Last Updated: 17 May 2025
1. Introduction
Welcome to U-Crew, an innovative online platform designed to connect equipment (Item) owners with buyers and renters, as well as event organisers with event participants. Our services are accessible through our website and mobile applications, providing a seamless experience for all users. By using U-Crew, you agree to our comprehensive Terms and Conditions (Terms), which outline your legal rights, remedies, and obligations. This includes various limitations and exclusions, a clause governing the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
These terms ensure a safe and secure environment for all transactions and interactions on our platform.
2. Terms of Service
U-Crew connects Item Owners with Buyers and Renters, and Event Organisers with Participants through an online Platform. These services are available via http://www.u-crew.com.au and other websites, as well as mobile applications (collectively, the "Application").
By using the Site, Application, or Services, you agree to these Terms forming a binding legal agreement between you and U-Crew. These Terms cover your use of the Site, Application, and Services.
When using U-Crew's services, you contract with U-Crew for the Platform and for Transactions. Review our Privacy Policy carefully. Some areas may have specific terms that take precedence over these general Terms.
If you disagree with these Terms, do not use the Site, Application, or Services. Misuse may result in civil penalties. U-Crew provides a Platform for Owners, Buyers and Renters, Organisers and Participants (Members) to connect, but is not a party to their agreements or responsible for their conduct. Users agree to indemnify U-Crew from any liability.
Creating a Listing makes you an independent contractor, not an employee or agent of U-Crew. You must not falsely imply any endorsement by U-Crew. By accessing or using U-Crew’s services, you confirm reading and agreeing to these Terms.
If acting on behalf of a company, you ensure you have authority to bind it to these Terms, making "you” refer to the entity.
3. Key Definitions
· Application: Software for accessing the U-Crew Platform on a User's device.
· Buyer: A Member requesting to buy an Itemfrom a Listing.
· Collective Content: Includes both Member Content and U-Crew Content.
· Commission: Fee charged by U-Crew to Owners for using the Services, as a percentage of Item Fees.
· Contract: Terms agreed upon by Buyer, Renter and Owner, Organiser and Participant including the Receipt and Terms listed in this document.
· Contract Term: Duration of a Transaction or Event, from Start Date and Time to End Date and Time.
· Content: Text, graphics, images, music, software (excluding Application), audio, video, or other materials.
· Display Currency: Currency in which Users view Listing prices on the U-Crew Platform.Renters can change the Display Currency.
· Event: Free or paid Events Listing arranged by Organisers and available to Participants
· Fee: Amounts payable by a Buyer or Renterfor using or purchasing an Item or Participant for joining in a paid Event, set by the Owner or Organiser and may include Service fees,Commissions and Taxes.
· Incident Report: Evidence presented by a User on issues like harassment, late fees, property damage, etc.
· Item: Any product listed by an Owner on the U-Crew Application.
· Listing: An Item or Event available for purchase or rent via the Site, Application, and Services.
· Listing Terms: Refers to the Rental, Sale or Event Terms applicable to the Listing.
· Member: Owner, Buyer, Renter, Organiseror Participant who completes U-Crew's account registration process, responsible for actions taken on their account.
· Member Content: Content that a Member posts or includes in their Listing or profile on the U-Crew Platform.
· Organiser: A Member who creates a listing for an Event through the Site, Application or Service
· Owner: A Member who creates a Listingto rent or sell and Item through the Site, Applicationor Services.
· Participant: A Member requesting or participating in an Event from a Listing.
· Payment Method: Added to a U-Crew Account, e.g., credit card, debit card, or PayPal.
· Payment Services: Third party "Stripe.com" used by U-Crew for financial Transactions.
· Pickup Date: Date and time (+/- 1 hour) when the product is in the Renter'spossession.
· Platform: U-Crew site, services, Application, and Collective Content.
· Proposal: Rental terms proposed by the Renter and accepted or rejected by the Owner.
· Renter: A Member requesting or using an Itemfrom a Listing.
· Return Date: Date and time (+/- 1 hour) when the product is returned to the Owner.
· Service Fees: Fees charged by U-Crew.
