Terms Of Use
Thanks for using Loopeto. So that the Loopeto community grow and enable everyone to benefit, we need users to follow some simple rules and the terms and conditions set out here.
We ask that if you're accessing free goods, try your best to list something again to keep the loop looping.
Loopeto is a peer-to-peer marketplace platform and online service ("Loopeto," "us," "we" and "our" as applicable). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Loopeto's services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
You understand and agree that Loopeto is not a party to any agreements entered into between buyers, sellers, renters and owners. Loopeto has no control over the conduct of buyers, sellers, renters or members and disclaims all liability in this regard.
Terms and Conditions
The following Terms and conditions set out the requirements to use our website, services and application which describes the platform that allows users to upload listings, buy, sell, rent and give away a wide range of articles in their possession, as well, communicate with users interested in carrying out their transactions.
Using the Service is strictly for those who have signed up as a user. By this, we mean those who have accepted the below Terms and conditions. If you are not in agreement with any or all parts of the terms and conditions, the user should not use the Service.
By accepting the terms and conditions the User agrees to:
Read and understand the following terms and conditions.
Accept all the obligations stated herein.
Eligibility
This Service is intended solely for people sixteen (16) years of age or older, and any registration, use or access to the Service by anyone under 16 is strictly prohibited. Loopeto reserves the right to limit or restrict access by any person, in our sole discretion.
Service provider
The service owner and provider is Loopeto Limited.
Loopeto Limited is a registered Company in England and Wales.
Registration requirement
In order to use the Service, we require the all users to have registered as a member, and acceptance of these terms and conditions of use and the privacy policy.
The information provided by the User must be truthful, accurate and up to date. The User is responsible at all times for the security of their password and assumes the risk of any damage or harm as a result of misuse, as well as, the transfer, revelation or loss of the same. You must inform Loopeto immediately if you have reason to believe that your password has been used or is at risk of being used without your consent. In the case of access to restricted areas or use of the service by someone with access to a particular account, we will assume this access was granted to the User in question who will therefore be responsible for the use and actions taken during this time.
By accepting these Terms and conditions of use, the User consents to their data being held in Loopeto's records and their data will be handled by the terms set out in the Privacy Policy.
Rules for use of the service
The User undertakes to use the service in accordance with the law, morality and these Terms and Conditions. He/she also undertakes to make appropriate use of the services and/or content on the website and not use it to perform activities that are unlawful or illegal, infringe any applicable legal rules or infringe the rights of third parties.
The User agrees to undertake the following, although the list is not only limited to the below:
* Not adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
Not spreading, communicating or making available to third parties any kind of information, element or content against the law.
* Not spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.
* Not introducing or spreading any false, ambiguous or inaccurate information and content that misleads the recipients of the information.
* Not impersonating other Users by using usernames and passwords they have used to register for the various services and/or contents on the Website.
* Not spreading, communicating or making available to third parties any kind of information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Website or third parties.
* Not spreading, communicating or making available to third parties any kind of information, element or content that infringes the confidentiality of communications and personal data protection legislation.
* Any substance requiring a medical prescription or that must be prescribed under medical supervision (doctor, dentist, optometrist, optician, pharmacist or veterinarian) is not permitted in Loopeto. As well as any product that affects the health of an individual.
* Not creating reviews of transactions not carried out.
* Using the Loopeto service correctly: Not creating new accounts to benefit from promotions.
* The User may not hold Loopeto liable for any possible claim, fine, punishment or sanction that may become enforced as a result of breaching of the rules previously indicated. Loopeto reserves the right to claim any damages.
Termination
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Exclusion of Liability
Loopeto is not the owner of any of the goods on the platform, whether its free, for sale or rent and sold or rented on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Loopeto does not moderate nor validate the items offered by the User via the service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents.
They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
Including, but not limited to the following, Loopeto is not responsible for damages of any nature derived from:
a) The use of the Service by any of the Users; the status, origin, inaccuracy or falsification of the information supplied to us by the Users nor the items they have for sale via the Service.
b) The content, information, opinions or declarations given by any User or by a third party or entity that is communicated or represented via the Service.
c) The use of any materials by the Users derived from the Service that may be of a prohibited or consensual nature, or infraction of intellectual or industrial property rights, confidential information or information gained from the Service from third parties.
d) Engaging in acts of unfair competition and illegal advertising.
e) A potential loss of data for causes not attributable to the Service.
f) Access to the Service and its contents by underage persons.
g) The non-availability, errors of access or lack of continuity of the Service.
h) The mistakes and incidences that could take place in the communications, erasure or incomplete transmissions.
i) Incorrect details provided by any User.
