KidsKart Rental Agreement and Terms of Use

Effective date: 1 October 2026

Issued by Trolley Data Management Network Pty Ltd ABN 22 669 540 238 trading as KidsKart

KidsKart website | customercare@tdmn.com.au

IMPORTANT NOTICE. These Terms govern use of the KidsKart website, mobile application and app-connected children’s cars, strollers and related equipment. The adult account holder must read and accept these Terms before starting a rental. Venue-specific prices, limits and safety rules shown in the App form part of these Terms.

By selecting “I agree”, creating an account or starting a Rental Session, you enter into a binding agreement with the applicable service provider identified below. If you do not agree, do not create an account, unlock a Product or use the Services.

1. PARTIES AND APPLICATION

1.1 Platform Provider. Trolley Data Management Network Pty Ltd ABN 22 669 540 238, trading as KidsKart (“TDMN”), operates the KidsKart website, mobile application and supporting technology platform.

1.2 Rental Operator. The entity providing the Product at a particular Rental Location is the “Rental Operator”. The App will identify the Rental Operator before you confirm a rental. Unless another entity is clearly identified, the Rental Operator is TDMN.

1.3 Your contracts. Your use of the website, App and platform is governed by your agreement with TDMN. Your hire and use of a Product is governed by your agreement with the Rental Operator. Where TDMN is also the Rental Operator, both agreements are with TDMN. References to “we”, “us” and “our” mean TDMN or the Rental Operator, as the context requires.

1.4 Local Rental Details. Before you start a Rental Session, the App will display the applicable Rental Location, Rental Operator, currency, price, deposit or payment authorisation, maximum rental period, additional charges, return requirements and Product limits (“Local Rental Details”). The Local Rental Details form part of these Terms.

1.5 Order of priority. If these Terms conflict with Local Rental Details, the Local Rental Details prevail only for venue-specific commercial and operating details. They cannot remove a right or remedy that applicable law does not allow us to exclude.

2. DEFINITIONS

Account means the account created by an adult to use the Services.

Adult Supervisor means the Renter or another responsible adult who is at least 18 years old and continuously supervises the Child and Product.

App means the KidsKart mobile application and any authorised branded version of that application.

Authorised Area means the area in which the Product may be used, as shown in the App, at the Rental Location or on venue signage.

Child means a child carried in or using the Product under the continuous supervision of an Adult Supervisor.

Local Rental Details means the venue-specific information described in clause 1.4.

Product means a children’s car, stroller or related item made available through the Services.

Rental Location means the shopping centre, retailer, theme park, transport hub, entertainment venue or other approved site where the Product is supplied.

Rental Session means the period beginning when the Product is successfully unlocked for you and ending in accordance with clause 7.

Renter means the adult Account holder who accepts these Terms and starts the Rental Session.

Services means the website, App, platform, payment functionality and Product rental services covered by these Terms.

Venue Partner means the owner, manager or occupier of a Rental Location, which may assist with local operations but is not the Rental Operator unless identified as such in the App.

3. ELIGIBILITY AND ACCOUNTS

• You must be at least 18 years old and legally capable of entering into a contract.
• You must provide accurate Account and payment information and keep it current.
• You must keep your login details secure and must not allow another person to use your Account.
• The payment method must be valid and used with the account holder’s authority.
• Children must not create Accounts, make payments or operate the App independently.
• You are responsible for all Rental Sessions started through your Account unless you promptly report unauthorised use.

4. RENTAL FORMATION AND PRODUCT SELECTION

4.1 Rental request. Selecting a Product and requesting an unlock is an offer to rent that Product under these Terms and the Local Rental Details.

4.2 Acceptance. A Rental Session is accepted when the Product successfully unlocks and the App confirms that the rental has started. An unsuccessful unlock does not create a Rental Session, although a temporary payment authorisation may take time to be released by your payment provider.

4.3 Product choice. You must select a Product suitable for the Child and check all displayed age, height, weight and occupancy limits. Do not use a Product if the Child does not meet every applicable limit.

4.4 Availability. Products are generally offered on a first-come, first-served basis. Availability shown in the App may change before an unlock is completed.

