Terms of Service

Last updated January 2020

About Us:

HURR is the UK’s first peer-to-peer wardrobe rental platform. The HURR Collective Services allows Members to rent and lend clothes and accessories to other Members, with HURR providing the online platform for Members to display their Items and HURR acting only in the capacity as an intermediary between Renters and Lenders.  

For information on how we collect, store and process your personal data please refer to our Privacy Policy and information on our cookies, please refer to our Cookie Policy. Please be aware that you are bound by any third party terms and conditions which are incorporated into these Terms by reference, in addition to our own.  

All Users of the HURR Collective Services are required to read, accept and agree to comply with these Terms (including the Privacy Policy and Cookie Policy) and any third party terms referred to in these Terms or on the HURR Collective Platform. If you do not wish to accept the Terms or any third party terms associated with the HURR Collective Services, you should not register and MUST stop using our HURR Collective Services immediately.

HURR reserve the right to accept or reject any membership application for an account to use the HURR Collective Services at our sole and absolute discretion.

DEFINITIONS:

Content: any photos, text, audio or video clips, or any other information posted to the HURR Collective Services.

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 final and binding on both Lender and Renter. The estimate 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 Users to alternative sites or directly communicating with Users for the purpose of completing a transaction outside of the HURR Collective Services.

Fit Guarantee: Under HURR’s 100% Fit Guarantee the Renter is entitled to a Rental Fee refund (less dry cleaning and delivery fees) should the item not fit. To claim the Fit Guarantee, the Renter must select “Request Fit Guarantee” found on their Dashboard within 24 hours of the Rental Commencement Date to confirm the item does not fit.

The Renter must then return the item within 48 hours of the Rental Commencement Date, providing the Lender with proof of postage. HURR will process any refund once proof of postage has been received. Late fees will apply as per clause 9.8.1.

HURR: HURR Limited, HURR Collective, HURR, we, us, our.

HURR Collective Platform: the website www.hurrcollective.com and/or the mobile application made available by HURR.

HURR Collective Service(s): means the HURR Collective Platform and services and Content provided through the HURR Collective Platform  including the facilitation of peer-to-peer wardrobe rentals of clothing and accessories.

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): items including but not limited to: dresses, bags, tops, shoes, accessories, jumpsuits, trousers, skirts and outerwear.

Lend/Lending: to lend an Item(s) via the HURR Collective Services for a fee from a Renter  subject to the Lender’s Terms.

Lender(s): A Member who uploads information about Items available to rent through the HURR Collective Services subject to these Terms.

Lenders’ Terms: the additional terms incorporated into these Terms that apply to Lenders set out at Clauses 23-27 of these Terms.

Listing: means your Item listing for Rent on the HURR Collective Platform.

Member(s): any individual who has registered and been accepted to use the HURR Collective Services as a Lender or Renter. Members log in to access the HURR Collective Services, 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. 

Rent/Renting/Rental: to rent an Item(s) via the HURR Collective Services 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 HURR Collective Services and as detailed in your confirmation email and account dashboard.  

Rental Fee: means the fee to Rent the Item as set by the Lender.

Rental Period: the length of time the Item is available for as set out on the HURR Collective Services. The Rental Period is measured from the date the Rental is due to start as booked on the HURR Collective Services (and includes 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 Member who wishes to rent goods available through the HURR Collective Services subject to these Terms.

Renters’ Terms: the additional terms incorporated into these Terms that apply to Renters set out at Clauses 18-22 of these Terms.

Review: a brief summary of a Renter or Lender’s experience of Renting or Lending an Item through the HURR Collective Services. Reviews will be visible on both the Renter and Lender’s profiles.

Security Deposit: means the optional security deposit amount set by the Lender which shall be held on the Renter’s payment card until the Item is returned and confirmed that it is in good condition with no damage.

Service Fee: has the meaning given to it in Clause 9.1.1.

Terms: means these terms, Terms and Conditions and Terms of Service, the Privacy Policy and Cookie Policy.

User(s): both Members and Visitors.

