Terms & Conditions

Last Updated: June 10, 2025

Terms and Conditions

Please review the following terms and conditions (these “Terms” or this “Agreement”).

Welcome to the Embaucher Pty Ltd (“EMBAUCHER” or “we” or “us”) website, currently located at https://www.embacuher.com.au/, and other affiliated websites (the “Website”), and any materials and services made available through the Website, and successor Websites thereto, the “Services”).

This Agreement is between you and Embaucher concerning your use of (including access to) the Services. Your use of the Services constitutes your consent to this Agreement. The Services covered by this Agreement include any services provided by or on behalf of Embaucher, including, but not limited to, Embaucher’s subscription rental of accessories and clothing, including handbags and jewellery, made available to Members (as defined below) (the “Subscription”). If you do not agree with these Terms, you may not use the Services. This Agreement hereby incorporates by this reference any additional terms and conditions posted by Embaucher through the Services, or otherwise made available to you by Embaucher.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR, IF OLDER, THE AGE OF MAJORITY) TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 23 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND

THE SUBSCRIPTION IS AN AUTO-RENEW SUBSCRIPTION. IF YOU ARE SIGNING UP, PLEASE REVIEW THE DETAILS RELATED TO THE MONTHLY FEES SET FORTH IN SECTION 5.7. YOU ACKNOWLEDGE THAT YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY FOR AS LONG AS YOU ARE A MEMBER OF THE SUBSCRIPTION, AND YOU AGREE TO SUCH CHARGES. IF YOU HAVE ANY QUESTIONS ASSOCIATED WITH THE SUBSCRIPTION, PLEASE CONTACT US AT EMBAUCHER.HIRE@GMAIL.COM.

BY APPLYING FOR A SUBSCRIPTION, EMBAUCHER MAY ITSELF CONDUCT, OR HIRE A THIRD PARTY TO CONDUCT, A BACKGROUND CHECK. YOU AGREE TO THE BACKGROUND CHECK AND AGREE THAT EMBAUCHER WILL CONDUCT THE BACKGROUND CHECK BEFORE APPROVING YOUR MEMBERSHIP.

1. CHANGES

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.

2. INFORMATION SUBMITTED THROUGH THE SERVICES

Your submission of information through the Services is governed by the terms of Embaucher’s Privacy Policy, available at https://www.embaucher.com.au/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain true, accurate, and complete, and that you will maintain and update such information as needed, and by providing such information (including information about other individuals), you are representing that you have the required permissions and consents to disclose such information.

3. PRODUCTS, CONTENT, SPECIFICATIONS AND ACCURACY OF INFORMATION

As part of the Services, Embaucher rents and/or sells handbags, jewellery, clothing, and other accessories, as determined by Embaucher in its sole discretion (“Accessories”) to its Members (defined below), and may make available listings, descriptions, and images of goods or services, or related coupons or discounts, including with respect to the Accessories (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Embaucher or by third parties, and may be made available for any purpose, including general information purposes. We make no representation as to the completeness, accuracy, reliability, validity, or currentness of any information available through the Services, including the listings, colors, descriptions or images (including any features, specifications and prices contained therein). All such information and the availability of any Products (including the availability or validity of any coupon or discount) are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of the Products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products or services offered through the Services at a particular time does not imply or warrant that those Products or services will be available at any time.

4. REGISTRATION; USERNAME AND PASSWORD

You may need to register to use all or part of the Services (“Account”), including to utilize your Membership. We may reject, or require that you change, any user name, password or other information that you provide to us in registering an Account. Your user name and password are for your personal use only and should be kept confidential; you, and not Embaucher, are responsible for any use or misuse of your user name, password, or Account and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Account.

5. MEMBER TERMS

5.1. General. As detailed below, once you have completed and submitted an application to be a member of the Subscription (“Application”), Embaucher will review your Application. In its sole and absolute discretion, Embaucher will decide whether to offer you membership to the Subscription ( “Membership”) based on your Application. If you are granted Membership, you will become “Member” and start to pay the Subscription Fees (as defined below) during the Membership Term (as defined below).

