LOANHOOD is a peer-to-peer fashion rental platform that connects like-minded people, allowing them to rent clothes from each other in a safe and creative environment (the “LOANHOOD Service”).
All users of the LOANHOOD service are required to read, accept and agree to comply with these terms (including our Privacy Notice) and any third party terms referred to in these Terms or on the LOANHOOD platform (the “Terms of Service”). If you do not wish to accept the Terms or any third-party terms associated with the LOANHOOD services you should not register and must stop using the LOANHOOD services immediately.
LOANHOOD has the right to accept or reject any application for membership with LOANHOOD at our sole discretion.
1.1 LOANHOOD operates a platform for:
(a) members to rent out their items to other members (such members being "Loaners");
(b) Loaners to communicate with and enter into agreements with other members to borrow such items (such members that borrow being "Borrowers") such Loaners and Borrowers shall be collectively referred to as “Members”)
(c) Borrowers to pay Loaners for renting the relevant items; and
(d) Members to resolve disputes concerning the rented items, which we make available to you through the LOANHOOD application or at our website www.loanhood.com (the "LOANHOOD Service").
(e) LOANHOOD’s role is intermediary only. We connect members, known as Loaners and Borrowers via our platform allowing them to share fashion and accessories.
1.2 The LOANHOOD Service is provided by LNHD Ltd, a private limited company registered in England and Wales under company number 11989213 ("LOANHOOD", "we", "our", or "us").
2.1 LOANHOOD only provides a platform that enables members to borrow and lend items, but does not borrow or lend items itself.
2.2 As such, the Loaner (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 Borrower, we will not be responsible to you for any items that you rent through the LOANHOOD Service.
2.3 If you are a Loaner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for rent, including giving effect to Borrowers' rights under applicable consumer law and compensating any damage to the Borrower or any other person caused by your items.
2.4 If you are a Borrower, you will be responsible for any items you rent through the LOANHOOD Service, including compensating the Loaner 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 unless you have entered into a lender guarantee with the Loaner via our partner SuperHog. See guarantee here
2.5 We have the right to remove or request withdrawal of any item listed by a Loaner, any rental request made by a Borrower or any transaction made between the two parties at our discretion. If LOANHOOD reasonably believes any listing, request or transaction does not comply with these Terms of Service, the Loaners terms or Borrower terms, written notice of the removal or request to withdraw will be provided to the parties involved.
3.1 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 LOANHOOD Service.
3.2 Additional terms will apply to you depending on whether you are a Borrower or Loaner. Please refer to paragraph 9 if you are a Loaner and paragraph 10 if you are a Borrower.
3.3 By accessing and using the LOANHOOD 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 LOANHOOD Service.
4.1 LNHD Ltd is a company registered in England as set out in paragraph 1.2. Our registered address at 10 Danum Drive, York, YO10 4LQ.
6.1 The LOANHOOD Service allows Loaners to use the LOANHOOD service to rent out their items of clothing, accessories and shoes, and to communicate and enter into agreements with Borrowers for the rental of those items.
6.2 We may, from time to time, provide social features on the LOANHOOD Service, which enable you to message and share information about your use of the LOANHOOD Service with other members. Any use of these social features should comply with our Rules of Acceptable Use below.
6.3 Subject to your agreement and compliance with these Terms of Service, you are granted a non-transferable, non-exclusive, non-sublicensable, revocable licence to access and use the LOANHOOD Service for your personal use only.
6.4 You understand that your use of the LOANHOOD Services does not confer on you any intellectual property Rights held by LOANHOOD and/or its licensors. You are merely given a license to use the LOANHOOD Services in accordance with these Terms of Service.
6.5 You may not copy, reproduce, publish or republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages, application pages or materials on the LOANHOOD Services other than for your own personal use.
6.6 You agree that you shall not under any circumstances harm, tarnish or damage the LOANHOOD brand or perception in any way, knowingly or unknowingly, 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.
7.1 To access the LOANHOOD 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. Your Account credentials are personal to you and should not be shared with anyone else. Alternatively, you can connect through a social media account (such as, but not limited, to Facebook). If you choose to connect via a social media account, you may disable the link between that account and your LOANHOOD account in the settings section of your social media account.