Visitor(s): people who are visitors to the HURR Collective Services and are not yet registered as Members.

  1. WHO WE ARE

The HURR Collective Services are 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 85 Great Portland Street, First Floor, London, W1W 7LT. If HURR need to contact you it will be by telephone or by writing to you at the email or postal address you have provided to us when you register.

We value hearing from our Users and are always interested in learning about ways we can improve the HURR Collective Services, please feel free to email us at [email protected].

When we use the words writing or written in these terms, this includes email.

  1. HURR’S ROLE 
  1. HURR’s role is as an intermediary only. The HURR Collective Services connects Lenders and Renters to facilitate the sharing of clothing and accessories on a peer-to-peer basis as follows:
  1. We allow Lenders to use the HURR Collective Services to list Items to Rent to other HURR Members.
  2. We allow Renters to use the HURR Collective Services to rent Items from other HURR Members.
  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.
  4. Although we attempt to provide the HURR Collective Services to ensure it is beneficial for both the Lender and Renter, HURR cannot be held liable for the conduct of Users of the HURR Collective Services.
  5. We have the right to remove or request the 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 these Terms, the Renters' Terms or Lenders' Terms, written notice of the removal or request to withdraw will be provided to the parties involved.
  1. When you use HURR as a Lender:
  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 the Terms.
  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. 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 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.
  1. When you use HURR as a Renter:
  1. When Renting 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 the Terms.
  2. You are also aware that the Lender is not acting on behalf of HURR. Any agreement that forms through Renting 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. 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 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.
  1. CHANGES

3.1        HURR retains the right to make changes to the HURR Collective Services and these Terms to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements to the HURR Collective Services or the way we offer the HURR Collective Services to you, for example to respond to a security threat.  These changes will not materially affect your use of the HURR Collective Services. You should revisit these Terms each time you use the HURR Collective Services in case they have changed.

3.2        HURR is always looking at ways to improve the HURR Collective Services to try and find new and innovative features and improvements to our services.  In order to do this, we may need to update, reset, stop offering and/or supporting a particular aspect or feature of the HURR Collective Services.  These changes may affect your past activities, features you use and Content you have posted and any other information you have submitted to the HURR Collective Platform.  Subject to Clause 3.3, once we have made the changes to any part of the HURR Collective Services, your continued use of the HURR Collective Services will show that you have accepted any changes to the HURR Collective Services.  

3.3        In the event that we make any significant changes to the HURR Collective Services or these Terms we will notify you and you may have the right to end these Terms before the changes take effect.

