pa-rent Terms of Use – Beta Trial
1) What is pa-rent?
1.1 pa-rent’s mission is to reduce consumption and provide users access to a library of equipment for family life by connecting families/businesses that wish to rent out their items with families that wish to borrow those items; pa-rent facilitates this by operating an online platform that allows:
(a) users of the platform to advertise items to rent out and users to borrow the items offered for rent (such users that rent being "Lenders" and such users that borrow being "Borrowers");
(b) Lenders and Borrowers to communicate with, and enter into agreements with, each other to lend or borrow such items;
(c) Borrowers to pay Lenders for renting the relevant items; and
(d) users to resolve disputes concerning the rented items;
we make this platform available via the pa-rent website www.pa-rent.co.uk (the “pa-rent Service”).
1.2 The pa-rent Service is provided by pa-rent (Scotland) Limited, a company registered in Scotland with company number SC707274 and with its registered office at c/o Addleshaw Goddard LLP, Exchange Tower, 19 Canning Street, Edinburgh EH3 8EH ("pa-rent", "we", "our", or "us").
2) Your relationship with us
2.1 This document and any documents referred to within it (collectively, the "Terms of Use") set out the terms of your relationship with us. It is important that you read and understand these Terms of Use before using the pa-rent Service.
2.2 Additional terms will apply to you depending on whether you are a Lender or Borrower. Please refer to paragraph 8 if you are a Lender and paragraph 9 if you are a Borrower.
2.3 By accessing and using the pa-rent Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not access or use the pa-rent Service.
3) Defined Terms
“Account” the personal account linked to an individual user of the pa-rent Service;
“Lender Fee” 20% of the Rental Fee;
“Listing” an advertisement placed by a Lender on our Website detailing an item available for a Borrower to rent;
“Private Messenger” the chat service offered via the pa-rent Website that facilitates discussion between two users that cannot be viewed by the other users of the platform;
“Rental Fee” the total cost to the Borrower to borrow the item for the Rental Period
“Rental Period” the consecutive period of time for which the Lender has agreed to rent out, and the Borrower has agreed to borrow, the item.
“Verified Users” users who have verified themselves via Passbase and have received a ‘verified’ badge on their profile picture or icon.
“Website” www.pa-rent.co.uk
4) The pa-rent Service and Liability
4.1 pa-rent provides a platform that enables users to borrow and lend items. It does not rent out or lend items itself. We do not monitor the items made available for rent by Lenders via the pa-rent Service and we do not warrant or give any assurances whatsoever as to their quality and safety.
4.2 The Lender (and not pa-rent) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose, are reasonably clean and sanitised and safe to use.
4.3 If you are a Borrower, we will not be responsible to you for any loss, damage or liability that you may incur as a result of borrowing items via the pa-rent Service.
4.4 If you are a Lender, we will not be responsible to you for any loss, damage or liability you may incur as a result of renting out your items via the pa-rent Service.
4.5 We may, from time to time, provide social features on the pa-rent Service which enable you to message and share information about your use of the pa-rent Service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.
5) Your right to use the pa-rent Service
5.1 The materials and content comprising the pa-rent Service belongs to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the pa-rent Service in accordance with these Terms of Use and you should note that we can take your right to use the pa-rent Service away at any time.
5.2 Your right to use the pa-rent Service is personal to you and you are not allowed to give this right to any other person. Your right to use the pa-rent Service is not exclusive and does not stop us from giving other people the right to use the pa-rent Service.
5.3 Unless allowed by these Terms of Use, you agree:
(a) not to copy, or attempt to copy the pa-rent Website or any other portion of the pa-rent Service;
(b)not to give or sell or otherwise make available the pa-rent Website or any other element of the pa-rent Service to anybody else;
(c) not to change, or attempt to change, the pa-rent Website or any other portion of the pa-rent Service in any way;
(d)not to look for or access the code of the pa-rent Website or any other portion of the pa-rent Service that we have not expressly published publicly for general use.