7.2 To create an Account with us there is a minimum age requirement of 18. If the birth date entered is under the age of 18, our payment processor Stripe will display an error message and will not allow you to complete the signup process until the age is updated to meet the requirement.
7.3 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, or your Account credential compromised, you should contact us at email@example.com straight away to let us know.
7.4 In order to access and make use of the LOANHOOD platform you need to be a Member via our sign up once you have downloaded the app. From here you can access freely non-transactional functionality. To enter into transactional processes you will be asked to complete registration through our payment processor Stripe. By applying for this functionality you accept Stripes Terms of Service which form part of these Terms of Service. To comply with our and Stripe’s legal obligations you may be required to provide identity documentation such as a passport or driver's licence to verify your identity and enable us to complete your transaction (See 8.9b) . Your account with Stripe is called a Connect account and you can see their account agreement HERE
7.5 If you are registering an Account on behalf of another person, brand or entity you warrant that you have all necessary permissions and authorisation to bind that person, company or entity and that you are entitled to give LOANHOOD the license and permissions under these Terms of Service.
8.1 The materials and content comprising the LOANHOOD Service belong to us, and we give you permission to use these materials and content for the sole purpose of using the LOANHOOD Service in accordance with these Terms of Service.
8.2 Your right to use the LOANHOOD Service is personal to you and you are not allowed to give this right to any other person. Your right to use the LOANHOOD Service does not stop us from giving other people the right to use the LOANHOOD Service.
8.3 Unless allowed by these Terms of Service or as permitted by the functionality of the LOANHOOD Service, you agree:
(a) not to copy, or attempt to copy any portion of the LOANHOOD Service;
(b) not to give or sell or otherwise make available any portion of the LOANHOOD Service to anybody else;
(c) not to change, or attempt to change the LOANHOOD Service in any way;
(d) not to look for or access the code of the LOANHOOD Service that we have not expressly published publicly for general use;
(e) not to breach any applicable laws or regulations that apply;
(f) not to breach any of the Terms of Service.
8.4 You agree that all confidential information, copyright and other intellectual property rights in the LOANHOOD Service belong to us or the people who have licensed those rights to us.
8.5 We are the owner or the licensee of all Intellectual Property Rights in the LOANHOOD Services and any services associated with it, and in the material published on it (including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data complications, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved to LOANHOOD.
8.6 You agree that you have no rights to any portion of the LOANHOOD Service other than the right to use and access them in accordance with these Terms of Service.
8.7 It is explicitly prohibited to use our member to member chat functionality to send content that violates these Terms or spam of any kind. We reserve the right to periodically scan internal messages to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content.
8.8 You agree to indemnify, and hold LOANHOOD harmless against any threatened legal proceedings or claims against LOANHOOD by another person on the basis of your breach of Terms of Service.
8.9 Identity Verification
We use a number of different verification processes to include but not limited to Stripe and Passbase.
How it works
The User submits a video selfie and valid identity documentation during an Authentication guided by the Passbase client-side integration. Once all the necessary documents are submitted, personal data is extracted, digitised, and authenticated. This Personal Data then becomes part of the User's Identity. The User then consents to share Personal data from their Identity with LOANHOOD. This Personal Data is passed to LOANHOOD and can be used to make decisions about a User (e.g. activate account).
How it works
When you register for a Stripe Connect account they collect your full name, email address, and account log-in credentials which gives you the ability to receive payments for goods and services.
Below is a listing of documents that Stripe can accept as proof of identity, address, and entity Stripe supports. Some forms of documentation require scans of both the front and back of the document.
Acceptable forms of address verification:
Acceptable forms of legal entity verification:
You can find out how Stripe will manage your personal data HERE
9.1 This paragraph 9 applies to you if you are a Loaner.
9.2 You must not offer to lend through the LOANHOOD Service any items that it would be illegal to offer for rent in your or the Borrower's country of residence. We may remove any items offered for rent from the LOANHOOD Service if we believe such items are illegal, immoral or damaging to our reputation.
