Terms and Conditions for Big Mooch

  1. ACCEPTING THESE TERMS

1.1 These Terms constitute a legally binding agreement between you and Big Mooch Limited (trading as Big Mooch, “we”, “us” or “Big Mooch” hereafter) in relation to our provision of the Big Mooch Service to you. Capitalised terms which are defined in either the Borrowers’ Rules or Lenders’ Rules and not defined in these Terms shall have the same meaning as set out in the relevant rules.

1.2 Big Mooch Limited is a company registered in New Zealand whose principal place of business is Tagwright House, 5/19 Foundry Road, Silverdale, Auckland 0932.

1.3 When you register for a Big Mooch account (including when you register through a third party application or service) or otherwise access or use the Big Mooch Service including for the purposes of posting an ad; you are accepting these Terms

1.4 When you agree to the Terms you agree that:

1.4.1 when using the Big Mooch Service as a Borrower, you promise to us that you will comply with the Borrowers’ Rules; and

1.4.2 when using the Big Mooch Service as a Lender, you promise to us that you will comply with the Lenders’ Rules;

1.5 For any help with using the Big Mooch Service please see the Big Mooch Help page. If you have any further questions, complaints or comments about the Big Mooch Service, then please contact Big Mooch here.

  1. IMPORTANT NOTICES: NATURE OF THE BIG MOOCH SERVICE

2.1 Big Mooch’s role as an intermediary only

2.1.1 Big Mooch makes available to you an online platform (the “Big Mooch Service”) through which Lenders may make available certain items for rental by Borrowers upon approval by the parties.

2.1.2 You understand that Big Mooch is acting as an intermediary only in respect of any transactions entered into between Lenders and Borrowers for the rental of items through the Big Mooch Service. Any agreement for the rental of any items through the Big Mooch Service is between the relevant Lender and Borrower.

2.1.3 While Big Mooch endeavours to provide the Big Mooch Service for the mutual benefit of both Lenders and Borrowers and has drawn up rules with that as its aim, Big Mooch cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of the Big Mooch Service.

2.1.4 You acknowledge that in its capacity as an operator of the Big Mooch Service and an intermediary in any transactions carried out through the Big Mooch Service, Big Mooch has the discretion to cancel any listing posted by a Lender, any request to borrow an item submitted by a Borrower, or any transaction, upon the provision of written notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the Borrowers’ Rules or the Lenders’ Rules.

2.2 Using the Big Mooch Service as a Lender

2.2.1 When you agree as a Lender to lend an item to a Borrower, you acknowledge that you are entering into a separate contract with the Borrower and that such contract with the Borrower includes a promise by you to comply with the Lenders’ Rules and these Terms.

2.2.2 You also acknowledge that the Borrower is in no way acting under the control, or on behalf of Big Mooch, that your agreement to lend any item to the Borrower is solely with the Borrower, and you agree not to make any claim or assertion that Big Mooch is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Borrower.

2.2.3 You agree that you are solely responsible for your compliance with the Lenders’ Rules, fully liable for any non-compliance with the Lenders’ Rules and any compensation due to the Borrower in respect of any such non-compliance, including ensuring that the item offered for rental matches the description in your listing. You further acknowledge that Big Mooch does not have: (i) any responsibility for your compliance with the Lender’s Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Borrower for any breach of your agreement with the Borrower in any way.

2.3 Using the Big Mooch Service as a Borrower

2.3.1 When you agree as a Borrower to borrow an item from a Lender, you acknowledge that you are entering into a separate contract with the Lender and that such contract with the Lender includes a promise by you to comply with the Borrowers’ Rules and these Terms.

2.3.2 You also acknowledge that the Lender is in no way acting under the control, or on behalf of Big Mooch, that your agreement to borrow any item from the Lender is solely with the Lender, and you agree not to make any claim or assertion that Big Mooch is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Lender.

2.3.3 You agree that you are solely responsible for your compliance with the Borrowers’ Rules, fully liable for any non-compliance with the Borrowers’ Rules and any compensation due to the Lender in respect of any such non-compliance, including the loss or damage to the item which you have borrowed. You further acknowledge that Big Mooch does not have: (i) any responsibility for your compliance with the Borrowers’ Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Lender for any breach of your agreement with the Lender in any way.

  1. CHANGES TO THE BIG MOOCH SERVICE AND CHANGE OF TERMS

3.1 Big Mooch reserves the right to alter the Big Mooch Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). Big Mooch will give you reasonable notice of any material changes to the Big Mooch Service.