5.2. Application Process. In order to become a Member, you first must complete the Application, available on the Website. By submitting the Application, you acknowledge that Embaucher will evaluate the information in the Application as part of the decision whether to offer you Membership. You represent and warrant that the information in the Application is true, accurate, and complete and you understand that Embaucher relies on the Application for Membership evaluation. Further, by submitting the Application, you authorize Embaucher to conduct a background check on you in connection with your Application. If Embaucher learns, or has reason to believe, that the information in the Application is false, incomplete, or misleading in any way, Embaucher may terminate this Agreement, and/or suspend your Subscription. If Embaucher approves your Application, you may become a Member, subject to the terms of this Agreement.

5.3. Membership Rules. As a Member, you agree:

You will be charged for your Membership.
Your payment instrument will automatically be charged for the Subscription Fee, even if you have not rented an Accessory during that month.
You are responsible for ensuring that the Accessories are well cared for during the Rental Period (defined below).
If Embaucher has any reason to believe that a returned Accessory is not the same item as the Selected Accessory (defined below) that was shipped to you, Embaucher has the right to charge you, and automatically charge your payment method, for any re-authentication costs and, if applicable, the retail value of the Selected Accessory as determined in Embaucher’s sole and absolute discretion.
You will advise Embaucher of any issues immediately, including any damaged or lost Accessories.

5.4. Membership Generally

5.4.1. Generally. The Membership is a monthly subscription. You will pay for the Membership each Month (as defined below). During the Membership Term, you will be able to rent one (1) or more Accessory, depending on your Level (as defined below). You must pay the Subscription Fee for each Month of the Membership Term on the Start Day of each Month (1st) or the 15th of each month.

(a) A “Start Day” is the numerical day on which your Subscription starts, and each monthly anniversary thereof. By way of example, if your Subscription starts on May 15, your Start Day will be the 15th day of every calendar month; if your Subscription starts on May 1st, your Start Day will be the first day of every calendar month.

(b) Each “Month” commences on the Start Day, and continues until the Start Day of the following Month. By way of example, if your Subscription starts on May 15, the first Month of your Membership Term will be May 15 to June 14, and the second Month will start on June 15.

(c) A “Level” is a Subscription tier with corresponding Subscription Fees, and different rental privileges, as described on the “How it Works” page of the Website.

5.4.2. Accessories. You can access the then current inventory of Accessories through the website. The Accessories may not be available at all times, and Embaucher is not responsible for some or all Accessories being unavailable when you want to rent them. The Accessories are available on a first come, first served basis, and you may not be able to rent Accessories at the time you desire. You agree that Embaucher is not responsible for the unavailability of any Accessories. EMBAUCHER MAKES NO REPRESENTATIONS OR GUARANTEES WITH REGARD TO THE INVENTORY OF ACCESSORIES AT ANY TIME, NOR THE AVAILABILITY OF ONE OF MORE ACCESSORIES. Once you select an Accessory to rent, you can finalize the rental through email to embaucher.hire@gmail.com, subject to the terms of this Agreement. Once you select an Accessory to rent, Embaucher confirms that the requested Accessory is available, including whether it is available at your Level (each selected and available Accessory, a “Selected Accessory”).

5.4.3. Shipping. A Selected Accessory will be shipped to the mailing address you provided through your Account. Please ensure that the mailing information is correct and current at all times. Selected Accessories will be shipped via the carrier of Embaucher’s choice. Selected Accessories will be shipped with a signature requirement for delivery. The Selected Accessories will be shipped to you in packaging selected by Embaucher (“Packaging”). The Packaging may be different for different Selected Accessories. All Packaging must be returned with the Selected Accessories. All references to Selected Accessories in this Agreement shall include the Packaging.

5.4.4. Rental Period. When you receive a Selected Accessory, you may return the Selected Accessory as soon as you want or keep it for as long as you want during the Membership Term, subject to the terms of this Agreement. The period of time you have a Selected Accessory is the “Rental Period.”

5.4.5. One Time Termination. Notwithstanding anything herein to the contrary, within three (3) days of receipt of your first Selected Accessory only, you may terminate this Agreement for any reason or no reason. If you elect to terminate under this Section, you must log in to your Account and terminate your Account within three (3) days of receipt of first Selected Accessory and return the Selected Accessory. Termination will be effective upon Embaucher’s receipt of the Selected Accessory.

5.4.6. Freeze. You may freeze your Membership after the Initial Membership Term subject to Embaucher’s discretion.

5.5. Accessories

5.5.1. Generally. The Accessories are the property of Embaucher , and you acknowledge and agree that you are renting the Accessories only, and you do not have any ownership right in or to the Accessories, unless you purchase the Accessory, as set forth in Section 5.10. Not all Accessories are available at all Levels, and the number of Accessories you are able to rent is limited per your selected Level.