9.3 You are responsible for ensuring that:
(a) you have all necessary rights to rent out any items you advertise on the LOANHOOD Service, and that the Borrower's use of those items will not infringe any other party's rights;
(b) you deliver, via the method agreed, any rented items to the Borrower in accordance with the agreement you reach with the Borrower;
(c) any descriptions of the items you advertise for rent through the LOANHOOD 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 LOANHOOD Service:
(i) conform in all material respects to any pictures or descriptions that you upload to the LOANHOOD Service;
(ii) are safe to use in accordance with any reasonable instructions that you provide to the Borrower;
(iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the Borrower;
(iv) can be legally offered for rent.
9.4 You shall review the rental request before accepting a rental request for an item.
9.5 You will use a reputable courier or postal service for the purpose of delivering the item to the Borrower in a timely manner and in accordance with any dates and/or times agreed in the transaction.
9.6 You will be responsible for any damage the Borrower or any other person may suffer as a result of any defect in the item they have borrowed from you, or for any failure to comply with the requirements in paragraph 9.2.
9.7 Once you agree the price (the “Rental Fee”) for which you will lend an item to a Borrower, you must not try to amend that price unless you have a valid, justifiable reason for doing so and the Borrower agrees to the amended price.
9.8 You can remove a listing or cancel your agreement to lend an item to a Borrower at any time up to 48 hours before the start of the relevant rental period. If you cancel an agreement to rent an item to a Borrower less than 48 hours before the start of the rent period, we may charge you a cancellation fee equal to 30% of the relevant rental Fee.
9.9 When loaning an item to a Borrower as a Loaner, you acknowledge that you are part of a separate contract with the Borrower and this contract is a binding agreement and that you will both abide by the Loaners Terms and these Terms of Service.
9.10 You are aware and acknowledge that the Borrower is not acting on behalf of LOANHOOD. Any agreement that forms through lending an item to a Borrower is with the Loaner only. LOANHOOD will not be held liable for any loss of liability suffered by you as a Loaner due to the acts or omissions of the Borrower.
9.11 You accept that you are wholly and exclusively responsible for complying with the Borrowers terms. You also acknowledge that you are responsible for any compensation due to the Borrower 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 to it. You also agree that LOANHOOD is not liable for any non-compliance on your part and will have no liability to compensate you, the Loaner, for any breach in the agreement between you and the Borrower.
9.12 We encourage you to leave a review of your overall experience which will help build trust within the community and build up the Borrowers reputation. When providing a review you understand that:
(a) Your review will be public and visible on the LOANHOOD platform particularly on the Borrowers page; and
(b) Your review must not include the following; personal information about you or the Borrower; offensive, abusive or harassing images or language; anything intended to undermine our integrity or content aimed at sabotaging the reliability of LOANHOOD’s review system.
9.13 There shall be no attempt to manipulate reviews in any way or behaviour aimed at modifying the content through coercion, psychological pressuring, trolling or corruption which are all strictly banned.
9.14 We have the right to remove any reviews we believe do not comply with these Terms of Service together with the removal of Accounts for any such behaviour, at our absolute discretion.
9.15 We provide the LOANHOOD Service which allows you to directly contact the Borrower and gain more information about their pick up/drop off location or interest in your item(s). The content of these communications must comply with the Loaners and Borrowers Terms, as well as these Terms of Service and should not under any circumstances be used to:
(a) send unsolicited publicity or commercial content;
(b) exercise psychological pressure, harass or bully, offend or send profanities or threaten physical harm to another member;
(c) attempt to complete a transaction outside the LOANHOOD Services for the purpose of Fee avoidance.
(d) or send pornographic or inappropriate material
10.1 This paragraph 10 applies to you if you are a Borrower.
10.2 When you agree to rent an item with a Loaner, the Loaner grants you a limited right to use that item for the relevant rental period. This right is personal to you and you are not allowed to give this right to any other person.
10.3 You are responsible for ensuring that:
(a) you are legally allowed to use any item that you borrow through the LOANHOOD Service;
(b) you comply with all applicable law when using the item;
(c) you comply with any reasonable directions provided by the Loaner 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 Loaner (any reasonable wear and tear excepted); and
(e) you follow any care guidelines provided by the Loaner
10.4 You are free to agree with the Loaner how you will return any items you have rented to the Loaner; however, you must ensure that you return any items you have rented to the Loaner before your rental period ends.
