Credit Guide,

Terms & Conditions

and Information Statement

 

RENT THE ROO Pty Ltd

ACN 001 408 448

PO Box 2150 Howrah LPO TAS 7018

Phone: 137 661

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Australian Credit Licence 387405  

 

Credit Guide

 

About this Credit Guide

As a licensed credit provider, we are required to give you a Credit Guide as soon as practicable after it becomes apparent to us that a lease is likely to be entered into.

The guide includes information about us, our responsible lennding obligations and our dispute resolution process

Suitability Assessment

Under the National Consumer Credit Protection Act, we must not enter into a lease with you, or increase the credit limit of a lease with you, if the contract is unsuitable for you.

The contract will be unsuitable for you if, at the time the contract is entered into or the credit limit is increased, it is likely that:

• you will be unable to comply with your financial obligations under the contract, or could only comply with substantial hardship; or
• the contract will not meet your requirements or objectives.

We must make an assessment whether the contract will be unsuitable for you before entering into a lease with you or increasing the limit of an existing lease.

You can request a copy of our assessment. We must give you a copy (at no charge to you):

• before entering the lease or before the credit limit is increased, if you make the request before then;
• within 7 business days, if your request is made within 2 years of entering into the contract or the credit limit increase; and
• otherwise, within 21 business days.

We do not need to give you a copy of the assessment if:

• your request is made more than 7 years after entering into the contract or the credit limit increase; or
• the lease is not entered into or the credit limit is not increased.

Dispute Resolution

Rent The Roo Pty Ltd offers its customers both an internal and an external dispute resolution process that are readily accessible and free.

When Does a Dispute Arise?

A dispute arises if you make a complaint to Rent The Roo Pty Ltd about a product or service and you are not satisfied with the response that you receive.

Internal Dispute Resolution

To use our internal dispute resolution procedure you should address a letter, email or fax detailing the dispute to:

Name: The Member Representative

Mail: Rent The Roo Pty Ltd

PO Box 2150

Howrah LPO TAS 7018

Phone: (03) 6247 3988

Fax: (03) 6247 3088

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If the Member Representative is able to resolve the dispute he or she will promptly notify you in writing of the outcome and provide reasons for the outcome. If you are still not satisfied with the outcome of a dispute, you can refer the matter to our external dispute resolution scheme.

You are not obliged to pursue a dispute with Rent The Roo Pty Ltd using its internal dispute resolution procedure. If you do use the internal dispute resolution procedure, you may commence legal proceedings before, after or at the same time as using the internal dispute resolution procedure.

Rent The Roo Pty Ltd’s participation in the internal dispute resolution procedure is not a waiver of any rights it may have under the law or under any contract between you and rent The Roo Pty Ltd.

External Dispute Resolution

External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints.

You must attempt to resolve your complaint with us before contacting our external dispute resolution scheme. If you have a complaint which remains unresolved after speaking to our Member Representative, you can contact our external dispute resolution provider or get legal advice.

Our external dispute resolution provider is:

Name: Credit Ombudsman Service Ltd (COSL)

Mail: PO Box A252 Sydney South NSW 1235

Phone: 1800 138 422 (9am to 5pm AEST)

Fax: (02) 9273 8455

Website: www.cosl.com.au

Further information regarding COSL including their Terms of Reference is available from their office or on their website.

FURTHER INFORMATION

For more information regarding Rent The Roo Pty Ltd or any of the products and services outlined in this guide, please visit any of our Franchise offices, or contact us on 137 661.

 

Rental Agreement Terms and Conditions

PURPOSE:

This Agreement is a “Consumer Lease” and is for consumer purposes and the provisions of the National Consumer Protection Act (NCCP) apply to it if at the date that you sign the Rental Agreement you are an individual and the Rented Goods are obtained wholly or predominantly for personal, domestic or household purposes.

1. Interpretation

1.1 In this agreement, unless thecontext otherwise requires:

(a) words denoting the singular include the plural and vice versa and words denoting one gender include each gender;

(b) words denoting a person include a corporation and vice versa;

(c) headings are for convenience only and do not affect the interpretation of this agreement;

(d) a reference to a party includes its successors and permitted assigns; and

(e) a reference to the Rented Goods includes any parts or accessories from time to time attached to or forming part of the Rented Goods, whether in addition to or in replacement of any part of the Rented Goods.