5.5.2. Condition of Accessories. The condition of Accessories when you receive them may vary. Some Accessories will be brand new when you receive them, some Accessories may be gently used, and some Accessories may be vintage pieces that show signs of wear and tear. In the event an Accessory arrives to you in a substandard condition, please contact us immediately at embaucher.hire@gmail.com. The Accessories must be maintained in good condition and returned to Embaucher in good condition. Please be aware that Embaucher will inspect all Selected Accessories and you may be charged for any excessive damage or harm to the Selected Accessories.

5.5.3. Rental Process

(a) Embaucher will send you an email with confirmation of shipment of the Selected Accessory if available. No rental requests are confirmed unless and until you receive an email confirmation that the Selected Accessory has shipped.

(b) Subject to your Level (tier) permissions, you may not rent another Accessory until Embaucher receives your returned Selected Accessory. Once you return a Selected Accessory, and Embaucher processes the return, your rental window will open, and you may rent another Accessory.

5.5.4. Returns. At the end of the Rental Period, you must return the Selected Accessory, in good condition pursuant to Section 5.9, unless you have purchased the Selected Accessory pursuant to Section 5.10. If you have cancelled your Membership, or have otherwise failed to pay the Subscription Fee for two (2) or more Months, and you do not return a Selected Accessory, or if Embaucher has any reason to believe you will not return a Selected Accessory, Embaucher may charge, and you authorize Embaucher to charge, your payment instrument automatically the retail price of the Selected Accessory and collect the full retail price for such Selected Accessory. All determinations as to the retail price will be made in Embaucher’s sole discretion.

5.5.5. Returned Items. If Embaucher has any reason to believe that an item returned to Embaucher at the end of the Rental Period is not the same Accessory that was shipped to you by Embaucher, Embaucher may expend costs to re-authenticate the returned item. You will be responsible for any such costs, and Embaucher may promptly charge your payment instrument automatically for such costs. If the item as returned is not the same item as shipped to you, the Accessory will be treated as lost without coverage (as described in Section 5.11.4).

5.5.6. Limited to You. You are the only renter of the Selected Accessories, and you are the only person that is authorized to use the Selected Accessories. You will not allow any third party to use the Selected Accessories during your Rental Period. Your rights under this Agreement are limited to your personal, non-commercial use. You may not rent the Selected Accessories to any third party, nor charge third parties for use of the Selected Accessories.

5.5.7. Communication with Embaucher. You agree that you will report any problem with the Selected Accessories, including but not limited to, damaged Selected Accessories or lost Selected Accessories to Embaucher at embaucher.hire@gmail.com immediately (or immediately after you have, as necessary, contacted local emergency services or police). YOU ARE SOLELY RESPONSIBLE FOR THE SELECTED ACCESSORIES DURING THE RENTAL PERIOD, INCLUDING IF IT IS LOST OR STOLEN, SUBJECT TO THE COVERAGE PROVISIONS IN SECTION 5.11.

5.5.8. Lost or Stolen Accessories. All decisions as to whether a Selected Accessory is lost/stolen are to be made by Embaucher, in Embaucher’s sole and absolute discretion. If Embaucher believes that a Selected Accessory is lost/stolen, the process described herein related to coverage will apply. Embaucher shall have the right, but not the obligation, to take any action in connection with the recovery of lost/stolen Selected Accessories.

5.5.9. Charges for Damaged Accessories. If you return a Selected Accessory with damage exceeding normal wear and tear, as determined by Embaucher in its sole discretion, you agree that Embaucher may promptly charge your payment instrument automatically and collect the full retail price for such Selected Accessory. All determinations as to the retail value will be made at Embaucher’s sole and absolute discretion.

5.6. Levels

5.6.1. Generally. You understand that not all Accessories are available at all Levels. The value of Accessories that you may select from and the number of Accessories that you may rent at one time.

5.6.2. Selecting Your Tier. When you submit your application, you will select your tier, subject to Embaucher’s approval. You may request to change your tier as set forth below.

