Read the terms of use for the UK's largest rental platform to hire DSLR and other camera equipment, lenses and drones in London

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BorrowFox LTD.

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

1. Definitions

The following Terms of Use (called hereafter “Terms of Use”) describe the terms and conditions of use for the site http://www.BorrowFox.com (called “site”). All users acknowledge being informed of and accepting all the clauses.

User refers to all physical or moral persons who access the site, that the user be a member or not.

Member denotes all physical or moral persons who are registered on the site in order to use its services.

By Member Account we refer to the private area reserved for each Member. It is accessible with a password and contains personal details regarding the member.

Lender denotes all Members who put items up for rental using the BorrowFox.com website interface.

Borrower denotes all Members who rent an item on the BorrowFox.com website.

Rental Agreement denotes the agreement made between the lender and the Borrower, on the one hand obligating transfer of enjoyment of the item (of said contract) for a given time, and on the other the obligation to pay a predetermined amount as defined by the contract.

Rental fee signifies the financial payment made to the lender by the Borrower in order to enjoy use of the item.

Rental offer denotes the information published by the lender presenting an item for rental.

Reservation denotes the request made by a Borrower on a certain rental offer.

Booking Confirmation denotes the online acceptance by the lender of a reservation request made by a Borrower, creating thus a contract between the lender and Borrower in their region.

2. Website Description

BorrowFox does not itself offer any rental services. The site is designed for the unique purpose of putting people who want to rent things in touch with people who have things lend out. 

The site contains an area open to the public and a private area reserved for members.

The public area allows access to rental offers from members registered on the site.

The private area is the part of the site that is accessible after username authentication. You can access and modify your personal information (referred to hereafter as “Member Account”), publish rental offers, make reservation requests, add comments and feedback and manage your rental offers. It also gives you access to collaboration tools.

3. Conditions of Registration and Membership Status

Our services are reserved for lawful persons capable of making legal contracts in the United Kingdom. Our services are not available to minors. If you do not meet these conditions, you cannot use our services. We reserve the right to close member accounts without notice for commercial reasons or motives including but not restricted to:

- Violation of a stipulation in the Terms of Use, or other Conditions or regulations on BorrowFox (Privacy Policy and Pricing Policy)

- Inability to verify or authenticate the origin of a rental offer - False personal information

- Diffusion of illegal content (notably pornography, libel, copyrighted images, discriminatory content, incitement of violence and racial, religious or ethnic hatred)

- Breaches in moral standards

- Use, copying or diffusion of copyright protected works without express authorization

- Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc)

This closing of a member account can give rise to no damage claims against BorrowFox, no matter what consequences arrive from this closing of the account. The Member Account is personal and non-transferrable to a third party.

The temporary or permanent suspension of a Member Account blocks that member from all use of BorrowFox’s services.

The status of Member allows you to access, using a password, the private area of the site. Each member is invited to create an alias (username) that identifies them on the site.

The Member agrees to keep their password they chose for using their Member Account confidential. The password is personal and cannot be shared or transferred to another physical or moral person.

The Member recognises and accepts being the only person responsible for all usage of their password. They accept being presumed responsible, to a conclusive degree, for all consequences and obligations generated by usage of their password by a third party.

The Member equally recognises and accepts that the site can consider usage of their Member Account, username or password as proof of their usage of the site. All usage of the site by way of the password is reputed as being carried out by the Member.

The Member Account as well as profile evaluations and comments are personal. It is forbidden to transfer or give over to someone other than the Member.

BorrowFox must be alerted within 8 days of any changes that will pertain to your personal account information.

Registration obligates providing an email address that will be used to communicate between the member and the website, and will act as the sole identifier for the Member Account. All emails sent by the website to this member is understood as having been received by the Member, who takes full knowledge thereof.

Finally, in order to maximise usage of the geolocation tool, a physical address is required by BorrowFox upon registration to the private member area and the putting online of a rental offer by a lender.

In order to maximise trust throughout the rental process, the postcode address of the Borrower may be displayed within the account of the lender of the rental item when he is about to accept the reservation request on the site.

The postcode address of the lender, if he or she is registered on BorrowFox as a Business Account, may be sent to the Borrower, upon request, once his or her reservation request has been accepted.

4. Fees and Commissions

Access, registration and usage of the website is free.

Our regulations pertaining to rental listings (the putting online of items for rental), commissions, tools and paid services available on the site are incorporated into the standards of the Terms of Use.

BorrowFox reserves the right to modify at any time regulations concerning online listing fees and other fees for our services. These modifications will take effect once they are posted online and will apply to all transactions that follow. In the case of temporary modifications, the length of the modification will be clearly indicated on the website.

Unless otherwise indicated, our fees are indicated in pounds (GBP) and before any tax.

