PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
- Introduction
- Eligibility, registration
- Equipment rental terms
- Insurance, liability
- Payment, fees
- Dispute resolution
- General provisions
Introduction
Gamma Ray Limited (“Torent”, “we”, or “us”), provides an online equipment rental marketplace that connects equipment owners with individuals and businesses seeking to rent equipment and machinery. Torent is accessible online at torent.co.nz and as an application for mobile devices. The Torent websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Torent users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Torent. These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Torent (each a “Party” and together, “the Parties”). In addition, Torent provides an Equipment Rental Agreement that summarizes the terms of each reservation, accessible in the Services for any booked or previous rentals and you may use it as proof of a reservation.
Definitions
For the purposes of these Terms:
- Equipment refers to any machinery, tools, vehicles, or other items available for rent through the Services, including but not limited to construction equipment, industrial machinery, tools, vehicles, and related accessories.
- Owner refers to any individual or business that lists Equipment for rent through the Services.
- Renter refers to any individual or business that rents Equipment through the Services.
- Rental Period means the time period between the start time and end time of a rental as specified in the booking.
- Listing means an Equipment rental offer made available through the Services.
- Booking means a reservation of Equipment made by a Renter through the Services.
- Commission refers to the 8% fee that Torent charges for each completed rental transaction.
- Payment Processors refers to Stripe and Paymark, the third-party payment processing services used by Torent.
- Protection Plans refers to the insurance and damage protection options available through the Services.
Eligibility and Registration
Eligibility
The Services are intended solely for:
- Renters who meet our eligibility requirements in New Zealand
- Equipment owners who are 18 years or older and legally able to enter into binding contracts
- Businesses properly registered in New Zealand
Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “Torent Account”). You can create a Torent Account by:
- Providing your first and last name
- Email address
- Mobile phone number
- Creating a password or connecting through a third-party site or service
When you list equipment as an owner or rent as a renter, you may be asked to provide additional information:
For Equipment Owners:
- Business registration details (if applicable)
- Bank account information for payments
- Tax identification numbers
- Equipment ownership documentation
For Renters:
- Valid identification
- Proof of address
- Payment information
- Additional verification as required
You must provide accurate, current, and complete information during the registration process and keep your Torent Account information up-to-date at all times. Based on the information you provide, Torent may impose additional requirements for you to rent equipment (e.g., providing a deposit, adding a second form of payment, purchasing insurance, or other requirements).
Verification
Torent has the right, but not the obligation, to undertake screenings, checks, and processes designed to:
- Verify the identities and check the backgrounds of users
- Verify equipment details and ownership
- Validate insurance and safety compliance
Torent may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Torent to request, receive, use, and store such information. Torent may permit or refuse your request to list or rent equipment in its sole and absolute discretion.
Equipment Rental Terms
Equipment Availability
When you list equipment on Torent, you must make the equipment available as specified in your listing. If you offer delivery options, you must accurately provide the delivery location and ensure the equipment is available at the agreed-upon time. You must verify that the renter has a valid identification and any required licenses or certifications before releasing the equipment.
Equipment Condition and Safety
- Equipment owners must ensure their equipment is:
- In safe and operable condition
- Properly maintained and serviced
- Clean and ready for use
- Compliant with all applicable safety standards
- Free from any safety recalls or known defects
- Properly registered and certified (where applicable)
Rental Period
- The rental period begins and ends at the times specified in the booking
- Extensions must be requested and approved through the Torent platform
- Late returns may incur additional charges
- Unauthorized extensions may void protection plans
Prohibited Uses
Equipment must not be used:
- For any illegal purpose
- In violation of any regulations or safety guidelines
- Beyond its rated capacity or specifications
- By anyone not listed as an authorized operator
- Outside the agreed-upon location or territory
- In hazardous conditions that could damage the equipment
Damage and Claims
- Renters are fully responsible for the equipment during the rental period
- Equipment owners must:
• Document and photograph equipment condition before and after each rental
• Report any damage within 24 hours of rental completion
• Provide clear evidence of new damage
• Keep all documentation related to damage claims - Renters must:
• Inspect equipment before use and report any pre-existing damage
• Report any damage immediately during the rental period
• Provide detailed information about any incidents
• Return equipment in the same condition as received - Damage Resolution Process:
• All damage claims must be handled directly between owner and renter
• Disputes must be resolved between the parties directly
• Insurance claims (if applicable) must be processed through the owner’s insurance
• Torent will only provide rental records upon request
• Security deposits may be held until damage claims are resolved - Torent’s Role:
• Does not assess or evaluate damage claims
• Does not mediate disputes between parties
• Does not handle insurance claims
• Maintains rental records only
• Does not determine fault or liability
Insurance and Liability
Vehicle Insurance Requirements
- Commercial vehicle insurance is mandatory for all vehicle listings (including vans, trucks, trailers, and tractors)
- Vehicle owners must maintain valid commercial vehicle insurance that covers rental use
- Vehicle owners are responsible for providing proof of valid insurance to renters upon request
- Torent does not verify or validate any insurance documentation
Equipment Insurance