1.2 The following terms have the following meanings:

Australian Credit Licence or ACL are one and the same.

Code means the National Consumer Credit Protection Act 2009 and its regulations which apply to all Consumer Credit activities Australia wide.

Computer Equipment means any computer equipment including any accessories, manuals and software so described in the Rental Agreement.

Exercise Equipment means any fitness or exercise equipment so described in the Rental Agreement.

GST has the same meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Premises means the premises so described in the Rental Agreement.

Rebate Rate & Recoverable Amount

Rebate Rate means

(a) the lesser of 24% of the Total Rental Amount; or

(b) twelve months of rent installments as specified in the Rental agreement Schedule;

and

(c) our reasonable expenses in attempting to recover the Rented Goods.

Recoverable Amount means the total, at the date of termination of:

(a) the rent installments and other monies which have fallen due for payment but have not been paid;

(b) the value of all rent installments (excluding any taxes and duties) which are still to fall due (calculated by applying the Rebate Rate);

(c) any enforcement expenses, including any costs incurred by us in taking possession of the Rented Goods and storing them; and

(d) (if the Rented Goods are not returned to, or possession is not otherwise obtained by us) the value of the Rented Goods to us at the end date of the Term as described in the Rental Agreement net of valuation costs (if any), less:

(e) (if the Rented Goods are returned to, or possession is otherwise obtained by, us) the sale price of the Rented Goods net of sales costs and expenses, or, if we choose, the value of the Rented Goods as at the date of termination net of valuation costs (if any); and

(f) the amount of the bond (if any).

Rented Goods means the goods so described in the Rental Agreement.

Renter means the person(s) so described in the Rental Agreement.

Term means the period so described in the Rental Agreement.

Total Rental Amount means the Total amount of rent payable which is specified in the Rental Agreement.

We, Our, Us means:

RENT-THE-ROO Pty Ltd

ACN 001 408 448

PO Box 2150 Howrah LPO TAS 7018

Phone: 137 661

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ACL 387405

User Manual means any instruction manual, guide, notes or similar document relating to Exercise Equipment.

2. Acceptance of this offer

This offer is accepted by you when we deliver the Rented Goods to the Premises.

3. Delivery of the Rented Goods

3.1 We are responsible for delivery of the Rented Goods.

3.2 By taking delivery, the Renteracknowledges that the Rented Goods are in good condition and asdescribed in the Rental Agreement.

4. Ownership of the Rented Goods

The Rented Goods are, and will remain at all times, ours or our Financiers sole property.

The Renter does not own theRented Goods.

The Renter acknowledges that they have no right to purchase the Rented Goods from us.

5. Early termination by Renter

The Renter can terminate this agreement at any time during theTerm by returning the Rented Goods to us in good working orderand in good repair (reasonable wear and tear excepted) duringordinary business hours or other agreed time to the place we nominate and by paying the Recoverable Amount.

6. Default Events

For the purposes of this agreement,a “Default Event” occurs in each of the following circumstances and a Default Event is a breach of a condition of this agreement:

(a) the Renter does not pay on the due date any installment of rent or other money payable under this agreement;

(b) the Rented Goods are lost, stolen or destroyed or we form the opinion that they are so damaged as to make their repair impracticable or uneconomic;

(c) the Renter dies or ceases to have contractual capacity;

(d) any execution is threatened or levied against the Rented Goods;

(e) the Renter breaches any obligations in clauses 9, 10 or 11 and

(f) the Renter does not comply with a notice we give to rectify a breach of this agreement within 7 days.

Termination by Us:

If a Default Event occurs, the Renter will be deemed to have repudiated this agreement and we will be entitled to terminate it by written notice or by any act of repossession. Upon such termination, the Renter must pay us, immediately upon demand, by way of liquidated damages for our loss arising from termination, the Recoverable Amount.

7. On expiry of Agreed Term

7.1 Upon expiry of the Agreed Term, the renter may:

(a) Apply to us to extend the term of the lease for an agreed period at a mutually agreed rental; or

(b) Advise us of a suitable person that we may gift the goods, this person cannot be the Renter; or

(c) Return the goods to us in good working order and in good repair (subject to reasonable wear and tear) during ordinary business hours to the place we nominate;

At the end of the Term or upon termination by us under clause 6, the Renter must immediately return the Rented Goods to us in good working order and in good repair (reasonable wear and tear excepted) during ordinary business hours to the place we nominate.

