Welcome to the User Agreement for Rentrino.co.uk and Rentrino.com ("User Agreement"). The services available at http://www.rentrino.co.uk are provided by Rentrino limted ("Rentrino", "we", "us" or "our"), located in London.
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.rentrino.co.uk (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as an Rentrino user.
By agreeing to this User Agreement, you also agree that your use of other Rentrino web sites will be governed by the user agreement posted on those other web sites.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with our notification process or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below.
This User Agreement is effective on 19th Feb 2007.
Membership
Eligibility.
Our services are not available to, and may not be used by, persons under the age
of 18 years or to temporarily or indefinitely suspended
Rentrino members. If you are under 18
years old, you can use this service only in conjunction with and under the
supervision of a parent or guardian. If you do not qualify, please do not use
our services. If you are registering as a business entity, you represent that
you have the authority to bind that entity to this User Agreement.
User ID.
You must choose a User ID and password on completion of registration. You
are responsible for all actions taken under that User ID and password and
shall only use or utilise the Site using your own User ID and password. You
must use every effort to keep your password safe and should not disclose it
to any other person. You shall not transfer or sell your User ID to any
other person. You shall also not permit, either directly or indirectly, any
other person to utilise your User ID or password.
Rentrino is Only a Venue.
Site acts as a venue which allows registered users to rent which is legal, at any time, from anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that renters and owners of the asset actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
.
3.1 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Rentrino cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with potential trading partners using the tools available on the Site. You may also wish to consider using a third party escrow service that provides additional user verification
3.2 Feedback. You must not take any actions that may undermine the
integrity of the feedback system. We may limit the number of bids and listings
you may place on the Site and your other activities on the Site based upon the
level of your feedback. Feedback ratings are not designed for any purpose other
than for facilitating trading between Rentrino users, and you agree that you
shall not market or export your Rentrino feedback rating in any venue other than
an Rentrino website. We do not allow you to import feedback from other websites
to Rentrino because such feedback does not reflect your reputation within the
Rentrino community.
3.3 Liability. In the event that you have any right, claim or action
against any other user arising from that user's use of the Site, you agree to
pursue such right, claim or action independently of and without recourse to us,
and you release Rentrino (and our parent, subsidiaries, affiliates, officers,
directors, agents and employees) from all claims, liability, damages, losses,
costs and expenses, including legal fees, known and unknown, arising from or in
any way connected with such right, claim or action.
3.4 Information Control. We do not control the information provided by
other users which is made available through the Site. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution, common sense, and practice safe trading when using the Site. Please
note that there are also risks of dealing with underage persons or people acting
under false pretences. By using this Site, you agree to accept such risks and
agree that Rentrino is not responsible for the acts or omissions of users on the
Site.
Renting:
As a Renter (user of an asset), you have a legal obligation to complete a
transaction with the owner of the asset after you have confirmed.
By clicking 'Agree Terms and Conditons' followed by 'confirm' on an item you agree to be bound by the conditions of the rent included in the item's description provided that those conditions of rent are not in breach of this User Agreement or otherwise unlawful. This obligation to complete the transaction is only retractable in exceptional circumstances, such as when the owner materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the owner's identity
Listing and
Renting
5.1 Listing Descriptions. If you are the owner of the asset, you must
ensure that you are legally able to rent each item included in a listing on the
Site, and that it is lawful to rent such item to UK residents or (if the renter
of the asset is resident overseas) that it is lawful to rent or export such item
to a person resident in the renter's jurisdiction. You must describe your item
and all terms for rent on the listing page of the Site. Your listings may only
include text descriptions, graphics, pictures and other content relevant to the
rent of that item and you are responsible for ensuring that you have the right
to use all content in your listings and we have the right to host it on our
servers. All items must be listed in an appropriate category.
5.2 No Cancellation.
You acknowledge that we will commence supplying our services to you as soon as
you have sent a "upload" form to us, and you recognize that you will not have
the right to cancel any listing under the Consumer Protection (Distance Selling)
Regulations 2000 or any equivalent legislation in your jurisdiction.
5.3 Fraud Without limiting any other remedies, we may suspend or
terminate your account if we suspect that you have engaged or are about to
engage in, or have been in any way involved in or linked to, fraudulent activity
in connection with the Site.
5.4
Manipulation. You must not manipulate
the dates of any item or interfere with other user's listing(s). Without
limitation, you must not: (a) in a listing where you are the owner of the asset,
or procure or encourage any person to do so on your behalf; (b) contact
potential renters of the asset in a listing where items are listed for rent in
order to offer similar items to the potential renter in that listing; or (c)
rent or make any payment using a false User ID.
