1.1. Who we are. We are By Rotation Limited ("By Rotation", "we", "us" or "our"). Our registered office is at 3 Chandos Street, London W1G 9DH.
1.2. What we do. By Rotation operates a peer-to-peer marketplace (the "Marketplace") that allows third-party lenders ("Lenders") to list and rent out (or in some instances sell) their items to third-party renters ("Renters") using our mobile application ("App") or website www.byrotation.com ("Website"). The Marketplace, App and the Website together constitute the services we will provide to you (the "Services").
1.3. Our Terms. The following terms and conditions and other requirements posted on our App and Website constitute the terms on which we provide the Services and our App and/or Website to you (either as a lender or a renter) ("you" or "your"), whether as a guest or a registered user (collectively "Terms"):
These Marketplace Terms and Conditions;
1.4. Acceptance of our Terms. By using our Services and the App and/or Website you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Services or the App or Website. Please read the Terms carefully before using our Services and the App or Website.
1.6. Who may use our App, Website and Services. The Services are intended for use only by persons who are at least 18 years of age and are based in the United Kingdom. By using the Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Services.
1.7. By Rotation facilitates lending between users. By Rotation provides the Marketplace to allow Lenders and Renters to conclude rentals directly by and between each other. By Rotation does not monitor the quality of the items made available for rent and is not involved in the setting of prices – these are set entirely at the relevant Lender's discretion. The contract is formed on acceptance of a rental on the Marketplace and is solely between the Lender and the Renter.
1.8. By Rotation is not a party to the contractual agreement between Lenders and Renters. Except where By Rotation is acting as a payment collect agent on behalf of the Lender, we do not act as an agent for either the Renter or the Lender in any other capacity
2.1. Account creation. Both Lenders and Renters must create an account to lend or rent items on the By Rotation Marketplace by providing certain information such as first and last name, contact details and billing information. We may also require additional forms of identification in order to verify your identity. You must provide accurate details about yourself when you create an account and not use any false details.
2.2. Passwords. You will be required to create a password for your account and we encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your account details (including passwords) and for any activities that occur under your account. If you have any concerns that your account has been misused or that your password has been compromised, please contact us at email@example.com straight away. You may be held liable for losses incurred by us or any other person due to another person using your account or password. You may not use other user's account or password at any time without the express permission and consent of the holder of that account or password.
2.3. Account deactivation. You may deactivate your account at any time by emailing firstname.lastname@example.org and requesting that your account be deactivated. Please include "account deactivation" in the subject line of the email.
3.1. Service content ownership. The materials and content comprising the Services (excluding any Third-Party Materials and User Content (as defined below)) belong to us or our third-party licensors and you agree that you have no rights in the Website, the App or any portion of the Service other than the right to use and access the Service in accordance with these Terms.
3.2. Your use of the Services. Your right to use the Services is personal to you and you are not allowed to give this right to any other person.
3.3. Unless expressly permitted by us, you agree:
(a) not to copy, or attempt to copy the Website, the App or any other portion of the Service;
(b) not to give or sell or otherwise make available the Website, the App or any other portion of the Service to anybody else;
(c) not to change, edit, modify or attempt to change, edit or modify the Website, the App or any other portion of the Service in any way;
(d) not to look for or access the underlying
code of the Website or any other portion of the Service that we have not expressly published publicly for general use.
3.4. The Website, the App and the Services could include technical inaccuracies or typographical errors. We shall have no liability in connection with any such inaccuracies or errors, nor shall we have any obligation to identify and/or correct any such inaccuracies or errors.
3.5.Third-party links. If any links to third-party websites are provided, (“Linked Websites”), By Rotation does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. By Rotation disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites.
3.6. Third-party materials. If any information or material on the Services is provided by third-party content providers (“Third-Party Materials”), By Rotation has no editorial control or responsibility over such Third-Party Materials. Any opinions, statements, items, services or other Third-Party Materials are those of the applicable third party and we have no liability for such.
3.7. Third-party download terms. Where you download the App via the Apple app store ("Apple App Store") or via Google's Google Play ("Google Play"), you will be subject to the specific Apple App Store or Google Play terms (as applicable), governing your use of the Apple App Store or Google Play.
3.8. Uploading User Content. You confirm that any images, text or information that you upload to the By Rotation Service, including any reviews that you post about other users or items (collectively, the "User Content") will meet the Acceptable Use Policy (available here).
3.9. Ownership of User Content. By Rotation do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you upload to the Service. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service (including allowing all users of the Service to view and use your User Content).
3.10. By Rotation's licence to use User Content. You are solely responsible for ensuring that you have the necessary rights in all User Content to allow By Rotation to use the User Content in accordance with section 3.9 above and shall be solely liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party.