5.4 You agree that all confidential information, copyright and other intellectual property rights in the pa-rent Website or any other portion of the pa-rent Service belongs to us or the parties who have licenced those rights to us.
5.5 You agree that you have no rights in or to the pa-rent Website or any other portion of the pa-rent Service other than the right to use and access them in accordance with these Terms of Use.
6) Setting up your Account
6.1 To access the pa-rent Service, you must sign up via the sign up link on our Website. You will need to create a password for your Account – we encourage you to set "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your Account.
6.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the pa-rent Service.
6.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at hello@pa-rent.co.uk straight away to let us know.
6.4 Once you have signed up for an account, you will receive a welcome email asking you to verify yourself via our third party verification provider, Passbase. Once you have completed the verification your profile picture or icon will be updated with a verification badge so that other users know you have completed our verification checks. We recommend only transacting with other users who have been through the verification process.
6.5 We may at any time and within our sole discretion suspend, disable, or delete your account without warning and without the need to provide a reason. We will not be liable to you for any loss you may incur as a result of us suspending, disabling or deleting your account.
7) Transacting
7.1 To borrow an item, the Borrower will choose the relevant item Listing and select the Rental Period from the booking calendar. For the avoidance of doubt, daily rental equates to 24 hours. The date selected on the calendar is the collection date, with the item due to be returned at the same time it was collected the following day (unless otherwise agreed with the Lender). The Borrower will then be prompted to make payment. Once the borrower enters payment details and confirms the payment a payment will be preauthorised from the Borrowers card and the Lender will be notified of the booking request. The Lender will have three days to accept or reject the booking request.
7.2 If the Lender rejects the booking request, or fails to take any action within three days of the Borrower confirming payment, the booking request and the payment preauthorisation will be cancelled.
7.3 If the Lender accepts the request, the payment will be taken from the Borrower and will be held by our third party payment platform provider, Stripe.
7.4 Once the Lender accepts the request, the Borrower will be given the option to mark the transaction as complete, or dispute it. The Borrower should not mark the transaction as complete until after they have inspected and taken possession of the item.
7.5 At any time after the Borrower takes possession of the item, the Borrower may mark the transaction as complete and the funds will be released to the Lender. We recommend that a transaction is marked as complete by the Borrower at the end of the Rental Period. This is in case there is any dispute about the item during the course of the Rental Period which needs to be resolved in accordance with our dispute resolution rules at paragraph 17. In the event that a Borrower is dissatisfied with an item, either upon collection or during the Rental Period, they may raise a dispute within 7 days of the end of the Rental Period, which will be referred to us for determination. If a Borrower takes no action at all, either to mark the transaction as complete or to raise a dispute, the payment will be released to the lender 8 days after the end of the Rental Period.
7.6 Please note that a payment can only be held by Stripe for a maximum of 85 days and will automatically be released to the Lender after that time. If the Rental Period ends more than 85 days after the Borrower authorises the payment, then the funds will be released to the Lender even if the Rental Period has not yet ended.
8) Lender Specific Terms
8.1 This paragraph 8 applies to you if you are a Lender.
8.2 The pa-rent Service provides Lenders with the ability to advertise items for rent on its Website.
8.3 You must not offer to rent through the pa-rent Service any items that it would be illegal to possess, rent or sell in the United Kingdom. You cannot list power tools. If you list electrical items, they must be less than 5 years old.
8.4 At our sole discretion we may remove any Listings from the pa-rent Service without notice and without the need to provide a reason.
