1. What is shelff?
1.1 shelff operates a service that allows:
(a) members to advertise household and interior items for rent (lenders) and rent these items (renters);
(b) members to communicate with and enter into agreements with other members to rent items;
(c) renters to pay lenders for renting relevant items; and
(d) members to resolve disputes concerning the rented items,
which we make available to you through the shelff platform and various third-party applications and websites. It is your responsibility to review the terms and conditions of the third-party applications and websites shelff uses.
1.2 The shelff Service is provided by shelff (shelff, we, our, us).
2. The shelff Beta Trial
2.1 The shelff Beta Trial is the beta trial for selected shelff members to test out shelff’s initial offerings.
2.2 Due to the nature of the beta trial, some features may be unavailable during the shelff Beta Trial. Participating in the beta trial validates your agreement to these terms.
3.1 shelff only provides a service that enables members to rent and lend items, but does not rent or lend items itself. We also do not regularly monitor the quality of the items made available for rent by lenders through the shelff Service.
3.2 As such, the lender (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you rent through the shelff Service.
3.3 If you are a lender, 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 renters’ rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.
3.4 If you are a renter, you will be responsible for any items you rent through the shelff Service, including compensating the lender for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items.
4. What is your relationship with shelff?
4.1 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 shelff Service.
4.2 Additional terms will apply to you depending on whether you are a lender or renter. Please refer to clause 9 if you are a lender and clause 10 if you are a renter.
4.3 By accessing and using the shelff Service and any of its trials, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the shelff Service and any of its trials.
5. Information about you
6. What is the shelff Service?
6.1 The shelff Service allows lenders to list items for rent, and to communicate and enter into agreements with renters for the lease of those items.
7. How can I onboard onto shelff?
7.1 To access the shelff Service, you must fill in a form and provide your email address (your Account). You will need to verify your email address to successfully onboard onto shelff.
7.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the shelff Service.
8. What are your rights to use the shelff Service?
8.1 The materials and content comprising the shelff Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the shelff in accordance with these Terms of Service.
8.2 Your right to use the shelff Service is personal to you and you are not allowed to give this right to any other person.
8.3 Unless allowed by these Terms of Service or as permitted by the functionality of the shelff Service, you agree:
(a) not to copy, or attempt to copy any other portion of the shelff Service;
(b) not to give or sell or otherwise make available the shelff Service or any other portion of the shelff Service to anybody else;
(c) not to change, or attempt to change shelff or any other portion of the shelff Service in any way.
8.4 You agree that all confidential information, copyright and other intellectual property rights in shelff or any other portion of the shelff Service belong to us or the people who have licenced those rights to us.
8.5 You agree that you have no rights in or to shelff or any other portion of the shelff Service other than the right to use and access them in accordance with these Terms of Service.
Your terms as a member of shelff
9. Lender Terms
9.1 This paragraph 9 applies to you if you are a lender.
9.2 You must not offer to lend through the shelff Service any items that it would be illegal to offer for rent in the United Kingdom. We may remove any items offered for rent from the shelff 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 shelff Service, and that the renter’s use of those items will not infringe any other party's rights;
(b) you deliver any rented items to the renter in accordance with the agreement you reach with the renter;
(c) any descriptions of the items you advertise for rent through the shelff 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 shelff Service: (i) conform in all material respects to any pictures or descriptions that you upload to the shelff 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.
(e) you must only handover the item to the person verified by shelff, no third parties.
9.5 You will be responsible for any damage the renter or any other person may suffer as a result of any defect in the item they have rented from you, or for any failure to comply with the requirements in paragraph 9.2.
9.6 You are free to agree to any other terms on which you rent an item to a renter, including the price you wish to charge to the renter for renting your item for the relevant rental period (the Rental Fee).
9.7 Once you agree to the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.
10. Renter Terms
10.1 This paragraph 10 applies to you if you are a renter.
10.2 When you agree to rent an item with a lender, the lender grants you a limited right to use that item for the relevant rent 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 shelff Service;
(b) you comply with all applicable law when using the item;
(c) you comply with any reasonable directions provided by the lender 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 lender (any reasonable wear and tear excepted).
10.4 You are free to agree with the lender how you will return any items you have rented to the lender; however, you must ensure that you return any items you have rented to the lender within an agreed, acceptable timeframe after the end of the rental period.
10.5 You will be responsible for any loss of or damage to the item you have rented. Please see paragraph 18 for more information about how we handle disputes between renters and lenders, including any if the item is damaged, lost or stolen.
10.6 If you fail to return an item by the agreed deadline you must contact the lender and or shelff 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 lender may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the lender within a timeframe that suits the lender. If you do not do so you will be liable to pay late fees, which will be double the rental fee for the period the item was late (Late Fees). You agree that shelff can charge this amount from your card or bank account without further permission.
10.7 If you miss the agreed deadline for return and are uncommunicative with the lender or shelff, or we have reason to believe you have caused damage to the item, you agree that shelff can take a security deposit from your account up to the full value of the items you have rented (Security Deposit). This deposit will be fully refundable, less any fees owed to the company or lender, once the items are returned, replaced or repaired. Otherwise the deposit will not be refunded.
11. Your content
11.1 We do not claim ownership of your member Content, and ownership will remain with you and any third party whose content you include in your member Content. Instead, 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 member Content anywhere and in any form for the purposes of providing the shelff Service (including allowing members that you give access to any member Content to view and use your member Content).
11.2 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 member Content.
11.4 We have the right to monitor any member Content and to reject, refuse or delete any member Content where we think that it breaks any of the Rules of Acceptable Use.
12. Rules of Acceptable Use
12.1 In addition to the other requirements within these terms of service, this section describes specific rules that apply to your use of the shelff Service (the Rules of Acceptable Use).