· Tax or "Taxes”: Sales, VAT, GST, transient occupancy Taxes, or similar, collected and remitted to governmental agencies by Item Owners.
· Total Fees: Fee charged to Buyer, Renter or Participant which, including any fee set by the Owner or Organiser, including any Service Fees, Commissions and Taxes.
· Transaction: Agreed contract between Buyer or Renter and Owner or Participant and Organiser on the Application.
· User(s): Anyone using the Platform as a Member.
· U-Crew: U-Crew Pty Ltd, an Australian Proprietary Limited company.
· U-Crew Content: Content provided by U-Crew through its Platform and promotional channels.
4. How the Site, Application and Services Work
U-Crew provides an online Platform for Owners, Buyers and Renters to arrange sale and rental of Items and for Organisers and Participants to book Events. U-Crew's responsibilities are limited to facilitating the Site, Application, and Services availability and acting as the payment collection agent for Owners or Organisers.
The Site, Application, and Services facilitate direct connections between Owners, Buyers and Renters and Organisers and Participants. U-Crew doesn't control Content in Listings or the condition, legality, or suitability of any Items or Events. U-Crew disclaims all liability related to Listings, Items, and Events. Purchases and Bookings are made at the Member's own risk.
5. Account Registration and Verification
To use specific features and book Items or Events, registration is required to create a U-Crew Account and become a Member. You can complete this process via the Site or Application.
Your account profile will reflect your personal details. Accurate and complete information must be provided during registration and updated as needed. Providing false information may result in account suspension or termination by U-Crew.
You are responsible for keeping your password secure and for activities conducted through your account.
5.1. Member Verification
To ensure the safety and security of all Users, U-Crew requires Members to verify their identity when picking up a Rental Item or participating in an Event. Members are required to show Owners or Organisers documentation to verify their identity. This may include, but is not limited to, a valid government-issued ID, proof of address, and other relevant documents. U-Crew reserves the right to request additional information or documentation as needed to complete the verification process.
Until your identity is verified, Owners or Organisers have the right to refuse your access to Items or Events.
6. Item and Event Listings
Owners and Organisers must understand local laws that may restrict the sale or lending of Items or organising Events. Some Local Governments may require permits or licences for Listing Items or hosting Events, and penalties could include fines. Review your local laws before Listing on U-Crew.
Members can list Items or Events if they have legal rights to sell, rent or organise them. Listings will be publicly available and may be ranked based on preferences, ratings, and ease of booking.
You are responsible for all Listings and Content you post, ensuring they comply with all applicable laws and do not conflict with third-party rights. U-Crew does not assume responsibility for your compliance with agreements or laws and reserves the right to remove any Listing considered objectionable.
Buyers, Renters and Participants must know that U-Crew is not an insurer or contracting agent. Agreements between Members are solely between those parties, and security deposits may be required for lost, damaged, or disrupted bookings.
Owners and Organisers should obtain appropriate insurance for their Items and Events, understanding policy exclusions and deductibles, particularly concerning actions of Buyers, Renters or Participants.
7. General Booking, Sale and Financial Terms
7.1. Bookings and Financial Terms for Owners and Organisers*
U-Crew collects the Total Fees from Buyers, Renters or Participants once a Proposal is accepted by the Owner or Organiser. Total Fees will include Service Fees, Commissions and Taxes. Owners or Organisers receive payment as per their Listing Terms utilising the U-Crew payment process.
Balances are remitted by U-Crew via direct deposit to the Owner's or Organiser's Wallet in their currency. Foreign currency processing costs may be imposed or deducted for payments in non-AUD currencies.
Owners or Organisers must confirm or reject Proposals; otherwise, they expire if the Item is contracted elsewhere, or the product Pickup/Event date has passed.
Products should not be lent nor Event participation confirmed without verifying payment and Transaction recording via U-Crew.