3.2 We may need to change these Terms for legal or business reasons, and we will give you notice by posting such changes on the [information pages of the Big Mooch Service]. If we intend to make any material changes, we will notify you of these changes by email with reasonable prior notice.

3.3 If Big Mooch changes the Big Mooch Service or the Terms to your detriment, you can end your use of the Big Mooch Service at any time. Please see section 11 for more details on ending your use of the Big Mooch Service.

  1. USING THE BIG MOOCH SERVICE

4.1 You need to create an account to accept these Terms. To create an account you confirm that:

4.1.1 you are over 16;

4.1.2 all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by contacting us at any time. If you do not comply with this clause you will be fined up to $100 per piece of false information provided;

4.1.3 you will comply with the restrictions on your use of the Big Mooch Service as set out in these Terms; and

4.1.4 in relation to any material submitted to or posted to the Big Mooch Service by you that you have the right to do so and have obtained all necessary licences and or approvals.

4.2 As a condition of your use of the Big Mooch Service, you agree that you will not:

4.2.1 breach any applicable laws;

4.2.2 breach any of the Terms;

4.2.3 breach the Lenders’ Rules, when acting as a Lender;

4.2.4 breach the Borrowers’ Rules, when acting as a Borrower;

4.2.5 post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;

4.2.6 post or otherwise communicate any false or misleading material or message of any kind;

4.2.7 use the Big Mooch Service to intentionally deceive other users;

4.2.8 infringe the rights of any third-party;

4.2.9 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Big Mooch Service;

4.2.10 distribute spam, chain letters, or promote pyramid schemes;

4.2.11 distribute any viruses or any other technologies that may harm Big Mooch or the interests or property of Big Mooch users;

4.2.12 impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Big Mooch;

4.2.13 copy, modify, or distribute any other person’s content without their consent;

4.2.14 use any robot, spider, scraper or other automated means to access Big Mooch and/or collect content for any purpose without our express written permission;

4.2.15 harvest or otherwise collect information about other users, including email addresses, without their consent;

4.2.16 copy, modify or distribute rights or content from the Big Mooch Service, services, applications or tools or Big Mooch’s copyrights and trademarks;

4.2.17 bypass security measures used to prevent or restrict access to Big Mooch; or

4.2.18 sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

4.3 You agree to compensate and defend Big Mooch against any claims or legal proceedings brought against Big Mooch by any other person as a result of your breach of these Terms.

4.4 Your account is personal to you and may not be transferred to or shared with others. You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Big Mooch will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by Big Mooch’s negligence.

  1. RIGHTS IN THE BIG MOOCH SERVICE

5.1 In consideration of you complying with the Terms, Big Mooch grants you a revocable, non-transferable and non-exclusive license to access and use the Big Mooch Service.

5.2 You acknowledge that your use of the Big Mooch Service grants you no rights in or to the Big Mooch Service or any of the intellectual property rights (including any copyright, trade mark or patents) owned by Big Mooch or its licensors, other than the right to use the Big Mooch Service in accordance with the Terms.

5.3 You agree not to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Big Mooch Service or the computer codes of elements comprising the Big Mooch Service other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

  1. CONTENT POSTED ON THE BIG MOOCH SERVICE

6.1 Your responsibility

6.1.1 You understand that you are solely responsible for any content that you post or otherwise submit to the Big Mooch Service (“Your Content”). You represent that you have all necessary rights to Your Content and that publication of Your Content through the Big Mooch Service will not infringe the rights (including intellectual property rights) of any third party. You agree to compensate Big Mooch for any losses that Big Mooch suffers as a result of any breach by you of any of the promises made by you in these Terms.

6.1.2 You acknowledge that Big Mooch does not monitor or moderate Your Content. If Big Mooch becomes aware that any of Your Content does not, in our reasonable opinion, comply with the Terms, you acknowledge that Big Mooch may remove it, without liability. Although Big Mooch has rules for the posting and uploading of Your Content, the features of the Big Mooch Service may be misused and sometimes Your Content can still be posted that is misleading or deceptive. You should not therefore rely on any other user’s content (“User Content”) being accurate or complete. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.

6.2 Permission to use Your Content

6.2.1 When you post Your Content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools. In addition, you waive your right to be identified as the author of Your Content, to the fullest extent permitted by law.