  1. ACCESS AND AVAILABILITY
  1. We will use all reasonable endeavours to ensure that the HURR Collective Services are fully operational at all times. However, we do not guarantee that the HURR Collective Services or any Content on it, will always be available or be uninterrupted.
  2. Access to the HURR Collective Services are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of the HURR Collective Services without notice. We will not be liable to you if for any reason the  HURR Collective Services are unavailable at any time or for any period.
  3. You are responsible for making all arrangements necessary for you to have access to the HURR Collective Services. You are also responsible for ensuring that all persons who access the HURR Collective Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  4. We reserve our right to restrict, suspend or terminate your use of the HURR Collective Services or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and other applicable terms and conditions.
  1. USE OF THE HURR COLLECTIVE PLATFORM
  1. In order to access and make use of the HURR Collective Services you must register an account and become a Member. It is possible to register an account in a personal capacity or for a company or other legal entity. To activate your account, you must confirm via the email confirmation you will receive.  You will then be free to access the non-transactional functionality of the HURR Collective Services.  To be able to use the transactional functionality i.e. to Rent Items you must complete registration through Passbase. By applying for this functionality, you accept the Passbase Terms of Service form part of these Terms. To comply with legal requirements we may require identity documentation e.g. passport to be able to verify your identity and enable us to open your account. We reserve the right to send any identity documentation provided to us by our verification provider, Passbase, through to our payment processor, Stripe. The information is sent via an API from Passbase to Stripe. You can read more about how Passbase will manage your personal data here, and how Stripe will manage personal data here.
  2. Use of the HURR Collective Services 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). 
  3. Unless otherwise explicitly permitted by HURR you may register one (1) account.
  4. To create an account, you confirm that:
  1. you are over 18 and capable in your country of residence of entering into a legally binding agreement;
  2. you will complete our identity verification process carried out by our third party verification provider Passbase. By applying to become a Member you accept  the Passbase Terms of Service form part of these Terms;
  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;
  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 protected];
  5. you are responsible for maintaining the confidentiality of your account details and for any activities that occur under your account.  If you have any concerns that your account may have been misused, you should contact us at [email protected] and
  6. you have all relevant rights, licenses and/or approvals in relation to any material or Content you post on the HURR Collective Services.
  1. 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 Amazon). 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 your social media account.
  2. When you use the HURR Collective Services you accept that you will not:
  1. breach any applicable laws or regulations that apply;
  2. breach any of the Terms;
  3. when acting as a Lender, breach any of the Lenders' Terms;
  4. when acting as a Renter, breach any of the Renters' Terms;
  5. post or take any threatening, abusive, defamatory, obscene, inappropriate action or post any indecent material, or material or action that is invasive of another’s privacy (including but not limited to other Users and HURR employees);
  6. share or otherwise upload or communicate any misleading or false information or messages of any kind;
  7. use the HURR Collective Services to intentionally deceive other Users;
  8. use the HURR Collective Services to stalk or otherwise harass another User;
  9. use the HURR Collective Services if we have suspended or banned you from using it;
  10. infringe the Intellectual Property Rights of any third-party;
  11. distribute any viruses or any other technologies that may harm the HURR Collective Services or its Users;
  12. interfere with the proper working of the HURR Collective Services;
  13. copy, modify, or distribute any other person’s Content without their consent;
  14. use any robot, spider, scraper or other automated means to access the HURR Collective Services and/or collect Content  or data for any purpose;
  15. collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
  16. copy, modify or distribute rights or Content or collect data from the HURR Collective Services, applications or tools or otherwise infringe HURR’s Intellectual Property Rights;
  17. bypass, disable or attempt to disable any security measures used in connection with the HURR Collective Services;
  18. collect any data (including personal data) from the HURR Collective Services other than in accordance with these Terms and applicable laws;
  19. sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
  20. write and post reviews that are anything other than true and accurate to the best of your knowledge; or
  21. impersonate any person or misrepresent your affiliation with a person or entity.
  1. It is explicitly prohibited to use our Member-to-Member communication system to send content that violates these Terms 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.
  2. 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.
  3. 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 activities 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.
  1. THE HURR COLLECTIVE SERVICES
  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 HURR Collective Services for your personal use.