7.2. Appointment of U-Crew as Limited Payment Collection Agent for Owner or Organiser
Owners or Organisers appoint U-Crew to accept Total Fees from Buyers, Renters or Participants on their behalf. Payments made through U-Crew are considered direct payments, less any Service Fees or Commissions payable to U-Crew, to the Owner or Organiser, who will make the Item/Event available accordingly. U-Crew may allow cancellations and refunds based on U-Crew’s cancellation and refund policy. U-Crew's obligation to pay is conditional upon successful receipt of payments from Buyers, Renters or Participants. U-Crew does not charge for creating Listings but reserves the right to do so, providing notice beforehand.
7.3. Third Party Payment Processor (Stripe)
All payments made through the U-Crew Platform are processed by a third-party payment service provider, Stripe. By using the Platform and providing your payment information, you agree to be bound by Stripe’s Terms of Service and Privacy Policy in addition to these Terms. U-Crew is not responsible for any acts or omissions of Stripe. You are responsible for complying with all terms, conditions, and policies imposed by Stripe in connection with payment processing.
7.4. Return of Item or Conclusion of Event
Upon the expiration of the Contract Term or earlier termination of this Agreement, the Renter shall return the Item at the specified End Date and Time. Likewise, Participants shall conclude their participation in the Event at the specified End Date and Time, adhering to the prescribed manner stipulated in the agreement.
7.5. Keeping An Item Past Its Return Date
7.5.1.With The Owner’s Consent
To extend a contract for an Item the Renter must create a new proposal. The normal Transaction process will be followed.
7.5.2. Without The Owner’s Consent
A confirmed rental allows the Renter to use the Listing for a limited time, as agreed with the Owner. Renters must return the Item by the specified date and time. If not, the Owner can take action to retrieve the Item. The Owner can submit an Incident Report for a "Late Fee" to keep the security deposit for any losses. They may also pursue legal actions, which U-Crew is not responsible for. U-Crew will review the Incident Report and decide whether to transfer the security deposit.
7.6. Bookings and Financial Terms for Renters, Buyers and Participants
Owners and Organisers are responsible for honouring sales and bookings and making reserved Items/Events available. Renters, Buyers or Participants enter into agreements with Owners or Organisers, accepting terms and conditions. U-Crew is not liable for these agreements except for U-Crew’s obligations per the payments terms.
Total Fees are displayed before submitting a Proposal. Upon receipt, pre-authorisation or nominal charges may apply. If a booking is cancelled, amounts collected will be refunded per the Refund and Cancellation Policy. Service Fees are non-refundable.
Renters or Participants agree to pay Total Fees for any contracts made via their U-Crew Account. The payment is collected before product pickup or Event participation.
Buyers agree to pay the total purchase price, including any applicable Taxes and fees, as specified in the Listing. Payment must be made through U-Crew's designated payment methods. Confirmed Transactions result in a confirmation email.
7.7. Security Deposits
Security deposits will apply to any rental as described in each Listing. Damages or issues can be reported via an Incident Report. U-Crew helps arbitrate claims but is not responsible for administering or accepting Security Deposit claims.
7.8. Service Fees and Other Fees
U-Crew charges a Service Fees to Buyers, Renters and Participants for using its Platform. U-Crew collects these, including Taxes where applicable. U-Crew collects a Commission on value of the Fee set by and payable to U-Crew by the Owner of rented or sold Items or by Organisers of paid Events
Fees are deducted from the total Transaction cost before remitting the balance to the Owner or Organiser. Invoices detailing all fees are available after the Transaction is closed.
7.9. Cancellations and Refunds
Buyers may request a return or refund if the Item is not as described or is defective. Sellers must comply with U-Crew's Refund and Cancellation Policy and process returns promptly
7.10. Payment Processing Errors
Payment processing errors will be rectified appropriately, which may include crediting or debiting the original Payment Method.
7.11. Taxes
Users must provide accurate Tax information and keep it current. Failure to do so may result in withheld payouts. Users are responsible for determining their Tax reporting requirements and including relevant Taxes in Listings. Users must remit collected Taxes to the appropriate authority.
U-Crew may issue GST invoices at its discretion. Members must report and pay all Taxes related to Item use or Event participation.
Appropriate government agencies may require Taxes to be collected and remitted for Item use or Event participation.