5. ADULT RESPONSIBILITY AND AUTHORISED USE

• An Adult Supervisor must remain with the Child and Product and maintain effective control throughout the Rental Session.
• Only the permitted number of children may use the Product. Unless the Product label or Local Rental Details expressly allow otherwise, only one Child may use it.
• The Product may be used only within the Authorised Area and during the Rental Location’s operating hours.
• The Product must be used only for ordinary personal and family use and must not be hired out, resold, modified, dismantled or used for racing, stunts, towing or commercial activity.
• You must comply with reasonable instructions in the App, on the Product, on venue signage and from authorised venue or support staff.
• You must not use the Product while affected by alcohol, drugs, medication or any condition that prevents safe supervision or control.

6. SAFETY REQUIREMENTS

Use of a Product involves foreseeable risks including collision, falls, tipping, entrapment and injury to the Child, the Adult Supervisor or other people. You must take reasonable care and comply with all safety instructions. This acknowledgement does not exclude any liability that cannot lawfully be excluded.

• Inspect the Product before use. Do not use it if it appears damaged, unstable, unclean, unsecured or unsafe.
• Secure every fitted seatbelt, harness, door or restraint before moving the Product and keep it secured while in use.
• Do not allow a Child to stand, climb, lean out, place hands or feet near wheels, or enter or leave while the Product is moving.
• Move at a safe walking pace and maintain a safe distance from people, displays, doors, traffic and other obstacles.
• Do not use the Product on roads, vehicle ramps, loading areas, car parks, stairs, escalators or travelators, or outside any approved area. Use a lift where required and permitted.
• Do not overload the Product or carry items in a way that affects stability, visibility or safe operation.
• Stop using the Product immediately if a fault, accident, injury or unsafe condition occurs and contact support or venue staff.

7. RENTAL START, DURATION AND RETURN

7.1 Start. The Rental Session starts when the Product unlocks and the App confirms the start time.

7.2 Duration. Charges continue until the Rental Session ends. Any grace period, maximum duration or price cap is stated in the Local Rental Details.

7.3 Return. You must return the Product to an approved return point, place it correctly in the designated position and securely engage the lock before leaving it unattended.

7.4 End. The Rental Session ordinarily ends when the Product is securely returned and the App confirms completion. You should retain the confirmation until the final charge is shown.

7.5 Technical failure at return. If the Product is correctly returned but the lock or App does not confirm completion, contact support immediately and provide the Product identifier, location, time and any requested photograph. After verification, the Rental Session will be adjusted to the time the Product was properly returned. You will not be charged for additional time caused solely by a verified system or lock fault.

7.6 Maximum duration. You must return the Product before the maximum duration expires. A price cap does not give you a right to retain the Product after that time.

8. PRICES, DEPOSITS AND PAYMENT AUTHORISATIONS

8.1 Price disclosure. The App will show the currency, initial price, time-based rate, applicable taxes, unavoidable charges and any price cap before you confirm the rental. Prices may vary by Rental Location.

8.2 Payment authority. You authorise the Rental Operator and its payment processor to obtain a deposit or temporary authorisation and to charge the payment method for rental fees and other amounts lawfully payable under these Terms.

8.3 Deposit or authorisation. The amount and treatment of any deposit or payment authorisation will be shown before the rental. We will initiate any required release or refund promptly after finalising the Rental Session, but your bank or payment provider controls when released funds become available.

8.4 Card costs. For Australian rentals, the displayed price includes card payment costs and no separate card surcharge will be added. Elsewhere, any lawful payment fee must be clearly disclosed before confirmation and included in the total price where applicable law requires.

8.5 Failed payment. If a payment fails, you remain responsible for the amount properly due. We may retry the authorised payment method, ask you to provide another payment method, suspend the Account or recover reasonable external collection costs where permitted by law and disclosed to you.

8.6 Currency conversion. Your card provider may apply exchange rates or international transaction fees. Those amounts are imposed by the provider and are not KidsKart charges.

9. ADDITIONAL CHARGES

Additional charges apply only when stated in the Local Rental Details, reasonably connected with a breach of these Terms and permitted by law. They may include reasonable costs arising from:

• Return after the maximum rental period;
• Leaving a Product unlocked, unattended, outside the Authorised Area or away from an approved return point;
• Recovery, cleaning or repair beyond fair wear and tear;
• Loss, theft or failure to return the Product; or
• A chargeback or payment reversal that is not supported by a valid dispute.