The user, website member, Borrower and Lender all recognise that to rent a product from an intermediary on the website, BorrowFox can receive, by virtue of a partner, affiliation or other contract, a remuneration for having put the two parties in contact and allowing thus the rental of a product or service by the user thereof. The user accepts this form of remuneration to the website and cannot challenge BorrowFox regarding remuneration received.

5. Taxes

With the exclusion of BorrowFox, who is not party to the rental of goods, users and members of the website are solely beholden for all taxes and commissions resulting from use of our services and our internet website. BorrowFox thus disengages from all responsibility for taxes on transactions effectuated on or via our website.

That you are a moral (society) or physical (individual) person, or that a lender or Borrower, tax can be applied to your transactions. In relation to the frequency of your transactions, taxes can be applicable to your transactions. Other taxes, such as professional taxes or social taxes may also apply. Members of the website shall expressly accept that these taxes and charges can apply to their situation, in conformity with applicable government legislation.

Members are responsible for informing themselves via a third party on financial matters to do with these transactions, to make sure their actions respects legislation in this domain.

 

b. Reliability of Transactions and Member Safety

BorrowFox.com cannot confirm the identity of each member. BorrowFox makes available to members and users a post transaction rating system which allows them to evaluate the person with whom they are doing or have done a transaction. The Borrowers and/or Lenders can post their feedback online about members with whom they have made agreements. A positive evaluation may be a prerequisite for rental of their goods with some Lenders. The evaluation will also apply to the lender, and Borrowers can evaluate a lender after a transaction known as a “rental”.

The item borrowed can equally be evaluated after the transaction.

An identification system via bank card can eventually allow for verification of the existence of the lender and the Borrower, thus adding a greater confidence factor to future transactions. Use of this system is not obligatory. Passing this supplementary identity test will be clearly indicated in the lender’s profile.

Other voluntary systems designed to increase confidence between members have also been put in place by BorrowFox.

 

c. Moderating

A member who puts an item up for rental is responsible for the content they upload in relation to the law and to the present Terms of Use. The BorrowFox.com team does carry out systematic editing of content that is uploaded by its members.

Exercising the right to withdraw content listings that are under dispute does not at all affect the validity, pertinence, and conformity to the law or the quality of the listings, rental offers or comments that remain online.

The member or user is made aware that each new addition, either of a rental offer or an evaluator comment, may be deleted by BorrowFox if it does not respect the legal regulations notably those found in the present Terms of Use. Members or users of the site can contact the moderating team for any claims relating to a comment or the content of a comment or a rental offer through the button called “Contact Us”. BorrowFox reserves the right to choose to accept or refuse member proposals for the creation of a new category.

6. Rental Listings, Offers, Reservations and Rental Agreements

a. Description of the Listings or Offers

Rental listings or offers describe items, products or goods that are offered for rental. They can only include texts, documents and images that the members decide to upload. All the items, products and goods put up for rental must be in the appropriate category and the Lender is solely responsible for choosing the category in which they will place the rental offer. A Lender offering a rental listing in a given category cannot ever be interpreted as a guarantee on the part of BorrowFox as to the authenticity or origin of the item offered.

Extra payments related to the rental of a product, such as delivery, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the “description” zone of the item or good.

The Lender always offers for rental a good that the Borrower can physically claim in a given location, either the Lender’s address or the rental location.

The Lender, either an individual or a professional, is not allowed to list any contact information in their rental offer. Things that are considered contact information include the physical address of the rental point, the lender’s address, their fax or telephone, an email address or a website address.

It is important that any specific conditions surrounding the rental of an item, that are not covered in the agreement or contract, security deposit or availability information, be mentioned somewhere in the product description.

b. Completion of a rental Agreement

The lender is free to choose with whom they would like to conclude a rental agreement. However, once the rental confirmation has been made by the lender to the Borrower, the provisions of rental laws that are in effect in the United Kingdom apply.

c. Fraudulent Acts

Without excluding other paths of recourse, we can suspend or close your Member Account if it turns out (after a condemnation, transaction or investigation by the police, an insurance company or a third party, notably one that is in escrow) that you have engaged in fraudulent activities in relation to our website.

d. Content of Rental Offers

Users and members agree to not ask for financial remuneration for use of the content that is disseminated on BorrowFox.com.

BorrowFox also has the right to monitor, edit and/or exclude partially or totally any content found in rental offers.

BorrowFox.com has no obligations of diligence with regards to the publication of content.

BorrowFox reserves the right to use content from rental offers on other partner websites, which members expressly agree and accept.

The user or member accepts that BorrowFox.com can use uploaded content for commercial means, and can resell or exchange information (with the exclusion of personal data) with a third party for a cost or for free.