3.11. We may monitor any User Content. We have the right to reject, refuse or delete any User or User Content at our sole discretion where we think that it breaks any provisions of our Acceptable Use Policy.
4.1. Item categories. You may list any item that appears in our dropdown list of categories or search available on the Lender dashboard ("Lender Dashboard"). If the product you are looking to list does not fit into one of our designated categories appear you can contact email@example.com.
4.2. Item descriptions. All items must conform to any descriptions provided by you and you are responsible for ensuring that all items listed by you are fit for purpose and safe to use.
4.3. Listing an item. Once your account is set up, you may begin to list items to rent. You are fully responsible for ensuring that all information that you provide about an item is accurate. When you submit a new listing, By Rotation shall approve the category and the placing of the listing on the Website and/or App. Once approved, the listing shall appear in the Lender Dashboard and shall enable you to accept rental requests from Renters and monitor payments. You acknowledge and agree that By Rotation does not verify any listings (including price, quality, accuracy or fitness for purpose) and only checks a listing to ensure that it is placed in the correct category on the Website and/or App. Listed items shall appear on our Website and/or App, and will be available to all Renters to rent.
4.4. Item images. By Rotation request that you provide images of yourself modelling items that you wish to display for rent on the Service. All images must comply with our Website Acceptable Use Policy and must be your own and not infringe the intellectual property or privacy rights of any person. By Rotation shall upload the images provided 'as is' and shall not have any responsibility or liability in respect of the images provided. By Rotation have full discretion to rank listings on their Website and/or App as they see fit and based on their own internal algorithms. By Rotation shall not have any responsibility or liability for you the position of your listings on the Website and/or App.
4.5. Lender's responsibilities. You are responsible for ensuring that:
(a) you have all the necessary rights to rent out any items you advertise on the Service, and that the Renter's use of those items will not infringe or misappropriate any other party's rights;
(b) you deliver any rented items to the Renter in accordance with terms which you have agreed with the Renter;
(c) any descriptions of the items you advertise for rent through the Service are accurate and include all information relevant to the use of the item, including (as appropriate):
i. notice of any defects, restrictions or other requirements that may apply to the use of the item; and
ii. any instructions or notices that may reasonably be required to use the item safely;
(d) the items you advertise on the Service:
i. conform in all material respects to any pictures or descriptions that you upload to the Service;
ii. are safe to use in accordance with any reasonable instructions that you provide to the Renter;
iii. are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the Renter;
iv. can be legally offered for rent.
4.6. You are responsible for setting the terms on which you lend an item to a Renter ("Lender Rental Policy"). The Lender Rental Policy must include specific details relating to the item and also general details of rental, including the following:
i. Item price. The price you wish to charge to the Renter for renting your item for the rental period (the "Rental Fee"). The Rental Fee you advertise on your listing must set out the total price payable for renting your items, including any applicable taxes or costs of delivery.
ii. Delivery costs. If items are being delivered by the Lender, the related costs should be set out. Please note that By Rotation is not responsible or liable for any applicable taxes or delivery costs.
iii. Returns policy. This should include details about how to return an item and the fees applicable to late returns.
iv. Refunds policy. Including the scenarios in which a Renter may request a refund in respect of a rental item (e.g. if the item is not as described or is defective or where a rental is cancelled during the cooling off period – see below).
v. Cancellation policy – during the cooling off period. Including any cooling off period during which time the Renter may cancel a rental request and obtain a full refund – at the very least this period should last until the rental request is accepted by the Lender but you may agree to offer a longer cooling off period at your discretion.
vi. Cancellation policy -outside of the cooling off period. You should include details of how a Renter may cancel outside of the cooling off period (e.g. if the item is not as described or defective) and any evidence that may be required to process any associated refunds.
4.7. Terms of rental. Once you have agreed the terms on which you will lend an item to a Renter, you must not amend those terms (including the Rental Fee) unless you have a valid, justifiable reason for doing so and the Renter agrees in writing to those amended terms.
4.8. Removing or cancelling a listing. You may remove a listing or cancel your agreement to lend an item to a Renter at any time up to 48 hours before the start of the relevant rental period or with agreement from the relevant Renter. If you cancel an agreement to rent an item to a Renter less than 48 hours before the start of the relevant rental period, By Rotation reserves the right, in its absolute discretion to charge you a cancellation fee equal to 30% of the relevant Rental Fee.
4.9. Verified Lender Program Eligibility. Certain Lenders may be permitted (at By Rotation's sole discretion) to sell items for purchase by users on the Website and App subject to the conditions below ("Verified Lender"). Verified Lender status is not automatic. All Verified Lenders shall be awarded a green tick within the App. In order to sell items on the Website, a Lender must:
(a) have a minimum of 3 positive reviews from Renters on the App;
(b) have a 4 (or more) star rating on the App; and
(c) have used the App within the last 28 days.