6.3 Big Mooch’s use of third party information

6.3.1 We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other content) (“Third Party Material”) to supplement Your Content. You may use such information solely in connection with Your Content during the time Your Content is displayed on the Big Mooch Service (such permissions for use, being “Third Party Permissions”). Third Party Material may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Material (other than by including such Third Party Material in your listings). This permission is subject to modification or revocation at any time at our sole discretion, and we shall post on the Big Mooch Service, any such modifications or revocations in respect of any Third Party Permissions.

6.4 Continuing obligations

6.4.1 You may not have the opportunity to review all of the Third Party Material before posting Your Content. We are not responsible for the accuracy of such Third Party Material. If you notice inaccuracies in this Third Party Material after Your Content appears on the on the Big Mooch Service please contact us at the following link: https://bigmooch.co.nz/contacts/

6.5 Reporting abusive, threatening, or infringing content

6.5.1 If any of the content posted or submitted to the Big Mooch Service by another user makes you feel threatened, or abused, or if you believe any such is offensive or otherwise breaches the Terms, please contact Big Mooch through the following link: https://bigmooch.co.nz/contacts/

6.6 Rights of Big Mooch to remove content from the Big Mooch Service

6.6.1 Without limiting any other remedies, Big Mooch may, without notice or delay: (i) immediately remove (or instruct you to remove) content from the Big Mooch Service; (ii) temporarily or indefinitely prevent you from adding further content to the Big Mooch Service; (iii) cancel a request to borrow or an offer to lend a particular item; (iv) prohibit your access to the Big Mooch Service permanently or temporarily, if Big Mooch reasonably believes that:

6.6.1 you have breached any of these Terms;

6.6.2 you are acting inconsistently with the spirit of the Big Mooch Service or our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Big Mooch employees or other users);

6.6.3 you have engaged in improper or fraudulent activity, or your actions may cause legal liability or financial loss to Big Mooch or users of the Big Mooch Service;

6.6.4 items are listed against incorrect or inaccurate content;

6.6.5 you have been undertaking Fee Avoidance; or

6.6.6 it is required to do so by applicable law or to protect the interest of the other users of the Big Mooch Service.

  1. FEES AND COMMISSION

7.1 On each occasion that a transaction between a Borrower and Lender for the rental of an item made available through the Big Mooch Service:

7.1.1 as a Lender, you agree to pay to Big Mooch a commission of 15% of the Rental Fee (“Lender Commission”); and

7.1.2 as a Borrower, you agree to pay to Big Mooch a commission of 15% of the Rental Fee (“Borrower Commission”), (together, the “Big Mooch Commission”).

7.2 If, as a Borrower, you submit a request to borrow a particular item and that request is approved by the Lender, you will be charged the full Rental Fee PLUS the Borrower Commission. The “Rental Fee” means the daily rate you have agreed to pay to rent the item multiplied by the number of days that you have agreed to rent the item.

7.3 As a Lender, you will receive the Lender Fee due to you 24 hours after the scheduled start of the rental. The “Lender Fee” means the Rental Fee LESS the Lender Commission.

7.4a Payments made through the Big Mooch Service are processed by Stripe.

7.4b Payment processing services for lenders on Big Mooch are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a lender on Big Mooch, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Big Mooch enabling payment processing services through Stripe, you agree to provide Big Mooch accurate and complete information about you and your business, and you authorize Big Mooch to share it and transaction information related to your use of the payment processing services provided by Stripe.

7.5 You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Big Mooch Service.

7.6 Our fees are payable in NZD, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Big Mooch Service and will also send an email to the address registered to your account. We may also choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We shall give prior notice of these promotional events and new services by posting details on the Big Mooch Service and will also send an email to the address registered to your account.

7.7 You also agree that where you have contacted a particular user through the Big Mooch Service, you shall not complete that transaction or any others otherwise than using the Fat Service, or engage in any other practice which may avoid or lower the amount of Big Mooch Commission that would otherwise have been payable had the transaction been completed using the Big Mooch Service (“Fee Avoidance”). In the event of engagement by any user(s) in any Fee Avoidance, such user(s) shall indemnify and hold harmless Big Mooch in respect of any losses suffered by Big Mooch as a result of such Fee Avoidance. Or in the event that you attempt to engage a user you met through the Big Mooch service in a rental or transaction that does not use the Big Mooch service, you are liable to pay a fine of up to $200 as a penalty for doing so, regardless of whether your attempts are successful or not.