The member guarantees that he possesses all the intellectual rights on the content of the offers, texts (Title, sub-title, and visual elements, and visual elements. The member also guarantees that he possesses the image reproduction rights, right to image and to personality of the items and persons represented on the visual elements while respecting the legislation regarding the privacy.

f. Geolocation and Privacy

One of the many value-added aspects of the BorrowFox.com website is that ability to search for an article by location using the geolocation tool. BorrowFox does not provide the address of the lender or rental pick-up until the rental is confirmed (see above definition of “rental Confirmation”).

The Googlemap tool gives a visual representation of the address using an arrow pointing at the location. This arrow can establish the location only to within an approximation by several meters. It is imprecise like this on purpose in order to protect the physical address of the lender. This provides added security protection for the rental goods. This completes the section regarding provisions for the protection of privacy in these Terms of Use.

7. Suspension or Cancellation of a Member Account

Without excluding other courses of action, BorrowFox reserves the right to suspend or exclude the account of a given member in the following instances:

- Violation of a stipulation in the Terms of Use, or other Conditions or regulations on BorrowFox (Privacy Policy and Pricing Policy)

- Inability to verify or authenticate the origin of a rental offer - False personal information

- Diffusion of illegal content (notably pornography, libel, copyrighted images, discriminatory content, incitement of violence and racial, religious or ethnic hatred)

- Breaches in moral standards

- Use, copying or diffusion of copyright protected works without express authorization

- Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc)

8. Modification

BorrowFox.com reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, the Terms of Use and of sales on the website. All changes will be effective starting from when they are published on the website. Use of the website once these changes have been put in place implies a recognition and acceptance of the Terms of Use and of sales as modified. BorrowFox.com reserves the right to modify, interrupt, or end at any time any service, without being responsible for the consequences resulting from these modifications, interruptions or stoppages in services.

9. Use of External Applications

Use of the application Google Maps is subject to implicit acceptance of the Terms of Use for Google Maps (http://maps.google.com/help/terms_maps.html).

10. Intellectual Property

BorrowFox.com cannot be informed of all the content on all the rental offers or comments published on the site. However, BorrowFox.com pledges to remove as quickly as possible any copyright protected materials once they are made aware of them.

All the graphics, design, presentations, logos proper to BorrowFox.com are the property of BorrowFox.com. Any reproduction without BorrowFox.com’s express written consent is forbidden.

11. Computer Data and Freedom

BorrowFox has made a declaration to the Commission of the protection of privacy concerning the collection and treatment of information related to website users. All users have a right to access, modify, rectify and to delete any personal information which concerns them, a right which they can exercise at any time.

12. Use of Personal Information

BorrowFox.com pledges to not sell or rental your personal information to a third party. However, the user accepts that BorrowFox.com use this information in order to prove usage of all BorrowFox.com services by the User, and in certain cases to obtain revenues from websites.

13. Compensation

The user or member accepts to defend and remunerate BorrowFox (including reasonable lawyer fees), corporate officers, directors, administrators, employees, lenders, and representatives against any demands or reclamations made by a third party, caused by or resulting from a violation or any other act for which the user or member is responsible, that arose from them not upholding the instructions, guarantees and/or obligations contained in the Terms of Use, or having violated any law or any right of this third party. This includes but is not limited to complaints and claims with regards: infringement or violation of intellectual property rights, libel, calumny or other defamation, privacy rights or “false representation”, publicity rights.

BorrowFox has the right, at its sole discretion, to mount a defence with a lawyer of their choosing, against all reclamations, demands for justice or other affairs that have for object remunerations for the user or the member.

The Terms of Use do not create any relationships of a subordinate, commission, general partnership, company partnership, employee/employer or franchise nature between BorrowFox Limited and any user or member of the site.

14. Juridical Competence

The present Terms of Use are regulated and interpreted in conformity with law of the United Kingdom.

All litigation with regards to the validity, interpretation, or execution of the present Terms of Use will be submitted to the commerce tribunal of the United Kingdom.

In the case where one or many articles found in the Terms of Use or Pricing Policy on the website are found to be illegal, void or inapplicable by legal decision, the other articles in the present Terms of Use remain in effect.

15. Additional Specifications

• BorrowFox.com contains links towards other websites and is not responsible for the confidentiality policies or practices on other websites. When a member or user of BorrowFox clicks on a link that takes them to another site, the member or user is held responsible for reading the confidentiality policies of said website.

• BorrowFox is not responsible for interactions between members.

• Members of the site can be individuals or professionals.

• The titles of the rental sections of these Terms of Use are purely indicative without necessarily defining their content.

16. Totality

The present Terms of Use represent the totality of the agreement concluded between BorrowFox Limited and its users and members. The BorrowFox.com brand is copyright and is the exclusive property of BorrowFox Limited.

 

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