7.12. Foreign Currency
Currently, Transactions are facilitated only in Australian Dollars (AUD). Future plans include implementing foreign currency Transactions.
8. User Conduct
When using U-Crew’s Site, Application, Services, or Collective Content, you must comply with all applicable Australian laws, regulations, and tax obligations. You agree not to:
· Violate any laws, regulations, or U-Crew’s Terms, Policies, and Community Guidelines.
· Misuse the Platform, including unauthorised access, scraping, or use of non-public content.
· Infringe on intellectual property, privacy, or other rights of U-Crew or third parties.
· Engage in fraudulent, deceptive, harmful, or abusive behaviour, including harassment, impersonation, or misrepresentation.
· Circumvent Service Fees or Commissions, complete transactions outside of U-Crew, or submit false or misleading Listings.
· Post or transmit harmful content, such as viruses, spam, offensive, discriminatory, or violent material.
· Use automated scripts or technologies to collect data, damage the Platform, or bypass security measures.
· Register on behalf of others, or list/rent Items or Events you do not own or have permission to manage.
· Contact Members for purposes unrelated to U-Crew, including recruitment for competing platforms.
U-Crew reserves the right to investigate and take appropriate action for any violations, which may include deactivating Listings, suspending or terminating accounts, and accessing or disclosing information as required by law for enforcement, fraud prevention, or safety purposes. U-Crew may monitor Platform use to improve services, prevent misuse, and support investigations.
9. Damage to Items and Security Deposits
Security deposits apply to certain Listings as specified and are held in trust by U-Crew. These may be used to cover validated claims, and U-Crew may charge a fee for processing them.
Owners and Renters/Participants agree to the following:
· Photos of Items at collection and return must be time- and geo-stamped and uploaded to the Platform. Members are encouraged to review each other’s ratings before confirming a Transaction.
· In the event of damage or theft, the Owner must submit an Incident Report via the Platform. In cases of theft, a police report is also required. U-Crew will assess the matter based on the evidence provided, and its decision will be final and binding on all parties.
Renter/Participant Responsibilities:
· Return Items in the same condition in which they were received, allowing for reasonable wear and tear.
· Use Items only for their intended purpose, in a safe and lawful manner, and not alter them without written consent from the Owner (unless such alterations are removable without causing damage).
· Be liable for any loss, theft, damage or destruction of the Item, including damage caused by anyone to whom they have provided access.
· Cover the cost of repairs or replacements, in excess of the Security Deposit, where applicable, in line with U-Crew’s determination based on the Incident Report.
· Maintain the Item’s good condition and appearance throughout the hire period and promptly notify the Owner of any necessary repairs.
Owner Warranty:
· The Owner warrants that the Item will be in good working condition at the commencement of the hire and is of merchantable quality, suitable for its stated purpose.
Resolution of Claims:
· All parties agree to co-operate with U-Crew and provide all necessary documentation or evidence requested in relation to any damage or loss claims.
· U-Crew’s review and determination of an Incident Report is final and binding on both the Owner and the Renter/Participant.
· U-Crew does not guarantee the outcome of any claim but will apply this Policy and assess all claims in accordance with the evidence provided and its discretion.
10. Default
The occurrence of any one or more of the following Events shall constitute an Event of default under this Agreement:
· The Renter, Buyer or Participant fails to pay any amount stipulated in this Agreement when such amount is due or otherwise breaches their obligations under this Agreement.
· The Renter, Buyer or Participant becomes insolvent, makes an assignment of rights or property for the benefit of creditors, or files for, or has bankruptcy proceedings instituted against them under the relevant Australian bankruptcy law or another competent jurisdiction.
· The Owner or Organiser fails to appear to hand over custody of the Item or commence the Event.
· The Item is identified as stolen.
10.1. Remedies
Upon the occurrence of an Event of Default, the Owner or Organiser shall be entitled to pursue the following remedies:
· Submit an Incident Report via the U-Crew Platform to claim the security deposit, if applicable, and any insurance compensation, where applicable, subject to U-Crew’s sole discretion.