8.5 By listing an item for rent via the pa-rent Service, you warrant that:
(a) you have all necessary rights to rent out the item you advertise on the pa-rent Service, and that the Borrower's use of that item will not infringe any other party's rights;
(b) you will deliver the item to the Borrower in accordance with the agreement you reach with the Borrower;
(c) the description of the item in the Listing and any additional information you provide to the Borrower is accurate and includes all information relevant to the use of the item, including (as appropriate):
(i) notice of any restrictions or other requirements that may apply to the use of the item; and
(ii) any instructions or notices that may reasonably be required to use the item safely;
(d) the item you advertise on the pa-rent Service:
(i) conforms in all material respects to any pictures or descriptions that you upload to the pa-rent Service;
(ii) is safe to use in accordance with any reasonable instructions that you provide to the Borrower;
(iii) is fit for any purpose for which such an item would normally be used, or any purpose communicated to you by the Borrower;
(iv) is in the same condition as it was in when it was received from the manufacturer save for any aesthetic wear and tear;
(v) is reasonably clean and has been sanitised; and
(vi) can be legally offered for rent.
8.6 Lenders are responsible for complying with any obligations they may have under applicable law with respect to the items that they provide for rent, including giving effect to Borrower’s rights under applicable consumer law. Lenders may also be liable for compensating the Borrower for any loss, damage or liability that the Borrower, or any other person, may suffer as a result of renting the Lender’s items.
8.7 The Lender should ensure that any items offered for rent carry the appropriate UK safety marks relevant to that particular item (such as the CE, UKCA, UK(NI) marks).
8.8 Lenders must ensure that collection/delivery of the item takes place in the United Kingdom.
8.9 Lenders are free to agree any other terms on which they rent an item to a Borrower, including the Rental Fee. Such additional terms should be displayed either on the Listing or agreed via the Private Messenger.
8.10 When you list items for rent on the pa-rent Service, you must ensure that the Rental Fee you advertise on your Listing is the total price payable for renting your items, including any applicable taxes or costs of delivery.
8.11 Once you agree the terms on which you will rent an item to a Borrower, you cannot amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the Borrower agrees to those amended terms.
8.12 In the event of a conflict between these Terms of Use and any additional terms you agree with the Borrower, these Terms of Use prevail.
8.13 You can cancel your agreement to lend an item to a Borrower at any time up to 72 hours before the start of the Rental Period or with the agreement of the Borrower. In the event that the Borrower has already released payment to you, you agree to refund the total amount that the Borrower has paid.
8.14 If you cancel an agreement to rent an item to a Borrower less than 72 hours before the start of the Rental Period, we may charge you a cancellation fee equal to 30% of the relevant Rental Fee. In the event that the Borrower has already released payment to you, you agree to refund the total amount that the Borrower has paid together with any additional transaction costs they have incurred (including our fees and the Stripe processing fees).
8.15 In the event that you need to cancel an agreement less than 72 hours before the start of the Rental Period as a result of government regulations or guidelines (including, but not limited to, regulations and guidelines related to Coronavirus) you will not be liable for the cancellation fee referred to at clause 8.14 above.
8.16 You may remove a Listing from the pa-rent Service at any time. Removing a Listing will not cancel any existing agreements you may have with Borrowers to rent the item. If you wish to cancel existing agreements, you must advise the borrower in writing via the Private Messenger service. You will be required to refund any amounts paid by the Borrower and you may also be subject to a cancellation charge per clause 8.14 of these Terms of Use.
9) Borrower Specific Terms
9.1 This paragraph 9 applies to you if you are a Borrower.
9.2 When you agree to rent an item from a Lender, the Lender grants you a limited right to use that item for an agreed period of time (the “Rental Period”). This right is personal to you and you are not allowed to give this right to any other person.
9.3 You are responsible for ensuring that:
(e) you are legally allowed to use any item that you borrow through the pa-rent Service;
(f) you comply with all applicable laws when using the item;
(g) you comply with any reasonable directions provided by the Lender in order to use the item safely;
(h) you use the item solely for its intended purpose;
(i) you keep the item within the United Kingdom unless otherwise agreed with the Lender;
(j) you take reasonable care of the item and keep it within your possession; and
(k) you return the item in the same condition as it was in when you received it from the Lender, subject to any reasonable wear and tear (see clause 12.6 below).
9.4 You are free to agree with the Lender how you will return any items you have rented; however, you must ensure that you return any items you have rented to the Lender on or before the end of the agreed Rental Period, unless otherwise permitted by the Lender.