6.0 Fees.
Joining Rentrino and bidding on items is free, although you will remain
responsible for the costs of accessing our Site and communicating with our
users. We charge fees for listing items for rent through our Site and when you
list an item you have an opportunity to review and accept the fees that you will
be charged. Our fees are described in our Fees section of the site which forms
part of this User Agreement. We may change this policy at any time, and any
change will be effective after the expiry of 14 days following the date of
posting on the announcements board on the Site (or such later date as we may
notify). However, we may choose to temporarily change our Fees Policy and the
fees for our services for promotional events (for example, free listing days)
and such changes are effective when we announce the temporary promotional event
on the Site. For the avoidance of doubt, such promotional events shall not apply
to any listings on our Site at the time of the announcement. We may in our sole
discretion change some or all of our services at any time. In the event we
introduce a new service, the fees for that service are effective at the launch
of the service.
Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you
are a business or not, value added tax and other taxes may apply to your
transaction. Sellers will be responsible for paying all fees associated with
using our service and our Site and all applicable taxes. You agree that we may
issue you with invoices in electronic format by email.
Your Information.
7.1 Definition "Your Information" is defined as any information you
provide to us or other users in relation to the rentrino service including
the registration, renting, listing or feedback process (including, without
limitation, any description of items listed), your postings on the message
boards and any other content that you post within the Site. You are solely
responsible for Your Information, and we act as a mere conduit for your
online distribution and publication of Your Information.
7.2 Restrictions Your Information and your activities on our Site
must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the rent of counterfeit or stolen items;
be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
be obscene, indecent or contain child pornography;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are identical to other items you have up for rent but are priced lower than your item's current amount; (cc) are concurrently listed for rent on a website other than rentrinos (this does not prevent linking to or advertising an Rentrino item from another website); or (dd) you do not have a right to link to or include;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
You must not list any item on the Site (or complete any transaction initiated
using the Site) that, by paying to us the listing fee could cause us to violate
any applicable law or post a prohibited or questionable item.
7.3 Licence To Rentrino to use Your Information, you grant us a
non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) licence to exercise the copyright, trade mark,
publicity, and database rights you have in Your Information, in any media now
known or not currently known. You also waive all moral rights you have in Your
Information to the fullest extent permitted by law.
7.4 Access and Interference. The Site contains robot exclusion headers.
Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to Rentrino by our users or third parties. You agree
that you will not use any robot, spider, scraper or other automated means to
access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (i) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except for Your Information) from the Site without the prior
expressed written permission of Rentrino and the appropriate third party, as
applicable; (iii) interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site; or (iv)
bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the Site. We do not authorise you to extract or re-utilise
substantial parts of our Site, or to make systematic and repeated extractions or
re-utilisations of insubstantial parts of our Site.
7.5 Your Use of Other Users' Information. In order to facilitate
interaction among all Rentrino community members, our service allows you limited
access to other users' contact information. As the owner of the asset you have
access to the User ID, email address and other contact information of the renter
of your asset(s), and as a renter you have access to the User ID, email address
and other contact information of the seller.
By accepting this User Agreement, you agree that, with respect to other users'
personally identifiable information that you obtain through the Site or through
an Rentrino-related communication or Rentrino-facilitated transaction, you may
only use such information for: (a) Rentrino-related communications that
are not unsolicited commercial messages and relate to your genuine participation
in an Rentrino-facilitated transaction, (b) using services offered
through Rentrino, and (c) any other purpose that such user expressly
agrees to after adequate disclosure of the purpose(s). In addition, you shall
only use such information in accordance with applicable laws and regulations,
including without limitation data protection and privacy laws. In all cases, you
must give users an opportunity to remove themselves from your database and a
chance to review what information you have collected about them. In addition,
under no circumstances, except as defined in this Section, can you disclose
personally identifiable information about another user to any third party
without our consent and the consent of such other user after adequate
disclosure. Note that law enforcement personnel and other rights holders are
given different rights with respect to information they access.
Rentrino and our users do not tolerate spam or unsolicited commercial
communications. Therefore, without limiting the foregoing, you shall not add an
Rentrino employee or a user of the site, even a user who has rented an asset
from you to your mail list (email or physical mail) without their express
written consent after adequate disclosure. To report spam from other Rentrino
users, please send the contact an email.
7.6 Use of Email Tools. You may not use the Email to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
Breach.
