This agreement applies to Utilise Assets Ltd t/a Utilise It and the services it offers. Before setting up an account, each user must read and agree to this agreement.

General Provisions

1. Scope of Provisions
1.1 These General Terms and Conditions (the Terms) govern the relationship between Utilise Assets Ltd t/a Utilise It of Worcester Road, Great Witley, Worcester WR6 6HU and a registered user (User) of the Service (defined below).

2. Our Services
2.1 Utilise Assets provides a Service to rent out products and services via a website (the Website) that enables Users to produce rental agreements (Rental Agreements) between themselves (the parties). Utilise Assets does not hold stock and offer own items for rent and is not a contracting party in the Rental Agreements that are concluded. Rental Agreements are solely between individual Users. Such agreements will be between a User or renting out goods or services (the Hire Company) to a User hiring those goods or services (the Rental Customer).
2.2 "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.

3. Registration
3.1 All Users must be 18 years or over and able to form legally binding contracts.
3.2 All Users must agree to be bound by the Terms Use of the service when registering with Utilise Assets. 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 Utilise Assets in writing of the changes.
3.3. Upon registering and within the prescribed technical requirements, the User must specify a User-name and a password ("access 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 Utilise Assets immediately.
3.4 By submitting the registration form, the User offers to enter into a contract with Utilise Assets governed by the Terms and confirms that they are entitled to use the Service in accordance with the Terms.
3.5 Utilise Assets reserves the right to decline the User´s registration without giving reasons.
3.6 If Utilise Assets accepts the registration, the User will receive a confirmatory e-mail with a confirmation code and a summary of the User´s most important details. The contract between the User and Utilise Assets comes into effect when Utilise Assets sends the confirmatory e-mail. In order to complete registration, the User must comply with the instructions contained in the confirmatory e-mail.
3.7 Utilise Assets has the right immediately to block a User´s account at its own discretion:
a) if false statements were made by the User when registering;
b) in the case of loss or suspicion of misuse of the access data by any person;
c) if the User has breached any of the Terms; or
d) 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 Utilise Assets, the User concerned is barred from re-registering and opening a User account with Utilise Assets without the prior and express written consent from Utilise Assets.

4. Cancellation Rights
4.1 If the User is a consumer they can revoke by notice in writing this User agreement within a two week period without the need to give any reasons. The revocation period begins on the day following receipt by the User of the acknowledgement e-mail and written version of these instructions. The letter of revocation must be sent within the stipulated time limit. The revocation letter must be sent to:
Utilise Assets Ltd, Worcester Road, Great Witley, Worcester WR6 6HU
or
help@utiliseit.co.uk
The cancellation right is invalidated if, before the end of the revocation period, the User places or books a rental item or sends an enquiry through the Service

4.2 In the event of an effective cancellation, the User is no longer bound by these Terms. In this event, this agreement with the User is to be treated as if it was never entered into and any benefits received by the User or by Utilise Assets must be returned to the other.

5. Rental Agreements
5.1 All information concerning rental or sale arrangements provided by Utilise Assets 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.
5.2 Rental Customers have a number of options. They may simply make a rental enquiry. They may hire or buy 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.
5.3 Conclusion and performance of a Rental Agreement are the sole responsibility of the contracting parties and not of Utilise Assets. In particular, Utilise Assets does not collect the rental fee for the Hire Company.

6. Standard Method
6.1 If the rental (or sale) item is offered under the Standard Method, all appropriate information relating to the rental (or sale), including the rental (or sale) price, is found on the relevant page of the Website.
6.2 By sending the completed rental (or sale) enquiry form the Rental Customer submits to the Hire Company a non-binding rental (or sale) request to enter into a Rental Agreement on the conditions stated in the enquiry, including any special rental conditions offered by the Hire Company.
6.3 Utilise Assets forwards the Rental Customer's enquiry on to the Hire Company or individual and the Hire Company 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.
6.4 The contact details necessary to enable the swift conclusion of an agreement are available to both parties. Following the conclusion of a Rental Agreement the Hire Company must inform Utilise Assets of the actual amount of the transaction. Utilise Assets will then invoice for the relevant commission. Processing is carried out in the log-in area under the menu item "enquiries" -> "supplier bookings".

8. Payment Terms
8.1 Use of the Service is free for the Rental Customer.
8.2 Once a booking has been placed by the renter, Utilise Assets will charge the owner a commission of 10%/50% (depending on the service) plus VAT on the rental value. If the renter cancels before renting the item a full refund will be made unless special terms apply
8.3 There are no other charges for listing items and service on Utilise Assets website.

9. Rating System
9.1 Utilise Assets cannot exclude the possibility that Users use the Service with intent to fraud. In particular, Utilise Assets does not accept any liability arising as a result of a User registering under a false identity. Utilise Assets recommends that all Users verify the identity of their contracting partners prior to the exchange of goods or services.
9.2 In order to provide an indication of the reliability of a potential Rental Customer or Hire Company, Utilise Assets has a rating system, the observance and use of which Utilise Assets recommends. The system is based exclusively on information from prior contracting partners. The information does not reflect the view, opinion or position of Utilise Assets and does not constitute an evaluation or recommendation of Users by Utilise Assets. Utilise Assets does not verify the information given.
9.3 Following settlement of a Rental Agreement, each party will then have the opportunity to rate the other party and, in particular, to give information on the party´s reliability under the Rental Agreement. The User must only give information that is true, factual and which avoids wrongfully dispraising the evaluated User. The information must not infringe legal requirements. We draw your attention to Clause 13. A User must not rate them self or prompt third parties to rate them self in a particular way. Users must not include in ratings circumstances outside the specific Rental Agreement.
9.4 In its sole discretion, Utilise Assets has the right to delete any User rating at any time without giving reasons and without warning. In particular, but without limitation, Utilise Assets may delete any rating if these Terms are breached or if the rating runs contrary to the intention of the rating system.