Any claim resulting from a dispute between the Users of the Service should be solved between one another; holding Loopeto totally exempt from liability. Notwithstanding, Loopeto undertakes their best effort to offer their Users a fast and satisfactory solution wherever possible.
Indemnity
You agree to defend, indemnify and hold harmless Loopeto and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
(i) your use of and access to the Service or Products;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties;
(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the United Kingdom or any other country;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
No Warranty
If you choose to use the service and/or participate in a rental, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Loopeto or through the service will create any warranty not expressly stated herein.
Updates to Terms and Conditions
The Terms and conditions are applicable as of the 1st of January 2022. The User’s agreement to these is a preliminary prerequisite in order to use the Service.
The service provider reserves the right to modify and update the Terms and Conditions. We will provide the date of the Terms and Conditions to allow Users to see changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
RENTAL TERMS AND CONDITIONS
1. INTERPRETATION
1.1 Definitions:
The following definitions apply to these terms and conditions:
Borrower |
means an individual who wishes to borrow an Item from a Lender. |
Borrower Fee |
means a fee, equal to 10% of the Price, which is added to the Price stated in the Listing, and payable by the Borrower when Hiring an Item. |
Hire |
means the private arrangement between a Lender and a Borrower, for the hiring by the Borrower of an Item that belongs to the Lender. |
Item |
means an item that is not a Restricted Item. |
Lender |
means an individual who makes an Item available for Hire. |
Lender Fee |
means a sum equal to 10% of the Price which is deducted from the payment received by a Lender when Hiring an Item. |
List/Listing |
means using the Services to advertise an Item for Hire, on the Website. |
Rental Terms |
means these terms and conditions. |
Restricted Item |
means one of the items listed in Schedule 1. |
Price |
means the price set by a Lender for the Hire of an Item, when Listing an Item. |
Services |
has the meaning given in clause 1.2. |
Service Fees |
means, in the case of a Lender, the Lender Fees, and in the case of a Borrower, the Borrower Fees. |
Terms of Use |
means Loopeto’s Terms of Use available on the Website (here). |
Users |
means Lenders and/or Borrowers who have created an account to use the Services on the Website. |
Website |
means www.loopeto.com |
you |
means you the User, who is using the Services on the Website, as either a Borrower, or a Lender. |
1.2
What
these Rental Terms cover. These are the Rental Terms on which Loopeto Limited
(hereinafter “Loopeto”, “us”, “we” and “our” as
applicable) provides an online platform to Users, hosted on our Website, which
enables them to make Items available to other Users for Hire, or to rent Items
from other Users (hereinafter “Services”).
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.2 How to contact us. You can contact our customer service team by writing to us at info@loopeto.com.
3.1 By proceeding to use the Services, you agree to be bound by these Rental Terms, and any updated versions of these Rental Terms which come into effect from time to time, in accordance with clause 3.6.
3.2 The Services allow Lenders to advertise Items they own to individuals who may seek to Hire them, and to provide a means of listing the Items on the Website, and allowing Borrowers to Hire the Items.
3.3 The Website provides a platform for Borrower to browse the Items, contact the Lender, and for these Users to organise the Hire of the Item, the delivery or collection of the Item, and the payment of the Lender’s fee.
3.4 The Hiring of an Item is a private agreement between the Lender and a Borrower, and we are not party to any such agreements.
3.5 By using the Services, you accept and agree that we are not responsible for the acts or omissions of any Users, and that we cannot guarantee that any information posted on to the Website by Users is true or accurate.
3.6 You agree and accept that we will regularly make updates and improvements to the Website and the Services, and we may revise these Rental Terms from time to time. The current and up to date terms will always be available on the Website.
4.1 When creating an account to use the Website, you must provide accurate and up to date contact details.
4.2 If you are a Lender, you agree that:
(a) you will not List a Restricted Item;
(b) you will only List Items that are in good working order, correctly maintained, and free from defects;
(c) you will comply with all instructions given by us, or stated on the Website, when Listing an Item;
(d) all information and photographs that you List on the Website are complete, true and accurate, to the best of your knowledge;
(e) you will retain all receipts, or proof of purchase, and note any serial numbers, in respect of any Item that you List;
(f) you are responsible for the decision to agree to the Hiring of an Item by a Borrower;
(g) you will pay all applicable Lender Fees;
(h) each Item that you List is, to the best of your knowledge, in good working order and poses no danger to any other User; and
(j) you will obtain proof of identification from the borrower prior to items being collected.