7.2 If the Renter does not return the Rented Goods to us when required, we may take possession of them by giving the Renter 30 days written notice of our intention to do so and the Renter:

(a) releases us from any liability which we might otherwise have for damage or loss caused by us in retaking possession of the Rented Goods in accordance with this clause; and

(b) agrees to reimburse us on demand for all costs and expenses we incur retaking or attempting to retake possession of the Rented Goods.

7.3 We are not required to provide 30 days’ written notice of our intention to take possession if:

(a) the Term of the agreement has expired;

(b) we believe on reasonable grounds that the Renter has disposed of the Rented Goods or intends to do so;

(c) we have made reasonable attempts to locate the Renter but have been unable to do so;

(d) the Renter is insolvent; or

(e) a Court authorises us to repossess the Rented Goods.

8. Entry of Premises

8.1 We will not enter any part of the Premises used for residential purposes for the purpose of exercising our rights, unless a Court has authorised the entry or the occupier of the Premises, after being informed in writing of their rights under the Code, has given consent in writing, in the manner required by the Code.

9. Maintenance of the Rented Goods

9.1 The Renter undertakes to maintain the Rented Goods in good order and condition during the Term of this agreement.

9.2 We undertake to maintain and service the Rented Goods and agree to replace any parts of the Rented Goods, excluding batteries, which are faulty.

9.3 The Renter agrees to produce the Rented Goods for inspection, testing, servicing or repair to any person authorised by us and for that purpose to allow such person access to any place where the Rented Goods are kept.

9.4 The obligation to maintain and service the Rented Goods in good working order does not apply if :

(a) The Renter has failed to make a payment which has fallen due under the Rental Agreement;

(b) The Renter has removed the Rented Goods from the Premises without our written consent;

(c) The rented Goods are located at an address other than the Premises address.

10. Things the Renter must do

10.1 The Renter must:

(a) keep the Rented Goods at the Premises or in such other place as we approve;

(b) seek and obtain our written consent to moving the Rented Goods from the Premises at least 7 days before such event;

(c) advise us within 7 days of any request of the location of the Rented Goods and, if the Rented Goods are not in the Renter’s possession, give us all information which might assist us in tracing the Rented Goods;

(d) comply with the manufacturer’s instructions and recommendations relating to the Rented Goods;

(e) keep the Rented Goods under personal control;

(f) do everything necessary to protect our rights in relation to the Rented Goods;

(g) notify us immediately of any seizure or attempted seizure of the Rented Goods;

(h) immediately inform the police if the Rented Goods are lost or stolen and provide us with a copy of the police report; and

(i) comply with all laws and regulations relating to the Rented Goods, the use or possession of them, or the premises at which they are kept.

11. Things the Renter must not do

11.1 The Renter must not:

(a) alter the Rented Goods, make any addition to them or install anything in or on them without our written consent;

(b) use the Rented Goods for any purpose which is unlawful or for which they are not fit, or which in our opinion might endanger the safety or condition of the Rented Goods or prejudice our interest in them;

(c) install the Rented Goods in any manner that would cause them to become a fixture to land;

(d) create any lien or other encumbrance over the Rented Goods;

(e) alter or cover up any insignia, number or mark on the Rented Goods or any identifying plate or mark we may attach to them; or

(f) assign, encumber or otherwise deal with the Rented Goods or the Renter’s rights under this agreement without our written consent.

12. Insurance

12.1 We require The Renter to indemnify us for any loss or damage whilst the Rented Goods are being moved or in transit.

12.2 If the Rented Goods are damaged or lost while in transit and we have received the notice required by clause 11, we agree, as appropriate, to repair at The Renters expense, any damage to the Rented Goods within 30 days of receiving written notice from the Renter of the damage.

13. Risk and Indemnities

13.1 The Renter assumes all risks and liability in relation to the Rented Goods and the use and storage of the Rented Goods (including liability for injury to any person or damage to any property, whether direct or consequential).

13.2 The Renter must include the Rented Goods on their Household Contents Insurance Policy. If the Renter does not have a Household Contents Insurance Policy or the Policy lapses the Renter indemnifies us against any loss;

13.3 The Renter indemnifies us against all losses, liabilities and expenses incurred by us as a result of:

(a) loss of or damage to the Rented Goods by any cause (including lawful confiscation but excluding normal wear and tear);

(b) anything done by or with the Rented Goods; or

(c) the occurrence of any Default Event. The Renter must pay to us on demand any amount payable under this indemnity.