9.5 Before taking the items into your possession and marking the transaction as complete, you are responsible for carrying out a reasonable inspection of the items to satisfy yourself that the items conform to the description provided, are fit for purpose, are reasonably clean and are safe to use. By taking the items into your possession, you agree that you have carried out such a reasonable inspection and are satisfied as to the above.
9.6 You should only mark the agreement as complete (thereby releasing the Rental Fee to the Lender) once you have taken possession of the items. We recommend marking the agreement as complete at the end of the Rental Period in case any dispute should arise during the Rental Period. However if the end of the Rental Period is more than 85 days from the date on which you authorised your payment, the Rental Fee will be automatically released to the Lender (less the Lender Fee which will be retained by us). If you have marked the agreement as complete, or the payment has been automatically released, we cannot guarantee that you will be refunded in the event that you legitimately cancel the agreement or raise a dispute which is determined in your favour.
9.7 From the time you take possession of the item until you return it to the Lender, you will be responsible for any loss of or damage to the item you have rented, subject to reasonable wear and tear (see paragraph 12.6). You will also be responsible for any damage you cause to other people or property when you use those items. Please see paragraph 17 for more information about how we handle disputes between Borrowers and Lenders, including if the item is damaged, lost or stolen.
9.8 You can cancel a request to borrow an item at any time before the request is accepted by the Lender by messaging the Lender on the Private Messenger and asking them to reject the request. If the Lender accepts the request to borrow the item after you have asked them to cancel it, you may raise a dispute and we will arrange a refund.
9.9 You may cancel a booking at any time up to 48 hours after the request is submitted, known as the 'cooling off period'. There is no cooling off period if the request is within 48 hours of the start of the Rental Period, unless permitted by the Lender. We can only guarantee you a full refund in these circumstances provided you have not marked the transaction as completed.
9.10 You may only cancel a booking after the 48 hour cooling off period if you are required to do so as a result of government guidelines or regulations (including, but not limited to, guidelines and regulations related to coronavirus) .
9.10 If you fail to return an item by the deadline you have agreed with the Lender for returning it, you must contact the Lender to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately unless otherwise agreed with the Lender. The Lender may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the Lender within a timeframe that suits the Lender. If you do not do so you will be liable to pay late fees, which will be 50% of the retail value per day ("Late Fees"). The retail value will be determined by us at our sole discretion by reference to the cost to purchase the item new online.
12.9 If you fail to return the item after the Rental Period and after the Lender has contacted you to request the return of the item, you agree that we may pass your personal information, including your address, to the Lender for the purpose of pursuing legal proceedings against you.
12.10 If you damage the item, and if the Lender has requested compensation for that damage and the matter has been referred to us in accordance with clause 17 and we have determined the amount that you are due, and you have failed to make payment of that amount to the Lender, then we may pass your personal information to the Lender for the purpose of allowing the Lender to pursue legal action against you.
10) Indemnities
10.1 Lenders shall indemnify and hold harmless pa-rent, its officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses and expenses including court costs and reasonable legal fees, arising out of, or resulting from, the Lender renting out items via the pa-rent Service.
10.2 Borrowers shall indemnify and hold harmless pa-rent, its officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses and expenses including court costs and reasonable legal fees, arising out of, or resulting from, the Borrower renting items via the pa-rent Service.
11) Fees and payment
11.1 At the point of confirming a booking request, the Borrower will be prompted to enter their payment details and the full Rental Fee will be preauthorised on the Borrower’s payment card once the Borrower has confirmed these details.
11.2 The Lender will then receive a notification and will have three days to either accept or reject the booking request. If the booking request is rejected, or the Lender takes no action within the three day period, the preauthorisation will be cancelled. If the booking request is accepted, the Rental Fee will be deducted from the Borrower’s card and will be held in escrow by Stripe.
