LendoCare Terms and Conditions
When hiring through LendoCare you are agreeing to enter into a binding contract with our equipment suppliers.
LendoCare Terms of Service
By creating a LendoCare account or entering into any form of transaction with LendoCare, you are agreeing to these terms of service. You agree that an account will be made for you with Stripe using the same details, in order to allow you to use the LendoCare service. Stripe handles the payments of your transaction. Full terms and conditions are available on this page.
Rental Fees
The LendoCare platform allows you as a renter to enter into hire agreements with our suppliers, the equipment owners. You agree to pay for your selected hire period and are obligated to pay your fees if entering into a flexible rental agreement, which are outlined at point of booking.
Ownership of Goods
When you agree to hire an item, the supplier of the item grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.
Use of the Equipment
The customer agrees to use the equipment in a good and careful manner and will comply with the manufacturers requirements and recommendations respecting the Equipment and within any applicable law, whether local, state, or federal respecting the use of the Equipment, including but not limited to, environmental and copyright law.
The Equipment will be used for the purpose for which it was designed and not for any other purpose.
Unless you obtain the prior written consent of LendoCare, you may not alter, modify, or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
Loss and Damage
Prior to every rental the products are checked for quality control. You agree to keep the equipment in good repair, appearance and condition, moral and reasonable wear and tear excepted.
To the extent permitted by law, you will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.
Once the item has been returned it will be assessed for any damage.
If the Equipment is not in good repair, appearance, and condition when it is returned, we may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal wear and tear excepted. The said repairs will be made within a reasonable time of taking possession of the Equipment and will give you written notice of any invoices for the said repairs, and you agree to pay for any amounts they deem due within 7 days of being notified, which will happen within 7 working days of receiving your item back.
If the item is lost or damaged beyond repair, you must provide us with prompt written notice of the total loss, and will be charged the Replacement Value.
You may, but are not obliged to, enforce any warranty that we have against the supplier or manufacturer of the Equipment.
Late Fees
If there is any outstanding balance on your account the outstanding amount will accrue 15% interest for each month that the payment is overdue.
Price and Payment
You agree to pay:
- The full rental Cost
- Delivery Charges
- Charges for rental extensions
Full costs associated with loss, theft, destruction, damage, diminution of the equipment’s value caused by damage, repair and loss of use of the equipment
In the event of non-return, all costs associated with locating and recovering the equipment or failing this, the cost of replacing the supplier equipment at the current recommended retail price.
Default
If you owe LendoCare money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, LendoCare may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
If you miss subscription payments and are uncommunicative with LendoCare, you agree that Baboodle can take a holding deposit or charge you up to the full value of the items you have rented. This deposit will be fully refunded upon receipt of the item, unless the item requires repair, replacement or if you do not continue to pay the remaining amount on your subscription.
If the deposit is not able to be collected and you do not continue to pay the remaining amount on your subscription we shall be entitled to pursue you with legal action for the full retail value of the items, and your use of the platform will be permanently suspended. Non-communication will be regarded as theft and treated as such with the appropriate authorities and legal recourse.
If equipment is not returned, LendoCare reserves the right to take any and all necessary actions (including law enforcement and legal action) to locate, recover and regain possession of the equipment. You waive any and all damage occasioned by such taking of possession.
If recovery of the equipment is not possible, you will be responsible and agree to pay for the cost of replacing the equipment at their current recommended retail price.
If you breach the Terms of this Agreement by not returning the equipment or not paying for the cost of replacing the equipment, LendoCare reserves the right to take any and all measures necessary (including lawfully entering your premises and repossessing the equipment or otherwise) to terminate this agreement at any time. Any expense incurred by LendoCare in the recovery of the equipment or any fees or expenses payable by you under this contract shall be payable in full. Payment of any lesser sum than the amount due shall not discharge your obligations under this agreement.
Non-affiliation
LendoCare’s mission is centred around reducing the number of products that end up in landfill and support the growth of the circular economy.
However, we are not affiliated, associated, or in any way officially connected with any of the companies and/or brands mentioned on our website or their subsidiaries or affiliates, unless otherwise stated.
