Kitster makes available the Service for individuals who register to the Website (“Registered User(s))” to (i) create listings to provide for the hire of their Equipment to other Registered Users (in which case a Registered User shall also be referred to as the “Owner”) and (ii) to contact other Registered Users to hire their Equipment (in which case a Registered User shall also be referred to as the “Hirer”).
For the avoidance of doubt, you acknowledge and agree that the Website only facilitates Owners and Hirers to hire the Equipment directly between each other and Kitster (i) is not a party to any agreement entered into by Registered Users for the hire of the Equipment, (ii) does not own, hire or manage any of the Equipment, (iii) in respect of the hire of the Equipment, disclaims all liability to the maximum extent permitted by law, and (iv) accordingly, Registered Users provide for hire and hire the Equipment at their own risk.
You undertake to comply with all applicable laws and regulation in connection with your use of the Service.
In order to use the Service, you must register to the Website and become a Registered user.
In order to register to the Website, you may be required to provide certain information including but not limited to trading names, two (2) references from trading partners and correct and accurate credit card details.
Your Kitster account will be created for your use of the Website and/or Service and it will be based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Kitster account, whether or not you have authorised such activities or actions. You will immediately notify Kitster of any unauthorised use of your Kitster account.
Kitster reserves the right to suspend or terminate your Kitster account and your access to the Website, and Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete or if Kitster has reason to suspect there has been a security breach or if in Kitster reasonable opinion you have failed to comply with any of the provisions of these Terms.
USE OF THE SERVICE
Any content you provide to us or any contact you make with other Registered Users, whether privately or publically, must comply with our Acceptable Use Policy.
You warrant that any such content or contact complies with Acceptable Use Policy and you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of that warranty.
Kitster will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Registered User of our Website.
You grant Kitster a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us.
HIRES AND CANCELLATIONS
When you enter into a contract to hire the Equipment (as Hirer) or provide the Equipment (as Owner) you warrant and undertake that you have the legal right to enter into such transaction.
A contract will be formed between the Owner and the Hirer for the hire of the relevant Equipment, when the Owner confirms acceptance of the request of the Hirer to hire the Equipment.
You may only terminate the contract with the other party where you are permitted by law.
An Owner may remove a listing at their discretion. However, if an Owner must cancel a hire that they accepted, they must notify the Hirer as soon as possible. Significant or multiple cancellations may affect an Owner’s ability to list Equipment in the future, if Kister believes that the cancellation(s) has a negative effect on the Hirer and the Kitster community. OTHER REMEDY? WHAT HAPPENS IF THE OWNER CANCEL ON THE SAME DAY THE OTHER PERSON WAS SUPPOSED TO PICK UP THE EQUIPMENT?
A Hirer may cancel a request for hire at their discretion before this is accepted b y the Owner. However, if a Hirer must cancel a hire request that was accepted by the Owner, they must notify the Owner as soon as possible. Significant or multiple cancellations may affect a Renter's ability to rent Equipment in the future, if Kitster believes that the cancellation(s) has a negative effect on the Owner and the kitster community.
If, as an Owner, you fail to show up for a scheduled meeting to provide your Equipment to the Hirer, the Hirer may leave a negative review for the Owner. Significant or multiple no shows may affect an Owner’s ability to list Equipment in the future, if Kitster believes that the no show(s) has a negative effect on the Hirer and the Kitster community. Kitster shall refund any fees already paid by the Hirer in respect of the hire of the Equipment. If, as a Hirer, you fail to show up for a scheduled meeting to pick up the Equipment, the Owner may report it to Kitster and leave a negative review for the Hirer. Significant or multiple no shows may affect an Hirer's ability to rent the Equipment in the future, if Kitster believes that the no show(s) has a negative effect on the Hirer and the Kitster community.
If the Hirer damages, loses, steals, converts, or transfers to a third party, or does takes any other action in regards to the the Equipment belonging to the Owner, the Hirer agrees to pay for the full repair or replacement of the Owner’s Equipment.