10.5 You will be responsible for any loss or damage to the item you have rented. Please see paragraph 15 for more information about how we handle disputes between Borrowers and Loaners, including if the item is damaged, lost or stolen.
10.6 You can cancel a request to borrow an item at any time before or after the request is accepted by the Loaner up to 48 hours before the rental is due to commence to receive a full refund. If you cancel within the 48 hours prior to the rental period commencing you will be charged 50% of the applicable Rental Fee and a service fee which is a fee collected by LOANHOOD at the point of transaction to run the platform (“Service Fees”).
10.7 If you fail to return an item by the agreed deadline you must contact the Loaner and or LOANHOOD to notify them 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. The Loaner may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the Loaner within a timeframe that suits the Loaner. If you do not do so you will be liable to pay late fees. An item returned up to 24 hours late will be charged 50% of the weekly rental price. An item returned more than 24 hours late will be charged double the weekly rental fee (“Late Fees”). You agree that LOANHOOD can charge this amount from your card or bank account without requiring further permission from you.
10.8 If you miss the agreed deadline for return and are uncommunicative with the Loaner or LOANHOOD, or we have reason to believe you have caused damage to the item, you agree that LOANHOOD can take the Original Retail Price within the Loaners listing, from your account.
10.9 When renting an item as a Borrower, you acknowledge that you form a separate contract with the Loaner and this contract is a binding agreement and that you and the Loaner will abide by the Borrowers Terms and the Terms of Service.
10.10 You are aware that the Loaner is not acting on behalf of LOANHOOD. Any agreement that forms through renting an item from a Loaner is with the Borrower only. LOANHOOD will not be held liable for any loss of liability suffered by you as a Borrower due to the acts or omissions of the Borrower.
10.11 You accept that you are wholly and exclusively responsible for complying with the Borrowers terms. You also acknowledge that you are responsible for any compensation due to the Loaner as a result of any loss or damage to the item. You also agree that LOANHOOD is not liable for any non-compliance on your part and will not be liable to compensate you the Borrower for any breach in the agreement between you and the Loaner.
10.12 We encourage you to leave a review of the item you have rented commenting on the condition of the item, communication and overall experience which will help build trust within the community and build up the Loaners reputation. When providing a review, you understand that:
(a) Your review will be public and visible on the LOANHOOD platform particularly on the Loaners page; and
(b) Your review must not include the following; personal information of you or the loaner; offensive, abusive or harassing images or language; anything intended to undermine our integrity or content aimed at sabotaging the reliability of LOANHOODs review system.
10.13 There shall be no attempt to manipulate reviews in any way or behaviour aimed at modifying the content through coercion, psychological pressuring, trolling or corruption which are all strictly banned.
10.14 We have the right to remove any reviews we believe do not comply with these Terms of Service together with the removal of Accounts for any such behaviour, at our absolute discretion.
10.15 We provide the LOANHOOD messaging service which allows you to directly contact the Loaner and gain more information about their listed item(s). The content of these communications must follow the Loaners and Borrowers Terms, as well as these Terms and should not under any circumstances be used to
(a) send unsolicited publicity or commercial content;
(b) exercise psychological pressure, harass, offend or send profanities to another member; and/or
(c) attempt to complete a transaction outside the LOANHOOD Services for the purpose of Fee avoidance.
10.16 You will use a reputable courier or postal service for the purpose of delivering the item to the Loaner in a timely manner and in accordance with any dates and/or times agreed in the transaction
11.1 If you are a Loaner, we will collect the Rental Fee from the Borrower on your behalf. Unless we are unable to obtain payment from the Borrower, such as where a Borrower's payment method is refused or our payment services provider determines that there is a risk of fraud, we will transfer the Rental Fee to you within 24 hours of the start date of the rental. This will normally hit your account about 3-4 working days after the start date of the rental, depending on your bank. We will also charge you a fee of 15% of the Rental Fee ("Loaner Fee"), which we will deduct from the amount we transfer to you.