11.3 The Borrower will then receive a notification prompting them to either mark the transaction as complete or dispute it. If the Borrower takes no action within 7 days the Rental Fee will be released to the Lender (less the 20% Lender Fee).
11.4 When the Borrower marks the transaction as complete, the Rental Fee will be released to the Lender less the 20% Lender Fee. We recommend that the order is marked as complete at the end of the Rental Period.
11.5 If the Borrower wishes to raise a dispute, the dispute will be sent to us to determine in accordance with clause 17. We shall determine whether the Rental Fee should be returned to the Borrower, or if the Rental Fee less the Lender Fee should be sent to the Lender.
12) Collection and Return of Items
12.1 Borrowers and Lenders must agree how and when the item will be collected by or delivered to the Borrower via the Private Messenger. The parties must also agree how and when the item will be returned to or collected by the Lender.
12.2 It is the Lender’s responsibility to ensure that items collected by or delivered to the Borrow are reasonably clean, sanitized, free of defects, safe to use and and in fully working order.
12.3 The Lender agrees to allow the Borrower to make a reasonable inspection of the item before accepting it and to take photographs of the item.
12.4 If the Lender has failed to comply with clause 12.2 above, then the Borrower has the right to refuse the item and to seek a full refund by raising a dispute. Any dispute relating to whether the Lender has complied with clause 12.2 should be resolved in accordance with pa-rent’s dispute resolution policy set out in clause 17.
12.5 At the end of the Rental Period, it is the Borrower’s responsibility to return the item to the Lender in the same condition as it was in at the beginning of the Rental Period, subject to reasonable wear and tear.
12.6 What amounts to reasonable wear and tear will vary on a case-by-case basis depending on the type of item and the length of the Rental Period. However, reasonable wear and tear must not make the item unsafe or unfit for purpose. Examples of reasonable wear and tear includes surface marks such as scuffs, scratches and chips, as well as light fabric stains or catches. Examples of what is not reasonable wear and tear are deep marks including scuffs, scratches, chips, cracks, dents and paint removal. Significant fabric damage including stains, catches, holes and tears are not considered reasonable wear and tear. In the event that pa-rent is asked to resolve a dispute in accordance with clause 17, the parties agree that it is within pa-rent’s sole discretion as to what amounts to reasonable wear and tear.
13) Issues arising during the Rental Period
13.1 If it becomes apparent to the Borrower during the Rental Period that there is a pre-existing issue with the item that makes it unsafe or unfit for purpose and, if that issue could not have been identified by the Borrower’s reasonable inspection of the item at the point of collection/delivery (“Latent Defect”), then the Borrower has a right to reject the item by notifying the lender of the Latent Defect and returning it to them. The Borrower will be entitled to a pro-rated refund for the period of time which runs from the date the item is returned to the Lender to the end of the Rental Period. If the Rental Period was for one day only, the Borrower is entitled to a full refund.
14) Your content
14.1 You confirm that any images, text or information that you upload to the pa-rent Service, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use set out in clause 15.
14.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the pa-rent Service (including allowing other users of the pa-rent Service to view and use your User Content).
14.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
14.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
14.5 We have the right to monitor any User Content and to reject, refuse or delete any user or User Content where we think that it breaks any of the Rules of Acceptable Use. We also reserve the right to reject, refuse, or delete User Content at our sole discretion, without giving notice or providing a reason.
