Terms of Service | PackMyRide

IMPORTANT: These Terms of Service constitute a legally binding agreement between you and FlowPilot Pty Ltd (ABN 86 623 003 967), trading as packmyride.com. By accessing or using PackMyRide.com (the "Platform"), you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. About PackMyRide

1.1 The Platform

PackMyRide.com is an online peer-to-peer marketplace operated by FlowPilot Pty Ltd (ABN 86 623 003 967), trading as packmyride.com ("PackMyRide", "we", "us", or "our") that connects individuals who own bike travel bags and cases ("Hosts") with individuals seeking to rent them ("Renters"). Hosts and Renters are collectively referred to as "Users" or "you".

1.2 Facilitator Role

PackMyRide operates solely as a facilitator. We provide the technology platform that enables Hosts and Renters to connect, communicate, and transact. We are not a party to any rental agreement between a Host and a Renter. PackMyRide is not an agent, insurer, or guarantor for any User, listing, or rental transaction.

When a Renter books a listing, a direct rental agreement is formed between the Host and the Renter. PackMyRide is not responsible for the performance, quality, safety, legality, or suitability of any listed item, nor for the acts or omissions of any User.

1.3 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Where PackMyRide supplies services to you (such as access to the Platform and payment facilitation), those services come with guarantees that cannot be excluded under the ACL, including that services will be provided with due care and skill. Our liability for breach of a non-excludable guarantee is limited, to the extent permitted by law, to the re-supply of the services or payment of the cost of having the services re-supplied.

2. Eligibility and Accounts

2.1 Eligibility

To use PackMyRide, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. By creating an account, you represent and warrant that you meet these requirements.

2.2 Account Registration

You must create an account to list or rent items on PackMyRide. Account registration and authentication is managed through our authentication provider, Clerk. You agree to:

(a) Provide accurate, current, and complete information during registration.
(b) Keep your account credentials secure and confidential.
(c) Promptly update your account information if it changes.
(d) Not create more than one account, or create an account on behalf of another person without their authorisation.
(e) Accept responsibility for all activity that occurs under your account.

2.3 Identity Verification

PackMyRide may require you to verify your identity at any time. You agree to provide any requested documentation promptly. Failure to verify your identity may result in suspension or termination of your account.

3. Listings and Bookings

3.1 Host Obligations

By creating a listing, Hosts represent and warrant that they:

(a) Own the item or are legally authorised to rent it out.
(b) Have accurately described the item's condition, size, compatibility, and any relevant specifications, including photographs that fairly represent the item's current state.
(c) Will ensure the item is clean, functional, safe, and fit for its intended purpose at the time of each rental handover.
(d) Will comply with all applicable laws, regulations, and safety standards.
(e) Will not include misleading, deceptive, or false information in any listing.

3.2 Renter Obligations

By booking a listing, Renters agree that they:

(a) Will use the item in accordance with its intended purpose and any manufacturer instructions.
(b) Will not modify, alter, or make any unauthorised changes to the item.
(c) Assume responsibility for the item from the point of collection/handover until it is returned to the Host.
(d) Will inspect the item at the time of collection and promptly raise any concerns about its condition before use.
(e) Will return the item in the same condition as received, allowing for fair wear and tear.
(f) Will promptly report any damage, loss, or theft in accordance with Section 5 (Damage, Loss, and Disputes).

3.3 Booking Confirmation

A booking is confirmed when the Renter's payment is successfully processed through the Platform. Upon confirmation, a binding rental agreement is formed directly between the Host and the Renter. PackMyRide is not a party to this agreement.

3.4 Handover

Hosts and Renters are responsible for arranging the handover and return of items. PackMyRide recommends that both parties inspect the item together at handover and return, and document its condition with photographs. PackMyRide is not responsible for coordinating, supervising, or verifying any handover.

4. Cancellations

4.1 Cancellation Policies

Hosts may select one of the following cancellation policies for each listing:

Flexible: Renters may cancel free of charge up to 24 hours before the scheduled collection time. Cancellations made less than 24 hours before collection will not be refunded.

Moderate: Renters may cancel free of charge up to 5 days before the scheduled collection time. Cancellations made between 5 days and 24 hours before collection will receive a 50% refund of the rental fee. Cancellations made less than 24 hours before collection will not be refunded.

4.2 Host Cancellations

If a Host cancels a confirmed booking, the Renter will receive a full refund of all amounts paid (including any service fees). Hosts who repeatedly cancel confirmed bookings may have their accounts suspended or terminated.

4.3 Platform Cancellations

PackMyRide reserves the right to cancel any booking at its discretion where it reasonably believes it is necessary for safety, fraud prevention, or compliance with these Terms or applicable law. In such cases, PackMyRide will determine the appropriate refund in its sole discretion.