  2. You understand that your use of the HURR Collective 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 HURR Collective Services in accordance with these Terms.
  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 Collective Services other than for your own personal use.
  4. You agree that you will not reverse engineer, copy or otherwise attempt to discern the source code, algorithms or underlying ideas of the HURR Collective Services nor will you allow any other individuals or third parties to do so.
  5. You must not misuse our HURR Collective Services 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 the HURR Collective Services, the server on which our HURR Collective Services is stored or any server, computer or database connected to the HURR Collective Services. You must not attack our HURR Collective Services 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 HURR Collective Services will cease immediately.
  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.
  1. INTELLECTUAL PROPERTY
  1. We are the owner or the licensee of all Intellectual Property Rights in the HURR Collective Services and any services associated with it, 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.
  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 HURR Collective Services or the Content on our HURR Collective Services unless given express written permission to do so by us.  
  3. You have no Intellectual Property Rights arising from the HURR Collective Services and you will not use the material on our HURR Collective Services 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 HURR Collective Services.
  4. You must not extract or otherwise use any Content or data on the HURR Collective Platform for commercial purposes.
  1. CONTENT UPLOADED BY HURR MEMBERS AND LISTINGS
  1. You expressly acknowledge and agree that Content and certain data you submit for inclusion on the HURR Collective Services will be accessible by others. You expressly acknowledge that you are waiving any rights to confidentiality or privacy for any Content which you make available, including, without limitation, any personally identifying information that you may make available.
  2. You acknowledge and accept that any Content that you upload onto the HURR Collective Services is wholly your responsibility. You warrant that you have the necessary rights for the Content that you upload on the HURR Collective Services and any publication of said Content will not infringe upon the 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.
  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).
  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 these Terms or is unsuitable HURR is able to remove any Content at its sole discretion.
  5. You acknowledge that, though we will do our best to monitor and maintain the accuracy of information on the HURR Collective Services, 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.
  6. You retain all Intellectual Property Rights in and to your own Content. By uploading your Content on to the HURR Collective Services 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 HURR Collective Services.
  7. You acknowledge and agree that Content you upload to the HURR Collective Services including but not limited to the Listing 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 HURR Collective Services.
  8. HURR’s use of information from third parties:
  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 HURR Collective Services.
  2. In the event we add information from third parties to an Item as per Clause 8.8.1 you may not have the opportunity to approve any changes to the Content prior to the Content being uploaded to the HURR Collective Services. 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: [email protected].
  1. 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 8.11.
  2. If any of the Content posted or submitted to the HURR Collective Services 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 protected].
  3. HURR’s right to remove Content:
  1. Without any delay or notice, HURR may promptly remove (or ask you to remove) any Content from the HURR Collective Services; permanently or temporarily restrict your ability to upload any additional content on the HURR Collective Services; restrict your ability to Rent or Lend an Item through the HURR Collective Services; temporarily or permanently disable your access to the HURR Collective Services or take any other action that we believe is necessary if we believe:
  1. you have breached or are not acting in a manner consistent with these Terms;
  2. 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;
  3. the Items which are uploaded are either not correct or not accurate;
  4. you have been trying to partake in Fee Avoidance or fraudulent activity; or
  5. it is necessary to do so by law or to ensure protection of the interests of HURR’s Users.
  1. 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.  
  1. FEES AND CHARGES
  1. There are four applicable fees to any transaction:
  1. The Service Fee:
  1. as a Lender, you agree to pay HURR a commission of 15% of the Rental Fee; and
  2. as a Renter, you agree to pay HURR a commission of 15% of the Rental Fee, (together, the "Service Fee").
  1. The Rental Fee.
  2. An optional £5 damage protection charge to cover any minor stains or damage to each Item; and
  3. The Security Deposit. Once the Item has been returned and confirmed that it is in good condition with no damage any applicable Security Deposit shall be returned within 10 days. In the event that damage is caused you may be charged up to the Estimated Market Value automatically.
  1. Each time there is a transaction between a Lender and Renter for an Item that is available for rent:
  1. As the Lender, you agree to pay HURR a 15% Service Fee per Clause 9.1.1 above;
  2. As the Renter, you agree to pay HURR a 15% Service Fee per Clause 9.1.1 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, the optional damage protection charge and Security Deposit (if applicable) and up to the Estimated Market Value in the event that you cause any damage to the Item.