11.2 If you are a Borrower, once you have agreed to rent an item from the Loaner, we will charge you the full Rental Fee on the Loaner's behalf. In addition to the Rental Fee, we will also charge you an additional fee for your use of the LOANHOOD Service equal to £1 per single item or £3 for a Look (“Loan a Look”, two or more items uploaded via the Loan A Look function ("Borrower Fee"). All fees are included within the Listing price.
11.3 When you want to upload an item for rental or borrow an item from a Loaner you will need to provide us with valid, up-to-date and complete credit or debit card details via our payment processor Stripe. When you agree to borrow an item, you authorise us to charge such credit or debit card for the relevant Rental Fees and Service Fees and hereby confirm that the details you provided are accurate and that you have the right to use the payment method selected.
11.4 If we are unsuccessful in charging the Rental Fees, Late Fee, Settlement Fee (See section 15 for 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 LOANHOOD Service (without any responsibility to you). We shall be under no obligation to provide any or all of the LOANHOOD Service while any fees remain unpaid. This does not affect any other rights and remedies available to us or the Loaner. 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.
11.5 Each time there is a transaction between a Loaner and a Borrower for an item that is available for rent:
(a) As a Loaner you agree to pay LOANHOOD a 15% Service Fee per clause 11.1;
(b) As a Borrower, you agree to pay LOANHOOD £1 per item or £3 per ‘Loan a Look’ per clause 11.2. If you submit a rental request and this is accepted by the Loaner, you are liable to pay the Rental Fee, the Service Fee and up to the Recommended Retail Price specified in the Loaners listing in the event that you cause any damage to the item.
11.6 We work with Stripe to manage our secure payment process:
(a) 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 the Stripe Services Agreement as well; and
(b) For payments processed through Stripe, we require you to covenant that any details you are providing to us about you or your business are neither fraudulent or inaccurate and you give LOANHOOD authorisation to share such information with Stripe.
11.7 There may be changes to our fees during our promotional events or if new services are added.
11.8 You agree to not complete transactions outside of the LOANHOOD Services or enter into any agreement to lend or rent any item other than through the LOANHOOD platform with any other user who you initially met through the LOANHOOD Service. Doing so is shall be deemed to be “Fee Avoidance” and you will be liable for and agree to pay double the fees avoided, or a fine of £200 whichever is higher, for each instance of doing so regardless of whether the transaction took place or not.
11.9 If you fail to return an item by the agreed deadline you must contact the Loaner and/or LOANHOOD to notify them as soon as you are aware you are going to miss the deadline. You then agree you will be charged for the following;
(a) up to 24 hours late will be charged 50% of the weekly rental price;
(b) An item returned more than 24 hours late will be charged double the rental fee for the period the item was late;
(c) All applicable taxes to the transaction;
(d) any reasonable legal expenses incurred by the Loaner in retrieving the item(s); and/or
(e) The funds will be taken from your account to cover such charges without your permission being sought.
12.1 You confirm that any images, text or information that you upload to the LOANHOOD Service, including any reviews that you post about other members or items (collectively, your "User Content") will meet the Rules of Acceptable Use. Set out in clause 13 of these Terms of Service.
12.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free,perpetual and irrevocable 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 LOANHOOD Service,including allowing members that you give access to, any User Content to view and use.
12.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
12.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use (see paragraph 13) and in our absolute discretion.
12.6 You acknowledge and agree that content and certain data you submit for inclusion on the LOANHOOD platforms will be accessible by others. You 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.
12.7 You acknowledge and agree that content you upload to the LOANHOOD 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 LOANHOOD and increase visibility of the LOANHOOD services.
12.8 The order of Listings appearing in search results is not indicative or a preference for any particular listing or Loaner by LOANHOOD and is dependent on various factors such as search parameters employed by the Borrower, the price and availability of the item(s), prior cancellations and reviews.
13.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the LOANHOOD Service (the "Rules of Acceptable Use").