Without limiting our other remedies, we may limit your activity on the Site,
immediately issue a warning, uspend or terminate your user registration or
any of your item listings and refuse to provide our services to you without
notice to you: (a) if you breach this User Agreement or the documents
incorporated by reference; (b) if, despite our reasonable endeavours, we are
unable to verify or authenticate any information you provide to us; or (c)
if we believe that your actions may cause us financial loss or legal
liability.
Transfer of Data
We view protection of users' privacy as a very important community
principle. Please note that Your Information will be stored and processed on
our computers in the United Kingdom. If you object to your Information being
transferred or used in this way please do not register.
No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors,
agents and employees) do not guarantee continuous, uninterrupted or
secure access to our services, and operation of the Site may be interfered
with by numerous factors outside of our control. Our website and our
services are provided "as is" and as and when available, and to the extent
permissible by law we exclude all implied warranties, conditions or other
terms, whether implied by statute or otherwise, including without limitation
any terms as to skill and care or timeliness of performance. Some
jurisdictions do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you.
Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for
fraudulent misrepresentation, or for death or personal injury resulting from
our negligence or the negligence of our, agents or employees. Subject to the
foregoing, we (including our parent, subsidiaries, affiliates,
officers, directors, agents and employees) will not be liable for any
economic losses (including, without limitation, loss of revenues, profits,
contracts, business or anticipated savings), any loss of goodwill or
reputation, or any special, indirect or consequential damages (however
arising, including negligence) arising out of or in connection with this
User Agreement. Some jurisdictions do not allow the exclusion of
incidental or consequential damages, so the above exclusion may not apply to
you.
We (including our parent, subsidiaries, affiliates, officers, directors,
agents and employees) also have no liability of any sort (including
liability for negligence) for the acts or omissions of other providers of
telecommunications services or for faults in or failures of their networks
and equipment.
Our liability to you or any third party, and the liability of our parent,
subsidiaries, affiliates, officers, directors, agents and employees, in any
circumstance is limited to the greater of (a) the total fees you have paid
to us in relation to the listing or other service offered giving rise to
liability, and (b) £10.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable legal fees, made by
any third party due to or arising out of your breach of this User Agreement
(including the documents incorporated by reference), or your violation of
any law or the rights of a third party.
Notices.
Unless otherwise explicitly stated, notices to Rentrino must be sent by
registered mail to Rentrino Limited , and notices to you will be sent to the
email address that you provide to Rentrino during the registration process
(receipt is deemed 24 hours after an email is sent, unless we receive notice
that the email address is invalid), or by registered mail.
Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with
English law and subject to the exclusive jurisdiction of the English courts.
Please note, that your country (and/or that of any user you deal with) may
have laws which apply to your transactions with other users regardless of
what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws
governing what can be legally offered, sold, exported, bought or imported.
There may be additional legal requirements, relating to (for example) the
requirement to hold a licence to rent out or rent certain items, or to
register a transfer in a central registry. You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on, listing,
purchase and solicitation of offers to purchase and sale of items. There is
no practical way for us to continually monitor the laws of every country, or
each user transaction. Please do not assume that you are allowed to do what
other users do, or that we are approving or validating any transaction, even
if you have successfully made similar rentals in the past.
Dispute Resolution.
Disputes between you and Rentrino regarding our services may be reported to
Rentrino's customer support. We encourage you to report all disputes between
users to your local law enforcement body.
Third Party Rights.
A person who is not a party to this User Agreement has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
User Agreement but this does not affect any right or remedy of a third party
specified in this User Agreement or which exists or is available apart from
that Act.
General.
If any provision of this User Agreement is held to be invalid or unenforceable,
such provision shall be struck out and the remaining provisions shall be
enforceable. You agree that this User Agreement and all incorporated agreements
may be automatically assigned by Rentrino, in our sole discretion, to a third
party in the event of a merger or acquisition or any other event. You and
Rentrino are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this User Agreement. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This User Agreement
sets forth the entire understanding and agreement between us with respect to its
subject matter. No oral explanation or oral information given by any party shall
alter the interpretation of this User Agreement.
This Agreement will prevail over any conditions of rent imposed by an owner of
an asset and our Privacy policy, are incorporated in this User Agreement by
reference. Each of the policies may be amended from time to time and material
changes will be posted on the Announcement Board except for the Privacy Policy
for which we will provide you with thirty days notice.
Sections 6 (Fees), 7 (Your Information), 11 (Limitation of Liability), 12
(Indemnity), 14 (Governing Law), 15 (Dispute Resolution) and 16 (Third Party
Rights) shall survive any termination of this User Agreement.