10. Use of Personal Details
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.

11. Cancellation
11.1 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.
11.2 Utilise Assets 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. Utilise Assets can also cancel this agreement at any time on breach by the User of this agreement.

12. Liability
12.1 Utilise Assets does not warrant that the use of the Service will be uninterrupted or error-free.
12.2 Utilise Assets 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:
12.2.1 special damage even though Utilise Assets was aware of the circumstances in which such special damage could arise;
12.2.2 loss of profits, revenue, anticipated savings, business opportunity or goodwill;
12.2.3 loss of, or damage to, data;
12.2.4 loss of contract;
12.2.5 reduction in goodwill;
12.2.6 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 Utilise Assets had been advised of the possibility by the User.
12.3 The exclusions in this licence shall apply to the fullest extent permissible at law, but Utilise Assets does not exclude liability for death or personal injury caused by the negligence of Utilise Assets, 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.

13. Indemnity
13.1 The User indemnifies and holds harmless Utilise Assets against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which Utilise Assets may incur or which may be awarded against Utilise Assets 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.
13.2 The User is bound , in the event of a claim against Utilise Assets, to provide Utilise Assets immediately, truthfully and completely with all information required by Utilise Assets to examine the claim and to prepare a defence against the claim.

14. Governing Law and Dispute Resolution
14.1 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.

15. Amendments to the General Terms of Use
15.1 Utilise Assets 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.
15.2 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.

16. Uploading Rental Items
16.1 The Hire Company 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.
16.2 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.
16.3 If the Hire Company accepts orders from consumers, the Hire Company 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.
16.4 All Hire Companies must ensure that their offer of goods or services for sale or hire complies with all applicable laws, as must their supply or rental of such goods or services 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.
16.5 The Hire Company has the possibility of describing the items to be placed with images that can be uploaded when placing the item on the Utilise Assets server. The Hire Company warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
16.6 The Hire Company must immediately remove items that are no longer available for rental.

17. User Obligations
17.1 Following a non-binding enquiry through the Service, the Hire Company or individual receives the contact details of the User making the enquiry and can immediately enter into a Rental Agreement with them.
17.2 The Hire Company or individual must inform Utilise Assets of the actual value of the agreement (rent or sale), so as to enable Utilise Assets to receive commission. A tool with which this can be done is available in the log-in area.
17.3 User enquiries can be dealt with in the menu item "enquiries". The Hire Company has access to all necessary information regarding the enquiry. Here, the amount of the transaction can be entered or the enquiry cancelled. The Rental Customer will be informed of all cancellations. Utilise Assets reserves the right to contact the User who made the enquiry and request information regarding any booking.
17.4 The enquiry remains in the file "unconfirmed requests" until it has been dealt with by the Hire Company. The Hire Company is bound to deal with the enquiry within a reasonable time (which shall be 2 days in the absence of evidence to the contrary). E-mail reminders may be sent to the User. Utilise Assets has the right to de-activate any items if requests to deal with the enquiry remain unsuccessful.
17.5 Utilise Assets reserves the right to issue an invoice if an enquiry is not dealt with and following expiry of the return date an invoice will be generated and sent to the Hire Company by e-mail. The Hire Company's obligation to inform Utilise Assets of the actual amount of the transaction will remain unaffected. Where appropriate, subsequent invoicing will be initiated to cover the correct sums due.
17.6 If enquiries are not dealt with or cancelled and a Rental Agreement with the interested party is concluded at a later date and if Utilise Assets 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 Utilise Assets. 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.

18. Restricted Rental Items
18.1 It is forbidden to place items in the Service and offer them for sale or rental
a) if the sale or rental is illegal; or
b) if selling, renting, offering for sale or rental or 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; or
c) if they contain symbols of unconstitutional organisations according to the law of any EU member state; or
d) if they are pornographic or otherwise harmful to young persons; or
e) if they are weapons; or
f) if they endanger health; or
g) if they are immoral.
18.2 The rental and sale of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Hire Company shall be responsible for adhering to these regulations. Where an official licence is required by law then only licensed Hire Companies have the right to list relevant animals on Utilise Assets.
18.3 Utilise Assets 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.

19. Copyrighted Items
19.1 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 Hire Company has legally acquired the original or copy.
19.2 The Hire Company 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.
20. Prohibited Details
20.1 The item description given by the Hire Company, including any uploaded images, may not contain advertising for products other than the items offered.
20.2 It is not permitted to create links to third party Internet offers or to other Internet offers of the Hire Company.

21. Third party rights
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.
22. Intellectual Property
Nothing in this agreement shall give a User the right to use the trade marks, copyright or other intellectual property of Utilise Assets.

If you have any questions with regard to the General Terms and Conditions please refer them to help@utiliseit.co.uk.