5. Damage, Loss, and Disputes

5.1 Security Deposits

Hosts may set a security deposit amount for each listing. Security deposits are authorised (but not captured) via Stripe at the time of booking. The deposit authorisation will be released if no damage claim is made within the timeframes specified below.

If a damage claim is substantiated, PackMyRide may capture the relevant portion of the security deposit (up to the full deposit amount) and remit it to the Host. PackMyRide does not guarantee that any security deposit will be sufficient to cover the full cost of damage or loss.

5.2 Renter Responsibility

The Renter is responsible for the item from the point of collection until the point of return, including for any loss, theft, or damage beyond fair wear and tear. Fair wear and tear means minor deterioration consistent with normal, careful use of the item for its intended purpose during the rental period (for example, light surface marks from standard travel use).

5.3 Reporting Damage or Loss

Damage, loss, or theft must be reported through the Platform within 24 hours of the item's return (or, in the case of theft or loss, within 24 hours of discovery). Reports must include:

(a) A description of the damage, loss, or theft.
(b) Photographic evidence of the item's condition (where applicable).
(c) A police report reference number (in the case of theft).

Failure to report within the required timeframe may affect the ability to make a claim against the security deposit.

5.4 No Insurance

PackMyRide does not provide insurance, guarantee, or protection of any kind for items listed or rented through the Platform. Users are solely responsible for obtaining their own insurance coverage. Hosts are encouraged to check whether their existing home and contents insurance covers peer-to-peer rental of their items.

5.5 Dispute Resolution

If a dispute arises between a Host and a Renter:

(a) The parties must first attempt to resolve the dispute directly through the Platform's messaging system.
(b) If the dispute is not resolved within 48 hours, either party may escalate the matter to PackMyRide Support.
(c) PackMyRide will review the evidence provided by both parties and may, in its sole discretion, determine the appropriate platform-level remedy, including (but not limited to) capturing or releasing security deposits, issuing refunds or credits, or taking account actions.

PackMyRide's determination on platform-level remedies is final. However, nothing in this clause limits or prevents any User from pursuing their rights under the ACL or any other applicable law through external legal channels, including courts or tribunals.

6. Fees and Payments

6.1 Service Fees

PackMyRide charges service fees to facilitate transactions on the Platform. The applicable fees are displayed to both Hosts and Renters before a booking is confirmed. Current fees are a service fee of 15% charged on each booking, calculated on the rental price (excluding the security deposit).

All fees are inclusive of GST where applicable. PackMyRide reserves the right to change its fee structure with reasonable notice to Users.

6.2 Payment Processing

All payments on the Platform are processed by Stripe Payments Australia Pty Ltd ("Stripe"). By using the Platform, you agree to be bound by the Stripe Connected Account Agreement and any other applicable Stripe terms and conditions available at stripe.com/au/legal.

PackMyRide may share relevant User and transaction information with Stripe to facilitate payments, fraud monitoring, identity verification, and regulatory compliance.

6.3 Host Payouts

Host payouts are initiated after the rental period commences, subject to any applicable clearance period. Payout timing may vary depending on Stripe processing times and any disputes or investigations. PackMyRide is not responsible for delays caused by Stripe or by incomplete or inaccurate banking details provided by the Host.

6.4 Host Payment Obligations

Hosts must provide accurate identity, tax, and banking details as required by Stripe and applicable law, and keep them up to date. Hosts acknowledge that:

(a) Stripe may suspend or terminate payment services in accordance with its own terms, which may affect the Host's ability to receive payouts or use PackMyRide.
(b) PackMyRide may withhold, delay, or reverse payouts where there is a dispute, chargeback, suspected fraud, or breach of these Terms.
(c) PackMyRide may offset negative balances against future payouts.

6.5 Refunds and Chargebacks

PackMyRide may issue refunds or credits in accordance with these Terms, the applicable cancellation policy, or at its discretion. Where a chargeback is initiated by a Renter's payment provider, the Host bears the risk of the reversed amount, and PackMyRide may deduct this from future payouts.

6.6 Tax Obligations

Users are solely responsible for determining and fulfilling their own tax obligations, including GST, income tax, and any obligations arising under the Australian Taxation Office's sharing economy reporting regime. PackMyRide may be required to report certain transaction information to the ATO and will do so as required by law.

7. User Conduct and Prohibited Activities

7.1 General Conduct

You agree to use the Platform lawfully, respectfully, and in accordance with these Terms. You must comply with all applicable Australian laws and regulations.