Evidence and proportionality. We may use transaction records, lock events, location data, photographs, inspection reports and reasonable repair or replacement evidence when assessing a charge. We will not recover more than our reasonable loss and will not recover twice for the same loss. You may ask us to review a charge and provide relevant evidence.

10. CANCELLATION, REFUNDS AND FAULTY PRODUCTS

10.1 Before unlock. You may cancel a rental request before the Product unlocks without a rental charge, unless a clearly disclosed reservation fee applies.

10.2 After unlock. Once the Product unlocks, time-based charges ordinarily apply until proper return. Any mandatory cancellation or withdrawal rights under applicable law remain available.

10.3 Faults. If a Product is faulty, unsafe or unavailable, stop using it and report the issue promptly. Depending on the circumstances and applicable law, we may end the Rental Session, correct the charge, refund the affected amount or provide another Product.

10.4 Change of mind. Unless required by law or stated in the Local Rental Details, we do not provide a refund merely because you choose to stop using a safe and functioning Product after the rental has started.

10.5 Statutory remedies. Nothing in this clause limits any statutory refund, repair, replacement, repeat-performance, price-reduction or damages remedy available to you.

11. LOSS, THEFT, DAMAGE AND ABANDONMENT

11.1 Care. You must take reasonable care of the Product from unlock until proper return and must not leave it unsecured or unattended except at an approved return point.

11.2 Reporting. Report any accident, injury, theft, loss, damage or police involvement as soon as reasonably possible and provide accurate information requested for investigation or insurance purposes.

11.3 Your responsibility. You are responsible for reasonable loss, recovery, cleaning, repair or replacement costs to the extent caused by your breach of these Terms, negligence, deliberate act or unauthorised use. You are not responsible for fair wear and tear, a pre-existing defect or loss caused by our breach or negligence.

11.4 Abandonment. A Product may be treated as abandoned if it is left unlocked or unattended away from an approved return point, taken outside the Authorised Area, or not returned within the maximum rental period. We may locate and recover it and apply a disclosed reasonable recovery charge where permitted by law.

11.5 Non-return. If a Product is not returned after reasonable contact attempts, we may suspend the Account, charge a disclosed reasonable replacement amount, notify the Venue Partner and report suspected theft to law enforcement. Any later recovery will be taken into account when finalising the amount due.

12. SERVICE AVAILABILITY AND TECHNOLOGY

12.1 Availability. We aim to keep the Services available but do not guarantee uninterrupted access, continuous network coverage or that a particular Product will be available.

12.2 Device requirements. You are responsible for a compatible mobile device, an active internet connection, location and Bluetooth permissions where required, and a supported version of the App.

12.3 Service interruption. We may temporarily restrict access for maintenance, safety, security, fraud prevention or legal reasons. We will take reasonable steps to minimise disruption and will not charge you for verified rental time caused solely by our system failure.

12.4 Emergency assistance. The App and customer support are not emergency services. Contact local emergency services if anyone is injured or in immediate danger.

13. PRIVACY, LOCATION DATA AND CHILDREN

13.1 Privacy Policy. TDMN handles personal information in accordance with the KidsKart Privacy Policy and applicable privacy and data-protection laws. The current policy is available at the KidsKart Privacy Policy.

13.2 Location and device data. The Services may use Product location, mobile-device permissions, identifiers and transaction data to provide rentals, confirm returns, prevent fraud, locate missing Products, support customers and maintain safety. The Privacy Policy explains the legal basis, retention, disclosure and rights that apply.

13.3 Payment data. Payments are processed by authorised payment providers. We do not intentionally store complete payment-card numbers in the App or our general customer database.

13.4 Children’s data. The Account and payment service are for adults. Do not enter a Child’s name, contact details or other personal information unless the App expressly requests it for a lawful and clearly explained purpose. We do not knowingly create Accounts for children.

13.5 International processing. Where information is processed or stored outside your country, we will use the safeguards required by applicable law and described in the Privacy Policy.

14. SUSPENSION AND TERMINATION

14.1 Suspension. We may refuse an unlock or suspend an Account where reasonably necessary for safety, suspected fraud, repeated non-payment, unlawful activity, material breach of these Terms or protection of a Product, user or third party.

14.2 Current rentals. Suspension does not remove your obligation to return a Product or pay amounts properly incurred. We may require immediate return where it is safe and reasonable to do so.