· Take possession of the Item, without demand or notice, wherever it may be located, without the need for a court order or legal process. The Renter expressly waives any claims for damages resulting from such repossession.
· Terminate this Agreement immediately upon written notice to the Renter, Buyer, or Participant.
· All claims and disputes relating to Events of Default will be resolved by U-Crew based on the information provided.
U-Crew’s decision is final and binding on all parties. No further remedies may be pursued outside the Platform.
11. Item Insurance
U-Crew does not provide insurance coverage through its Platform. Owners and Organisers should obtain appropriate insurance for their Items and Events, understanding policy exclusions and deductibles, particularly concerning actions of Buyers, Renters or Participants.
12. Ownership, Right to Lease and Quiet Enjoyment
The Owner retains ownership of the rented Item, and the Organiser maintains control over any Event. The Renter will not encumber or pledge the Item as security.
The Owner warrants their right to lease the Item per this Agreement, and the Organiser warrants their right to manage the Event accordingly. If no default occurs, the Owner assures the Renter's peaceful use of the Item, and the Organiser ensures the Participant's undisturbed participation in the Event.
Sellers must ensure that all Item listed for sale is accurately described, including its condition, specifications, and any defects. Sellers are responsible for ensuring they have the legal right to sell the Item, and that the sale does not infringe on any third-party rights
Sellers are responsible for arranging the delivery or receipt of the Item to the Buyer and ensuring it is delivered in the condition described in the Listing. Ownership of the Item transfers to the Buyer upon successful delivery and confirmation of receipt.
13. General
U-Crew's failure to enforce any part of these Terms does not waive their right to do so in the future. Any waiver must be in writing and signed by an authorised representative of U-Crew. Both parties can pursue remedies under these Terms without affecting other rights. If any provision is found invalid or unenforceable, it will be enforced as much as possible, and the rest of the Terms will remain effective.
13.1. Severability
If any part of this Agreement is found invalid or unenforceable, the rest will remain in effect. Each term will be valid and enforceable to the fullest extent permitted by law.
13.2. Time
Time is crucial in this Agreement.
13.3. Modification
U-Crew can change the Site, Application, Services, or Terms, including Service Fees, anytime without notice. If we modify these Terms, we will post them on the Site or Application or notify you. The "Last Updated” date will reflect changes. By continuing to use the Site, Application, or Services after modifications, you agree to the new Terms. If unacceptable, stop using the Site, Application, and Services.
13.4. Interpretation
Headings are for convenience only and do not affect interpretation. Singular words include the plural and vice versa. Masculine words include the feminine and vice versa.
13.5. Binding Effect
This Agreement binds and benefits the heirs, executors, administrators, successors, and assigns of each party.
13.6. Natural Disasters
Neither party is liable or can terminate the Agreement for delays caused by uncontrollable conditions like Acts of God, government restrictions, wars, insurrections, natural disasters, or other causes beyond their control.
14. Australian Consumer Law
U-Crew provides an online Platform to facilitate connections between Owners, Buyers, Renters, Organisers, and Participants for the sale, rental, or use of Items and participation in Events. U-Crew is not a party to any agreement between Members and does not own, sell, rent, or provide any Items or Events listed on the Platform.
While U-Crew endeavours to maintain a safe and secure environment, it does not guarantee the quality, safety, legality, or fitness for purpose of any Item or Event listed on the Platform. To the extent permitted by law, U-Crew disclaims all liability arising from any transaction or interaction between Members.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where the ACL applies, Users may have statutory rights and remedies which cannot be excluded. Any claims or disputes regarding Items or Events must be resolved between the relevant Members, except to the extent required by law.
15. No Endorsement
U-Crew does not endorse any Member, Listing, Item, or Event. Verified Images only represent the Item or Event when photographed and do not endorse any Member, Listing, Item, or Event.
Members must provide accurate information per these Terms. U-Crew may request identification and other details for transparency or fraud prevention but does not confirm or endorse any Member's identity or background.
U-Crew is not responsible for any harm resulting from interactions with Members.
