HURR is the UK’s first peer-to-peer wardrobe rental platform. The invite-only platform allows members to rent and lend clothes and accessories. Consequently, HURR only acts as an intermediary between Renters and Lenders and does not provide any goods or services outside of that scope.
The following Terms of Service set out the legally binding agreement under which both Members and Visitors are permitted to use our Website (www.hurrcollective.com) and the services provided on it (collectively the "Platform"). You will be required to read, accept and agree to comply with these Terms of Service and all other terms and conditions and policies incorporated herein (collectively the “Terms”) when visiting our Website or accessing the Platform.
If you do not agree to these Terms, you must not register on the Platform.
Access to the Platform is given on an invitation-only basis. HURR reserve the right to accept or reject any membership application at our sole and absolute discretion.
We reserve the right to make changes to these Terms from time to time at our sole discretion. Your use of the Platform will be subject to the most recent version of the Terms posted on the Platform at the time of use.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We reserve the right to restrict, suspend or terminate your use of the Platform at any time if we believe, in our absolute discretion, that you have breached these Terms.
Content: any photos, text, audio or video clips, or any other information posted to the Site and/or Platform.
Estimated Market Value: a reasonable estimate of the current market value of an Item by the Lender. In the event the Renter disputes the estimate made by the Lender, HURR will determine the estimated market value. HURR’s determination is binding on both Lender and Renter. This price may change from time to time.
Fee Avoidance: any action by a Renter or Lender to avoid paying HURR’s Service Fees. This includes but is not limited to any steps taken to direct Members to alternative sites or directly communicating with another Member(s) for the purpose of completing a transaction outside of the Platform.
HURR: HURR Limited, HURR Collective, we, us, our.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item(s): Goods including but not limited to: dresses, bags, tops, shoes, accessories, jumpsuits, trousers, skirts and outerwear.
Lender(s): A registered Member who uploads information about Items available to rent through the Platform subject to these Terms.
Lenders’ Terms: the additional Terms of Service incorporated into these Terms that apply to Lenders.
Member(s): any individual who registers to use the Platform as a Lender or Renter. Members log in to access the Platform, upload information as a Lender about Items they may wish to rent to Renters or search for Items as a Renter, request to rent and correspond with other members for the purpose of facilitating a rental transaction.
Platform: the website www.hurrcollective.com and intermediary services provided through it.
Rent/Renting/Rental: to borrow/the borrowing of an Item(s) via the Platform for a fee from a Lender by a Renter subject to the Renter’s Terms.
Rental Commencement Date: the date on which the rental of an Item begins. This is deemed to be the date the rental is due to start as booked on the Platform and as detailed in your confirmation email.
Rental Fee: has the meaning given to it in clause 10.1.2.
Rental Period: the length of time the Item is rented for. The Rental Period is measured from the date the rental is due to start as booked on the Platform (for either a 7, 14, 21 or 28 day period as selected including Bank Holidays, weekends and other holidays) to the day the Item must be posted back to the Lender (before 12pm).
Rental Request: a request made by a prospective Renter to rent an Item from a Lender for a specified period of time subject to these Terms and all applicable fees.
Renter(s): A registered Member who wishes to rent goods available through the Platform subject to these Terms.
Renters’ Terms: the additional Terms of Service incorporated into these Terms that apply to Renters.
Review: a brief summary of a Renter or Lender’s experience of Renting or Lending an Item through the Platform. Reviews will be visible on both the Renter and Lender’s profiles.
Service Fee: has the meaning given to it in clause 10.1.1.
Service(s): the facilitation of peer-to-peer wardrobe rentals of clothing and accessories.
Site: the Website www.hurrcollective.com (also referred to in the document as ‘the Website’)
User(s): both Members of the Platform and Visitors to www.hurrcollective.com.
Visitor(s): people who are not registered as Members. They are permitted to explore the publicly available sections of the Platform, submit a membership application and contact us by email.
1.WHO WE ARE
HURR is a Platform owned and operated by HURR Limited, a private limited company registered in England and Wales under company number 11262189 and with a registered office at 43 Melville Road, London, United Kingdom, SW13 9RH (“HURR”, “we”, “us”, “our”).
The Terms outlined in this document constitute a legally binding contract between you and HURR. Any terms which are later defined in the Renters’ Terms or Lenders’ Terms have the same meaning as set out in the relevant schedules.
- 2.1. Use of the Platform is offered to you on a membership basis. Once you attempt to access or use the services provided by HURR, this constitutes your agreement to and acceptance of these Terms. If you do not agree to these Terms you must not use our Platform.
In addition to agreeing to HURR’s Terms you accept that:
- 2.1.1. As a Renter, you will comply with the Renters' Terms; and
- 2.1.2. As a Lender, you will comply with the Lenders' Terms.
HURR’s role is as an intermediary only. The Platform connects Lenders and Renters to facilitate the sharing of clothing and accessories on a peer-to-peer basis as follows:
- 3.1.1. We allow Lenders to use our online Service as a Platform to list Items to rent to other HURR Members.
