Terms & Conditions

Borroclub Member Terms and conditions

You may be thinking about becoming a Borroclub Member. If you do, then you’ll have the chance to get all the benefits of borrowing and lending through the site. We have to have some member terms to make sure everyone plays fair – these are our Borroclub Member Terms. They explain what it means to be a Borroclub Member and how we charge you. Do read them carefully!

Words we Use

We use some words quite a few times in these Borroclub Member Terms (BM Terms). What they mean is listed at the end of these BM Terms.

Who are we?

borroclub.co.uk is operated by Borroclub Limited (We, Us, Our). We are registered in England and Wales under company number 09249045 and have our registered office at 23 Danford Lane, Solihull, West Midlands B91 1QA. We are a limited company.

Changes to the browsing terms

We don’t expect to change these BM Terms all the time, but we may need to make some changes as Borroclub evolves, the law changes and in response to member feedback. The changes will be put on this page so do come back and have a look on this page from time to time.

What the site is here for

Once you are a member you can list items on our site; lend them out and borrow them. If you decide to borrow then you will need to make payments to us to do this. There will also be payments to the lender if you are a borrower. We don’t charge the lender for posting a listing or for lending an Item for the moment. We may change this in the future.

Members can contact each other as permitted through the site. This is obviously needed so that you can borrow and lend items. Please deal with other members in a civil, polite and courteous manner.

What you are agreeing to when you become a member

You agree to these BM Terms as well as the Browsing Terms, our Acceptable Use Policy and Privacy Policy. Bear in mind these may change from time to time. If you don’t agree to the BM Terms, then membership is not for you.

You will be borrowing or lending stuff that needs to be used properly and you’ll be entering into agreements with other people. We have decided that you can only be a member after your 18th birthday.

We will try to keep the service up and running as much as we can, but we may not be able to do this all the time. We may stop running part or all of the site, but we will try to let you know if we do.

You agree:

  • to provide up to date, correct and complete information when you register
  • to keep your information up to date
  • to keep your password and any security information safe
  • to be responsible for what happens through your account

You need to make sure you keep your contact details up to date and that you check your emails since we will use emails to contact you about items you borrow or lend and to get confirmation around return of any Security Deposit.

Charges, payment & deposit

We don’t charge you just for being a member – that’s free.

We don’t charge a fee at the moment for you to make Listings, but we might decide to do this one day.

We do charge when an Item is going to be borrowed and lent. This is a small Introduction Fee paid by the Borrower worked out as a percentage of the total Rental Fee. So, when you borrow something, you will make two payments. One is a payment to the Lender for the amount they have posted on the Site for that Item – through the contract you have with them – and the other is the Introduction Fee paid to us.

If you take advantage of our optional services such as collection and delivery you will pay Us for them.

The Lender will mention in their Listing if they need a Security Deposit. The Borrower will pay this to us.

Once the Rental Period is up, we will send an email to the address given by the Lender asking them if the Item has been returned in its original condition by midnight on the agreed return date. If the Lender confirms this is fine – or they simply don’t reply within 48 hours of when we send the email – we will pay the Security Deposit back to the Borrower.

If the Lender responds within this timescale claiming the Item has not been returned at all or has not been returned in its original condition, then we will contact the Lender and Borrower. We’ll ask them to promptly put a case to us why some or all of the Security Deposit should not be returned to the Borrower or whether some or all of it should be paid to the Lender.

Where we this is relevant to the decision, we may need to take a look at the Item. Whoever has the Item will (as we require) let us look at the Item or send it to us (and will pay the cost of this and returning the Item). Once we have contacted the Borrower and Lender and (if necessary) looked at the Item, we will then work with the Borrower and the Lender to reach an agreement around the Security Deposit. If this is not possible within a short time, we will make a final decision around the Security Deposit. This should only be based upon loss of the Item by the Borrower (or a failure to return the Item) or to cover damage to the Item.

Any decision we do or don’t make (and indeed anything else in these BM Terms) do not affect any statutory rights that you may have and does not stop you bringing a claim in the courts against the Borrower or Lender if you are not happy with our final decision. If you are Lender, you need to be happy with the level of the Security Deposit – we won’t be responsible for damage or loss of the Item.

Any charges due to us, or between a Borrower and a Lender are payable on demand.