  1. HURR will release the payment to the Lender within 5 days of the Rental Commencement Date.
  2. We work with Stripe to manage our secure payment process:
  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 Stripe Services Agreement as well.
  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.
  3. From time to time Stripe may require further identification checks, to be able to use the HURR Collective Services and you will need to provide the further information requested.
  1. 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 the HURR Collective Services and circulating a notification email to our Members.
  2. Additionally, there may be changes to our fees during our promotional events or if any new Services are added.
  3. You have agreed that you use HURR for a particular Service and you will not attempt to complete transactions outside the HURR Collective Services 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 the HURR Collective Services 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.
  4. If, as a Renter, you do not return the Item before 12am on the final day of the Rental Period, you agree you will be charged the following fees:
  1. a £25 late fee each day after the last day of your Rental;
  2. the applicable Rental Fee pro rata to the number of days you keep the Item;
  3. all applicable taxes to the transaction; and
  4. any reasonable legal expenses incurred by the Lender in retrieving the Item(s).
  5. The funds will be taken from your account to cover such charges without your permission being sought.
  1.  CANCELLATION POLICY
  1. Cancelling as a Renter:
  1. As a Renter, if you decide that you no longer want to Rent then subject to Clauses 10.1.2. and 10.1.3 you can cancel free of charge within 48 hours of your Rental Request by visiting the My Rentals section of your account or by sending us an email to [email protected] with full details on the Rental you wish to cancel.
  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.
  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.
  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 two (2) hours of submitting the Rental Request without penalty. Once the two hours has elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Rental and Service Fees.   Any Security Deposit being held shall be returned to you within 7 days of cancellation.
  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.
  1. Cancelling as a Lender:
  1. A Lender may cancel free of charge within 48 hours of the Rental Request being made.  
  2. If you decide to cancel a Rental Request after the 48 hours immediately following the Rental Request but prior to the 48 hours immediately preceding the Rental Commencement Date, we reserve the right to invoice and charge you a cancellation fee of 30% of the Rental Fee payable to HURR to cover administrative costs.  
  3. If a Lender cancels a confirmed Rental, the Renter will receive a full refund of all fees paid by them for this Rental.
  4. In the event you choose to accept a Rental Request submitted within 48 hours of the Rental Commencement Date you will have two (2) hours to cancel without penalty. Once the (2) two hours have elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Service Fees.
  5. In the event you cancel a confirmed Rental, HURR reserves the right to publish an automated review indicating that you cancelled the Rental.
  6. Further, if you cancel a Rental other than in accordance with 10.2:
  1. HURR may choose to keep the Item unavailable or blocked for the duration of the cancelled Rental via the calendar on the Listing.
  2. HURR may impose a cancellation fee as it deems appropriate.
  1. HURR MEMBER’S LIABILITY
  1. The Terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.
  2. When providing information through the HURR Collective Services, you must give true and accurate details of the condition of the Item(s) and detail of what is included or noticeably absent.
  3. You are responsible for having sufficient funds available to replace the Item(s) should you lose or damage the Item(s).  
  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.
  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.  
  1. 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.
  2. 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.
  3. 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.
  1. HURR’S LIABILITY
  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.
  2. HURR shall exercise all reasonable care and skill in connection with the HURR Collective Services. HURR does not endorse or guarantee any Member or User of the HURR Collective Services or make any assertions as to trustworthiness. You Rent or Lend Items at your own risk.  
  3. HURR is not responsible for the acts or omissions of a third party using the HURR Collective Services. We act as an intermediary in regards to the transaction between the Renters and Lenders on the HURR Collective Services. We do not accept any liability for either party’s performance within the transaction.
  4.  HURR shall not be responsible for the following:
  1. Any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;
  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;
  3. any loss which did not result from our direct breach;
  4. the failure to meet our obligations or to provide the HURR Collective Services 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 HURR Collective Services not confined to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
  1. 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.
  2. Any direct damages that are suffered as a result of your use of the HURR Collective Services (including the HURR Collective Platform and Content) shall be limited to the monies you have paid to HURR in connection with your use of the HURR Collective Services during the three (3) months immediately preceding the events giving rise to the claim.  For the avoidance of doubt this does not include any monies you have paid in respect of the Rental.
  1. STOPPING YOUR USE OF HURR’S SERVICES
  1. You may cease using the HURR Collective Services at any time (outside of any active Rentals) by requesting that your account be deactivated via email at [email protected].
  1. DISPUTES
  1. Disputes between you and another Member:
  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.
  2. Despite Clause 14.1.1 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 (Mediation Costs).
  1.  Disputes between you and HURR:
  1. In the event that you have a dispute with us, please contact us directly so a resolution can be found. We will consider reasonable requests to work through the dispute through alternative dispute resolution methods such as mediation.
  2. Any court proceedings must occur within the United Kingdom. If you are a 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, in respect of any consumer protection rights you have then you are entitled to bring action within the applicable EU courts.  
  1. THIRD PARTY RIGHTS
  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.
  1. PERSONAL INFORMATION
  1. Through using the HURR Collective Services, you have given explicit consent for us to collect, transfer, store and use your personal information as stated in the Privacy Policy. You have agreed that we may use your information for a number of things including any verification checks that we deem necessary from time to time.  
  1. GENERAL
  1. HURR may take the following actions as necessary:
  1. cancel any Rentals, confirmed or otherwise;
  2. refuse to list or remove from the HURR Collective Services any Item Listing, Review, or other Content at HURR’s sole discretion;
  3. temporarily suspend or permanently remove your account from the HURR Collective Services if you have:
  1. breached these Terms, applicable laws, regulations or taxation requirements;
  2. received consistently poor reviews;
  3. repeatedly cancelled Rentals or neglected to respond to Rental Requests;
  4. Provided fraudulent, inaccurate, incomplete or outdated information at any point.