- 3.1.2. We allow Renters to use our online Service as a Platform to rent Items from other HURR Members.
- 3.1.3. We will only be working as an intermediary once there has been a transaction entered into between Lenders and Renters. If there is any form of agreement between the two parties to rent or lend any Item this is between the relevant Lender and Renter only.
- 3.1.4. Although we attempt to provide our Services to ensure it is beneficial for both the Lender and Renter, HURR cannot be held liable for the conduct of Users of the Services.
- 3.1.5. We have the right to remove or request withdrawal of any Item listed by a Lender, any Rental Request made by a Renter, or any transaction made between the two parties. If HURR reasonably believes any listing, request or transaction does not comply with our Terms, the Renters' Terms or Lenders' Terms, written notice of the removal or request to withdraw will be provided to the parties involved.
When you use HURR as a Lender:
- 3.2.1. When lending an Item to a Renter as a Lender, you acknowledge that you are part of a separate contract with the Renter and this contract is a binding agreement and that you will abide by both the Lenders’ Terms and HURR’s Terms.
- 3.2.2. You are also aware that the Renter is not acting on behalf of HURR. Any agreement that forms through lending an Item to a Renter is with the Renter only. HURR will not be held liable for any loss or liability suffered by you as a Lender due to the acts or omissions of the Renter.
- 3.2.3. You accept that you are wholly and exclusively responsible for complying with the Lenders’ Terms. You also acknowledge that you are responsible for any compensation due to the the Renter for any non-compliance on your behalf including but not limited to making sure that the Item which has been listed matches the description attached. You also agree that HURR is not liable for any non-compliance on your part and we will not be liable to compensate the Renter for any breach in the agreement between you and the Renter.
When you use HURR as a Renter:
- 3.3.1 When borrowing an Item from a Lender as a Renter you understand that you are part of a separate contract with the Lender, that this contract is a binding agreement and that you will abide by both the Renters’ Terms and HURR’s Terms.
- 3.3.2 You are also aware that the Lender is not acting on behalf of HURR. Any agreement that forms through borrowing an Item from a Lender is with the Lender only. HURR will not be held liable for any loss or liability suffered by you as a Renter due to the acts or omissions of the Lender.
- 3.3.3 You accept that you are wholly and exclusively responsible for complying with the Renters’ Terms. You also acknowledge that you are responsible for any compensation due to the Lender as a result of any loss or damage to the borrowed Item. You also agree that HURR is not liable for any non-compliance on your part and we will not be liable to compensate the Lender for any breach in the agreement between you and the Lender.
- 3.1. HURR’s role is as an intermediary only. The Platform connects Lenders and Renters to facilitate the sharing of clothing and accessories on a peer-to-peer basis as follows:
4.CHANGES TO HURR’S TERMS AND SERVICES
HURR retains the right to make changes to any of the Services we provide and this may include adding or removing features. You can revisit these Terms on the Platform for the most up-to-date version. As a Member of the Platform you will be given advance notice of any significant changes.
5.ACCESS AND AVAILABILITY
- 5.1. We will use all reasonable endeavours to ensure that this Site and our Platform are fully operational at all times. However we do not guarantee that our Services, our Platform, our Site, or any content on it, will always be available or be uninterrupted.
- 5.2. Access to our Site and Platform are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site and/or Services without notice. We will not be liable to you if for any reason our Site and/or Platform are unavailable at any time or for any period.
- 5.3. You are responsible for making all arrangements necessary for you to have access to our Site and/or Platform. You are also responsible for ensuring that all persons who access our Site and/or Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- 5.4. We reserve our right to restrict, suspend or terminate your use of this Site and/or Platform or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and conditions.
6.USE OF THE PLATFORM
- 6.1. In order to access and make use of the Platform you must register an account and become a Member of the Service. It is possible to register an account for a company or other legal entity.
- 6.2. Use of the Platform is intended for Members only. We are under no obligation to accept any individual as a Member, and may accept or reject any membership application at our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it is determined that a Member has violated these Terms (including the Renters’ or Lenders’ Terms).
- 6.3. Unless otherwise explicitly permitted by HURR you may register one (1) account.
To create an account you confirm that:
- 6.4.1. you are over 18;
- 6.4.2. you will complete our identity verification process carried out by our third party verification provider Deemly. By applying to become a Member you are accepting our Terms which include their Terms of Service;
- 6.4.3. If you are registering an account on behalf of a company or other entity you warrant that you have all necessary permissions and authority to bind that company or entity and that you are entitled to give us the licenses and permission required under these Terms;
- 6.4.4. all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. You can update or correct your personal details at any time in your User dashboard when you are logged in or by emailing us at email@example.com; and
- 6.4.5. You have all relevant rights, licenses and/or approvals in relation to any material or content you post on the Platform.