15) Rules of Acceptable Use
15.1 In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the pa-rent Service (the "Rules of Acceptable Use").
15.2 When using the pa-rent Service you must not:
(a) Circumvent, disable or otherwise interfere with any security related features of the pa-rent Service;
(b)give any false or misleading information, impersonate any person or permit any other person to use the pa-rent Service under your name or on your behalf;
(c) use the pa-rent Service if we have suspended or banned you from using it;
(d)advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
(e) promote or advertise any goods or services, other than items you, as a Lender, make available for rent through the pa-rent Service;
(f) send any unsolicited marketing communications through the pa-rent Service;
(g) modify, interfere, intercept, disrupt or hack the pa-rent Service;
(h)misuse the pa-rent Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the pa-rent Service or any user of the pa-rent Service's own equipment;
(i) collect any data from the pa-rent Service other than in accordance with these Terms of Use;
(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(l) use any User Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about Lenders or items, submit or contribute any information or commentary about another person without that person's permission;
(n)threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and pa-rent employees);
(o) use any automated system including, but not limited to, "robots"; "spiders" or "offline readers" to access the pa-rent Service in a manner that sends more request messages to the pa-rent Service than a human can reasonably produce in the same period of time;
(p)enter into any agreement with any other user who you initially met through the pa-rent Service to rent out or borrow any item listed on the pa-rent Service other than through the pa-rent platform. Doing so is "Fee Avoidance" and you will be liable for double the fees avoided, or a £200 fine (whichever is more) for each instance of doing so.
15.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in pa-rent taking any or all of the following actions (with or without notice):
(a) withdrawing your right to use the pa-rent platform or any other portion of the pa-rent Service on a temporary or permanent basis;
(b)removing any of your User Content on a temporary or permanent basis;
(c) issuing a warning to you;
(d)taking legal action against you including raising proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) and losses, damage or otherwise resulting from the breach;
(e) disclosing such information to law enforcement authorities as we reasonably believe is necessary.
15.4 The responses described in paragraph 15.3 are not limited, and we may take any other action we reasonably deem appropriate.
16) Notice and takedown policy
16.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the pa-rent Service infringes their rights. The Infringement Notice should be sent by email to hello@pa-rent.co.uk. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b)a statement explaining in sufficient detail why you consider that the content available through the pa-rent Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
16.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
17) Resolving disputes between Lenders and Borrowers
17.1 We encourage users who are in dispute with any other users of the pa-rent Service to try to resolve the dispute directly with the other party. If, as a Borrower, you have lost or damaged an item, you are responsible for reimbursing the Lender immediately for the full value of repairing the item (if possible) or replacing it.
17.2 If a Borrower and a Lender are unable to resolve a dispute between them directly, the parties agree that the dispute should be referred to pa-rent for determination and that both parties shall be bound by pa-rent’s decision. This clause 17.2 does not apply if the dispute relates to a claim for personal injury, death or consequential loss.
17.3 Either party can refer the matter to pa-rent by emailing hello@pa-rent.co.uk. pa-rent will then contact both parties asking them each to outline their version of events and provide supporting evidence.
17.4 If a dispute is referred to us for determination, we may charge a fee of up to 30% of any amounts that we determine are payable by any party to the other or, if we determine no payment is to be made, we may charge a fee the amount of which is to be determined by us, up to a maximum of 30% of the original Rental Fee (“Dispute Resolution Fee”).
17.5 Liability for the Dispute Resolution Fee shall be split equally between the parties to the dispute.
17.6 If you are a Lender, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a Borrower. Where you claim that a Borrower has damaged an item, we may also ask you to provide photos of your item taken before it was provided to the Borrower, to support your claim that any damage was caused by the Borrower (and was not present at the start of the Rental Period).
17.7 In the event that the Borrower breaks an item and a dispute is escalated to us to resolve, it is within our sole discretion to determine the amount due to the Lender by the Borrower. However, in determining that amount, we will consider the following:
- whether the item is capable of repair and the cost of repairing the item;
- whether a similar item can be sourced locally on a secondhand marketplace and what the cost of that item would be
17.8 If you are a Borrower making a claim related to Latent Damage, we may ask you to provide photographic evidence of the item at the point of collection/delivery to support your claim that the Latent Damage could not have been identified upon reasonable inspection of the item.
17.89 If you owe pa-rent or another user money in accordance with these Terms of Use, then you agree to pay the sum promptly and within 48 hours from it being requested.
18) Lender protection
18.1 If a Lender is unable to recover the cost of repairing or replacing an item from the Borrower, we may, at our sole discretion and on a case-by-case basis, replace the item with a like for like second-hand item. Alternatively, we may arrange a repair for the item or offer compensation.