  1. CANCELLATION OF LISTINGS AND TRANSACTIONS

8.1 If you, as Borrower, request to borrow an item, you may subsequently cancel your request to borrow that item, without any charge or liability by notifying Big Mooch, provided such cancellation is effected:

8.1.1 at any time prior to that request being accepted by the Lender; or

8.1.2 subject to section 8.2 below, within 48 hours of submitting that request.

8.1.3 If you have prepaid any amounts in consideration for any transaction which you cancel within the terms of section 8.1, you will be entitled to a refund of such fees.

8.2 Notwithstanding section 8.1 above, if you, as a Borrower, cancel a request (which has been approved by the Lender) you shall not receive a refund of the amounts otherwise charged (including both Rental Fee and Borrower Commission).

8.3 If you, as Lender, list an item for rental, you may subsequently cancel your listing of that item for rental, without any charge or liability:

8.3.1 at any time prior to approving a request from a Borrower to borrow an item; or

8.3.2 subject to section 8.4 below, within 48 hours of approving a request to borrow an item by the Lender.

8.4 Notwithstanding section 8.3 above, if you, as a Lender, cancel the listing of an item (in respect of which, you have accepted a request from any Borrower to borrow) for rental, or cancel any acceptance of a request from a Borrower to borrow an item within the 48 hour period immediately prior to the scheduled start of the rental period for that item, you shall be liable to pay a cancellation charge to Big Mooch, which is calculated as an amount equal to 30% of the Rental Fee.

8.5 In the event that the Lender pays a cancellation charge to Big Mooch in respect of a particular cancelled transaction, Big Mooch may credit the account of the Borrower, as appropriate) an apportionment of any cancellation fee received, where Big Mooch, at its sole discretion, deems this appropriate.

8.6 If Big Mooch believes that you intend to cause harm to any items you rent through the platform, or believe you are renting with intent to steal; we reserve the right to cancel your rental immediately and without warning, and charge you an appropriate sum. This sum will up to but not more than the total value of the items in question. It is at Big Mooch’s discretion to determine what is an appropriate sum in each instance.

  1. YOUR LIABILITY

9.1 Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.

9.2 As a Lender, when listing an item for rental through the Big Mooch Service, you must give true and accurate details of the condition of the item and detail what is included or noticeably absent.

9.3 As a Borrower, by requesting to rent an item through our Services, you are responsible for having sufficient funds available to replace the item should you lose or damage the item. If you do not know how much the item is worth, please contact a member of the Big Mooch team prior to submitting your request and we will assist you. If you do not have funds available for the approximate value of the item, do not request to borrow the item.

9.4 We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or are unable to return it for any reason within 7 days of the return deadline.

9.5 You further acknowledge that as a Borrower, if you return the item after the Return Deadline (as defined in the Borrower’s Rules), we are entitled to charge you up to twice the full Rental Fee and Borrower Commission for each additional day that the item is returned after the Return Deadline (for the avoidance of doubt, if the item is returned after the Return Deadline on the scheduled day of return, you shall be charged for a full additional day of rental). You further acknowledge that we may take the funds directly from your account to cover such charges, without seeking further permission from you. The Return Deadline is the time you agreed to return the item with the lender, or 12pm on the rental return date (whichever time is later).

9.6 In the event of a good faith dispute between the parties in relation to the Estimated Value of a particular item, Big Mooch has the sole discretion to set an appropriate Estimated Value for that item, determined in good faith and taking into account the reasonable representations of the parties.

9.7 If you refuse to pay for any damage caused, or to pay any amount that you owe to Big Mooch or a Big Mooch user, for any reason, within the timeframe given to you by Big Mooch, we will engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.

  1. OUR LIABILITY

10.1 Nothing in these Terms shall limit the liability of Big Mooch for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.

10.2 You have certain rights under the law. These include that we will provide the Big Mooch Service to you with reasonable skill and care. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights which you may also be entitled, for example to damages or specific performance. For more information about your legal rights contact your local Citizens Advice Service or Trading Standards Service.

10.3 Under no circumstances shall Big Mooch be liable or responsible for the acts or omissions of any third party who uses the Big Mooch Service (including any third party with whom you enter into a transaction through the Big Mooch Service). Big Mooch is acting as an intermediary only in respect of any transaction concluded by parties introduced to each other through the Big Mooch Service for the rental of any item listed on the Big Mooch Service and accepts no liability for the performance of either party (i.e. Borrower or Lender) in relation to any such transaction.