- 6.5. When you create your account you may do so using an email address and password, or by connecting through a social media account (including but not limited to Facebook and Instagram). If you choose to connect via a social media account, you may disable the link between that account and your HURR account in the Settings section of the Platform.
When you use the Platform you accept that you will not:
- 6.6.1. breach any relevant laws that apply;
- 6.6.2. breach any of HURR’s Terms;
- 6.6.3. when acting as a Lender, breach any of the Lenders' Terms;
- 6.6.4. when acting as a Renter, breach any of the Renters' Terms;
- 6.6.5. post any threatening, abusive, defamatory, obscene, inappropriate or indecent material, or material that is invasive of another’s privacy;
- 6.6.6. share or otherwise upload or communicate any misleading or false information or messages of any kind;
- 6.6.7. use the Platform to intentionally deceive other Users;
- 6.6.8. use the Platform to stalk or otherwise harass another User;
- 6.6.9. infringe the intellectual property rights of any third-party;
- 6.6.10. distribute any viruses or any other technologies that may harm the Platform or its Users;
- 6.6.11. interfere with the proper working of the Platform;
- 6.6.12. copy, modify, or distribute any other person’s content without their consent;
- 6.6.13. use any robot, spider, scraper or other automated means to access the Platform and/or collect content for any purpose;
- 6.6.14. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
- 6.6.15. copy, modify or distribute rights or content from the Platform, Services, applications or tools or otherwise infringe HURR’s Intellectual Property Rights;
- 6.6.16. bypass security measures used to prevent or restrict access to the Platform;
- 6.6.17. sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
- 6.6.18. write and post reviews that are anything other than true and accurate to the best of your knowledge; or
- 6.6.19. impersonate any person or misrepresent your affiliation with a person or entity.
- 6.7. It is explicitly prohibited to use our member-to-member communication system to send content that violates our Terms of Service or spam of any kind. We reserve the right to scan internal messages to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content. Please note, the messages sent through internal systems are not stored indefinitely and you must not rely on the storage of those messages.
- 6.8. You indemnify HURR against any threatened legal proceeding or claims issued against HURR by another person on the basis of your breach of the Terms.
- 6.9. Your account may not be shared with or transferred to another: it is for your personal use only. You must keep your account details secure and you are solely responsible for all activity carried out on or through your account. If you do not take all reasonable steps to protect your account information, HURR is not liable for any losses incurred as a result of your account being accessed or used by someone else.
THE HURR SERVICE: MEMBERS’ RIGHTS AND RESPONSIBILITIES
- 7.1. Subject to your agreement and compliance with these Terms, you are granted during the term of this Agreement a non-transferable, non-exclusive, non-sublicensable license to access and use the Platform for your personal use.
- 7.2. You understand that your use of the Platform and Services does not confer to you any Intellectual Property Rights held by HURR and/or its licensors. You are merely given a license to use the Services provided by HURR in accordance with these Terms.
- 7.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the HURR Platform other than for your own personal use.
- 7.4. You agree that you will not reverse engineer, copy or otherwise attempt to discern the source code, algorithms or underlying ideas of the Platform nor will you allow any other individuals or third parties to do so.
- 7.5. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Platform is stored or any server, computer or database connected to our Site. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
- 7.6. You agree that you shall not under any circumstances harm, tarnish or damage the HURR brand or perception of HURR in any way, knowingly or otherwise, by unauthorised use of Members’ Content, registering or using any trademarks, domain names, trade names or derivations thereof that may imitate or are similar enough as to be confusing.
- 8.1. We are the owner or the licensee of all Intellectual Property Rights in our site, and in the material published on it (including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 8.2. Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Members agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of our Platform or the content on our Platform unless given express written permission to do so by us.
- 8.3. You have no Intellectual Property Rights arising from the Platform and you will not use the material on our Platform save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and content to the Platform.
9.CONTENT UPLOADED BY HURR MEMBERS AND LISTINGS
- 9.1. You expressly acknowledge and agree that content you submit for inclusion on the Platform will be accessible by others. There is no confidentiality or privacy with respect to such content, including, without limitation, any personally identifying information that you may make available.
- 9.2. You acknowledge and accept that any content that you upload onto the HURR Platform is wholly your responsibility. You warrant that you have the necessary rights for the content that you upload on the Platform and any publication of said content will not infringe upon rights of any third parties (including Intellectual Property Rights). You further accept that if there is any loss suffered by HURR due to your breach of the Terms, then you shall compensate HURR for any resulting liability.
- 9.3. You promise to contribute only true, accurate and un-enhanced photographs of the Item(s) and guarantee you hold all of the applicable rights. HURR reserves the right to remove any photos we consider tampered with, of lower than acceptable quality or unfit for the purpose of accurately displaying the Item(s).
- 9.4. You understand that the content you upload will not be constantly monitored by HURR, however, if we do find that the content you upload does not comply with this clause 9, that content is subject to removal by us.