Using the Site, Application, or Services means seeking legal remedy or liability for actions or omissions of Members or third parties directly against them, not U-Crew. Direct communication with other Members regarding bookings or Listings is encouraged. This limitation does not apply to claims by an Owner or Organiser against U-Crew for payments received from a Renter or Participant; such claims are subject to the "Limitation of Liability" section below.
16. Reporting Misconduct
Misconduct can be reported via an Incident Report in the Application. U-Crew takes misconduct seriously and may take actions such as:
· Banning from our site, services, or Platform.
· Suspending your account.
· Removing Items.
· Any other appropriate action.
Members are encouraged to report inappropriate behaviour, including offensive, violent, sexually inappropriate conduct, suspected theft, or disturbing actions. Report such persons to authorities first, then to U-Crew with your police report number. This report does not obligate us to act beyond legal requirements or incur liability to you. Attach relevant information to your Incident Report.
17. Data Protection and Privacy
U-Crew is committed to protecting the personal information of its users. All data collection, use, storage, sharing, and rights relating to personal information are governed by the U-Crew Privacy Policy.
By using the Platform, Members agree to the collection and use of their personal information as outlined in the Privacy Policy. We encourage all Members to review the Privacy Policy regularly to understand how their data is managed and protected.
The Privacy Policy can be accessed at www.u-crew.com.au
18. Additional Terms
Different products and features on our Site, Application, and Services may have additional terms which will become part of these Terms if applicable.
19. Member Content
You can post Member Content on U-Crew Platforms. By doing so, you grant U-Crew a non-exclusive, transferable, royalty-free license to use it for promotional purposes. You remain the Owner of your Content but are responsible for ensuring you have the rights to share it. Your Content must not infringe on third-party rights or laws.
19.1. Intellectual Property Rights of Users
19.1.1. User Content Ownership
Users retain all ownership rights to the text, images, videos, and any other content they create and upload to the U-Crew platform ("User Content"). U-Crew does not claim any ownership rights to User Content.
19.1.2. License to U-Crew
By posting, uploading, or submitting User Content on or through the platform, Users grant U-Crew a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the platform and U-Crew's business, including without limitation for promoting and redistributing part or all of the platform in any media formats and through any media channels.
19.1.3. User Content Accuracy
Users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish User Content they submit. Furthermore, Users agree that such User Content will not infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party.
19.1.4. Prohibited Content
Users must not post, store, transmit, offer, or solicit any content or engage in any conduct that violates any law or rights of any person, including intellectual property rights and privacy rights. U-Crew reserves the right to remove User Content that is deemed in violation of this agreement or any applicable law.
19.1.5. Content Responsibility
Users acknowledge and agree that they are solely responsible for all User Content that they make available through the U-Crew platform. U-Crew is not responsible or liable for any User Content that is posted by others on the platform.
19.1.6. Intellectual Property Claims
U-Crew respects the intellectual property of others. If you believe that your intellectual property rights have been violated in any way that constitutes copyright infringement or violation of your intellectual property rights on the platform, please notify U-Crew immediately.
19.2. U-Crew Content and Member Content License
If you comply with these Terms, you have a limited, non-exclusive, non-transferable license to:
· Access and view U-Crew Content for personal and commercial purposes.
· Access and view Member Content for personal and non-commercial purposes.
You cannot sublicense these rights. You must not use, copy, modify, create derivative works from, distribute, sell, transfer, display, perform, transmit, broadcast, or exploit the Site, Application, Services, or Collective Content beyond what is permitted in these Terms. No implied licenses are granted under U-Crew's intellectual property.
20. Copyright Policy
U-Crew respects copyright law and expects Users to do the same. Accounts of Members who repeatedly infringe copyright will be terminated.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws. They are the property of U-Crew and its licensors. Do not remove or alter any proprietary notices within them. U-Crew trademarks are registered in Australia. Third-party trademarks used are for identification and may belong to their respective Owners.
As a User, you agree to follow additional Terms, Guidelines, and Policies applicable to your use of the Site, Application, Services, and Collective Content.