4.10. All Verified Lenders must sell items on the Website and App in accordance with this section 4 and these Terms. The Verified Lender is responsible for ensuring that any purchaser of the items for sale on the Website and App are non-refundable and shall be fully liable to the extent that the items sold do not comply with 4.5.
5.1. Your right to rent items. When you agree to rent an item from a Lender on the terms set by the Lender, the Lender grants you a limited right to use that item only for the relevant rental period. This right is personal to you and you are not allowed to give this right to any other person.
5.2. Renter's responsibilities. You are responsible for ensuring that:
i. you are legally allowed to use any item that you borrow through the Service;
ii. you comply with all applicable law when using the item;
iii. you comply with any reasonable directions provided by the Lender in order to use the item safely;
iv. you return the item in the same condition as it was in when you collected or received it from the Lender.
5.3. Returning an item at the end of a rental. You may agree with the Lender how you will return any items that you have rented from the Lender; however, you must ensure that you return any items that you have rented from the Lender on the agreed upon return date unless otherwise permitted by the Lender.
5.4. You are responsible for loss of or damage to a rental item. By Rotation has no responsibility if you lose or damage an item and a Lender may seek damages from you for replacing or repairing such item. A Lender may, in their sole discretion, charge you a fee in respect of any damage to or loss of their item, including fees associated with the repair of such damaged item and shall be entitled to invoice you in respect of such fee.
5.5. Cancelling a rental. You may cancel a request to borrow an item from a Lender in accordance with the relevant Lender Rental Policy. Please ensure that you have read and understood the relevant Lender Rental Policy before requesting to borrow an item.
5.6. Purchasing from a Verified Lender. Conditions of purchase shall be set out separately on the Verified Lender's item listing page. In this instance, the conditions of purchase will set out the same details as the Lender Rental Policy but will apply specifically to purchasing as opposed to lending.
5.7. What happens if you miss a return deadline. If you fail to return an item by the agreed return date you must contact the Lender to notify them as soon as possible that you are going to miss the agreed return deadline. You will be required to extend the length of your rental period and pay for such extended rental period immediately unless otherwise agreed with the Lender. The Lender may not be able to accommodate the extension in which case you are solely responsible for returning the item(s) to the Lender as soon as possible and in any event on a date specified by Lender ("Longstop Date"). If you fail to return the items by the end of the Longstop Date, the Lender may charge you a fee and are permitted to send you an invoice directly– the level of fee will be a percentage of retail value per day ("Late Fees") and will be set out in the Lender Rental Policy.
5.8. Theft. Theft of any item is not tolerated. If you steal or attempt to steal any item, the Lender and/or By Rotation shall be entitled to take legal action against you.
6.1. Rental Fees. The fees for renting an item will be set out on the relevant listing page ("Rental Fee"). Payment of the Rental Fee by the Renter shall be made via Stripe and will be subject to the Stripe terms and conditions of use.
6.2. If you are a Lender. We will collect the Rental Daily fee from the Renter on your behalf. Unless otherwise stated by us, commission on the Rental Fee at a rate of 15% plus VAT (or as may be > otherwise specified by By Rotation) will be taken by By Rotation ("Commission"). The Lender shall receive the Rental Daily fee, minus the Commission (and any other fees stated on the listing confirmation or notified to you by us from time to time) once the rental has been completed via our payment provider, Stripe. By Rotation shall not be responsible if payment is delayed for whatever reason.
6.3. Refunds to Renters. A Renter may be entitled to a refund if a Renter cancels their request to borrow an item in accordance with the relevant Lender Rental Policy. All refunds shall be accredited to your account as credits or shall be returned to your bank account from which you paid.
6.4. If you are a Renter. Once you have agreed to rent an item on the terms set in the Lender Rental Policy, we will charge you the full Rental Fee on the Lender's behalf.
6.5. Late Payments. If you fail to pay the Rental Fee on time or otherwise steal, lose or damage any item, By Rotation shall be entitled to take payment from you via Stripe in respect of such late payment, theft, lost or damaged item if you do not respond to any communication or otherwise do not return the item within 21 days after the rental period has expired.
6.6. VAT and other sales taxes. If you are a Lender, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, including income or other taxes.
6.7. We may suspend access to the Services if any amounts remain unpaid. If, for whatever reason, we are unable to obtain payment from you and still have not received payment within 7 days after notifying you of the payment failure, By Rotation may, in its sole discretion, suspend or temporarily disable all or part of your access to the Services (without any responsibility to you), and we shall be under no obligation to provide any or all of the Service while the amount concerned remains unpaid. This does not affect any other rights and remedies available to us or the Lender by law. If you chargeback a payment that you were required to pay under these Terms, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
6.8. Gift cards. Gift cards are available to buy on the App and/or the Website and can be used to rent any item available on the App and/or Website or purchase any item from a Verified Lender. Once a gift card has been added to your account, the credit shall expire 12 months from the date it was added.