- 9.5. You acknowledge that, though we will do our best to monitor and maintain the accuracy of information on the Platform, any reliance on your part on content posted by other members is done so at your own risk. You warrant that you will not hold us liable for any resulting loss or damage.
- 9.6. You retain all Intellectual Property Rights in and to your own content. By uploading your content on to the Platform you hereby give HURR a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content as reasonably necessary to provide the Platform.
- 9.7. You acknowledge and agree that content you upload to the Platform including but not limited to details of Items listed for rent (hereafter ‘Listings’) may be shared with or displayed in both online and offline advertisements, in emails, and on other websites and applications to promote HURR and increase the visibility of the Platform.
HURR’s use of information from third parties:
- 9.8.1. If an Item is uploaded without all the required details we reserve the right to contact third parties to provide such extra details. The information we gain from third parties may include specifications, images, and additional descriptions. This information provided by third parties will only be used for the period your Item is posted on the Platform.
- 9.8.2. In the event we add information from third parties to an Item as per 9.8.1 you may not have the opportunity to approve any changes to the content prior to the content being uploaded to the Platform. HURR is not liable for the accuracy of that material. If you find any problems with the material once the content is uploaded you may contact us through email at: firstname.lastname@example.org.
- 9.9. You agree that you shall not register any content which is infringing, offensive or threatening. If any content posted is later found to be infringing, offensive or threatening, you hereby agree to remove it immediately. If you fail to do so HURR reserves the right to remove the relevant content in accordance with clause 9.11.
- 9.10. If any of the content posted or submitted to the Platform by another User makes you feel threatened, discriminated, abused or otherwise uncomfortable, or if you believe any such content is offensive or otherwise breaches these Terms, please contact us at email@example.com.
HURR’s right to remove content:
Without any delay or notice, HURR may promptly discard (or ask you to discard) any content from HURR’s Platform; permanently or temporarily restrict your ability to upload any additional content on the Site; restrict your ability to borrow or lend an Item on the Site; temporarily or permanently disable your access to the HURR Services if we believe:
- 9.11.1. you have breached any of our Terms;
- 9.11.2. you are not acting in a manner consistent with HURR’s Terms and Services;
- 9.11.3. you have participated in such activities which are illegal or dishonest or the actions you performed may end up causing a loss (financial or otherwise) or a lawful suit against HURR or our Users;
- 9.11.4. the Items which are uploaded are either not correct or not accurate;
- 9.11.5. you have been trying to partake in Fee Avoidance or fraudulent activity; or
- 9.11.6. it is necessary to do so by law or to ensure protection of the interests of HURR’s Users.
- 9.12. The order of Listings appearing in search results is not indicative of a preference for any particular Listing or Lender by HURR and is dependent on various factors such as the search parameters employed by a Renter, the price and availability of the Item(s), prior cancellations and reviews.
10.FEES AND CHARGES
There are three applicable fees to any transaction:
The Service Fee:
- 10.1.1.1. as a Lender, you agree to pay HURR a commission of 15% of the Rental Fee; and
- 10.1.1.2. as a Renter, you agree to pay HURR a commission of 15% of the Rental Fee, (together, the "Service Fee").
- 10.1.2. The Rental Fee - the listed price for renting an Item for a specified period of time. It is determined by the Lender, subject to adjustment by HURR. This is payable by the Renter only.
- 10.1.3. An optional £5 damage protection charge to cover any minor stains or damage to each item.
- 10.1.1. The Service Fee:
Each time there is a transaction between a Lender and Renter for an Item that is available for rent:
- 10.2.1. As the Lender, you agree to pay HURR a 15% Service Fee per clause 10.1.1 above;
- 10.2.2. As the Renter, you agree to pay HURR a 15% Service Fee per clause 10.1.1 above. If you submit a rental request and this is accepted by the Lender, you are liable to pay the Rental Fee, the Service Fee and the optional damage protection charge. The Rental Fee comprises the weekly rate you have agreed to rent the Item per clause 10.1.2 above.
- 10.3. We reserve the right to increase the Rental Fee of any Item listed on the Platform based on the demand for that Item or similar Items. Equally, we reserve the right to decrease the Rental Fee within ten percent (10%) of the original Rental Fee listed on the basis of demand for that or similar Item(s).
- 10.4. HURR will release the payment to the Lender 24 hours after the scheduled start date.
We work with Stripe to manage our secure payment process:
- 10.5.1. As we use Stripe to regulate our payment process this means that the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement") is applicable to you and by accepting these Terms you are accepting their Agreement as well.
- 10.5.2. As payment is processed through Stripe, we require you to covenant that any details you are providing to us about your business and yourself are neither fraudulent nor inaccurate and you give HURR authorisation to share such information with Stripe.
- 10.6. All of the fees that apply are to be paid in Pounds Sterling and are subject to change over time. We will alert you to these changes by posting them on our Website and circulating a notification email to our Members.
