make Customer Data available for export for 30 days, after which we may delete it.

8. Intellectual property

8.1 We own the Software and all intellectual property in it. We grant you a non-exclusive, non-transferable, revocable licence to use the Software during your subscription for your internal business purposes.

8.2 You own your trade marks, business name, images, and content. You grant us a licence to display them on your Storefront and, where you have agreed, in customer references and marketing.

8.3 Feedback you give us about the Software may be used by us without restriction or obligation.

9. Availability, warranties, and liability

9.1 We will use reasonable care and skill to provide the Software but do not warrant that it will be uninterrupted or error free. We may perform maintenance and will use reasonable efforts to give notice of planned outages.

9.2 Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability under the Australian Consumer Law may be limited, it is limited to resupplying the Software or paying the cost of resupply.

9.3 Subject to clause 9.2, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, or data.

9.4 Subject to clause 9.2, our total aggregate liability arising out of or in connection with these terms is limited to the Subscription Fees paid by you in the 12 months before the event giving rise to the liability.

9.5 We have no liability whatsoever in connection with any Hire Contract, any Equipment, or any dispute between you and a Hirer.

10. Indemnity

10.1 You indemnify us against any claim, loss, or liability we suffer arising from:

(a) any Hire Contract or any Equipment you supply;

(b) any claim by a Hirer relating to your business, including personal injury, property damage, misdescription, or non-supply;

(c) your breach of these terms or of any law; or

(d) any claim that your content infringes a third party's rights.

11. Term and termination

11.1 These terms apply from when you first access the Software until terminated.

11.2 Either party may terminate at the end of the then-current billing period by giving notice before that period ends.

11.3 We may suspend or terminate immediately if you materially breach these terms, fail to pay, or use the Software in a way that exposes us or a Hirer to risk or legal liability.

11.4 On termination your licence ends, your Storefront is taken down, and accrued fees remain payable. Clauses 3.3, 4, 7.1, 8.1, 9, 10, and 12 survive.

12. General

12.1 We may amend these terms by publishing an updated version and giving you notice. Changes take effect 30 days after notice, except changes required by law, which take effect on the date required.

12.2 Nothing in these terms creates a partnership, joint venture, employment, franchise, or agency relationship between us. Neither party may bind the other.

12.3 You may not assign these terms without our written consent. We may assign to a related body corporate or in connection with a sale of our business.

12.4 These terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

12.5 If any provision is unenforceable, it is severed and the rest continues to apply.

12.6 These terms, together with any order form and our Privacy Policy, are the entire agreement between the parties in relation to the Software.

Part B. Website Terms

13. Who this part applies to

13.1 This part applies to anyone who uses gecko.rent, including a person who views a rental business's Storefront or submits a Booking through one.

13.2 In this part, "you" means that person, and "Rental Business" means the business whose Storefront you are using.

14. Gecko's role

14.1 Gecko makes software for rental businesses. Where you view a Storefront on gecko.rent, that page is operated by the Rental Business named on it, using software we host on its behalf.

14.2 Any hire you arrange is a contract between you and the Rental Business. Gecko is not a party to it, is not the supplier of the equipment, and is not an agent for either party.

14.3 The Rental Business sets its own prices, availability, hire terms, and cancellation and damage policies. Gecko does not set, negotiate, approve, or vary them.

14.4 Questions, changes, complaints, refunds, damage claims, and disputes about a hire must be raised with the Rental Business directly. Gecko cannot resolve them.

15. Directory and information pages

15.1 Some pages on gecko.rent list or describe rental businesses that use our software, or provide general information about the hire industry. These pages are informational and promotional. They are not an offer by Gecko to supply anything, and Gecko does not verify, endorse, or accept responsibility for the equipment, conduct, or claims of any business described on them.

16. Using the site

16.1 You must not use the site unlawfully, attempt to gain unauthorised access to it, scrape it other than as permitted, or interfere with its operation.

16.2 We own the site and its content, other than content supplied by a Rental Business.

17. Liability

17.1 The site is provided on an "as is" basis. Nothing in this part excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

17.2 Subject to clause 17.1, Gecko is not liable for any loss arising from your dealings with a Rental Business, from any equipment hired, or from your reliance on information on the site.

18. Contact and governing law

18.1 Contact: geckorent@gmail.com

18.2 This part is governed by the laws of New South Wales, Australia.