13.2 When using the LOANHOOD Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the LOANHOOD Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the LOANHOOD Service under your name or on your behalf unless such person is authorised by you;
(c) use the LOANHOOD 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) promote or advertise any goods or services, other than items you, as a Loaner, make available for rent through the LOANHOOD Service;
(f) send any unsolicited marketing communications through the LOANHOOD Service;
(g) modify, interfere, intercept, disrupt or hack the LOANHOOD Service;
(h) misuse the LOANHOOD Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the LOANHOOD Service or any user of the LOANHOOD Service's own equipment;
(i) collect any data from the LOANHOOD Service other than in accordance with these Terms, or the members, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent
(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark, intellectual Property or other rights of third parties;
(l) use any User Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about Loaners or Borrowers or such items, submit or contribute any information or commentary about another person without that person's permission;
(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other members, and LOANHOOD employees);
(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the LOANHOOD Service in a manner that send more request messages to the LOANHOOD Service than a human can reasonably produce in the same period of time;
(p) enter into any agreement to lend or rent any item other than through the LOANHOOD platform with any other user who you initially met through the LOANHOOD Service. Doing so is “Fee Avoidance” and you will be liable for double the fees avoided, or a fine for each instance of doing so.
(q) upload, distribute or engage in any pornographic content, Chatroulette-style experiences, objectification of real people (e.g. “hot-or-not” voting), making physical threats, or bullying
13.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use any portion of the LOANHOOD Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.4 The responses described in paragraph 13.3 are not limited, and we may take any other action we reasonably deem appropriate.
14.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the LOANHOOD 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 through the LOANHOOD 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.
14.2 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. We reserve the right to take action before notifying you of any such action at our absolute discretion. All decisions taken in this regard shall be at our absolute discretion and we do not owe any duty to users of the LOANHOOD Service.
15.1 We encourage members to resolve any disputes directly. If, as a Borrower, you have lost or damaged an item, you are responsible for reimbursing the Loaner immediately for the full value of repairing the item (if possible) or replacing it.
15.2 If you are a Loaner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a Borrower. Where you claim that a Borrower has damaged an item, we may also ask you to provide time stamped photos of your item taken before it was provided to a Borrower, to support your claim that any damage was caused by the Borrower (and was not present at the start of the rent period).
15.3 In the event that a Borrower and a Loaner are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 25% of any final amounts that we, the Loaner and the Borrower determine are payable by the Borrower to compensate the Loaner for any loss or damage to the item. We will charge this amount to the Borrower in addition to any amounts the Borrower is required to pay to the Loaner (together known as the “Settlement Fee”). If LOANHOOD mediates the dispute you agree to accept LOANHOOD’s conclusion and pay any amount which LOANHOOD determines you are liable for.
15.4 If you owe LOANHOOD or another user money under 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, LOANHOOD may debit this amount from your agreed payment method without further notice to you. In agreeing to these Terms of Service you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
16.1 If you have a dispute relating to the LOANHOOD Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
16.2 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.
16.3 If you have a dispute with another member, you agree to release LOANHOOD from any claim, demand, damage or liability of any kind and nature that has arisen from the dispute, whether knowing and/or unknowing.
17.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to these Terms or the LOANHOOD Service, you must immediately stop using the LOANHOOD Service.
17.2 You must notify us if you wish to close your Account by contacting us using at firstname.lastname@example.org, and we will close your Account and end your use of the LOANHOOD Service.
17.3 We may immediately end your use of the LOANHOOD Service if you break the Rules of Acceptable Use, any other important rule(s), or terms we set for accessing and using the LOANHOOD Service including these Terms of Service.
17.4 We may also withdraw any part of the LOANHOOD Service at any time, including for planned and unplanned maintenance to our Platform and will notify you if we feel it will significantly affect your usage of the LOANHOOD Service.
17.5 If you or we end your use of the LOANHOOD Service or we withdraw LOANHOOD Service as described in this section, we may delete your User Content, any other information that you have uploaded to the LOANHOOD Service or any other information we hold about you in accordance with the terms set out in our Privacy Notice and our obligations under the relevant data protection laws. You will also lose any rights you have to use the LOANHOOD Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the LOANHOOD Service, as well as your User Content, as we will not be liable to you, nor offer you compensation for any losses you might suffer if you lose your rights to access and use the LOANHOOD Service or any such information, content or User Content.