- 10.7. Additionally, there may be changes to our fees during our promotional events or if any new Services are added.
- 10.8. You have agreed that you use HURR for a particular Service and you will not attempt to complete transactions outside our Service for the purpose of Fee Avoidance. In the event a User does engage in Fee Avoidance then you shall indemnify us in regards to the loss suffered by us due to the Fee Avoidance. In the event you attempt to engage with another User outside our service for a rental or transaction then you shall be liable to pay a penalty charge of £150 regardless of whether the transaction occurred or not.
If, as a Renter, you do not return the Item before 12pm on the final day of the Rental Period, you agree you will be charged the following fees:
- 10.9.1. a £25 late fee each day after the last day of your rental;
- 10.9.2. the applicable Rental Fee pro rata to the number of days you keep the Item;
- 10.9.3. all applicable taxes to the transaction; and
any reasonable legal expenses incurred by the Lender in retrieving the Item(s).
The funds will be taken from your account to cover such charges without your permission being sought.
- 10.1 There are three applicable fees to any transaction:
11.1.Cancelling as a Renter:
- 11.1.1. As a Renter, if you decide that you no longer want to rent an Item you have requested, you may cancel free of charge within 48 hours of requesting the Item by emailing firstname.lastname@example.org subject to clause 11.1.2 and 11.1.3 below.
- 11.1.2. If you wish to cancel after this 48 hour period, you will receive a refund, minus a cancellation charge of 30% of the Rental Fee payable to HURR to cover administrative costs.
- 11.1.3. Any cancellation made within 48 hours of the date on which the rental is to begin (hereafter “Rental Commencement Date”) will not be reimbursed.
- 11.1.4. In the event your Rental Request and the Rental Commencement Date are within the same 48 hour period you are permitted to cancel the rental within one (1) hour of submitting the request without penalty. Once the hour has elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Rental and Service Fees.
- 11.1.5. If we reasonably believe that you rented an Item with the intent to perpetrate a theft or to cause any other harm we have the right to cancel a rental without notice and charge the Renter a sum we deem appropriate up to the Estimated Market Value. We reserve the right to use our discretion to determine the appropriate sum in each instance.
11.2.Cancelling as a Lender:
- 11.2.1. A Lender may cancel free of charge within 48 hours of the Rental Request being made.
- 11.2.2. If you decide to cancel a rental after the 48 hours immediately following the Rental Request but prior to the 48 hours immediately preceding the Rental Commencement Date, you will be charged a cancellation fee of 30% of the Rental Fee payable to HURR to cover administrative costs.
- 11.2.3. If a Lender cancels a confirmed Rental, the Renter will receive a full refund of all fees paid by them for this Rental.
- 11.2.4. In the event you choose to accept a Rental Request submitted within 48 hours of the Rental Commencement Date you will have one (1) hour to cancel without penalty. Once the hour has elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Service Fees.
- 11.2.5. In the event you cancel a confirmed rental, HURR reserves the right to publish an automated review indicating that you cancelled the Rental.
Further, if you cancel a Rental other than in accordance with 11.2.1:
- 126.96.36.199. HURR may choose to keep the Item unavailable or blocked for the duration of the cancelled Rental via the calendar on the Listing.
- 188.8.131.52. HURR may impose a cancellation fee as it deems appropriate.
- 11.1.Cancelling as a Renter:
12.HURR MEMBER’S LIABILITY
- 12.1. The Terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.
- 12.2. When providing information through the Platform, you must give true and accurate details of the condition of the Item(s) and detail of what is included or noticeably absent.
You are responsible for having sufficient funds available to replace the Item(s) should you lose or damage the Item(s).
- 12.3.1. If you are unsure what the replacement value of the Item is, please contact HURR for an Estimated Market Value before submitting your request.
- 12.3.2. The relevant funds will be taken from your account to cover such charges without your permission being sought. DO NOT RENT AN ITEM(S) UNLESS YOU HAVE SUFFICIENT FUNDS TO COVER THE ESTIMATED MARKET VALUE.
- 12.4. HURR has the discretion to set an appropriate Estimated Market Value for an Item which shall be determined in good faith and be considerate of the reasonable representation of the parties. The figure determined by HURR is binding.
- 12.5. We have the right to take funds corresponding to the Estimated Market Value from your account without seeking further permission from you if we reasonably believe you have caused damage to the Item, or are unable to return it for any reason within the deadline set by us from time to time.
- 12.6. HURR may contract a debt collector to collect any outstanding payment that you have refused to pay for the damage or loss you have caused within the timeframe set and the charge for their service shall be added to the debt that we are collecting from you.
- 13.1. The Terms within this agreement do not limit our liability for fraudulent representation, death or personal injury from the negligence of our agents or employees.
- 13.2. HURR is required by law to exercise all reasonable care and skill. The Citizens Advice Services or Trading Standards Service have further information regarding your rights under Consumer Law. Our totally liability to you in relation to this clause shall not exceed £100.