If the Hirer late returns the Equipment, the Hirer shall pay any late fees to the Owner of the Equipment as determined by the Owner in its listing for the hire of the relevant Equipment. The maximum late charge per day will be the amount of a one day rental for the specific hire. Kitster will charge these fees to your payment card on file, to be paid to the Owner or may collect it using alternative billing methods. Owners may also leave a negative review for the Hirer.
The provisions of this clause 5 apply to Registered Users who are Owners and thus wish to provide for hire their Equipment via the Website.
As a Registered User you may create listings to provide for the hire of your Equipment. To create a listing, you will be asked a variety of questions about the Equipment to be listed.
You acknowledge and agree that you are solely responsible for your listings and must be the legal and beneficial owner of the Equipment and/or have the right to provide for the hire of the Equipment. The hire and/or the provision for hire of the Equipment shall not not infringe the rights of any third party; and shall not breach any applicable local, national or international law or regulation.
When you create a listing, you may also choose to include certain requirements which must be met by Registered Users who wish to hire your Equipment, such as (but not limited to) a minimum or maximum hiring period, and drone licences if relevant.
Listings will visible to anyone accessing the Website, whether or not they are a Registered User.
Hirers will be able to hire your Equipment via the Website, based upon the information provided in your listing. You understand and agree that once a Registered User requests to hire your Equipment, you may not request the Registered User to pay a higher price than in the booking request. For the avoidance of doubt, Hirers can decide whether to accept the hire or to refuse the request for hire of the Equipment.
If an Owner accepts a hire request by a HIrer, the Owner should make the Equipment available to hire on-time, based on what was accepted by the Owner or proposed by the Owner and accepted by the Hirer.
You may amend the terms on which you offer the Equipment for hire at any time before you have entered into a contract to hire such Equipment.
You may remove the Equipment from the Website at any time before you have entered into a contract to hire such Equipment.
You acknowledge and agree that Kitster does not act as an insurer and thurs Kitster recommends that you obtain appropriate insurance for your Equipment. Kitster is not liable for any damage or loss caused to your Equipment.
By registering to Kitster you warrant that your Equipment is (i) in well-maintained condition (clean with no broken parts) and fully functional and (ii) that you did not alter your Equipment in such a way that makes it dangerous to use or generally a liability concern.
Kitster reserves the right to suspend or revoke a specific listing eligibility at any time for any reason, at its' sole discretion. Although it is very rare, Kitster may also revoke an Owner’s eligibility to use the Services at any time for any reason, at its' sole discretion. In the event that Kitster suspends or revokes an Owner, Kitster reserves the right to suspend or cancel any reserved or active hire and cancel any payments.
The Hirer acknowledges and agrees that it is its responsibility to pick up the Equipment from the Owner (unless you have agreed otherwise with the Owner) and to then deliver back the Equipment at the end of the hiring period.
The Hirer shall:
keep the hired Equipment in well-maintained condition (keep it clean with no broken parts). HIred Equipment should be kept fully functional, just like it was when you got it from the Owner.
not use the hired Equipment in a way that makes it unrepairable or the value unassessable (so that it can be covered by an insurance policy).
not use hired Equipment in a way that makes it dangerous to use, or generally a liability concern;
use the hired Equipment in the manner it was designed to be used by manufacturer. The Hirer should not use the Equipment in a way that may interfere with the operability of the Equipment or the safe operation of the Equipment.
If the Hirer requests to hire the Equipment, and the Owner accepts the request, the HIrer should be available to meet the Owner on-time, based on when was accepted by the Owner or proposed by the Owner and accepted by the Hirer.
The Hirer acknowledges and agrees that if the Hirer damages, loses, steals, converts, or transfers to a third party, or does takes any other action in regards to the the Equipment belonging to the Owner, the Hirer agrees to pay for the full repair or replacement of the Owner’s Equipment.
Although it is very rare, Kitster may suspend or revoke a Hirer’s eligibility to use the Services at any time for any reason, at Kitster's sole discretion. In the event that Kitster suspends or revokes a Hirer, Kitster reserves the right to suspend or cancel any reserved or active Equipment and cancel any payments.
Kitser will pre-vet Registered Users in accordance with clause 2.b above. However, for the avoidance of doubt, Kitster does not pre-vet any Equipment listed on the Website. We shall not be obliged to engage in any dispute between parties to a transaction to hire the Equipment. You are responsible for vetting the parties that you deal with.