5.6.3. Changes. You may, or we may, on your behalf, change your Level from time to time. To request a Level change, please email us. You must return any Accessories that are only available to a higher Level before you may change your Level. If you change a Level, provided such change is in compliance with the terms of this Section, the change will be effective as of the Start Day of the next Month, and you will be charged the Subscription Fee for the new Level on that Start Day.

5.7. Fees and Payment

5.7.1. Generally. We make available the ability to purchase or otherwise obtain a Subscription through the Services, and may otherwise require payment for certain fees or other transactions as described herein (each a “Transaction”).

5.7.2. Subscription Fee. The fee for each Level is set forth on the Website “How it Works” page. The Subscription Fee is subject to change at any time by Embaucher. The Subscription Fee includes your Membership fee for each Month (at the selected Level), as well as shipping and return shipping fees for the Selected Accessories.

5.7.3. Payment. In order to maintain your Membership, you must transfer the tier amount once per month (unless stated otherwise) into Embaucher’s supplied BSB and Account Number. You may be asked to supply certain relevant information about your payment method, such as BSB and account number, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU SUBMIT TO THE SERVICES OR IN CONNECTION WITH A TRANSACTION. By submitting such information, you authorize us to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

5.7.4. Payment. On the Start Day of each Month or 15th of each month depending on which one is chosen, your payment must be transferred into Embaucher’s supplied bank account.

5.7.5. Authorisation. By becoming a Member, you authorise Embaucher to recieve monthly payments from your selected bank account.

5.7.6. Non-Payment. If your payment instrument cannot be charged, in whole or in part, for any reason, you agree to pay all amounts due upon Embaucher’s demand.

5.7.7. Termination for Non-Payment. Embaucher may terminate or suspend this Agreement if your payment insturment cannot be charged.

5.7.8. Interest and Collection Costs. In the event you do not pay any amounts due under this Agreement, you will be liable to Embaucher for any costs or expenses incurred by or on behalf of Embaucher in connection with its collection of amounts due under this Agreement. Further, interest shall be payable on all amounts outstanding at the rate of at a rate equivalent to the prime rate according to a reputable business publication plus one percent (1%), or the maximum amount allowed by law, whichever is lower, per annum from the date such payment was due.

5.7.9. Taxes. All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

5.7.10. Deposits. Embaucher reserves the right to request a deposit, and/or require the return of any or all Selected Accessories in your possession in the event you fail to pay the Subscription Fee, in the event Embaucher is unable to charge your payment instrument, or in the event Embaucher has reason to believe, in its sole discretion, that you may not pay the Subscription Fee.

5.8. Delivery. Once you have received a confirmation that your Selected Accessory is available, you will receive a notification that the Selected Accessory has shipped, with a tracking number. The Selected Accessory will ship via the courier of Embaucher’s choice. The delivery of the Selected Accessory will be on a signature required basis. Please ensure that someone will be available to sign for the Selected Accessory. Delivery time for Selected Accessories may vary based upon (a) Accessory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. The risk of loss for Selected Accessories shipped passes to you upon delivery.

5.9. Returns

5.9.1. Generally. Unless purchased, all Selected Accessories must be returned to Embaucher. Each Selected Accessory will be sent with materials to return ship the Selected Accessory. All Selected Accessories must be returned with Packaging, except for the dust bags, which you may keep.

5.9.2. Embaucher Return Shipping Method. YOU MUST USE THE EMBAUCHER SHIPPING METHOD TO RETURN ANY ACCESSORIES TO EMBAUCHER. YOU MAY NOT USE YOUR OWN SHIPPING MATERIALS. Please keep all Packaging and packaging materials to return the Selected Accessories. Please ensure that the package is successfully delivered to the appropriate carrier pick up.

5.9.3. Your Own Shipping Method. IF YOU LOSE ANY RETURN SHIPPING MATERIALS PROVIDED BY EMBAUCHER, OR OTHERWISE USE ANYTHING OTHER THAN THE MATERIALS PROVIDED BY EMBAUCHER, SUCH RETURN WILL BE AT YOUR OWN RISK, AND YOU WILL BE RESPONSIBLE TO EMBAUCHER FOR ANY DAMAGED OR LOST ACCESSORIES IN TRANSIT TO EMBAUCHER, OR THAT ARE NOT RECEIVED BY EMBAUCHER. PLEASE BE AWARE OF ANY COVERAGE LIMITATIONS ASSOCIATED WITH YOUR SELECTED RETURN METHOD IF YOU OPT NOT TO USE THAT WHICH IS PROVIDED BY EMBAUCHER, AS YOU ARE RESPONSIBLE FOR THE SELECTED ACCESSORY UNTIL IT IS RECEIVED BY EMBAUCHER.