- 13.3. HURR does not endorse or guarantee any Member or User of the Platform or make any assertions as to trustworthiness. You Rent or Lend Items at your own risk.
- 13.4. HURR is not responsible for the acts or omissions of a third party using the Service. We act as an intermediary in regards to the transaction between the Renters and Lenders on the Platform. We do not accept any liability for either party’s performance within the transaction.
HURR shall not be responsible for the following:
- 13.5.1. Any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;
- 13.5.2. the content uploaded by Users which is defamatory, unlawful, inappropriate, abusive, offensive or threatening or in any way impeaching on another’s right which would constitute a criminal offence and give rise to civil liability or otherwise violate any other applicable law;
- 13.5.3. any loss which did not result from our direct breach;
- 13.5.4. the failure to meet our obligations or to provide the Service under this agreement where failure has occurred from events that were not in our control. Meaning a circumstance where the cause was beyond our reasonable control which became an obstacle to completing the Service not confined to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
- 13.6. We explicitly exclude any and all conditions, warranties, or representations both implicit or explicit relating to quality, merchantability, durability, fitness for purpose, and those arising by statute.
- 13.7. ANY DIRECT DAMAGES THAT ARE SUFFERED AS A RESULT OF YOUR USE OF THE PLATFORM (INCLUDING THE SERVICES AND CONTENT) SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
14.STOPPING YOUR USE OF HURR’S SERVICES
- 14.1. You may cease using our Services at any time (outside of any active rentals) by requesting that your account be deactivated via email at email@example.com.
Disputes between you and another Member:
- 15.1.1. If you have a dispute with another Member, you have agreed to release us (including our agents, directors, officers and employees) from any claim, demand or damage of any kind and nature that has arisen from the dispute, both knowing and unknowing.
- 15.1.2. Despite section 15.1.1 if you and the other Member are unable to resolve the issue, we will make all reasonable efforts to mediate an equitable outcome. As part of the mediation, we may deduct from the Renter's account the Estimated Market Value as compensation for the Lender after a loss or damage. We may charge a fee of 30% of the Estimated Market Value on top of the money collected for carrying out the mediation.
Disputes between you and HURR:
- 15.2.1. In the event that you have a dispute with us, please contact us directly so a resolution can be found. We will take into account reasonable requests to work through the dispute through alternative dispute resolution methods such as mediation.
- 15.2.2. Any court proceedings must occur within the United Kingdom. If you are resident in England and Wales then the laws of England and Wales shall apply. Alternatively, if you reside in Scotland, then the Scottish law shall apply. If you reside within the European Union than you have applicable consumer protection rights and thus are entitled to bring action within the courts of the country in which you reside.
- 15.1. Disputes between you and another Member:
16.THIRD PARTY RIGHTS
- 16.1. This agreement has not given any right under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy that has been stated within this agreement or exists separate to the Act.
- 17.2. You hereby give your consent to receiving our marketing communications unless you state otherwise.
HURR may take the following actions as necessary:
- 18.1.1. cancel any Rentals, confirmed or otherwise;
- 18.1.2. refuse to list or remove from the Platform any Item Listing, Review, or other Content at HURR’s sole discretion;
temporarily suspend or permanently remove your account from the Platform if you have:
- 184.108.40.206. breached these Terms, applicable laws, regulations or taxation requirements;
- 220.127.116.11. received consistently poor reviews;
- 18.104.22.168. repeatedly cancelled Rentals or neglected to respond to Rental Requests;
- 22.214.171.124. Provided fraudulent, inaccurate, incomplete or outdated information at any point.
The above steps may be taken at the absolute discretion of HURR.
- 18.2. We may transfer rights under the Terms to a third party without having your prior consent.
- 18.3. Our Terms do not create an employment relationship, partnership, agency or joint venture between us and any Member.
- 18.4. We reserve the right to take action against you for breach of these Terms, even if action is taken at a later date.
- 18.5. These Terms shall prevail over any and all preceding agreements. You understand you are not able to rely on any prior agreements.
- 18.6. You understand that your right to use our Service is subject to all applicable laws of the country in which you reside.
- 18.7. In the event that any part of these Terms are found by a court to be unreasonable, unenforceable or void, that part shall be severed and the remainder of the clauses shall be enforceable with such deletion or modification as may be necessary to make it effective and for such period as is found to be reasonable and valid.
- 18.8. Notice to us must be sent by email to firstname.lastname@example.org.
- 18.9. Notice to you shall be sent via email to the address associated with your membership. This shall be deemed to be received on the following day after sending.
- 18.1. HURR may take the following actions as necessary:
- 19.1. We provide a Platform where Lenders post Items to rent for those who wish to rent Items and want to engage in a transaction with the Lender. Consequently, HURR only acts as an intermediary between Renters and Lenders and does not provide any goods or services outside of that scope.