12.2 When using the shelff Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the shelff Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the shelff Service under your name or on your behalf unless such person is authorised by you;
(c) use the shelff 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 lender, make available for rent through the shelff Service;
(f) send any unsolicited marketing communications through the shelff Service;
(g) modify, interfere, intercept, disrupt or hack the shelff Service;
(h) misuse the shelff Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the shelff Service or any member of the shelff Service's own equipment;
(i) collect any data from the shelff Service other than in accordance with these terms of service;
(j) submit or contribute any member Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(k) submit or contribute any member Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(l) use any member Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about lenders or 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 shelff employees);
(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the shelff Service in a manner that send more request messages to the shelff 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 shelff platform with any other member who you initially met through the shelff Service. Doing so is Fee Avoidance and you will be liable for double the fees avoided, or a £200 fine (whichever is more) for each instance of doing so.
12.3 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 the shelff Service, shelff App or any other portion of the shelff Service;
(b) immediate, temporary or permanent removal of any member 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;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.4 The responses described in paragraph 16.3 are not limited, and we may take any other action we reasonably deem appropriate.
13. Notice and takedown policy
13.1 Any person may contact us by sending us a notice (an Infringement Notice) if any content available through the shelff Service infringes their rights. The Infringement Notice should be sent by email to email@example.com. 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 shelff 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.
13.2 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.
14. Resolving disputes between renters and lender
14.1 We encourage members to resolve any disputes directly. If, as a renter, you have lost or damaged an item, you are responsible for reimbursing the lender immediately for the full value of repairing the item (if possible) or replacing it.
14.2 If you are a lender, 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 renter. Where you claim that a renter has damaged an item, we will use any media content of the item you provided us before it was provided to a renter, to support your claim that any damage was caused by the renter (and was not present at the start of the rental period).
14.3 In the event that a renter and a lender are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If shelff mediates the dispute you agree to accept shelff’s conclusion and pay any amount which shelff determines you are liable for.
14.4 If you owe shelff or another member money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, shelff may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
15. Lender Guarantee
15.1 In the event that you are unable to recover the cost of repairing or replacing an item or the estimated value of the item, we may reimburse you any such amounts provided you have provided shelff with photographic evidence of the item’s condition prior to the rental period and proof of purchase. This isn’t applicable during the shelff Closed Beta Trial.
15.2 If you are a lender, if we agree to reimburse you under the Lender Guarantee, you must inform the renter that any amounts owed to the lender will now be owed to us.
15.3 If you are a renter, any payment we may make to the lender under the Lender Guarantee will not affect your obligation to pay for the items that have been lost, stolen or damaged, but this obligation will be owed to us, rather than the lender.
16. Ending our relationship
16.1 If at any time you do not feel that you can agree to these terms of service or any changes made to these terms of service or the shelff Service, you must immediately stop using the shelff Service.
16.2 You must notify us if you wish to close your Account by contacting us at firstname.lastname@example.org, and we will end your use of the shelff Service.
16.3 We may immediately end your use of the shelff Service if you break the Rules of Acceptable Use, any other important rule(s), or terms of service we set for accessing and using the shelff Service including these terms of service.
16.4 We may also withdraw any part of the shelff Service at any time and will notify you if we feel it will significantly affect your usage of the shelff Service.
16.5 If you or we end your use of the shelff Service or we withdraw shelff Service as described in this section, we may delete your member Content, any other information that you have uploaded to the shelff Service or any other information we hold about you. You will also lose any rights you have to use the shelff Service or to access our content or your member Content. You should therefore ensure that you keep a copy of any information or content you use on the shelff Service, as well as your member Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the shelff Service or any such information, content or member Content.
16.6 The termination of your use of the shelff Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
16.7 Nothing in this paragraph 16 affects any legal rights you may have under the law of the country in which you are resident.
17. Our liability/responsibility to you
17.1 Any portion of the shelff 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.
17.2 In addition, due to the nature of the Internet and technology, the shelff 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 shelff 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 shelff 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.
17.3 In the event of a claim arising out of the provision of the shelff Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
17.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
17.5 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.
18. Resolving disputes with us
18.1 If you have a dispute with us relating to the shelff Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
18.2 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.
19. Changes to the shelff Service
19.1 We are constantly updating and improving the shelff 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 shelff Service.
19.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the shelff Service, or feature relating to the shelff Service (changes to the shelff Service). These changes to the shelff Service may affect your past activities on the shelff Service, features that you use, your member Content and any other information you submit to the shelff Service (Service Elements). Any changes to the shelff Service could involve your Service Elements being deleted or reset.
19.3 You agree that a key characteristic of the shelff Service is that changes to the shelff Service will take place over time and this is an important basis on which we grant you access to the shelff Service. Once we have made changes to any part of the shelff Service, your continued use of the shelff Service will show that you have accepted any changes to the shelff Service. You are always free to stop using the shelff Service.
20. Changes to the documents
20.1 We may revise these terms of service from time to time but the most current version will always be at http://shelff.co/terms-of-service.
20.2 Changes will usually occur because of new features being added to the shelff Service, changes in the law or where we need to clarify our position on something.
20.3 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.
21. Documents that apply to our relationship with you
21.1 The current version of these terms of service contains the only terms of service that apply to our relationship with you.
21.2 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 shelff Service. If part of these terms of service cannot be enforced then the remainder of these terms of service will still apply to our relationship.
21.3 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.
22.1 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 shelff 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 shelff Service heard in the courts of that country.
23. Contact, feedback and complaints
23.1 If you need to contact us in relation to these terms of service or any other document mentioned in them, please email us at firstname.lastname@example.org.
23.2 We value hearing from our members, and are always interested in learning about ways we can improve the shelff 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.