This agreement applies to Utilise It and the services it offers. Before setting up an account, each user must read and agree to this agreement.
If you have any questions with regard to the General Terms and Conditions please refer them to firstname.lastname@example.org
These General Terms and Conditions (the Terms) govern the relationship between Utilise It of Worcester Road, Great Witley, Worcester WR6 6HU and a registered user (User) of the Service (defined below).
The Company provides a service to rent out a collection of products via the website that enables Users to rent items directly between themselves. The Company does not hold stock and offer owners to list their items on the website as an online market place only and is not a contracting party in the concluded Rental Agreements which are solely between individual Users. Such agreements will be between a User renting out goods (owner) to a User hiring those goods (the hirer).
“User” within the meaning of the Terms includes each person, firm or company who is registered to use the Service including to procure information or to initiate or carry out rental transactions irrespective of an intention to enter into an agreement as hirer or rental supplier. The Company has no control over the quality, safety or legality of items listed and/or the truthfulness or accuracy of the rental listings, or the ability of hirers to rent or pay for the rental of any items. Any deposits or guarantees required by the owner in whatever form, remains the sole responsibility of the hirer and owner. The Company is not responsible for the collection, retention, or refunding of any deposit, for the control of the exact identity of the owner and the hirer, or for collecting money owed by the hirer to the owner or by the owner to the hirer.
All Users must be 18 years or over and able to form legally binding contracts.
All Users must agree to be bound by the Terms Use of the service when registering with The Company. If the User’s details change following registration, the User must update the details in their account immediately or, if this is not possible, immediately inform The Company in writing of the changes.
Upon registering and within the prescribed technical requirements, the User must specify a user name and a password to access the data. The user name must not be such that its use could infringe third party rights, in particular registered or unregistered trademarks or name or labelling rights, or be in any way illegal or immoral. The User is obliged to keep the access data secret and protect it from unwarranted access by third parties. If the User loses their access data, or if they know or believe that their access data is being used by a third party, the User must communicate this to The Company immediately.
By submitting the registration form, the User offers to enter into a contract with The Company governed by the Terms and confirms that they are entitled to use the Service in accordance with the Terms.
Utilise Assets reserves the right to decline the User’s registration without giving reasons.
Utilise Assets has the right immediately to block a User’s account at its own discretion:
if false statements were made by the User when registering
in the case of loss or suspicion of misuse of the access data by any person
if the User has breached any of the Terms
if any serious act by the User gives Utilise Assets reasonable grounds for so doing.
In the event that a User account is blocked by The Company, the User concerned is barred from re-registering and opening a User account with The Company without the prior and express written consent from The Company.
Cancellation of a rental booking can be done by e-mailing email@example.com or send by post to Utilise It, Worcester Road, Great Witley, Worcester WR6 6HU.
The Hirer may cancel a rental booking before it has been accepted by the Owner, at no cost. However, If a deposit has been requested by the Owner, this amount will not be charged to them when such a cancellation occurs.
Once a rental booking has been accepted by an Owner, the hirer might still have the option to cancel the rental and the corresponding Rental Agreement, depending on the Owners terms of the Rental Agreement. If a deposit has already been charged, the Hirer may not be reimbursed for it.
If a Rental Transaction is cancelled by the Owner after having been previously accepted, the Hirer can contact The Company directly via the Contact Us page if the Hirer suspects bad faith or other abuse, and can otherwise leave feedback about the Owner.
All information concerning rental arrangements provided by The Company on the Website is for information only. It is non-binding and does not amount to an offer to enter into a Rental Agreement or any other contract.
Rental Customers have a number of options. They may simply make a rental enquiry. They may hire an item whose availability is set out live on the Website (Live Booking). Where live availability of an item is not evident, they may enter into a Rental Agreement following an enquiry as to availability. The type and the time of the conclusion of a Rental Agreement in the different circumstances are set out below.
Conclusion and performance of a Rental Agreement are the sole responsibility of the contracting parties and not of The Company.
If the rental item is offered under the Standard Method, all appropriate information relating to the rental, including the rental price, is found on the relevant page of the Website.
By sending the completed rental enquiry form the Rental Customer submits to the Hire Party a non-binding rental request to enter into a Rental Agreement on the conditions stated in the enquiry, including any special rental conditions offered by the Hire Party.
The Company forwards the Rental Customer’s enquiry on to the Hire Party or individual and the Hire Party may reply to the Rental Customer. The enquiry and the reply are non-binding for both parties until a Rental Agreement is entered into directly between them.
Access, registration and usage of the website are free for all users.
Once a booking has been placed by the Hirer and the Owner has accepted, The Company will charge the owner a commission of 10% plus VAT on the rental value. If the renter cancels before renting the item a full refund will be made unless special terms apply.
There are no other charges for listing items on The Company’s website.
The Company reserve the right to change its policies regarding rental listings fees, commissions and other services fees. These changes will take effect once they are published online and will apply to all transactions upon their publication.
The Company makes available to users a system to evaluate the rental goods and service. Feedback is given to the Owner and Hirer which can only be accessed in the Users account.
The Company cannot exclude the possibility that Users use the Service with intent to fraud. In particular, The Company does not accept any liability arising as a result of a User registering under a false identity. The Company recommends that all Users verify the identity of their contracting partners prior to the exchange of goods.