By signing up for our Service you understand that:
- 19.2.1. HURR acts as an intermediary only. We are not a part of the transaction and are not responsible for the acts or omissions of either party.
- 19.2.2. We are not responsible for providing the Item(s) you have requested and we do not guarantee or endorse the Item(s) or content posted by Lenders.
- 19.2.3. HURR is not responsible for any delays in the delivery or return of the Item(s) rented or any loss or damage due to the delivery location provided being unsecured or unsuitable.
20.CONTACT WITH LENDERS
We provide a Platform allowing you to directly contact Lenders and gain more information about the Item you wish to rent. The content of those communications must follow the Lender and Renter Terms, as well as our Terms and should not under any circumstances be used to:
- 20.1.1. send unsolicited publicity or commercial content;
- 20.1.2. exercise psychological pressure on another Member or send them offending content; or
- 20.1.3. attempt to complete a transaction outside our Service for the purpose of Fee Avoidance.
This Platform cannot be used for:
- 20.2.1. contacting someone who does not want to be contacted;
- 20.2.2. abuse or harassment;
- 20.2.3. creating an agreement outside of our service for Fee Avoidance; or
- 20.2.4. unsolicited advertising, promotions, spam or donation requests.
- 20.3. You agree to contact the Lender directly regarding any problems you may have with the Item(s) and the rental transaction.
- 20.1. We provide a Platform allowing you to directly contact Lenders and gain more information about the Item you wish to rent. The content of those communications must follow the Lender and Renter Terms, as well as our Terms and should not under any circumstances be used to:
- 21.1. You understand that in accepting a Rental Request the Lender grants to you a limited license to use the Item(s) for the duration of the Rental Agreement in accordance with these Terms and your agreement with the Lender.
Through your request to rent an Item you consent and warrant that:
- 21.2.1. you have read and accepted the Item description and these Terms before making the request to rent an Item;
- 21.2.2. information in your profile is present and up-to-date;
- 21.2.3. you will not attempt to approach Lenders outside of our Platform for the purpose of Fee Avoidance; and
- 21.2.4. you are able to cover payment for the Item rented, including our Service Fee and the Estimated Market Value for any loss of or damage to the Item. The Estimated Market Value is estimated by the Lender and will prevail unless challenged by the Renter, in which case HURR will make an estimation per clause 12.4;
- 21.2.5. you accept the liability for the Estimated Market Value in the situation of a loss or damage;
- 21.2.6. you guarantee the availability of the funds payable to HURR;
- 21.2.7. you will not engage in Fee Avoidance;
- 21.2.8. You will use a reputable courier or postal service for the purposes of returning the Item to the Lender in a timely manner and in accordance with any dates and/or times agreed in the transaction.
- 21.3. When renting an Item, you acknowledge the Item must be returned before 12pm on the scheduled return date. Responsibility for ensuring the item is returned within the rental period (irrespective of Bank Holidays, weekends or any other days on which the postal service is not operating) rests solely with the Renter.
- 21.4. If you would like to extend the period during which you rent an Item, you may submit a request to the Lender through the Platform to extend the rental period.
- 21.5. Any failure on your part to extend the rental period of an Item and consequently return the Item after the deadline shall result in you being charged a Late Fee in accordance with clause 10.9.
- 21.6. Everytime you rent an Item, there will be an optional £5 damage protection charge to cover any minor stains or damage. This does not cover significant damage or theft. If the Item is damaged beyond repair or never returned you shall be charged the Estimated Market Value of the Item.
22.LIABILITY & WARRANTIES
You hereby represent, warrant and covenant that:
- 22.1.1. Through your request to rent an Item, you explicitly agree with the Estimated Market Value of the Item provided by the Lender. By agreeing, you are accepting liability to pay the Estimated Market Value in circumstances of loss or damage. IF YOU DO NOT AGREE TO THIS YOU SHOULD NOT RENT AN ITEM.
- 22.1.2. If we reasonably believe that you have damaged or lost an Item then we have the right to charge you up to the Estimated Market Value without requiring permission.
- 22.1.3. You are responsible for returning the Item(s) that you rent in the same condition as they were when you received them. You shall not allow any other individual to use the Item(s). Any use of the Item(s) by any other individual is a breach of these Terms.
- 22.2. You are solely responsible for any obligations you may have to pay any applicable taxes and make any required reporting to tax authorities including but not limited to VAT and other sales, rental, tourist, income or other taxes.
- 22.1. You hereby represent, warrant and covenant that:
- 23.1. We encourage you to leave a review of the Item you have rented, make reference to the condition of the Item and overall experience and help the Lender build a good reputation.
When providing a review you understand that:
- 23.2.1. your review will be public and visible on the Lender's account pages;
Your review must not include the following:
- 126.96.36.199. personal information;
- 188.8.131.52. offensive, abusive or harassing images or language;
- 184.108.40.206. unnecessary or inaccurate information;
- 220.127.116.11. anything intended to undermine our integrity as a Service; or
- 18.104.22.168. content aimed at sabotaging the reliability of HURR’s review structure.