                The above steps may be taken at the absolute discretion of HURR.

  1. We may transfer rights under the Terms to a third party without your prior consent.
  2. Our Terms do not create an employment relationship, partnership, agency or joint venture between us and any Member.
  3. We reserve the right to take action against you for breach of these Terms, even if action is taken at a later date.
  4. These Terms shall prevail over any and all preceding agreements. You understand you are not able to rely on any prior agreements.
  5. You understand that your right to use the HURR Collective Services is subject to all applicable laws of the country in which you reside, and you agree that you shall comply with all applicable laws at all times in connection with the HURR Collective Services.
  6. 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.  
  7. Notice to us must be sent by email to [email protected].  
  8. 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.

RENTER’S TERMS

Before using the HURR Collective Services as a Renter, ensure you fully understand, read and agree to abide by the following rules.

  1. HURR’S ROLE
  1. We provide the HURR Collective Services 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.
  2. By signing up to use the HURR Collective Services  you understand that:
  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.
  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.
  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.
  1. CONTACT WITH LENDERS
  1. We provide the HURR Collective Services 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 these Terms and should not under any circumstances be used to:
  1. send unsolicited publicity or commercial content;
  2. exercise psychological pressure on another Member or send them offending content; or
  3. attempt to complete a transaction outside the HURR Collective Services for the purpose of Fee Avoidance.  
  1. The HURR Collective Services cannot be used for:
  1. contacting someone who does not want to be contacted;
  2. abuse or harassment;
  3. creating an agreement outside of the HURR Collective Services for Fee Avoidance; or
  4. unsolicited advertising, promotions, spam or donation requests.
  1. You agree to contact the Lender directly regarding any problems you may have with the Item(s) and the Rental transaction.
  1. RENTAL TRANSACTIONS
  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.
  2. By submitting a Rental Request, you consent and warrant that:
  1. you have read and accepted the Item description and these Terms before making the request to Rent an Item;
  2. your profile information will be up-to-date;
  3. will not attempt to approach Lenders outside of our HURR Collective Services (including for the purpose of Fee Avoidance); and
  4. you are able to cover payment for the Rental, including our Service Fee, the Security Deposit, Estimated Market Value and the Mediation Costs (in the event of a dispute) 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;
  5. you accept that you could forfeit the Security Deposit and are liable for up to the  Estimated Market Value and Mediation Costs in the situation of a loss or damage;
  6. you guarantee the availability of the funds payable to HURR;
  7. you will not engage in Fee Avoidance;
  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.
  1. 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.
  2. If you would like to extend the period during which you Rent an Item, you may submit a request to the Lender through the HURR Collective Services to extend the Rental Period.
  3. 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 9.8.
  4. Every time you Rent an Item, there will be an optional £5 damage protection charge to cover any minor stains or damage and if applicable a Security Deposit. 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.   You acknowledge that you will be solely responsible for any Items you have rented, including compensating the Lender for any loss or damage to those items.  You will also be responsible for any damage you cause to other people or property when you use those Items.
  5. You expressly acknowledge that the Lender (and not HURR) is responsible for ensuring that Items conform to any descriptions provided and HURR is not responsible for any items you Rent through the HURR Collective Services.
  1. LIABILITY & WARRANTIES
  1. You hereby represent, warrant and covenant that:
  1. Through your Rental Request, 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.  
  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.
  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.
  1. 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.
  1. REVIEWS
  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.
  2. When providing a review, you understand that:
  1. your review will be public and visible on the Lender's account pages;
  2. Your review must not include the following:
  1. personal information;
  2. offensive, abusive or harassing images or language;
  3. unnecessary or inaccurate information;
  4. anything intended to undermine our integrity; or
  5. content aimed at sabotaging the reliability of HURR’s review structure.
  1. There shall be no attempt to manipulate reviews in any way.
  2. You accept that the Lender may leave you a review and you acknowledge that:
  1. reviews left by Lenders shall be public on your own review page; and
  2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
  1. We have the right to remove any review we believe has violated these Terms.