17.6 The termination of your use of the LOANHOOD Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us which for the avoidance of doubt will stay be payable
17.7 Nothing in this paragraph 17 affects any legal rights you may have under the law of the country in which you are resident.
18.1 The terms of this agreement do not limit our liability to the extent that doing so would be prohibited by law.
18.2 While we will do our best to ensure that the LOANHOOD Service itself is of a reasonable standard and quality and matches any descriptions we have provided you, any portion of the LOANHOOD 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.
18.3 In addition, due to the nature of the Internet and technology, the LOANHOOD 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 LOANHOOD 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 LOANHOOD Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
18.4 In the event of a claim arising out of the provision of the LOANHOOD Service, our responsibility to you will never be more than the amount you have paid us in the 6 months immediately 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.
18.5 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
18.6 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.
19.1 The terms within this agreement do not limit your liability for fraudulent misrepresentation, death or personal injury resulting from your own negligence.
19.2 When providing information through the LOANHOOD service you must give a true and accurate description of the condition of the item(s) and detail of what is included or noticeably absent.
19.3 You are responsible for having sufficient funds available to replace the item(s) should you lose or damage beyond repair. If you are unsure of the “Original Retail Price” you can give the estimated value or contact LOANHOOD for assistance.
19.4 You should not rent an item unless you have funds to cover the Original Retail Price. LOANHOOD has the right to take funds corresponding to the Original Retail Price set by the Loaner prior to rental, 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.
20.1 LOANHOOD provides the LOANHOOD Service for Loaners to send items to those who wish to rent the item and want to engage in a transaction with the Borrower. Consequently, LOANHOOD only acts as an intermediary between Loaner and Borrower and does not provide any goods or services outside of that scope.
20.2 By Signing up for the LOANHOOD service you agree and understand that:
(a) LOANHOOD acts as an intermediary only. We are not part of the transaction and not responsible for the acts or omissions of either party
(b) 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 Borrowers.
(c) LOANHOOD is not responsible for the failure of the Borrower to treat items with care and attention
(d) LOANHOOD 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. Please see www.superhog.com our partner if you would like to enter into a Lender Guarantee.
21.1 We are constantly updating and improving the LOANHOOD 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 LOANHOOD Service.
21.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the LOANHOOD Service, or feature relating to the LOANHOOD Service ("changes to the LOANHOOD Service"). These changes to the LOANHOOD Service may affect your past activities on the LOANHOOD Service, features that you use, your User Content and any other information you submit to the LOANHOOD Service ("Service Elements"). Any changes to the LOANHOOD Service could involve your Service Elements being deleted or reset.
21.3 You agree that a key characteristic of the LOANHOOD Service is that changes to the LOANHOOD Service will take place over time and this is an important basis on which we grant you access to the LOANHOOD Service. Once we have made changes to any part of the LOANHOOD Service, your continued use of the LOANHOOD Service will show that you have accepted any changes to the LOANHOOD Service. You are always free to stop using the LOANHOOD Service.
22.1 We may revise these Terms of Service from time to time but the most current version will always be at www.loanhood.com/terms-and-conditions. Please check our site regularly for updates to these Terms of Service.
22.2 Changes will usually occur because of new features being added to the LOANHOOD Service, changes in the law or where we need to clarify our position on something.
22.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
23.1 The current version of these Terms of Service contains the only terms that apply to our relationship with you.
23.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the LOANHOOD Service. If any part of these Terms of Service cannot be enforced then the remainder of these Terms of Service will still apply to our relationship.
23.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
24.1 English law will apply to all disputes and the interpretation of these Terms of Service. If we need to apply to court to enforce any part of these Terms of Service against you or resolve any other dispute between us arising from or related to your use of the LOANHOOD Service, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the LOANHOOD Service heard in the courts of that country.
25.1 This agreement has not been 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.
26.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at email@example.com.
26.2 We value hearing from our members and are always interested in learning about ways we can improve the LOANHOOD 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.
Thank you and welcome to LOANHOOD
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