Listings and Content

You are accepting full responsibility responsible for anything you post on the Site (your Listing is covered under this) or that you communicate in any way through the Site or transmit to any other User (‘Content’). You agree that none of your Content will:

  • be a Listing unless it is an Allowed Listing (see below for this)
  • be offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against anyone
  • contain information that You know (or reasonably should know) is false or misleading, or promotes illegal activities
  • be abusive, threatening, obscene, defamatory or libellous
  • be material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity)
  • be material that exploits people under the age of 18 in a sexual or violent manner
  • be something that asks for personal information from anyone under the age of 18
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • be capable of getting around Our fee structure, the billing process, or fees owed to Us;
  • be capable of taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or using it for purposes unrelated to Us);
  • show you are associated with us other than as a member.

We can delete or change any content we think inappropriate at our sole discretion and without notice.

All the information in your Listing needs to be legal, decent, honest and truthful. Make sure Listing information is not misleading and any comments about Items is based on information that you can refer directly to. We aren’t to blame if Listing information is wrong.

When you put Content on the Site you are giving us the right to use it on our Site for the purpose of providing the services of the Site set out in the BM Terms. Make sure you have the right to do this. If you don’t have these rights and this causes loss to us (such as a claim from someone else who says they own the rights) you agree to cover that loss in full.

We don’t publish Content – this is done by you and other members. We don’t actively monitor Content. If you publish Content in breach of these BM Terms we may remove it. If you see any Content that is in breach of these BM Terms or otherwise objectionable please tell us at info@borroclub.co.uk Following an objection, we may remove Content.

Allowed Listings

Most things can be listed, but we have to set some limits. Generally, we are happy for you to have Listings of Items that are normally sold in shops and/or made generally available for hire. The following are not allowed Listings:

  • Damaged items
  • Items requiring qualifications to use them (such as chainsaws, certain hoists, gas equipment that requires GasSafe qualifications; equipment for high-rise window cleaning)
  • Items that could be dangerous to the borrower
  • Illegal Items
  • Items where the Lender does not legally have the right to lend it (such as when the Lender doesn’t own it or a hire-purchase agreement or credit agreement does not allow lending)

Borrowing and lending

Borrowing and lending goes on between the Borrower and the Lender. The borrowing/lending contract is between the Borrower and the Lender (Your Contract) and the Lender may request that a specific contract is agreed – if the Lender wishes to do this, it must be made clear as part of the Listing and all terms must be stated in the Listing or in a link from the Listing. Your Contract should not put the Borrower or Lender in breach of these BM Terms. We are not a part of Your Contract. If the Borrower or Lender is in breach of Your Contract then we are not liable legally. We don’t check Items. You must check the Item.

We don’t check the quality, safety or legality of Items or Listings. We require that members provide correct information, but we don’t check it ourselves. We are not responsible for the exact identity of the Lender and the Borrower or what goes on when you interact with one another. You agree to take reasonable precautions in all communications and interactions with other users of the Service whether online or offline.

Availability is shown against a Listing as controlled by the Lender. The Lender must block out days where the Item is reserved and has the option to block out other days when the Item is not available to be borrowed. We will also block out days where an Item is reserved through the Site.

If you want to borrow an Item for days where the Item is not listed as blocked out, you need to contact the Lender through the Site to make a reservation and pay the Borrowing Fee (to include any fees payable to us) and any Security Deposit. Once we have received the Borrowing Fee and Security Deposit, the Lender will provide the Items and will lend it to the Borrower. As a Lender, you need to make sure that you do not double-book Items. Items may be returned late or could need to be repaired or serviced before they can be lent out again. Do leave enough time to get the Item back before you commit to another Borrower.

Just to be clear, the Borrower does not own the Item while they are borrowing it. Legal ownership (or title) does not change. As Borrower you hold the Item on behalf of the Lender (legally, this is called the bailee) and have no right to give anyone else any rights to the Item (such as through sale, assignment, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Item).

The contract between the borrower and lender is a direct contract and does not involve us. Both parties to this contract need to comply with all relevant legal requirements. We cannot advise you in detail about this – it varies depending upon the nature of the Item; how the Item might be used; whether the Item will be used in the workplace; how the Item is powered; the environment it will be used in – and many other factors. The Health and Safety Executive website can give some useful assistance.

Some law is general in its applicability, and some is very specific to limited circumstances only.

Relevant law may apply to you as a lender and/or as a borrower depending on the circumstances. Consider what is appropriate. For example: Has the Item has been properly maintained? Is the Item appropriate for the job? Has everyone who might use the Item had suitable training? Is safety equipment needed? Has the Item been tested properly?

If you are lending as a trader to a borrower who is a consumer you should be aware of any responsibilities you may have under the Consumer Protection from Unfair Trading Regulations 2008, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015 as well as anything else.