LENDER’S TERMS

Before using the HURR Collective Services as a Lender, ensure you fully understand, read and agree to abide by the following rules.

  1. HURR'S ROLE
  1. HURR provides the HURR Collective Services 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.
  2. By signing up for the HURR Collective Services you understand that:
  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.  
  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.
  3. HURR is not responsible for the failure by a Renter to treat Items with due care and attention.  
  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.
  1. CONTACT WITH RENTERS
  1. We provide the HURR Collective Services 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 Lenders’ and Renters’ Terms, as well as these Terms and should not under any circumstances be used to:
  1. send unsolicited publicity or commercial content;
  2. exercise psychological pressure on another Member or send them offending content; or
  3. attempt to complete a transaction outside the HURR Collective Services for the purpose of Fee Avoidance.
  4. The HURR Collective Services cannot be used for:
  1. contacting someone who does not want to be contacted;
  2. abuse or harassment;
  3. creating an agreement outside of the HURR Collective Services for Fee Avoidance; or
  4. unsolicited advertising, promotions, spam or donation requests.
  1. You agree to contact the Renter directly regarding any problems you may have with the Rental transaction.
  1. LENDING TRANSACTIONS
  1. By advertising your Items for Rental through the HURR Collective Services you warrant that you:
  1. have read and accepted these Terms;
  2. shall review the Rental Request before accepting a Rental Request for an Item;
  3. 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;
  4. the Items will conform to any descriptions provided, will be fit for purpose  and safe to use;
  5. present up-to-date information in your profile;
  6. will not attempt to approach Renters outside of our HURR Collective Services for the purpose of Fee Avoidance;
  7. guarantee the availability of the funds payable to HURR in the case of late cancellation;
  8. you will not engage in Fee Avoidance; and
  9. 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.
  1. You agree that HURR has the right to increase the Rental Fee of any Item you list on the HURR Collective Services based on the demand for that Item or similar Items. You also agree that HURR has 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).
  2. You are solely responsible for complying with any obligations you have under these Terms and applicable law with respect to the Items which you provide through the HURR Collective Services, including giving effect to Renters’ rights under applicable law and compensating any damage occurred by the Renter or any other person caused to Items should such law hold you accountable.
  1. LIABILITY & WARRANTIES
  1. You hereby represent, warrant, and covenant that:
  1. you own or have the right to provide the Item(s) to the applicable Renter;
  2. you will not provide any Item(s) that are defective or malfunction;
  3. you will not list any counterfeit Item(s); and
  4. you will accept the Estimated Market Value set by HURR for any Item.
  1. 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.  
  1. REVIEWS
  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.
  2. When providing a review, you understand that:
  1. your review will be public and visible on the Renter's account pages;
  2. Your review must not include the following:
  1. personal information;
  2. offensive, abusive or harassing images or language;
  3. unnecessary or inaccurate information;
  4. anything intended to undermine our integrity as a Service; or
  5. content aimed at sabotaging the reliability of HURR’s review structure.
  1. There shall be no attempt to manipulate reviews in any way.
  2. You acknowledge that a Renter may leave a comment about their experience with you and you accept that:
  1. the review will be public on your own review page; and
  2. any behaviour aimed at modifying the content of reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
  1. HURR is entitled to remove any review that we believe has violated these Terms.

We are uploading your image...

(This may take a few moments for large files or a slow connection)