5.10. Purchase. From time to time, Embaucher may agree to sell Accessories to Members. If you are interested in purchasing an Accessory, please contact Embaucher at embaucher.hire@gmail.com. The purchase of Accessories will be on separate written terms agreed to between you and Embaucher.

5.11. Custody and Control. You will be 100% responsible for any loss or damage resulting if an Accessory is not in your care, custody and control. The only place a Selected Accessory can be left unattended is in your residence or your hotel room.

5.12. Membership Term and Termination

5.12.1. Membership Term. The “Initial Membership Term” of shall commence on the first Start Day of your Subscription and continue for three (3) Months. The Subscription shall automatically renew for successive one (1) Month periods (“Renewal Membership Term(s)”), unless terminated as set forth herein. The Initial Membership Term together with any the Renewal Membership Term(s) shall be referred to as the “Membership Term”.

5.12.2. No Early Termination of the Initial Term. You may not terminate your Subscription during the Initial Term. If you seek to cancel your Subscription during the Initial Term, Embaucher reserves the right to charge your payment instrument for the remaining Subscription Fees for the full Initial Term.

5.12.3. Non-Renewal. You may terminate your Membership at any time, provided: (i) such termination will not be effective until the end of the Initial Membership Term; (ii) you do not have any Selected Accessories; (iii) Embaucher has received all Selected Accessories returned to Embaucher; and (iv) you terminate your Membership at least five (5) days before the Start Day of your next Month. If you terminate your Membership in compliance with the foregoing, the effective date of termination of the Membership will be the last day of the current Month. If you terminate under this Section with less than five (5) days before the Start Day of your next Month, the Membership will still terminate, but the effective date of termination will be the last day of the following Month. If your Membership is terminated under this Section, you will be responsible for payment of the Subscription Fee through the end of the Month in which termination is effective.

5.12.4.By Embaucher. Embaucher may terminate your Membership at any time, for any or no reason, with immediate effect. If your Membership is terminated by Embaucher , you will be entitled to a refund, on a pro rata basis, of the Subscription Fee actually paid by you for the remainder of the Month after the effective date of termination. You refund will be on a pro rata basis based on a thirty-day period.

5.12.5. Suspension. Without limiting Embaucher termination rights as set forth herein, if you breach this Agreement, or Embaucher believes or has reason to believe that you are likely to breach this Agreement, or that you have or are likely to damage an Accessory, Embaucher may suspend your access to Accessories and you must immediately return all Accessories.

5.12.6. Result of Termination. Except as specifically provided herein to the contrary, upon expiration or termination of your Membership, your Account will be terminated, and your Subscription will end. Further, you must immediate return any Selected Accessories, or other Accessories you have in your possession, in compliance with the return procedure. You will pay all Subscription Fees and any other fees or amounts accrued during the Membership Term if not already collected.

6. RULES OF CONDUCT

In connection with the Services, you must not:

Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Services.
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Services.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without Embaucher’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Services.
Frame or mirror or archive any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without Embaucher’s express prior written consent.
Systematically download and store content from the Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without Embaucher’s express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.

7. OUR PROPRIETARY RIGHTS

The Website and any Products, and all materials provided through the Services, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials”), are owned by Embaucher or by respective third party supplies, authors, developers, or vendors (“Third Party Providers”) and are protected by proprietary rights and laws. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Embaucher. Our trade names, trademarks and service marks include Embaucher and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos without Embaucher’s permission. Nothing contained on the Website or otherwise available through the Services, should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Except where expressly provided otherwise by Embaucher, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Embaucher’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Contact Information” section below if you have any questions about obtaining such licenses. Except as otherwise provided herein, Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Embaucher. Embaucher does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Embaucher.

Embaucher is an independent company not affiliated with any third-party brands identified on or through the Services. Third-party brands identified on or through the Services: (i) do not authenticate the Products being offered through the Services, and (ii) do not assume responsibility for any Products rented or purchased through the Services. Third-party brands offered on or through the Services are not partners or affiliates of us in any manner. For more information regarding authentication of the Products, see our FAQ.