21. Term and Termination, Suspension, and Other Measures
21.1. Term
This Agreement remains in effect for as long as you are a registered Member of the U-Crew Platform and continues to apply to your use of the Site, Application, and Services unless and until your membership is terminated by you or by U-Crew in accordance with these Terms.
21.2. Termination for Breach, Suspension, and Other Measures
U-Crew may terminate this Agreement immediately without notice if:
· You materially breach these Terms or Policies.
· Provide inaccurate or incomplete information during registration or Listing.
· Violate applicable laws or third-party rights.
· U-Crew deems it necessary for safety, fraud prevention, or security reasons.
U-Crew may also deactivate Listings, reviews, or other Content, cancel bookings, limit access to your account, or suspend your account if:
· You breach these Terms or Policies.
· Receive poor ratings from Users.
· Such action is necessary for safety, fraud prevention, or security reasons.
For non-material breaches, you will be given notice and an opportunity to resolve the issue.
21.3. Consequences
If U-Crew takes any measures as described, they may:
· Notify Members of cancellations,
· Refund them for confirmed bookings despite existing policies,
· Help them find alternative Items or Events,
· You will not receive compensation for cancelled bookings.
If this Agreement is terminated, U-Crew is not obligated to delete or return any Member Content. You cannot register a new account or access the Site, Application, or Services through another account.
21.4. Survival
Terms that should reasonably survive termination will remain in effect.
21.5. Termination for Convenience
U-Crew may limit, suspend, deactivate, or cancel your account at any time with or without notice. If so:
· Your account will be suspended, and you will lose access to the Site, Application, and Services,
· Pending or future bookings will be cancelled,
· Members will be notified of the cancellation and refunded,
· Assistance may be provided to find alternatives.
You may cancel your account anytime via the "Delete Account" feature or by email. Cancellations will result in the loss of posted Content, including reviews or Feedback. Confirmed Contracts will be cancelled per the U-Crew Refund and Cancellation Policy.
Following termination or cancellation, U-Crew may retain certain information associated with your account in accordance with its Privacy Policy, for legal, regulatory, and operational purposes. U-Crew can terminate this Agreement by giving 30 days' notice via email.
22. Disclaimers
Using the Site, Application, Services, or Collective Content is at your own risk. U-Crew may, but is not obligated to, conduct background checks on Members. We disclaim warranties that such checks will identify past misconduct or prevent future misconduct.
The Site, Application, Services and Collective Content are provided "as is," without any warranty. U-Crew disclaims warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any arising from dealings or trade usage. We do not guarantee that the Site or Services will meet your needs or be uninterrupted, secure, or error-free. There are no warranties on Listings, Items, Owners, Buyers, Renters, Organisers, Participants or the accuracy and reliability of Collective Content.
No oral or written advice from U-Crew creates any warranty beyond this disclaimer. You are responsible for interactions with other Users. U-Crew does not verify User statements or inspect Events or Items. All interactions are subject to Community Guidelines, and violations can result in account suspension.
Take reasonable precautions when interacting with others, especially if meeting offline. U-Crew disclaims all liability for acts or omissions of any Member or third party.
22.1. Limitation of Liability
You agree that you bear all risks from using the Site, Application, Services, and Collective Content, as well as from Listing or booking Items and interacting with other U-Crew Users.
U-Crew and related parties are not responsible for:
· Any incidental, special, exemplary, or consequential damages (e.g., lost profits, data loss)
· Loss of goodwill
· Service interruption
· Computer damage or system failure
· Costs for substitute products or services
· Personal or bodily injury
· Emotional distress
23. User Liability
Owners must provide accurate details about the Item's condition and parts. Owners renting out damaged Items will be liable. Renters must check the Item's condition before use and record this using time-stamped media.
Renters must ensure they can cover any damages or replacement costs. U-Crew charges security deposits if an Item is damaged, stolen, or if credit is denied.
Renters must report any known damage when reviewing the rented Item.
23.1. Indemnification
You agree to protect U-Crew and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from:
· Your use of the Site, Application, Services, or Collective Content, or your violation of these Terms
· Your Member Content
· Your interaction with any Member, booking an Item, or creating a Listing
· The use or rental of an Item, including injuries or losses connected to it.