14. Computer Equipment

14.1 The Renter acknowledges that:

(a) all software that is preloaded onto the Computer Equipment is subject to copyright;

(b) we are not the owner of the copyright of that software;

(c) The Renters use of any software that is preloaded is governed by a limited copyright Licence from the owner of the copyright.

(d) if the Renter copy’s, modifies or transfers the whole or any part of the software without the copyright owners consent you may be in breach of copyright laws and liable to the copyright owner;

(e) The Renter is solely responsible for the supply of any and all consumable items;

(f) The Renter acknowledges and accepts that the use of the Computer Equipment is dependent upon the Renter paying the rent installments. The Computer may be loaded with a software program which enables us to deactivate the Computer Equipment if the Renter fails to pay the rent installments;

(g) a notice will be sent to the Renter advising of the deactivation of the Computer Equipment and informing the Renter of the procedure to reactivate the Computer Equipment;

(h) we may reactivate the Computer Equipment once all rent installments that are due together with any late payment fees and any other amounts due under this Agreement have been paid and received.

15 Fitness Equipment

15.1 The Renter will be supplied with a User Manual on delivery of the Fitness Equipment;

15.2 The Renter should read the User Manual before using the Fitness Equipment and follow any recommendations in that User Manual before starting any exercise on the Fitness Equipment.

15.3 The Renter agrees that they hold us harmless and release us from and indemnify us against any and all claims arising directly or indirectly from any loss, damage, injury, accident or death suffered by The Renter or any other user of the Exercise Equipment.

16 Payment

16.1 The Renter must:

(a) pay the rent for the Term, in the amounts and at the times stated in the Rental Agreement; and

(b) pay any other money due under this agreement on demand.

16.2 All payments shall be made at our place of business or to such other person or place as you direct, or, if we agree, by direct debit to our nominated bank account.

16.3 If the Renter fails to pay an installment of rent by the due date, the Renter shall pay that amount as shown on the Rental Agreement for that breach.

16.4 On each occasion where we, or someone authorised to act on our behalf, collects or attempts to collect any installment(s) of rent unpaid on their due date, by physically visiting the Renter at the Premises, the Renter shall pay that amount as shown on the Rental Agreement..

16.5 It is acknowledged and agreed by the Renter that the installments of rent have been calculated on the basis that, apart from GST, we are not liable to pay any licence fees, registration fees, taxes, duties, surtaxes, imposts, charges and/or levies in respect of the Rented Goods, this agreement or any payment under this agreement. To the extent that we, by virtue of our title in the Rented Goods or by virtue of this agreement, are in fact liable to pay any of the foregoing, the Renter agrees that it will pay an amount equivalent to any monies paid or payable from time to time by us in respect of any such liability, by way of an additional installment or an increased installment as advised by us, to the extent permissible by law.

16.6 The Renter’s obligations to pay the installments of rent and any other amounts due under this agreement are unconditional for the Term and operate even if the Rented Goods break down, are damaged or destroyed. All payments are to be made without set-off or deduction on any account.

17. Notices

17.1 Any notice or demand to be given by us to the Renter may be delivered to the Renter personally, or by leaving it at, or by sending it by post to, the Premises. Where there are multiple Renters, any notice or demand will be given to each Renter unless a different arrangement is requested and the law permits it. The Renter agrees to advise us of any change to their address.

18. Bond

18.1 If the Rental Agreement records that a bond has been paid to us upon the signing of this agreement and the Renter has duly complied with all the Renter’s obligations under this agreement, we shall refund the amount of the bond in full to the Renter within 7 days of the expiry of the Term of the agreement and the return of the Rented Goods to us. If the agreement is terminated early by the Renter, or by us because of a Default Event, the Renter agrees that the bond is to taken into account in calculating the Recoverable Amount.

19. Miscellaneous

19.1 If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later. In addition, the termination of this agreement does not affect any rights we have to recover monies including damages from the Renter. The single or partial exercise or waiver by us of any right relating to this agreement will not prevent any other exercise of that right or exercise of any other rights.

19.2 Where there are two or more Renters, each Renter is bound by this agreement jointly and severally.

19.3 Each provision of this agreement is independent of each other provision. Any provision which would otherwise be prohibited or unenforceable in any jurisdiction is, to the extent of the prohibition or unenforceability, deemed removed without invalidating, so far as is possible, the remaining provisions.