6.9. Promotions and prizes. Any discount codes, prizes or other promotional considerations can be used on any relevant order and shall be applied to the final Rental Fee or purchase price. Any promotional considerations or prize draws may be subject to applicable terms and conditions.
6.10. Credit. If you are entitled to a refund for any reason, you have the option of receiving a full cash refund or you can receive credit on account which can then be put towards renting another item on the App and/or Website or to purchase an item from a Verified User.
6.11. If you are a Renter. We will collect the Rental Daily fee from the Renter on behalf of the Lender. Unless otherwise stated by us, commission on the Rental Fee at a rate of 21% plus VAT (or > as may be otherwise specified by By Rotation) will be taken by By Rotation ("Commission"). Payment will be take by By Rotation on application of your rental request and processed once Rental > has been confirmed by the Lender.
7.1. Infringement notices. Any person may contact us by sending us a notice (an "Infringement Notice") if any content available on the Website and/or App or through use of the Service infringes their rights. The Infringement Notice should be sent by email to firstname.lastname@example.org. 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 on the Website and/or App infringes your rights or fails to comply with our Acceptable Use Policy (available here); and
(c) a link to or such other means of identifying the problematic content.
7.2. How we deal with Infringement Notices. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
8.1. Disputes with By Rotation. If you have a dispute with us relating to the Service, in the first instance please email us and we will attempt to resolve the dispute with us informally.
8.2. Disputes with other users. By Rotation encourages all users to resolve any disputes directly with each other. If you are unable to resolve a dispute our Disputes Team will try and help you to resolve it. You can contact our Disputes Team by emailing us at email@example.com. You must provide the full details of the dispute together with sufficient evidence of any loss or damage suffered. Our Disputes Team will aim to be in touch 2-3 days from receiving notice of your dispute and do their best to resolve any such dispute but shall have no responsibility to conclude or resolve a dispute. Our Disputes Team operates during the hours of 9am to 5pm Monday to Friday and is closed on weekends and Bank Holidays.
8.3. Providing evidence of the dispute. You must be able to provide sufficient evidence of any loss or damage suffered by you as a result of use of the Service. If you are unable to provide sufficient evidence, By Rotation will not be able to help you mediate or resolve any dispute.
8.4. By Rotation's decision. Where By Rotation steps in to assist, you agree to accept By Rotation's final determination of any dispute and pay any amounts owed by you. Any decision made by us in relation to a dispute will not affect your contractual and statutory rights nor right to take legal action before a court of law.
9.1. If you do not agree to these Terms. If at any time you do not feel that you can agree to these Terms or to any changes made to these Terms or the Service, you must immediately stop using the Service.
9.2. By Rotation's right to suspend the Services. We may immediately suspend or end your access to and use of the Service if you break or we reasonably suspect you of breaking the Acceptable Use Policy, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms.
9.3. By Rotation's right to delete User Content. Should you or we suspend or end your use of the Service, we may delete your User Content, any other information that you have uploaded to the Service or any other information we hold about you. You will also lose any rights you have to use the Service or to access our content or your User Content. We shall not be liable to any losses you suffer as a result of the suspension or termination of your use of the Service (for whatever reason) and you should therefore ensure that you keep a copy of any information or content uploaded or hosted on the Service, including your User Content.
9.4. Outstanding payments become due on termination. The termination of your use of the By Rotation Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us or any other user of the Service.
10.1. We are responsible for foreseeable losses only. If we fail to comply with these Terms, we are responsible for any loss or damage you suffered that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen.
10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
10.3. We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.4. We do not carry out any verification checks on the items listed for rent on the Service. As such, we do not warrant or guarantee (i) the quality, size or legality of any items listed for rent on the Service or the legality of any User Content made available on the Service, the App and/or Website; or (ii) the truth or accuracy of the items listed for rent or User Content.
11.1. We cannot be held responsible for events that happen outside of our control. This includes outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Service, the App and the Website.
11.2. Entire agreement. These Terms and any document referred to in them (as each may be amended from time to time) constitute the entire agreement between you and By Rotation relating to your use of our Services and supersede all prior understandings and agreements between parties. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
11.3. These Terms are between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
11.4. Our right to assign these Terms. By Rotation may assign or transfer our rights and obligations under these Terms at any time. We'll tell you in writing if this happens and ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us with our prior agreement.
11.5. You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours.
11.6. English law governs these Terms. Any disputes that arise out of or in connection with these Terms, the, the App and Website or the Services shall be governed exclusively by the courts of England.
12.1. How to Contact us. If you need to contact us in relation to these Terms or any other document mentioned in them, please email us at firstname.lastname@example.org.
12.2. Providing us with feedback. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.