- Insurance coverage for non-vehicle equipment is optional and at the sole discretion of the equipment owner
- Equipment owners must clearly state in their listings:
• Whether insurance is required
• Specific insurance requirements (if any)
• Type of coverage required (if any)
• Minimum coverage amounts (if any)
Renter Responsibilities
- Renters are responsible for:
• Verifying insurance coverage directly with equipment/vehicle owners
• Requesting and reviewing insurance documentation
• Complying with owner’s insurance requirements
• Understanding coverage limitations and exclusions
Marketplace Disclaimer
Torent is solely a platform that connects equipment owners with renters. We:
- Do not provide any insurance coverage
- Do not verify or validate insurance coverage
- Do not require mandatory insurance for non-vehicle equipment
- Do not mediate insurance-related disputes
- Are not responsible for any damages or losses
- Do not make any guarantees about equipment condition or coverage
Payment and Fees
Payment Processing
- Payments on Torent are processed through Stripe and Paymark
- All transactions must be conducted through our platform’s payment system
- Users are prohibited from making payments outside the platform
Platform Fees
- Torent charges a 5% commission on all completed rental transactions
- The commission is automatically deducted from the rental payment
- Additional payment processing fees may apply as charged by Stripe or Paymark
For Equipment Owners
Payment options:
- Direct bank transfer to your nominated bank account
- Stripe Connect (optional) for automated payouts
- Owners must provide valid bank account information for receiving payments
- Payment transfers typically process within 3-7 business days
- Owners are responsible for any taxes on their rental income
For Renters
- Full payment is required at the time of booking
- Security deposits may be required at the owner’s discretion
- Accepted payment methods include:
• Credit and debit cards
• Direct bank payments
• Other payment methods supported by Stripe and Paymark - Additional fees may apply for late returns or damages
Payment Security
- All payment information is processed securely through our payment providers
- Torent does not store credit card information
- All transactions are encrypted and protected according to industry standards
Refunds and Cancellations
- Refund policies are set by equipment owners
- Cancellation terms must be clearly stated in listings
- Refunds will be processed through the original payment method
- Processing times for refunds depend on the payment provider and bank
Prohibited Activities
- Users may not:
• Process payments outside the platform
• Attempt to avoid platform fees
• Use invalid or unauthorized payment methods
• Make false payment claims or chargebacks
Dispute Resolution
Resolution of Disputes
If a dispute arises between you and Torent, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us at [email protected] to seek a resolution.
Pre-dispute Resolution
Before pursuing formal dispute resolution, you agree to:
- Contact Torent directly and attempt to resolve the dispute informally
- Provide details of your concern including your name, contact information, and the nature of the dispute
- Allow Torent 30 days to respond and attempt to resolve the matter
Governing Law
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of New Zealand.
Jurisdiction
Any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of New Zealand.
Dispute Process
1. Informal Resolution
- Parties will first attempt to resolve any disputes informally
- Written notice must be provided describing the dispute
- 30-day cooling-off period for negotiation
2. Mediation
- If informal resolution fails, parties may agree to mediation
- Mediation will be conducted in Auckland, New Zealand
- Costs of mediation will be shared equally between parties
3. Court Proceedings
- If mediation fails, either party may initiate court proceedings
- Proceedings must be brought in New Zealand courts
- The prevailing party may be entitled to recover reasonable legal costs
Limitations
Nothing in this dispute resolution section will prevent either party from:
- Seeking injunctive relief
- Taking action to protect intellectual property rights
- Pursuing matters in small claims court
- Reporting matters to relevant authorities
General Provisions
Termination
You may discontinue your use of the Services at any time and Torent may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations incurred prior to the termination and Torent may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No Equipment Transfer or Assignment
Except as otherwise provided herein, renters and equipment owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in equipment shared through the Services.
Disclaimers
TORENT PROVIDES SERVICES THAT ENABLE THE SHARING OF EQUIPMENT BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TORENT DOES NOT ITSELF PROVIDE EQUIPMENT RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE EQUIPMENT, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Indemnification
You agree to release, defend, indemnify, and hold Torent and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your user content
- Your interaction with any other user of the Services
- Your rental of equipment or creation of a listing for equipment
- Any misuse or unauthorized modification of Torent’s platform
Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of:
- Equipment rental or use
- Equipment malfunction or failure
- Improper operation of equipment
- Accidents or incidents involving the equipment
- Violations of safety regulations or guidelines
- Damage to property or persons caused by equipment use
Not a Rental Company
Torent is not an equipment rental company. It does not own equipment and is not in the business of renting equipment to the public. Torent provides an online platform where equipment owners and those in need of equipment can meet and share equipment amongst themselves subject to these Terms.
Rounding Off; Currency
Torent may, in its sole discretion, round up or down amounts that are payable from or to owners or renters to the nearest New Zealand dollar unless explicitly prohibited under applicable law.
Contact Us
If you have any questions concerning the Agreement, or Torent generally, please contact us at [email protected].
Severability and Non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision.
General
Torent does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Torent and Torent will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.The Agreement, including these Terms, states the entire understanding between you and Torent concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us.