24. Right of Assignment
The Renter or Participant shall not assign this agreement, their interests in this agreement, or their interests in a Proposal or Contract without obtaining prior written consent from the Owner or Organiser. Should the Renter or Participant assign this Agreement or their interests therein without such consent, the Owner or Organiser will have recourse to Remedies and be entitled to compensation for any damages resulting from the assignment.
Similarly, the Owner or Organiser shall not assign this agreement, their interests in this agreement, or their interests in a Proposal or Contract without obtaining prior written consent from the Renter or Participant. Furthermore, they shall not assign or transfer the right to collect rent or any other financial obligation from the Renter or Participant. If the Owner or Organiser assigns this Agreement or their interests therein without such consent, the Renter or Participant shall have the right to terminate this Agreement.
25. Third Party Links
The Site, Application, and Services may include links to third-party websites or resources. You acknowledge and agree that U-Crew is not responsible or liable for:
· The availability or accuracy of such websites or resources; or
· The Content, products, or services available from such websites or resources.
Links to such websites or resources do not imply any endorsement by U-Crew. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services available from them. Portions of the U-Crew Platform utilise Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is governed by Google’s Terms of Use.
26. Contact and Feedback
For questions about these Terms, contact U-Crew. We welcome feedback and suggestions for improving the Site, Application, and Services. Submit feedback via email or the "Contact" section. By submitting feedback, it becomes U-Crew's property, and you assign all related rights to U-Crew. You will help secure intellectual property rights as requested by U-Crew.
27. Notices by U-Crew
Notices regarding modifications to these Terms will be provided in writing by U-Crew via the Site, Application, or email. The receipt date for email notices is the transmission date. U-Crew may communicate directly via email to your provided address.
28. Dispute Resolution
If you reside in Australia, disputes related to these Terms, or the use of Services will be settled by binding arbitration. Both parties waive the right to a jury trial or class action. The arbitrator cannot consolidate claims or preside over class proceedings without written consent from both parties. If this paragraph is unenforceable, the entire Dispute Resolution section is void. This section survives termination of these Terms.
28.1. Controlling Law and Jurisdiction
These Terms are governed by Australian law. You and U-Crew submit to the jurisdiction of New South Wales courts for actions seeking injunctive relief related to intellectual property rights, as outlined in the Dispute Resolution provision.
28.2. Arbitration Rules and Governing Law
Disputes between a Member and U-Crew, unresolved through negotiation, shall be settled by binding arbitration. The arbitration will follow the rules and statute provided below and will take place at a location designated by U-Crew.
Governing Law |
Residence of Member |
Applicable Governing Statute |
Applicable Rules |
Australia |
Australia |
Commercial Arbitration Act 2010 (NSW) |
UNCITRAL Arbitration Rules |
Australia |
Outside of Australia |
International Arbitration Act 1974 (Cth) |
UNCITRAL Arbitration Rules |
If U-Crew reasonably decides that a dispute with a Member should be combined with another dispute involving another Member, then both disputes will be joined together under the same laws and procedures, whether through arbitration or litigation.
28.3. Arbitrator’s Decision
The arbitrator will provide an award within the specified time frame in the Rules. This decision will include essential findings and conclusions upon which it is based. Judgment on the award can be entered in any court with jurisdiction. The damages awarded must align with the "Limitation of Liability" section above regarding types and amounts. Declaratory or injunctive relief may only be awarded to the claimant necessary for their individual claim.
28.4. Changes
If U-Crew changes this "Dispute Resolution" section after your initial acceptance, you can reject any change by sending written notice (including by email) within 30 days of the effective date, as indicated in the "Last Updated" date or U-Crew’s notification email. By rejecting changes, you agree to arbitrate any Dispute under the original "Dispute Resolution" terms.
Entire Agreement
These Terms, supplemented by additional U-Crew policies or guidelines, constitute the complete agreement between U-Crew and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and bookings or Listings made through them, replacing all previous agreements or understandings about these matters.