10.4 Without prejudice to section 10.3 above, Big Mooch is not responsible for:

10.4.1 losses not caused by our breach;

10.4.2 indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by at the time of entering into this agreement, (for example loss of profits or loss of opportunity);

10.4.3 User Content to the extent that such content is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or

10.4.4 failure to provide the Big Mooch Service or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control.

10.4.5 For the purposes of section 10.4.4, “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Service or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

10.5 Other than for breaches of implied statutory terms described in paragraph 10.2 above, Big Mooch’s total liability to you for any loss or damage arising in connection with your use of the Big Mooch Service shall be limited to one hundred NZD ($100).

10.6 You acknowledge that we cannot guarantee continuous, error-free or secure access to the Big Mooch Service or that defects in the Big Mooch Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of the Big Mooch Service.

10.7 Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

  1. ENDING YOUR USE OF THE BIG MOOCH SERVICE

11.1 You can simply choose to stop using the Big Mooch Service at any time. In addition, you may also contact Big Mooch through the following link: https://bigmooch.co.nz/contacts/ and request that we deactivate your account.

11.3 You acknowledge that your use of the Big Mooch Service is subject to Big Mooch’s discretion and Big Mooch may, in the event of your breach of the Terms, at its sole discretion, withdraw your rights to use the Big Mooch Service on the provision of written notice with immediate effect.

  1. THIRD PARTY RIGHTS

12.1 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that Act.

  1. PERSONAL INFORMATION

13.1 By using Big Mooch Services, you agree to the collection, transfer, storage and use of your personal information by Big Mooch, as further described in our Privacy Policy. Among other things, you agree that Big Mooch may use the personal information that you submit to us: (i) to verify your identity; (ii) for performing anti-money laundering checks; (iii) for conducting “know your customer” (KYC) checks; and (iv) conducting “know your transaction” (KYT) checks.

13.2 You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not receive such communications.

  1. DISPUTES

14.1 Disputes between Users

14.1.1 If you have a dispute with one or more Big Mooch users, you release us (and our officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

14.1.2 Notwithstanding section 14.1.1, if a Borrower and Lender are unable to resolve a dispute, Big Mooch will use reasonable efforts to mediate in respect of such dispute and, without prejudice to its rights set out under these Terms, may choose to deduct monies up to the estimated value of a particular item from the account of the Borrower to compensate the Lender following loss or damage of a particular item that has been rented as part of the transaction. Big Mooch will also charge a fee of 30% of the amount charged on top of any monies collected in order to cover the service of acting as a mediator.

14.2 Disputes between you and Big Mooch

14.2.1 If the unlikely event of a dispute arises between you and Big Mooch, we strongly encourage you to first contact us directly to seek a resolution by going to the Big Mooch Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

14.2.2 If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales the laws of England and Wales will apply and if you live in Scotland, Scottish law will apply. If you reside elsewhere in the European Union, you still have the benefit of any applicable consumer protection rights under the laws of, and the right to bring an action before the courts of, the country where you live.

  1. General

15.1 You acknowledge that Big Mooch may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.

15.2 Nothing in the Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between Big Mooch and any user.

15.3 If you breach the Terms and Big Mooch takes no action against you, Big Mooch reserves its rights to take action against you at a later date.

15.4 The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Big Mooch Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.

15.5 You acknowledge that your right to access and use the Big Mooch Service is also subject to:

15.5.1 applicable law; and

15.5.2 any rules or policies applied by the relevant appstore from which you access the Big Mooch Service;

15.6 If any part of the Terms are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

15.7 Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Big Mooch.com Limited, 5/19 Foundry Road, Silverdale, Auckland 0932, New Zealand. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Notices sent by email will be deemed received the following working day after they were sent.

BORROWER’S RULES

You should read these rules carefully before using the Big Mooch Service to rent an item (and therefore become a “Borrower”). By using the Big Mooch Service as a Borrower, you are agreeing to these rules (the “Borrowers’ Rules”) as well as the Terms (https://bigmooch.co.nz/terms-and-conditions/).

  1. BIG MOOCH’S ROLE

1.1 Big Mooch is a platform for Borrowers to find items to rent from those who wish to lend them (“Lenders”). The Big Mooch Service enables Borrowers to enter into transactions with Lenders to rent these items (the “Transaction”). Big Mooch is not a party to this Transaction or in any way responsible for the acts or omissions of either the Lender or Borrower in relation to the Transaction.