7.2 Prohibited Activities

You must not:

(a) Provide false, misleading, or inaccurate information in your profile, listings, or communications.
(b) Create a fake identity or impersonate another person.
(c) Use the Platform for any unlawful, harmful, or fraudulent purpose.
(d) Use rented items to transport prohibited, illegal, or dangerous goods, or in any manner that is unsafe or contrary to the item's intended purpose.
(e) Overload, modify, or use items in a way that could cause damage or create a safety risk.
(f) Circumvent the Platform by arranging off-platform payments or repeat rentals to avoid fees.
(g) Harass, abuse, threaten, or discriminate against other Users.
(h) Upload malware, interfere with the Platform's operation, scrape data, or abuse the API.
(i) Attempt to manipulate reviews, ratings, or search results.

7.3 Consequences of Breach

PackMyRide may, at its sole discretion, take any or all of the following actions in response to a breach or suspected breach of these Terms:

(a) Issue a warning.
(b) Remove or suspend listings.
(c) Suspend or terminate your account (immediately in the case of serious or repeated breaches, fraud, safety concerns, or chargebacks).
(d) Withhold or reverse payouts.
(e) Report the matter to relevant authorities.

8. Limitation of Liability

8.1 Platform Disclaimers

To the maximum extent permitted by law and subject to Section 1.3 (Australian Consumer Law):

(a) PackMyRide provides the Platform on an "as is" and "as available" basis.
(b) PackMyRide makes no representations or warranties regarding the accuracy of listings, the quality, safety, or legality of items, the ability of Hosts to rent items, or the ability of Renters to pay for them.
(c) PackMyRide is not liable for the acts or omissions of any User, including any injury, loss, or damage arising from or related to any rental transaction.

8.2 Liability Cap

To the maximum extent permitted by law, PackMyRide's total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of the Platform is limited to the greater of:

(a) The total service fees paid by you to PackMyRide in the 12 months preceding the event giving rise to the claim; or
(b) AUD $100.

8.3 Exclusion of Consequential Loss

To the maximum extent permitted by law, PackMyRide is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, whether arising in contract, tort (including negligence), or otherwise.

8.4 Acknowledgement

You acknowledge that PackMyRide has set its fees and structured these Terms in reliance on the limitations and exclusions of liability in this Section, and that these limitations and exclusions are reasonable given the nature of the Platform as a facilitator.

9. Intellectual Property

9.1 Platform IP

All intellectual property rights in the Platform, including its design, branding, user interface, software, content created by PackMyRide, trademarks, and logos, are owned by or licensed to FlowPilot Pty Ltd. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Platform in accordance with these Terms.

9.2 User-Generated Content

Users retain ownership of any content they upload to the Platform, including photographs, descriptions, and reviews ("User Content"). By uploading User Content, you grant PackMyRide a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to host, store, reproduce, modify (including resizing and cropping), display, and distribute your User Content for the purposes of operating, promoting, and marketing the Platform, including on social media and in marketing materials.

You represent and warrant that your User Content does not infringe the intellectual property rights of any third party and does not violate any law or regulation.

9.3 Content Removal

PackMyRide reserves the right to remove or edit any User Content that, in its reasonable opinion, breaches these Terms, infringes any third party's rights, or is otherwise objectionable.

10. Account Suspension and Termination

10.1 By PackMyRide

PackMyRide may suspend or terminate your account, remove your listings, or block your bookings at any time and without prior notice if:

(a) You breach these Terms (or PackMyRide reasonably suspects a breach).
(b) Your account is associated with fraudulent activity, chargebacks, or high dispute rates.
(c) PackMyRide reasonably believes it is necessary for safety, legal compliance, or protection of other Users.

10.2 By You

You may close your account at any time by contacting PackMyRide Support. Account closure does not relieve you of any obligations arising from bookings made before closure, including pending payments, disputes, or damage claims.

10.3 Effect of Termination

On termination or suspension:

(a) Any existing confirmed bookings may be cancelled. Refunds and payouts will be handled in accordance with these Terms and at PackMyRide's discretion.
(b) PackMyRide may withhold payouts or deposits while investigating any disputes, chargebacks, or suspected fraud.
(c) The following provisions survive termination: Limitation of Liability (Section 8), Intellectual Property (Section 9), Dispute Resolution (Section 5.5), Governing Law (Section 12), and any other provisions that by their nature should survive.

11. Privacy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

13. Changes to These Terms

PackMyRide may update these Terms from time to time. We will notify you of material changes by email or through the Platform at least 14 days before they take effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Platform and close your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, any listing-specific terms, and any policies published on the Platform, constitute the entire agreement between you and PackMyRide regarding your use of the Platform.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

14.3 Waiver

A failure by PackMyRide to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without PackMyRide's prior written consent. PackMyRide may assign its rights and obligations under these Terms without restriction.

14.5 Notices

PackMyRide may provide notices to you via email to the address associated with your account, or through the Platform. Notices to PackMyRide should be sent to:

FlowPilot Pty Ltd (ABN 86 623 003 967) Email: hello@packmyride.com

14.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PackMyRide.