19.4 This agreement is governed by the laws of the State or Territory of Australia in which you ordinarily reside when you enter into the agreement and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

20. Exclusion of liability

20.1 To the extent that the law permits, we give no condition, warranty or representation as to ownership, description, condition, merchantability, suitability or fitness (for a particular or any purpose) of the Rented Goods and no such term, condition or warranty will be implied.

20.2 Our liability for breach of any implied term, condition or warranty which is, by law, unable to be excluded, is limited, where permitted by law, to the replacement of the Rented Goods or the supply of equivalent goods or the repair of the Rented Goods, as determined by us.

21. Internal Dispute Resolution Service

Complaints

At Rent The Roo, we value our customers. We will always aim to be fair and responsive. If you have a complaint, you have the right to expect that we will handle it in a friendly and in a professional way.

When we receive a complaint, we look on it as valuable feedback that may help us to improve the services we offer and to ensure your needs are met in a satisfactory and appropriate manner.

If you wish to make a complaint, just write to us at the following address:

Rent The Roo Pty Ltd

PO Box 2150 Howrah LPO TAS 7018

Or you can telephone, fax or email

Brian Hague or Sarah Hague

Phone: (03) 6247 3988

Fax: (03) 6247 3088

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

We will make all efforts possible to investigate your complaint, and advise you of the outcome as soon as possible within 45days in accordance with the NCCP. If the matter is not resolved to your satisfaction, you can then refer your complaint to the Credit Ombudsman Services Ltd, who can be contacted at:

COSL

Case Management

PO BOX A252 SYDNEY SOUTH NSW 1235

Telephone 1800 138 422

www.cosl.com.au

 

Form 17 Information Statement

subsection 175 (1) of the Code regulation 105 of the Regulations

 

Things you should know about your consumer lease

This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.

The lease

1. How can I get details of my lease?

Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease.

If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy—

• within 14 days of your written request if the contract came into existence 1 year or less before your request; or 
• otherwise within 30 days.

2. What should my lease tell me?

You should read your lease carefully.

Your lease should tell you about your obligations, and include information on matters such as —

• details of the goods which have been hired; and
• any amount you have to pay before the goods are delivered; and
• stamp duty and other government charges you have to pay; and
• charges you have to pay which are not included in the rental payments; and
• the amount of each rental payment; and 
• the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and
• the number of rental payments; and 
• the total amount of rent; and
• when you can end your lease; and 
• what your obligations are (if any) when your lease ends.

This information only has to be included in your lease if it is possible to give it at the relevant times.

If your lease does not tell you all these details, contact your credit provider’s external dispute resolution scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor.

3. Can I end my lease early?

Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.

4. What will I have to pay if I end my lease early?

The amount the lease says you have to pay. If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.

5. Can my lease be changed by my lessor?

Yes, but only if your lease says so.

6. Is there anything I can do if I think that my lease is unjust?

Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement.

If that is not successful, you may contact your credit provider’s external dispute resolution scheme.

EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS CREDIT OMBUDSMAN SERVICES LTD, WHO CAN BE CONTACTED AT:

COSL

CASE MANAGEMENT

PO BOX A252 SYDNEY SOUTH NSW 1235

TELEPHONE 1800 138 422

WWW.COSL.COM.AU

Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.

 

The goods

7 . If my lessor writes asking me where the goods are, do I have to say where they are?

Yes. You have 7 days after receiving your lessor’s request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced.

8. When can my lessor or its agent come into a residence to take possession of the goods?

Your lessor can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

General

9. What do I do if I can not make a rental payment?

Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement.

You can ask your lessor to change your lease in a number of ways —

• to extend the term of your lease and reduce rental payments; or 
• to extend the term of your lease and delay rental payments for a set time; or 
• to delay rental payments for a set time.

10. What if my lessor and I can not agree on a suitable arrangement?

If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong.

If the lessor still refuses your request, you can complain to the external dispute resolution scheme that your lessor belongs to. Further details about this scheme are set out below in question 12.

11. Can my lessor take action against me?

Yes, if you are in default under your lease. But the law says that you can not be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact your credit provider’s external dispute resolution scheme or ASIC, or get legal advice.

12. Do I have any other rights and obligations?

Yes. The law will give you other rights and obligations. You should also READ YOUR LEASE carefully.

IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.

PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.