4.3 If you are a Borrower, you agree to:
(a) comply with all instructions given by a Lender, whether verbally or in writing, in respect of the use of an Item;
(b) use, handle and store any Item you Hire with appropriate care;
(c) take full responsibility for your decision to Hire a specific Item, and to apply your own judgement as to the suitability of the Item in question to meet your requirements;
(d) promptly collect and return the Item at the times agreed with the Lender;
(e) pay all applicable Borrower Fees;
(f) promptly make any payments in the appropriate sums, and within the specific timescales, as agreed with the Lender; and
(h) provide proof of identification to the lender prior to collection.
(i) accept liability for the full value of the goods, in the event that goods you have hired are not returned to the lender.
4.4 You must not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.5 When Listing an Item, communicating with other Users, or uploading content to the Website in any other way, the content must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) bully, insult, intimidate or humiliate;
(d) include explicit material;
(e) promote or threaten violence;
(f) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) infringe any copyright, database right or trade mark of any other person;
(h) be likely to deceive any person;
(i) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j) promote any illegal content or activity;
(k) be in contempt of court;
(l) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(m) be likely to harass, upset, embarrass, alarm or annoy any other person;
(n) impersonate any person or misrepresent your identity or affiliation with any person; or
(o) contain any advertising or promotion of any competitor services or web links to any other websites.
5. ENDING THE SERVICES
5.1 If you are found to have breached any of the provisions of clause 4, we reserve the right to:
(a) suspend your use of the Services with immediate effect;
(b) remove any Listing, or any other content that you have posted on the Website;
(c) delete your user account.
5.2 Notwithstanding clause 5.1, in the event of a breach by you, of these Rental Terms, we may, as appropriate:
(a) immediately, temporarily or permanently, suspend your access to the Services;
(b) immediately, temporarily or permanently, remove any content that you have uploaded to the Website;
(c) issue you with a formal warning;
(d) commence legal proceedings against you;
(e) share information with law enforcement authorities if we are legally obliged to do so.
5.3 If at any time you do not feel that you can agree to these Term or any changes made to them or the Services, you must immediately stop using the Services.
6.1 All payments and transactions in respect of the Hire of any Item must be processed via the Website.
6.2 You agree and accept that the applicable Service Fees shall be applied by Loopeto to all payments made by a Borrower for the Hire of any Item.
7. Contract Validity
7.1 These Rental Terms of Service form a contract between the Borrower and Lender, from the point of exchange between the Lender and the Borrower and the return of the item by the Borrower to the Lender. In order for the contract to be valid, all payments and transactions must be transacted via the Loopeto website.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Rental Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Hire was organised, both we and you knew it might happen.
8.2 Notwithstanding clause 8.1, we are not responsible for the acts or omissions of any Users, or the condition or maintenance of any Item, the use made of any Item, or the functionality, adequacy or safety of any Item. It is the responsibility of Lenders to ensure that Items Listed are in good working order, and Borrowers should refrain from using an Item if they have any concerns about its safety, functionality, or correct method of operation. Loopeto shall not, at any point, have any opportunity to examine or inspect any Item, and therefore, injury, loss or damage caused by an Item cannot be reasonably foreseen by Loopeto, and Loopeto’s responsibility for any such injury, loss or damage is excluded in accordance with clause 8.1.
8.3 Subject to clause 8.4, and notwithstanding clauses 8.1 and 8.2, Loopeto shall not be liable for any indirect or consequential losses, and Loopeto’s maximum liability to you, shall not exceed a sum equal to 100% of the Service Fees paid by you, in the 12 month period, prior to the claim arising.
8.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will only use your personal information as set out in our Privacy Policy.
10.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Rental Terms to another organisation. We will always ensure that the transfer will not affect your rights under the Rental Terms.
· Alcohol
· Animals and wildlife products
· Broken, defective, or malfunctioning items
· Bootleg recordings
· Counterfeit currency and stamps
· Credit and debit cards
· Currency
· Dietary supplements and alternative medicines
· Drugs and drug paraphernalia
· Firearms and accessories - examples include pepper spray, replica firearms, and stun guns
· Food
· Hazardous, restricted or regulated materials - examples include industrial chemicals, fireworks and refrigerants
· Knives and bladed instruments
· Lock-picking devices
· Machinery that requires a licence for its operation
· Medical devices
· Offensive material - examples include racially offensive, or obscene items or material
· Pesticides
· Prescription drugs
· Recalled items
· Replicas, counterfeit items, and unauthorised copies
· Stolen property
· Tobacco
· Weapons