8. TERMINATION

This Agreement is effective until terminated. We may suspend or terminate your Account or your use of the Services at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Services at any time without notice. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2 shall survive any expiration or termination of this Agreement.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, (A) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EMBAUCHER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.00, (B) IN NO EVENT SHALL EMBAUCHER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, INCLUDING FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, THE APP, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, EVEN IF EMBAUCHER OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCT OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. ALL LIMITATION OF LIABILITY OF ANY KIND (INCLUDING THIS SECTION) ARE MADE FOR THE BENEFIT OF EMBAUCHER AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD PARTY PROVIDERS (“AFFILIATED ENTITIES”).

10. ACTUAL DAMAGES & COLLECTION

Without limiting any other provision of this Agreement, in the event you fail to pay the Subscription Fee, or any other amounts due or owing to Embaucher, or to return any Selected Accessories, or return a Selected Accessory in a damaged condition, in addition to being charged the complete retail value of the Selected Accessory in your possession, you will be responsible to pay Embaucher its ACTUAL DAMAGES, including but not limited to the Subscription Fee plus interest, as well as applicable costs or expenses incurred by Embaucher in connection with collecting payment from you, cleaning the Selected Accessory, restoring the Selected Accessory, or otherwise fixing the Selected Accessory.

No provision of this Agreement limits or otherwise restricts Embaucher from any recourse or other self-help process as permitted by law that Embaucher may take to recoup or otherwise collect its property, including Accessories, or any amounts due.

11. YOUR LIMITED RIGHTS

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Embaucher to use the Services, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

12. LICENSES FROM YOU

12.1. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

12.2. Feedback. In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Embaucher under any fiduciary or other obligation.

13. REFUNDS

If a Member is ever unhappy with their Selected Accessory and would like a refund, they may email embaucher.hire@gmail.com and someone from Embaucher’s team will be happy to assist and discuss best next steps.

14. PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS,” AND ON A “WHERE AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY (B) EMBAUCHER HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUARY REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICES, AND ALL PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EMBAUCHER MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMBAUCHER DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT EMBAUCHER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EMBAUCHER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EMBAUCHER EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION) ARE MADE FOR THE BENEFIT OF BOTH EMBAUCHER AND THE AFFILIATED ENTITIES.

Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at embaucher.hire@gmail.com with a description of such alteration and its location on the Services.

16. INDEMNITIES

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Embaucher and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions and use of the Accessories); and (b) any violation or alleged violation of this Agreement by you.

17. YOUR RESPONSIBILITIES; EXPORT CONTROLS

17.1. You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Embaucher controls and operates the Services and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

17.2. You are responsible for complying with Australian export controls and for any violation of such controls, including any Australian embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a Australian government embargo or other restriction, or that has been designated by the Australian government as a “terrorist supporting” country; or (b) on any of the Australian government lists of restricted end users.

18. NOTICES; QUESTIONS, COMPLAINTS; DMCA

18.1. Questions, Complaints. If you have a question or complaint regarding the Services, please send an e-mail to embaucher.hire@gmail.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

19. GOVERNING LAW; ARBITRATION

19.1. We will work in good faith to resolve any issue you have with the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

19.2. In the interest of resolving disputes between you and Embaucher in the most expedient and cost-effective manner, you and Embaucher agree that ALL disputes arising out of or related to these Terms and/or your use of any of Embaucher’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Embaucher. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EMBAUCHER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.3. Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

19.4. Arbitration Process. If you desire to assert a claim against Embaucher, and you therefore elect to seek arbitration, you must first send to Embaucher, by certified mail, a written Notice of your claim (“Notice”). If Embaucher desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Embaucher, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Embaucher and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Embaucher may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Embaucher or you shall not be disclosed to the arbitrator. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Any arbitration hearing will take place telephonically, unless an in-person hearing is requested by either party and such request is approved by the arbitrator. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed. The arbitrator shall award reasonable fees to the prevailing party, unless such award would conflict with applicable law.

19.5. No Class Actions.

19.5.1. YOU AND EMBAUCHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Embaucher agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Melbourne.

20. MISCELLANEOUS PROVISIONS

This Agreement represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Embaucher and you as a result of these Terms or use of the Website. You may not assign this Agreement without the prior written approval of Embaucher. Any purported assignment in violation of this section shall be void. Embaucher reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by Embaucher.