The names of these companies, as well as related names, marks, emblems, brands, and images, are registered trademarks of their respective owners.
If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement.
Limitation of Liability
LendoCare and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, disclaims all liability in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and shall not be liable for any indirect, or consequential loss. LendoCare shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, as well as the following types of financial loss; loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.
Where any matter gives rise to a valid claim against LendoCare its liability shall be limited to a sum equal to the sum paid for the Service supplied under this Agreement in the year the claim arises.
Nothing in these terms shall seek to exclude or limit liability for infringement, death, or for breach of its obligation under s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982 or fraudulent misrepresentation.
By agreeing to these terms you further agree not to make claim or take proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise.
By using the LendoCare platform you understand the following:
You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for your participation; and,
You willingly agree to comply with the stated and customary terms and conditions for participation. If, however, you observe any unusual significant hazard during your rental, you will remove yourself from participation and bring such to the attention of LendoCare Limited immediately; and,
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the releases, with respect to any and all injury, illness, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law; and,
You agree that LendoCare's suppliers will have no liability of any kind arising from or relating to these paid services terms and conditions, or your lease.
Indemnity
Users agree to indemnify, defend and hold LendoCare, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by LendoCare or its parents, subsidiaries, affiliates, officers or employees in connection with the User’s use of the Platform in breach of this Agreement.
GDRP compliance information can be found on our privacy policy page (https://www.lendocare.com/privacy-policy).
LendoCare only provides a platform that enables users to rent items, but does not rent or lend items itself. We regularly monitor the quality of the items made available for hire by our suppliers through the LendoCare Service.
As such, the supplier (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you hire through the LendoCare Service.
Our suppliers are responsible for complying with any obligations they may have under applicable law with respect to the items that you provide for hire, including giving effect to renters' rights under applicable consumer law and compensating any damage to the renter or any other person caused by their items.
If you are a renter, you will be responsible for the proper care and return of any items you hire through the LedoCare Service. You will not normally be held liable for compensating the supplier for accidental loss or damage to those items unless loss or damage is the result of negligence, forgetfulness, carelessness, improper use, not having the appropriate skills or experience to operate those items, and theft. The LendoCare Service will determine if you are liable under these circumstances. You will be responsible for any damage you cause to other people or property when you use those items.
Your relationship with us
This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using the LendoCare Service.
Additional terms will apply to you depending on whether you are a renter or supplier. Please refer to paragraph 11 if you are a renter.
By accessing and using the LendoCare Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the LendoCare Service.
Information about us
LendoCare Ltd is a company registered in England, with its registered address at Worthy House, 14 Winchester Road, Basingstoke, Hampshire, United Kingdom, RG21 8UQ.
Information about you
Your privacy is important to us. You should read our Privacy Policy (https://www.lendocare.com/privacy-policy) to understand how we collect, use and share information about you.
The LendoCare Service
The LendoCare Service allows suppliers to advertise items for hire, and to communicate and enter into agreements with renters for the hire of those items.
Setting up your account
To access the LendoCare Service, you must set up an account using your email address (your "Account"). You will need to create a password for your Account – we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the LendoCare Service. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.
You are responsible for maintaining the confidentiality of your login 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] straight away to let us know.
Your right to use the LendoCare Service
The materials and content comprising the LendoCare Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the LendoCare Service in accordance with these Terms of Service.
Your right to use the LendoCare Service is personal to you and you are not allowed to give this right to any other person. Your right to use the LendoCare Service does not stop us from giving other people the right to use the LendoCare Service.
Unless allowed by these Terms of Service or as permitted by the functionality of the LendoCare Service, you agree:
(a) not to copy, or attempt to copy the LendoCare Platform or any other portion of the LendoCare Service;
(b) not to give or sell or otherwise make available the LendoCare Platform or any other portion of the LendoCare Service to anybody else;
(c) not to change, or attempt to change the LendoCare Platform or any other portion of the LendoCare Service in any way;
(d) not to look for or access the code of the LendoCare Platform or any other portion of the LendoCare Service that we have not expressly published publicly for general use.
You agree that all confidential information, copyright and other intellectual property rights in the LendoCare Platform or any other portion of the LendoCare Service belong to us or the people who have licenced those rights to us.