1.2 By signing up to the Big Mooch Service you are acknowledging that:

1.2.1 you are not renting from Big Mooch but from another user of the Big Mooch Service, who has signed up as a Lender; and

1.2.2 Big Mooch does not guarantee or endorse any items rented through the Big Mooch Service or any content posted by Lenders (such as photographs, language, description used in listings).

  1. COMMUNICATING WITH LENDERS

2.1 You can communicate directly with Lenders on the Big Mooch Service by using the “Message User” feature. This is a good way to find out more information about the item you are looking to rent. However, you may not use this feature for the following:

2.1.1 sending unsolicited advertising or promotions, requests for donations or spam;

2.1.2 contacting someone after they have requested you not to;

2.1.3 harassing or abusing another user; or

2.1.4 forming an agreement outside the Big Mooch Service for the purpose of Fee Avoidance.

  1. BORROWING AN ITEM

3.1 By requesting to borrow an item you agree and warrant that you:

3.1.1 have read and accepted the item description and the Terms before making a request to borrow an item; and

3.1.2 have the funds available to (i) cover the required payments to rent the item and the Big Mooch Commission, and (ii) pay the full estimated value of the item in the case of loss or damage. The estimated value is defined as a reasonable estimate determined by the lender unless the borrower disagrees in which case Big Mooch will determine the estimated value as per clause 9.6;

3.1.3 accept liability for the full Estimated Value of the item in case of loss or damage; and

3.1.4 will not engage in Fee Avoidance.

3.2 When borrowing an item, you agree that you will return the item to the Lender before 12pm (noon) on the scheduled date of return (the “Return Deadline”).

3.3 If you would like to extend the period for which you borrow an item, you may submit an additional request to extend this period, for acceptance by the Lender, through the Big Mooch Service.

3.4 If you have failed to extend the rental period for a particular item through the Big Mooch Service and, consequently, return the item after the Return Deadline, you acknowledge that Big Mooch may charge you as set out in the ‘Your Liability’ section of the Terms [section 9].

  1. LIABILITY

4.1 As a Borrower, by requesting to rent an item through the Big Mooch Service, you are agreeing to that Estimated Value assigned by the Lender. If you do not agree with this Estimated Value, do not request to borrow the item. If you do agree to this Estimated Value, you are agreeing to be liable for up to the full Estimated Value of that item, in the case of loss or damage while you are renting this item.

4.2 We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or lost it.

  1. LEAVING A REVIEW

5.1 When you have a borrowed an item using the Big Mooch Service, Big Mooch encourages you to leave a review, as it helps Lenders build a good reputation, or warn other users about a poor experience.

5.2 You can leave a review by choosing a one to five star rating.

5.3 By leaving a review you acknowledge that:

5.3.1 your review and profile information will be publicly displayed on the Lender’s listing and review pages;

5.3.2 your review will not contain:

5.3.2.1 private information;

5.3.2.2 obscene, racist or harassing language or imagery;

5.3.2.3 advertising or spam; or

5.3.2.4 content that will undermine the integrity of the review system of Big Mooch; and

5.3.3 any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on Big Mooch.

5.4 Similarly, you accept that a Lender can leave you a review and you acknowledge that:

5.4.1 your review will be publicly displayed on your review page;

5.4.2 any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on the Big Mooch Service.

5.5 Big Mooch reserves the right to remove reviews that violate the Terms.

  1. STORAGE SPACE

6.1 By requesting to borrow storage space from another user; which includes but is not limited to; garages, lofts, attics, rooms, storage units, studios, driveways; you agree and warrant that:

6.1.1 you will not store anything that is hazardous to people, animals or the space around it;

6.1.2 the total value of the items you store will not exceed $25,000;

6.1.3 will only store items which would be permitted for rental through Big Mooch. Items which are prohibited for rental on Big Mooch, are also prohibited for storage in spaces rented through Big Mooch;

LENDER’S RULES

You should read these rules carefully before using the Big Mooch Service to rent an item (and therefore become a “Lender”). By using the Big Mooch Service as a Borrower, you are agreeing to these rules (the “Lenders’ Rules”) as well as the Terms (found here https://bigmooch.co.nz/terms-and-conditions/).