Using an Item

When you borrow an Item:

  • Take care of it
  • Keep it secure.
  • Use it for its proper purpose
  • Use it safely
  • Use the correct voltage and power rating
  • Use the correct fuel and replace any fuel you use (unless the Lender has agreed otherwise, they can charge for this)
  • Keep and operate it in the appropriate environment;
  • Don’t attach the Item to any land or building so as to cause the Item to become a permanent or immovable fixture on such land or building
  • Don’t allow it to be taken out of your possession or control during any distress, execution or other legal process (the Borrower agrees to do their best to get the Item back if this happens)
  • Don’t make changes to the Item

If you damage or lose an Item while you are borrowing it then you are responsible to the Lender. We are not legally responsible for this.

Things you should think about

Do check that you have appropriate insurance for Items that you lend. Your normal household insurance might not cover this. As well as insurance for loss of the Item or damage, consider appropriate insurance in case it causes death or personal injury or damage to property.

Lending at Item may have tax implications for you. You are responsible for payment of your tax. Do take appropriate advice.

Cancellation and Termination of the Services

Your rights to cancel – If you are a Consumer

The nature of the Services is such that We provide the Services to you immediately after you pay and you consent to receiving the Services at this time. Since this is before the end of normal the cancellation period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) you acknowledge that the right to cancel the contract within 14 days (under regulation 29(1) of the Regulations) shall not apply to the Service.

Your rights to cancel – Whether you are a Consumer or not

Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

  • We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
  • We go into liquidation or a receiver or an administrator is appointed over Our assets;
  • We change these BM Terms to your material disadvantage;
  • We are affected by an event outside our control which last more than 2 weeks.

Our rights to cancel the services and applicable refund

Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time immediately on written notice. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. This does not impact upon any contracts between a Borrower and a Lender.

We may terminate the contract for Services at any time with immediate effect by giving you written notice if:

  • you do not pay us when you are supposed to; or
  • you break the BM Terms in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.

We can terminate your use of the Site immediately and without notice at any time. In general, we will do this where your use of the Site and/or the Services is harming other users or us.

Indemnities

You agree indemnify Us, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including lawyers’ fees, arising out of or relating to Your access or use of the Service or Your breach of any of these Borroclub Member Terms.

LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud, or any other liability that cannot be excluded or limited by English law.

So far as the law allows, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

So far as the law allows, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

Subject to the above, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Subject to the above, our total liability for any claims, losses, damages or expenses whatsoever and howsoever caused (even if caused by our negligence and/or breach of contract) shall be limited for each event or series of linked events to the amount you have actually paid to us for the Services.

What the Words Mean in these BM Terms

‘Borro Fee’ the rental charged by The Lender to allow The Borrower to use the Item.

‘Borroclub Member Terms’’ means this agreement.

‘Borro Period’ means the hire period and any additional period during which the Item is in the Borrowers possession or control.

‘Borro Request’ means the request by The Borrower to The Lender to use an Item.

‘Borrower’ means the person who borrows Items from the Lender.

‘Introduction Fee’ means the fee charged by Borroclub Limited to the Borrower.

‘Item’ is the item that is advertised for borrowing or lending on the Site.

‘Lender’ means the person that lends an item to the Borrower.

‘Listings’ means the Items posted by The Lender.

‘Member’ means you as the recipient of Services under these Borroclub Member Terms.

‘Services’ means the services provided by Borroclub Limited.

‘Site’ is the Borroclub Limited website.

‘We/Us/Our’ means Borroclub Limited.

‘You/Your/User’ can refer to either The Borrower or The Lender.

If there is a discrepancy between these Borroclub Member Terms and any other material, these Borroclub Member Terms apply.

These Member Terms and conditions were last updated on 8th January 2016


Borroclub Browsing Terms

The Legal Stuff

We need to have some legal stuff to cover you and us when you visit our site. These Browsing Terms cover anyone who visits borroclub.co.uk (our site). If you think that Borroclub is for you and you want to get involved with borrowing and lending through our site, then the Borroclub Member Terms will also apply. As you would expect we also have a Borroclub Privacy Policy to cover data we hold.

If you visit our site you are saying these Browsing Terms apply so please read them carefully. Feel free to print or store a copy to read at your leisure.

Who are we?

borroclub.co.uk is operated by Borroclub Limited (We, Us, Our). We are registered in England and Wales under company number 09249045 and have our registered office at 23 Danford Lane, Solihull, West Midlands, B91 1QA. We are a limited company.

Changes to the browsing terms

We don’t expect to change our Browsing Terms all the time, but we may need to make some changes as Borroclub evolves, the law changes and in response to member feedback. The changes will be put on this page so do come back and have a look on this page from time to time.