- 23.2.3. There shall be no attempt to manipulate reviews in any way.
You accept that the Lender may leave you a review and you acknowledge that:
- 22.214.171.124. reviews left by Lenders shall be public on your own review page; and
- 126.96.36.199. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
- 23.3. We have the right to remove any review we believe has violated our Terms.
- 24.1. HURR provides a Platform for Lenders to post Items to rent for those who wish to rent Items and want to engage in a transaction with the Renter. Consequently, HURR only acts as an intermediary between Renters and Lenders and does not provide any goods or services outside of that scope.
By signing up for our Service you understand that:
- 24.2.1. HURR acts as an intermediary only. We are not a part of the transaction and are not responsible for the acts or omissions of either party.
- 24.2.2. We do not guarantee or endorse the Item(s) or content posted by our Members and are not responsible for providing the Item(s) requested by Renters.
- 24.2.3. HURR is not responsible for the failure by a Renter to treat Items with due care and attention.
- 24.2.4. HURR is not responsible for any delays in the delivery or return of the Item(s) rented or any loss or damage due to the delivery location provided being unsecured or unsuitable.
25.CONTACT WITH RENTERS
We provide a Platform allowing you to directly contact Renters and gain more information about their interest in your Item(s).The content of those communications must follow the Lender and Renter Terms, as well as our Terms and should not under any circumstances be used to:
- 25.1.1. send unsolicited publicity or commercial content;
- 25.1.2. exercise psychological pressure on another Member or send them offending content; or
- 25.1.3. attempt to complete a transaction outside our Service for the purpose of Fee Avoidance.
This Platform cannot be used for:
- 188.8.131.52. contacting someone who does not want to be contacted;
- 184.108.40.206. abuse or harassment;
- 220.127.116.11. creating an agreement outside of our service for Fee Avoidance; or
- 18.104.22.168. unsolicited advertising, promotions, spam or donation requests.
- 25.1.5. You agree to contact the Renter directly regarding any problems you may have with the rental transaction.
- 25.1. We provide a Platform allowing you to directly contact Renters and gain more information about their interest in your Item(s).The content of those communications must follow the Lender and Renter Terms, as well as our Terms and should not under any circumstances be used to:
By advertising your Items for rental through HURR’s Platform you warrant that you:
- 26.1.1. have read and accepted these Terms and the Rental Request before accepting a Rental Request for an Item; and
- 26.1.2. have given a truthful overview of the Item’s characteristics, filling in all information required including but not limited to, accurate recent photographs, and an accurate Estimated Market Value;
- 26.1.3. present up-to-date information in your profile;
- 26.1.4. will not attempt to approach Renters outside of our Platform for the purpose of Fee Avoidance;
- 26.1.5. guarantee the availability of the funds payable to HURR in the case of late cancellation;
- 26.1.6. you will not engage in Fee Avoidance; and
- 26.1.7. will use a reputable courier or postal service for the purposes of delivering the Item to the Renter in a timely manner and in accordance with any dates and/or times agreed in the transaction.
- 26.1. By advertising your Items for rental through HURR’s Platform you warrant that you:
27.LIABILITY & WARRANTIES
You hereby represent, warrant, and covenant that:
- 27.1.1. you own or have the right to provide the Item(s) to the applicable Renter;
- 27.1.2. you will not provide any Item(s) that are defective or malfunction;
- 27.1.3. you will not list any counterfeit Item(s); and
- 27.1.4. you will accept the Estimated Market Value set by HURR for any Item.
- 27.2. You are solely responsible for any obligations you may have to collect any applicable taxes and make any required reporting to tax authorities including but not limited to sale, rental, tourist, income or other taxes and for determining the applicability of VAT.
- 27.1. You hereby represent, warrant, and covenant that:
- 28.1. We encourage you to leave a review of the Renter, make reference to the overall experience and help the Renter build a good reputation.
When providing a review you understand that:
- 28.2.1. your review will be public and visible on the Renter's account pages;
Your review must not include the following:
- 22.214.171.124. personal information;
- 126.96.36.199. offensive, abusive or harassing images or language;
- 188.8.131.52. unnecessary or inaccurate information;
- 184.108.40.206. anything intended to undermine our integrity as a Service; or
- 220.127.116.11. content aimed at sabotaging the reliability of HURR’s review structure.
- 28.3. There shall be no attempt to manipulate reviews in any way.
You acknowledge that a Renter may leave a comment about their experience with you and you accept that:
- 28.4.1. the review will be public on your own review page; and
- 28.4.2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
- 28.5. HURR is entitled to remove any review that we believe has violated our Terms.
Before using our Service as a Renter, ensure you fully understand, read and agree to abide by the following rules.
Before using our Service as a Lender, ensure you fully understand, read and agree to abide by the following rules.
Last updated: 5th October 2018.