NOTE: AS STATED ABOVE, THIS WEBSITE AND SERVICE ARE INTENDED TO BE USED TO FACILITATE OWNER AND HIRERS CONNECTING, COMMUNICATING, LISTING, AND HIRING EQUIPMENT DIRECTLY WITH EACH OTHER.
KITSTER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EQUIPMENT.
KITSTER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENT. ACCORDINGLY, ANY HIRES WILL BE MADE AT THE HIRER AND/OR OWNER’S OWN RISK.
WHILE KITSTER WILL EXPECT OWNERS AND HIRERS TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, KITSTER WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
By using the Service you acknowledge and agree that Kitster shall receive a commission (the “Commission”) in respect of the hire of the Equipment. Such Commission shall be equal to 10% of the hiring fees paid by the Hirer to the Hiree.
Kitster shall automatically deduct the commission from the fees paid by the Hirer to the Owner in connection with the Service.
PAYMENT AND FEES
When you as Hirer enter into the contract with a Owner payment will be taken from your credit or debit card immediately. A deposit can be transferred to the Kitster at the time the contract is entered into whilst the remaining will be paid to the Owner three days after you have picked up the Equipment from the Owner.
Kitster uses Paypal, for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant.
By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that ShareGrid is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that Kitstare has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
REGISTERED USERS CONTRIBUTIONS
The Website may contain listings, member profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin board, blogs, comment sections, social media features and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users (whether Registered Users or guests of the Website) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Acceptable Use Policy.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Nothing in these Terms limits or excludes our liability to you for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any other type of liability which cannot by law be excluded or limited.
We make no warranties or representations, whether express or implied that this Website, any content and the Services on it:
are accurate, complete, up-to-date or suitable for any purpose; or
are free of error or omission.
We are not responsible for any action or inaction of users of the Website or Services, or content provided by users of the Website including, without limitation:
the descriptions or photos of items, including their accuracy and completeness;
the quality, legality or safety of the items;
the Owner’s title in the items;
any Registered User’s right to enter into a contract for the hire of the Equipment;
The Equipment being returned at the end of the hiring period damaged, ruined, and/or not in proper working order and/or the Equipment not being returned at all;
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Website, any content or the Services on it, whether express or implied.
Subject to section 12.a, Kister accepts no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services, Equipment and information on our Website.
Subject to section 8.a, we limit our liability under this Terms whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
the Fees paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Website; and
£100 in respect of any other claim.
We provide an online facility to facilitate Registered Users to hire the Equipment. Hirers and Owners are solely responsible for transactions entered into using the Website, including any damages arising out or in conjunction with the Service.
In respect of any dispute you may have with another user and or/Registered User of the Website, you agree to waive any claim you may have against us in connection with such dispute and indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or Services, or to your downloading of any content on it, or on any website linked to it.
We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
Kitster does not guarantee that:
The Website, or any content on it, will be free from errors or omissions. Furthermore, Kitster is no under obligation to update the content on the Website;
The Website, or any content on it, will always be available or be uninterrupted. Kitster will not be liable to you if for any reason the Website is unavailable at any time or for any period.
The Website and the Service are provided “as is”.
Kitster reserves the right, at its sole discretion, (i) to modify the Website, (ii) to modify the Service, and/or (iii) to modify these Terms, including but not limited to theCommission, at any time and without prior notice. If we modify these Terms, we will post the amended Terms on the Website and we will also update the “Last Updated Date” at the top of the Terms. By continuing to access or use the Website or Service after we amended the Terms, you are acknowledging and agreeing that you are bound by such amended Terms. If the amended Terms are not acceptable to you, you must stop accessing or using the Website and Services.
EVENTS BEYOND CONTROL
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
THIRD PARTY LINKS AND RESOURCES IN THIS SITE
Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You may (i) link to our homepage and/or (ii) link your website from your Kitster profile page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
In respect of sub-clause 19.c) above, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
No waiver by KItster of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitster to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and the Service are governed by English law and subject to the exclusive jurisdiction of English courts.
If you have any questions or concerns relating to these Terms, please send us an email to email@example.com.