18.2 To be eligible for the discretionary protection under this clause, both the Borrower and the Lender must have been Verified Users at the time the transaction was agreed. The Lender must also be able to provide proof of purchase and photographs of the item in the condition that it was in at the start of the Rental Period.
18.3 If you are a Borrower, any replacement, repair or payment we may make to the Lender will not affect your obligation to pay for the items that have been lost, stolen or damaged, but this obligation will be owed to us, rather than the Lender.
19) Ending our relationship
19.1 If at any time you no longer agree to these Terms of Use or any changes made to these Terms of Use or the pa-rent Service, you must immediately stop using the pa-rent Service.
19.2 You must notify us if you wish to close your Account by contacting us by email on hello@pa-rent.co.uk and we will end your use of the pa-rent Service.
19.3 We may immediately end your use of the pa-rent Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the pa-rent Service including these Terms of Use.
19.4 pa-rent reserves the right to close or suspend any user accounts and remove any listings at its sole discretion and without the need to give reasons or notice.
19.5 If you are a Lender and your account is closed or suspended, all future agreed bookings on your account will be cancelled and the Borrower will be notified. If the Borrower has already marked the transaction as complete, you agree to refund the Rental Fee. If your account is closed or suspended during the Rental Period for an item you have rented out, the agreement you have with the Borrower in relation to that item will be unaffected.
19.6 If you are a Borrower and your account is closed or suspended, all future agreed bookings on your account will be cancelled and the Lender will be notified. Any payments made in respect of such bookings will be refunded provided that your account is closed or suspended within the cancellation period and that you have not marked the transaction as complete. If your account is closed or suspended during the Rental Period for an item you have borrowed, the agreement you have with the Lender in relation to that item will be unaffected.
19.7 Pa-RENT also reserves the right to withdraw any part of the pa-rent Service at any time. We will notify you if we feel it will significantly affect your usage of the pa-rent Service.
19.8 If you or we end your use of the pa-rent Service or we withdraw pa-rent Service as described in this section, we may delete your User Content, any other information that you have uploaded to the pa-rent Service or any other information we hold about you. You will also lose any rights you have to use the pa-rent Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the pa-rent Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the pa-rent Service or any such information, content or User Content.
19.9 The termination of your use of the pa-rent Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us or any other party in accordance with these Terms of Use.
19.10 Nothing in this paragraph 19 affects any legal rights you may have under the law of the country in which you are resident.
20) Our liability/responsibility to you
20.1 While we will do our best to ensure that the pa-rent platform itself is of a reasonable standard and quality and matches any descriptions we have provided to you, the pa-rent platform and any other portion of the pa-rent Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
20.2 In addition, due to the nature of the Internet and technology, the pa-rent Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the pa-rent Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the pa-rent Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
20.3 In the event of a claim arising out of the provision of the pa-rent Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
20.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
20.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
20.6 pa-rent is not a tax advisor. Lenders are responsible for declaring and paying any income tax. Should you have any queries relating to tax, we suggest you discuss these with an independent accountant.
21) Privacy
21.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you. By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy.
22) Resolving disputes with us
22.1 If you have a dispute with us relating to the pa-rent Service, in the first instance please contact us at hello@pa-rent.co.uk and attempt to resolve the dispute with us informally.
22.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
23) Changes to the pa-rent Service
23.1 We are constantly updating and improving the pa-rent Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the pa-rent Service.
23.2 In order to do this we may need to update, reset, stop offering and/or supporting a particular part of the pa-rent Service, or feature relating to the pa-rent Service ("changes to the pa-rent Service "). These changes to the pa-rent Service may affect your past activities on the pa-rent Service, features that you use, your User Content and any other information you submit to the pa-rent Service ("Service Elements"). Any changes to the pa-rent Service could involve your Service Elements being deleted or reset.