Changes to our site

While we obviously want everything on our site to be up to date and accurate, we can’t check everything all the time. For this reason, we can’t say to you everything will be correct all the time or will be up to date. If you see something that looks wrong, then let us know!

Borrowing or Lending Through Our Site

The site is set up so that Borroclub Members can lend and borrow stuff from one another. The Borroclub Member Terms apply to any lending or borrowing that you do through the site or following any introduction through the site. We don’t borrow or lend stuff ourselves. We are not a party to any contract between you and any borrower or lender.

We do ask anyone offering to lend items out to put accurate information on our site, but be aware that this may not be accurate and we don’t check item listings. We are not responsible for this information or any reliance on this information.

Accessing our site

We don’t charge for browsing our site or for becoming a Borroclub Member, but we do charge for using some of our services around borrowing and lending. See the Borroclub Member Terms for details.

We want our site to be available all the time, but like most sites, there may be times when we can’t do this – this could be for technical, legal or various other reasons. Please bear with us if you can’t access the site or some part of it.

If you are a business or organisation, you are also responsible for ensuring that all persons who access our site through your business or organisation are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Use of Information on Our Site

We put a great deal of effort into providing an excellent service to Borroclub Members – this is hampered if screen scraping and any kind of automatic capturing and/or redistribution of content from our site goes on so we don’t allow it. We may have to suspend or delete user accounts where this is going on.

Your account id and password

Keep them safe! Don’t let anyone else have access to them!

If you know or suspect that anyone other than you knows your account or password, tell us straightaway at info@borroclub.co.uk or 0800 689 0695.

We might stop you accessing our Site if you breach our Browsing Terms. Sorry, but we need to do this to protect other members and ourselves – and to make sure the Site runs properly.

Intellectual property rights

Users of the Site post content on the Site and so do we. If we put content on the Site, we will either own it or have the right to put it on the Site. Make sure you do the same for any content that you post.

If you don’t own the rights to this content, the owner may try to contact you or us asking us to take this stuff off the site and they may also claim damages. If your content means we have a claim against us, you will fully reimburse us for all costs and damages caused.

We only give you limited rights to use the content on the Site. You can access the content to use the Site as intended and you can print off a copy, and download extracts, of any page(s) from our site for your personal use.

Other than your own material, don’t make your own versions of the content on the site and don’t use the content on the site for commercial purposes without obtaining a licence from us or our licensors.

No reliance on information

We do try to provide some helpful advice on the site, but you shouldn’t rely on this. You should seek appropriate professional, specialist or technical advice.

We try to ensure what we on the Site is right and up to date, but we won’t be able to do this all the time for all the content. If it is important for you to rely on some information and content then don’t rely on it unless you have verified it against a number of independent sources. If you have concerns with information or content, please contact us at: info@borroclub.co.uk or 0800 689 0695.

Limitation of our liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud, or any other liability that cannot be excluded or limited by English law.

So far as the law allows, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

So far as the law allows, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

So far as the law allows, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

So the site can work effectively, we won’t be checking content that you or other users post on the site. As a result, you agree not to blame us for the content posted by you or any other user of our site.

As you would expect, we can’t have people posting just anything on our site – this should be common sense for most people and we’ll probably take stuff down if we think it breaches the policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We can’t guarantee our site will be bug or virus-free.

Due to way the internet works and how some people use it, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or nasty software where this causes damage to your device or computer equipment, software or data following access to our site. Remember to take appropriate precautions. Use virus protection software!

Don’t subject our site to denial of services attacks, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Don’t try to gain unauthorised access to our site or our data. This could be a criminal offence under the Computer Misuse Act 1990 and we will report this to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. Obviously, your right to use our site will cease immediately.

Linking to our site

You can link to our home page in a sensible way. Don’t link if this could damage our reputation.

Don’t link to us where people may think we are associated with you or endorse you when we don’t.

Don’t frame our site on another website. Only link to our homepage.

We may withdraw linking permission without telling you first.

The website you are linking from must comply with our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact info@borroclub.co.uk.

Third party links in our site

Our site may contain links to third party websites. These links are provided for your information only and we have no control over their contents. Please don’t blame us for content of these websites.

Which country’s law applies

If you are a consumer, please note that these Browsing Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business or organisation English Law applies and the courts of England and Wales have non-exclusive jurisdiction.

Trade marks

BORROCLUB is a UK registered trade mark number UK00003097124 licensed to Borroclub Limited.

Get in touch

To contact us, please email info@borroclub.co.uk.

Thank you for visiting our site and happy sharing!

These Browsing Terms were last updated on 8th January 2016

© 2017 BorroClub Limited. All rights reserved.