You agree that you have no rights in or to the LendoCare Platform or any other portion of the LendoCare Service other than the right to use and access them in accordance with these Terms of Service.
Renter Specific Terms
This paragraph applies to you if you are a renter.
When you agree to hire an item with a supplier, the supplier grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.
You are responsible for ensuring that:.
(a) you are legally allowed to use any item that you borrow through the LendoCare Service;
(b) you comply with all applicable law when using the item;
(c) you comply with any reasonable directions provided by the owner in order to use the item safely;
(d) you return the item in the same condition as it was in when you collected it from the owner (any reasonable wear and tear excepted).
You must ensure that you return any items you have hired to the supplier at the end of your hire period.
You will be responsible for any loss of or damage to the item you have hired as a result of negligence, carelessness, improper use, not having the appropriate skills or experience to operate those items, and theft. The LendoCare Service will determine if you are liable under these circumstances. Please see paragraph 15 for more information about how we handle disputes between renters and suppliers, including any if the item is damaged, lost or stolen.
You can cancel a request up to 48 hours after the hire booking is submitted, known as the ‘cooling off period’. If you cancel within the cooling off period you will receive a full refund. There is no cooling off period if the request is within 48 hours of the hire start date.
If you fail to return an item by the agreed deadline you must contact LendoCare as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. We may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the supplier within a timeframe that suits the supplier. If you do not do so you will be liable to pay late fees(“Late Fees”) as determined to be appropriate by LendoCare. You agree that LendoCare can charge this amount from your card or bank account without further permission.
If you miss the agreed deadline for return and are uncommunicative with LendoCare, or we have reason to believe you have caused damage to the item, you agree that LendoCare can take a holding deposit from your account up to the full value of the items you have rented (“Holding Deposit”). This deposit will be fully refundable, less any fees owed to the supplier, once the items are returned, replaced or repaired. Otherwise the deposit will not be refunded.
Fees and payment
As a renter, once you have agreed to hire an item from our suppliers, we will charge you the full Hire Fee on the supplier's behalf.
If we are unsuccessful in charging the Hire Fee, Renter Fee, Late Fee, Settlement Fee or any other amount to your credit or debit card, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to the LendoCare Service (without any responsibility to you), and we shall be under no obligation to provide any or all of the LendoCare Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or our suppliers. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
Rules of Acceptable Use
In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the LendoCare Service (the "Rules of Acceptable Use").
When using the LendoCare Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the LendoCare Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the LendoCare Service under your name or on your behalf unless such person is authorised by you;
(c) use the LendoCare Service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
(e) collect any data from the LendoCare Service other than in accordance with these Terms and Conditions;
(f) other than leaving reviews about owners or items, submit or contribute any information or commentary about another person without that person's permission;
Notice and takedown policy
Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the LendoCare Service infringes their rights. The Infringement Notice should be sent by email to [email protected]. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the LendoCare Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
Our liability/responsibility to you
While we will do our best to ensure that the LendoCare Platform itself is of a reasonable standard and quality and matches any descriptions we have provided you, the LendoCare Platform and any other portion of the LendoCare Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
In addition, due to the nature of the Internet and technology, the LendoCare Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the LendoCare Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the LendoCare Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
In the event of a claim arising out of the provision of the LendoCare Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
Resolving disputes with us
If you have a dispute with us relating to the LendoCare Service, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally.
In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
Changes to the LendoCare Service
We are constantly updating and improving the LendoCare Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the LendoCare Service.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the LendoCare Service, or feature relating to the LendoCare Service ("changes to the LendoCare Service"). These changes to the LendoCare Service may affect your past activities on the Care Service, features that you use, your User Content and any other information you submit to the LendoCare Service ("Service Elements"). Any changes to the LendoCare Service could involve your Service Elements being deleted or reset.
You agree that a key characteristic of the LendoCare Service is that changes to the LendoCare Service will take place over time and this is an important basis on which we grant you access to the LendoCare Service. Once we have made changes to any part of the LendoCare Service, your continued use of the LendoCare Service will show that you have accepted any changes to the LendoCare Service. You are always free to stop using the LendoCare Service.