23.3 You agree that a key characteristic of the pa-rent Service is that changes to the pa-rent Service will take place over time and this is an important basis on which we grant you access to the pa-rent Service. Once we have made changes to any part of the pa-rent Service, your continued use of the pa-rent Service will show that you have accepted any changes to the pa-rent Service. You are always free to stop using the pa-rent Service.
24) pa-rent Platform
24.1 This paragraph 24 applies when using the pa-rent platform:
(a) you acknowledge that these Terms of Use are between you and pa-rent, and not with the provider of the pa-rent Platform ("Sharetribe");
(b)your use of the pa-rent platform must comply with Sharetribe’s then-current Terms of Use (see below); and
(c) Sharetribe is only a provider of the Distribution Platform where you accessed the pa-rent website.
25) The pa-rent beta trial
25.1 You acknowledge that the pa-rent Service is being provided on a trial basis as part of the pa-rent beta trial and as such there may be times that the full service is unavailable. You accept the terms and conditions outlined in these Terms of Use.
26) Changes to the documents
26.1 We may revise these Terms of Use from time to time but the most current version will always be available here, in the Terms of Use section of the pa-rent Website.
26.2 Changes will usually occur because of new features being added to the pa-rent Service, changes in the law or where we need to clarify our position on something.
26.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
27) Documents that apply to our relationship with you
27.1 The current version of these Terms of Use and any documents referred to herein contain the only terms and conditions that apply to our relationship with you.
27.2 These Terms of Use set out our agreement with you for the provision of the pa-rent Service. If part of these Terms of Use cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
27.3 If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have waived any right we have and we may still take action in the future.
28) Law
28.1 Scots law will apply to all disputes related to the pa-rent Service and the interpretation of these Terms of Use. The Scottish Courts shall have exclusive jurisdiction.
29) Contact, feedback and complaints
29.1 If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at hello@pa-rent.co.uk.
29.2 We value hearing from our users and we are always interested in learning about ways we can improve the pa-rent Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you
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pa-rent Business Users Supplemental Terms of Use – Beta Trial
1. Application of these Supplemental Terms of Use.
1.1 These Supplemental Terms of Use apply to Lenders that are operating as a Business and that have agreed with pa-rent that these Supplemental Terms of Use shall apply to their use of the pa-rent Service (“Business Lender”). For these purposes ‘Business’ means a sole trader, partnership, or company.
1.2 Any defined terms used in these Supplemental Terms of Use have the same meaning as in the Terms of Use.
1.3 The pa-rent Terms of Use shall continue to apply in their entirety except where they are specifically amended by these Supplemental Terms of Use.
2. Partial Reimbursement of Lender Fee to Business Lenders.
2.1 On the fifth day of each month, pa-rent will calculate the total amount of Lender Fees received by us on transactions carried out by the Business Lender during the course of the previous month (“Total Monthly Lender Fees”).
2.2 pa-rent agrees to refund to the Business Lender 85% of the Total Monthly Lender Fees. Payment shall be made promptly upon the refund being calculated, and by no later than the tenth day of the month that the calculation in 2.1 above is carried out.
2.3 Upon request by the Business Lender, pa-rent agrees to provide confirmation to the Business Lender of the transactions upon which the refund has been calculated.
2.4 The Business Lender agrees to provide pa-rent with its bank details for the purposes of allowing pa-rent to make the relevant refunds. pa-rent will hold these details in accordance with its privacy policy.
3. Exclusion of certain clauses in the Terms of Use.
3.1 Clause 18 (Lender Protection) shall not apply in the case of Business Lenders.
4. Changes to these Supplemental Terms of Use.
4.1 We may revise these Terms of Use from time to time but the most current version will always be available in the Terms of Use section of the pa-rent Website.
4.2 Changes will usually occur because of new features being added to the pa-rent Service, changes in the law or where we need to clarify our position on something.
4.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we may not give you any notice.
Sharetribe Terms and Conditions
pa-rent is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of pa-rent
Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
Disclaimer
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
Applicable Jurisdiction
The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.