14.3 Account closure. You may request Account closure subject to payment of outstanding amounts and any lawful data-retention requirements. Clauses intended to operate after closure, including payment, liability, privacy, disputes and general provisions, continue to apply.

15. APP LICENCE AND INTELLECTUAL PROPERTY

15.1 Limited licence. TDMN grants you a personal, limited, non-exclusive, non-transferable and revocable licence to use the App for lawful access to the Services.

15.2 Restrictions. You must not copy, sell, sublicense, reverse engineer, interfere with, scrape, bypass security controls, introduce malicious code or use the App or Products to develop a competing service, except to the extent a restriction is prohibited by law.

15.3 Ownership. TDMN and its licensors retain all rights in the KidsKart and sMart Lock brands, software, content, designs and technology. Ownership of each physical Product remains with its owner and does not pass to you.

16. CONSUMER RIGHTS

16.1 Mandatory rights. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

16.2 Australian consumers. For Services supplied to consumers in Australia, the Australian Consumer Law applies. Our Services come with guarantees that cannot be excluded under that law. Any limitation or exclusion in these Terms applies only to the extent permitted by the Australian Consumer Law.

16.3 Other countries. If mandatory consumer law in the country where the Product is rented gives you greater protection, that law prevails to the extent of any inconsistency.

17. RISK AND LIABILITY

17.1 No exclusion of protected liability. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence where that liability cannot be excluded, fraud or fraudulent misrepresentation, wilful misconduct, reckless conduct where protected by law, or any other liability that applicable law does not permit us to exclude or limit.

17.2 Foreseeable loss. Subject to clause 17.1 and applicable consumer law, each party is responsible for loss that is a reasonably foreseeable result of its breach or negligence. Neither party is responsible for loss that was not reasonably foreseeable when the contract was formed.

17.3 Personal use. The Services are supplied for personal and domestic use. To the extent permitted by law, we are not responsible for business losses, loss of profit, loss of revenue or loss of business opportunity arising from personal use of the Services.

17.4 Third parties. We are not responsible for an independent third party’s acts or omissions unless applicable law makes us responsible. This does not reduce our responsibility for providers we engage to perform our obligations where the law does not allow that responsibility to be excluded.

18. YOUR RESPONSIBILITY FOR THIRD-PARTY CLAIMS

To the extent permitted by law, you are responsible for reasonable third-party claims, losses and costs caused by your deliberate misconduct, negligence, unlawful use or material breach of these Terms. You are not responsible to the extent the claim was caused by our breach, negligence, a Product defect or another matter for which we are legally responsible.

19. EVENTS BEYOND REASONABLE CONTROL

A party is not responsible for delay or failure caused by an event beyond its reasonable control, including widespread telecommunications failure, natural disaster, civil emergency, government action or venue closure. This clause does not permit us to charge for a service that was not supplied and does not remove any mandatory refund or consumer right.

20. CHANGES TO THESE TERMS

20.1 Current Rental Session. The version accepted when a Rental Session starts governs that Rental Session unless a change is required by law or is more favourable to you.

20.2 Future changes. We may change these Terms for future Rental Sessions to reflect changes in law, safety, products, pricing or the Services. We will publish the updated version and effective date and give additional notice where required by law.

20.3 Material changes. If a material change requires renewed consent under applicable law, we will ask you to accept it before starting another Rental Session. Continued use alone will not replace express consent where the law requires one.

21. COMPLAINTS AND DISPUTES

21.1 Contact us first. Please contact us promptly with the Rental Session identifier, Product identifier, Rental Location and details of the issue. We will review the matter and may request reasonable supporting information.

21.2 Informal resolution. The parties will attempt in good faith to resolve a dispute through customer support before commencing formal proceedings, where reasonable. This does not prevent either party from seeking urgent relief or using a regulator, tribunal, court or dispute-resolution process available under mandatory law.

21.3 Charge disputes. If you dispute a charge, contact us before initiating a chargeback where practicable so we can investigate and correct any error. This request does not limit your rights with your card issuer or under applicable law.

22. GOVERNING LAW

22.1 Platform agreement. The agreement with TDMN is governed by the laws of New South Wales, Australia. Subject to clause 22.3, the courts of New South Wales have non-exclusive jurisdiction.

22.2 Rental agreement. The rental agreement is governed by the law stated in the Local Rental Details. If no law is stated, it is governed by New South Wales law.

22.3 Mandatory local rights. This choice of law and jurisdiction does not deprive you of mandatory consumer protections or access to a court or tribunal that applicable law does not allow you to waive.

23. REGIONAL PROVISIONS

23.1.1 Australian Rental Details. Before You confirm an Australian rental, the App will display the applicable rental rate, currency, method of calculation, deposit or payment authorisation, maximum rental period, maximum time-based charge, unavoidable fees and any applicable additional charges. These details form part of the Local Rental Details and must be accepted before the Product unlocks.

23.1.2 Australian Deposit or Payment Authorisation. A refundable deposit or temporary payment authorisation may be required before the Product unlocks. The applicable amount will be displayed in the App before You confirm the rental. Rental fees and any other amounts properly payable under these Terms may be deducted from or charged against that amount. Any unused balance will be released or refunded after the Rental Session is finalised, subject to payment-provider processing times. If the total amount properly payable exceeds the deposit or authorised amount, You authorise the remaining balance to be charged to the payment method linked to Your Account.

23.1.3 Australian Abandonment Process. A Product may be treated as abandoned if it remains stationary for more than two hours and has not been securely returned and locked at an approved return point. Where technically possible, We will make reasonable attempts to send two notifications asking You to return and lock the Product before taking abandonment action. The applicable rental charge will continue until the Product is properly returned or recovered, or until the maximum rental period displayed in the App is reached, whichever occurs first. The time-based rental charge will not exceed the maximum charge displayed and accepted before the rental. A separate reasonable recovery, repair or replacement cost may apply only where disclosed, supported by the circumstances and permitted by law.

23.1.3 Australian abandonment process. A Product may be treated as abandoned if it remains stationary for more than two hours and has not been securely returned and locked at an approved return point. Where technically possible, we will make reasonable attempts to send two notifications asking you to return and lock the Product before taking abandonment action. The standard rental charge will continue until the Product is properly returned or recovered, or until the 12-hour maximum is reached, whichever occurs first. The time-based rental charge will not exceed a 12 hour charge. A separate reasonable recovery, repair or replacement cost may apply only where disclosed, supported by the circumstances and permitted by law.

23.2 United Kingdom and European Economic Area. Mandatory consumer rights concerning service quality, price transparency, unfair terms, cancellation and remedies remain unaffected. If applicable law gives you a withdrawal right for a service requested online, you expressly request the Rental Session to begin when the Product unlocks. You may be required to pay for the service supplied before a valid withdrawal, and the right may end once the service is fully performed where the law permits and you have given the required acknowledgement.

23.3 United States and Canada. Some States and Provinces do not allow certain exclusions or limitations of liability. Any exclusion or limitation in these Terms applies only to the maximum extent permitted in your jurisdiction.

23.4 Other regions. Country-specific or venue-specific supplementary terms may be displayed before rental where required. Those supplementary terms form part of the agreement and prevail only to the extent necessary to comply with local law or describe local operating conditions.

24. GENERAL PROVISIONS

24.1 Entire agreement. These Terms, the Local Rental Details, the Privacy Policy and any applicable regional supplementary terms form the agreement relating to the Services. They replace earlier statements about the same subject but do not exclude representations or rights that cannot lawfully be excluded.

24.2 Severability. If a term is invalid or unenforceable, it will be read down to the minimum extent necessary or severed where reading it down is not possible. The remaining terms continue to apply.

24.3 No waiver. A delay in exercising a right does not waive that right.

24.4 Assignment. You may not transfer your Account or rights under a Rental Session. We may transfer our rights and obligations as part of a genuine business sale, restructure or transfer of the Services if the transfer does not reduce your mandatory rights, and we will provide notice where required.

24.5 Language. Translations may be provided for convenience or as required by law. If versions conflict, the version required to prevail by applicable law will prevail; otherwise, the English version prevails.

24.6 Electronic communications. You agree to receive contractual notices, receipts and service communications electronically through the App, website, email or other contact details linked to your Account, subject to applicable law.

25. CONTACT

Trolley Data Management Network Pty Ltd
ABN 22 669 540 238
Suite 19, 103 George Street
Parramatta NSW 2150 Australia
Email: customercare@tdmn.com.au
Website: kids-kart.com

© 2026 Trolley Data Management Network Pty Ltd. All rights reserved.

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