Contact details that are disclosed through use of the Service, or that become known within the framework of the use of the Service, may be used by the contracting parties solely for transacting Rental Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for sending any unsolicited e-mail, fax or letter or for making contact by telephone or otherwise.
The User can cancel this agreement at any time by sending a written cancellation notice to the address given in Clause 4.1, but any liability already incurred under this agreement remains enforceable.
The Company can cancel this agreement with the User at any time on two weeks written notice sent by post or email to the relevant address registered by the User. The Company can also cancel this agreement at any time on breach by the User of this agreement.
The Company does not warrant that the use of the Service will be uninterrupted or error-free.
The Company shall have no liability for any losses or damages which may be suffered by a User (or any person claiming under or through a User), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
special damage even though The Company was aware of the circumstances in which such special damage could arise
loss of profits, revenue, anticipated savings, business opportunity or goodwill
loss of, or damage to, data
loss of contract
reduction in goodwill
for any other direct or indirect or consequential loss however arising, due to any use of or defect in the Service (including any virus) even if such loss was reasonably foreseeable or The Company had been advised of the possibility by the User.
The exclusions in this licence shall apply to the fullest extent permissible at law, but The Company does not exclude liability for death or personal injury caused by the negligence of The Company, its officers, employees, contractors or agents, for fraud, for breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or for any other liability which may not be excluded by law.
The User indemnifies and holds harmless The Company against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which The Company may incur or which may be awarded against The Company and which arise out of the use of the Services by or with the permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a User through the Website, ratings placed by one User in respect of another User, or as a result of the illegal offer or rental of an item.
The User is bound, in the event of a claim against The Company, to provide The Company immediately, truthfully and completely with all information required by The Company to examine the claim and to prepare a defence against the claim.
This licence shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
The Company reserves the right to amend these Terms at any time and without giving reasons. The User will be sent the amended Terms by e-mail.
The revised Terms are deemed accepted if the User does not object within 14 days following the sending of the e-mail. Any objection must be in writing and will have the effect of immediately terminating this agreement.
The Owner must place any item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental terms, features and characteristics of the item reasonably required by another User in deciding whether to enter into a Rental Agreement.
It is not permitted to enter contact details that enable another User to establish direct contact with them, whether in the description or in the rental conditions of the rental item being placed, or elsewhere. In particular, it is not permitted to specify telephone and fax numbers or e-mail and Internet addresses.
If the Owner accepts orders from the Hirer, the Owner must state that the price named in the offer is the gross price (including VAT) and specify any other price components or additional charges to the consumer, as well as giving the exact rental rate.
The Owner must ensure that their offer of goods for hire complies with all applicable laws, as must their supply or rental of such goods and the terms of any Rental Agreement they enter into with another User. This includes, without limitation, all applicable laws governing distance selling and e-commerce and the obligation to provide details of identity and address and to offer a right of cancellation. Specific attention is drawn to the terms of Clause 13.
The Owner has the possibility of describing the items to be placed with images that can be uploaded when placing the item on The Company’s server. The Owner warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
The Owner must immediately remove items that are no longer available for rental.
Following a non-binding enquiry through the Service, the Owner receives the contact details of the Hirer making the provisional booking and can enter into a Rental Agreement with them once the goods are paid for.
User enquiries and bookings can be dealt with in the account. The Owner has access to all necessary information regarding the enquiry. The Hirer will be informed of all cancellations. The Company reserves the right to contact the User who made the enquiry and request information regarding any booking.
If enquiries are not dealt with or cancelled and a Rental Agreement with the Hirer is concluded at a later date and if The Company is not informed of this agreement, this can lead to exclusion from use of the Service, to cancellation of the item and to instant dismissal from the Service by The Company. Giving false information with regard to transaction amounts can also lead to instant dismissal and cancellation of the items. All such failure to inform or provision of false information is a material breach of this agreement by the User.
It is forbidden to place items in the Service and offer them rental:
if the sale or rental is illegal
if rental advertising infringes third party rights (by way of example, copyrights, moral rights, performance protection rights, trademarks, patent rights and design protection rights, or other third party rights
if they contain symbols of unconstitutional organisations according to the law of any EU member state
if they are pornographic or otherwise harmful to young persons
if they are weapons
if they endanger health
if they are immoral
The rental of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Owner shall be responsible for adhering to these regulations. Where an official licence is required by law then only licensed Owner has the right to list relevant animals on The Company.
The Company reserves the right to remove items that breach the Terms or violate any applicable law, without giving reasons and without prior warning. We draw your attention to Clause 13.
Originals or duplicates of works on which copyrights or performance protection rights exist (e.g. musical works, films, live recordings of performances or concerts, photographs, literary works, maps, paintings, graphics, computer programs, data bases etc.) can only be rented out with the express permission of the holder of the rights. This also applies, with the exception of buildings and works of applied art, even if the original or the copy was put into circulation by sale and with the permission of the holder of the distribution rights, and the Owner has legally acquired the original or copy.
The Owner confirms that the holder of the distribution rights on any item has given permission for the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 13.
The item description given by the owner, including any uploaded images, may not contain advertising for products other than the items offered.
It is not permitted to create links to third party Internet offers or to other Internet offers of the Owner.
No term of this agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this agreement.
Nothing in this agreement shall give a User the right to use the trade marks, copyright or other intellectual property of The Company.