  1. BIG MOOCH’S ROLE

1.1 Big Mooch is a platform for borrowers (a “Borrower”) to find items to rent from Lenders. The Big Mooch Service enables Borrowers to enter into transactions with Lenders to rent these items, but it is important to remember that Big Mooch is not part of that transaction (the “Transaction”).

1.2 By signing up to Big Mooch you are acknowledging that:

1.2.1 you are not lending to Big Mooch but to another user of the Big Mooch Service, who has signed up as a Borrower; and

1.2.2 Big Mooch does not guarantee or endorse any Borrower or content or communication that they post (such as photographs, language, description used in listings).

  1. COMMUNICATING WITH OTHER BIG MOOCH USERS

2.1 You can communicate directly with Borrowers on the Big Mooch Service by using the “Message User” feature. This is a good way to find out more information about the person who is looking to rent your item. However, you may not use this feature for the following:

2.1.1 sending unsolicited advertising or promotions, requests for donations or spam;

2.1.2 sending unsolicited advertising or promotions, requests for donations or spam;

2.1.3 harassing or abusing another user; or

2.1.4 forming an agreement outside the Terms agreed with us for the purposes of Fee Avoidance.

  1. LENDING AN ITEM

3.1 By offering to lend an item you agree and warrant that you:

3.1.1 have provided an honest, accurate description about your item, filling in all information required as set out in the https://bigmooch.co.nz/add-new-listing/, including but not limited to, accurate up to date photographs, and a reasonable Estimated Value;

3.1.2 provide honest, accurate information in your profile;

3.1.3 will not engage in Fee Avoidance; and

3.1.4 have the funds available to cover the applicable cancellation fee payable to Big Mooch in the case of a late cancellation.

  1. WHAT CAN’T BE RENTED ON BIG MOOCH

4.1 Users come to Big Mooch to find all sorts of items, and you are free to list almost anything. However, for some reasons, we have to prohibit certain items from being rented through the Big Mooch Service. This may be for legal reasons, or to protect our users and the spirit of Big Mooch as a business.

4.2 The following types of items are prohibited or restricted on Big Mooch:

4.2.1 alcohol, tobacco, drugs and drugs paraphernalia;

4.2.2 illegal items, items promoting illegal activity and highly regulated items

4.2.3 internationally regulated items;

4.2.4 pornography and mature content;

4.2.5 items that violate third party intellectual property rights; or

4.2.6 animal products.

4.3 Policy decisions are complex, and though we will try and avoid this as much as possible, we reserve the right to remove any other items from the Big Mooch Service if we feel that, for whatever reason, it is inconsistent with our values.

  1. LEAVING A REVIEW

5.1 When you have lent an item using the Big Mooch Service, Big Mooch encourages you to leave a review, as it helps Borrowers to build a good reputation, or warn other users about a poor experience.

5.2 You can leave a review by choosing a one to five star rating.

5.3 By leaving a review you acknowledge that:

5.3.1 your review and profile information will be publicly displayed on the Borrower’s listing and review pages;

5.3.2 your review will not contain:

5.3.2.1 private information;

5.3.2.2 obscene, racist or harassing language or imagery;

5.3.2.3 advertising or spam; or

5.3.2.4 content that will undermine the integrity of the review system of Big Mooch; and

5.4 Similarly, you accept that a Borrower can leave you a review and you acknowledge that:

5.4.1 your review will be publicly displayed on your review page;

5.4.2 any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on the Big Mooch Service.

5.5 Big Mooch reserves the right to remove reviews that violate the Terms.

  1. STORAGE SPACE

6.1 By offering to lend out your storage space; which includes but is not limited to; garages, lofts, attics, rooms, storage units, studios, driveways; you agree and warrant that you:

6.1.1 are entirely responsible for providing proper security for the items being stored in your space;

6.1.2 are responsible for maintaining the condition of the space, to at least the condition that it is in when the borrower agrees to leave their items in it;

6.1.3 are responsible for the care and protection of all items while they are in your space;

General Email address use Terms and Conditions

By submitting, you agree to the Big Mooch Privacy Policy and the following terms and conditions (“Terms”). In these Terms, references to “we”, “us” and/or “our” are references to Big Mooch of 5/19 Foundry Road, Silverdale, Auckland.
By providing your email address and submitting it to us when using the website bigmooch.co.nz you give consent to receive email communications from Big Mooch.
By providing your email address and submitting it to us when using the website bigmooch.co.nz you confirm you are the authorised owner/user of the email address submitted.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes.