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Terms & Conditions of Use

This document sets out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using The Tot Loft.

Terms & Conditions of Use

1. What is Tot Loft?

1.1 Tot Loft operates an online community that allows:

(a) users to advertise items to rent out (the "lenders") and to rent (the "renters");

(b) lenders and renters to communicate with and enter into agreements with other users to lend or borrow such items (such users that rent being "lenders" and such users that borrow being "renters");

(c) users to advertise items for sale (sellers) and to purchase (buyers)

(d) users to resolve disputes concerning the hired items where applicable. See section 15 for more information on resolving disputes.

1.2 Tot Loft Service is provided by TTL Technologies Ltd ("Tot Loft",  “TTL”, "we", "our", or "us").

2. Important warnings about lending and borrowing items

2.1 Tot Loft only provides a platform that enables users to rent, lend buy and sell items. We do not regularly monitor the quality of the items made available for hire by lenders through Tot Loft Service.

2.2 As such, the lender is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you hire through Tot Loft Service

2.3 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 hire, 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.

2.4 If you are a renter, you will be responsible for any items you hire through Tot Loft, 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.

3. Your relationship with us

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 Tot Loft.

3.2 Additional terms will apply to you depending on whether you are a lender or renter. Please refer to paragraph 9 if you are a lender and paragraph 10 if you are a renter.

3.3 By accessing and using Tot Loft, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use Tot Loft.

4. Information about us

4.1 Tot Loft is a company registered in England, please contact us for our registered address

5. Information about you

5.1 Your privacy is important to us. Our Privacy Policy can be found here: 

 

6. Tot Loft

6.1 Tot Loft allows lenders to advertise items for hire and to communicate and enter into agreements with renters for the hire of those items on our app.

6.2 We may, from time to time, provide social features on Tot Loft which enable you to message and share information about your use of Tot Loft with other users. Any use of these social features should comply with our Rules of Acceptable Use below.

7. Setting up your account

7.1 To access Tot Loft, you must set up an account and subscribe to our service 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.

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 Tot Loft. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.

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, you should contact us.

8. Your right to use Tot Loft

8.1 The materials and content comprising Tot Loft 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 Tot Loft in accordance with these Terms of Service.

8.2 Your right to use Tot Loft is personal to you and you are not allowed to give this right to any other person. Your right to use Tot Loft does not stop us from giving other people the right to use Tot Loft.

8.3 Unless allowed by these Terms of Service or as permitted by the functionality of Tot Loft, you agree:

(a) not to copy, or attempt to copy Tot Loft platform or any other portion of Tot Loft;

(b) not to give or sell or otherwise make available Tot Loft app or platform or any other portion of Tot Loft to anybody else;

(c) not to change, or attempt to change Tot Loft platform or any other portion of Tot Loft in any way;

(d) not to look for or access the code of Tot Loft app or platform or any other portion of Tot Loft that we have not expressly published publicly for general use.

8.4 You agree that all confidential information, copyright and other intellectual property rights in Tot Loft app or platform or any other portion of Tot Loft 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 Tot Loft app or platform or any other portion of Tot Loft other than the right to use and access them in accordance with these Terms of Service.

9. Lender Specific Terms

9.1 This paragraph 9 applies to you if you are a lender.

9.2 You are responsible for ensuring that:

(a) you have all necessary rights to rent out any items you advertise on Tot Loft, and that the renter's use of those items will not infringe any other party's rights;

(b) you deliver any hired items to the renter in accordance with the agreement you reach with the renter;

(c) any descriptions of the items you advertise for hire through Tot Loft 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 Tot Loft:

(i) conform in all material respects to any pictures or descriptions that you upload to Tot Loft;

(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 hire.

9.3 You are free to agree any other terms on which you hire an item to a renter, including the price you wish to charge to the renter for hiring your item for the relevant hire period (the "Hire Fee"). When you post items for hire on Tot Loft, you must ensure that the Hire Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes or costs of delivery.

9.4 Once you agree 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.

9.5 You can 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 hire period or with subject to agreement with the renter. If you cancel an agreement to hire an item to a renter less than 48 hours before the start of the hire period, we may charge you a cancellation fee equal to 40% of the relevant Hire Fee.

10. Renter Specific Terms

10.1 This paragraph 10 applies to you if you are a renter.

10.2 When you agree to hire an item with a lender, the lender grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.

10.3 You are responsible for ensuring that:

(a) you are legally allowed to use any item that you borrow through Tot Loft;

(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 or received it from the lender.

10.4 You are free to agree with the lender how you will return any items you have hired to the lender; however, you must ensure that return any items you have hired to the lender before your hire period ends unless otherwise permitted by the lender.

10.5 You will be responsible for any loss of or damage to the item you have hired. Please see paragraph 15 for more information about how we handle disputes between renters and lenders, including any if the item is damaged, lost or stolen.

10.6 You can cancel a request to borrow an item at any time before the request is accepted by the lender, or at any time up to 48 hours after the request is submitted, known as the 'cooling off period'. There is no cooling off period if the request is within 48 hours of the start date unless permitted by the lender. If you cancel before the request has been accepted, or within the cooling off period you will receive a full refund.

10.7 If you fail to return an item by the agreed deadline you must contact the lender and or Tot Loft 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 unless agreed with the lender. 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 20% of retail value per day ("Late Fees"). You agree that Tot Loft can charge this amount from your card or bank account without further permission.

10.8 If you miss the agreed deadline for return, and are uncommunicative with the lender or Tot Loft you agree that we can take a holding deposit from your account up to the full value of the items you have ("Holding Deposit"). This deposit will be fully refundable, less any fees owed to the company or lender, once the items are returned. If the items are not returned, it will not be refunded.

11. Fees and payment

11. The payment method and timings should be agreed between the lender and the renter.

11.2 If you are a renter, once you have agreed to hire an item, you should arrange payment to the lender as agreed.

11.3 When you create your Account, you will need to provide us with valid, up-to-date and address, phone number and email address. When you agree to borrow or buy an item, you agree to pay the relevant Hire Fee, Delivery Fee and Renter Fee agreed to the lender and hereby confirm that the details you provide are accurate and that you have the right to use the payment method agreed.

11.4 If the lender is unsuccessful in charging the Hire Fee, Borrower Fee, Late Fee, Settlement Fee or any other amount to your agreed method of payment 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 Tot Loft (without any responsibility to you), and we shall be under no obligation to provide any or all of Tot Loft while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or the lender. 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 Tot Loft reserves the right to request proof of payment from renters and acknowledgement of payment from lenders in the case that any disputes may arise. See section 15 for more information on settling disputes.

12. Your content

12.1 You confirm that any images, text or information that you upload to Tot Loft, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use.

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 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 Tot Loft (including allowing users that you give access to any User Content to view and use your User Content).

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.

12.4 Our right to use your User Content does not in any way affect your privacy rights.

12.5 We have the right to monitor any User Content and to reject, refuse or delete any User or User Content where we think that it breaks any of the Rules of Acceptable Use.

13. Rules of Acceptable Use

13.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of Tot Loft (the "Rules of Acceptable Use").

13.2 When using Tot Loft you must not:

(a) circumvent, disable or otherwise interfere with any security related features of Tot Loft;

(b) give any false or misleading information, impersonate any person or permit any other person to use Tot Loft under your name or on your behalf unless such person is authorised by you;

(c) use Tot Loft 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 hire through Tot Loft;

(f) send any unsolicited marketing communications through Tot Loft;

(g) modify, interfere, intercept, disrupt or hack Tot Loft;

(h) misuse Tot Loft by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of Tot Loft or any user of Tot Loft's own equipment;

(i) collect any data from Tot Loft other than in accordance with these Terms and Conditions;

(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 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 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 users, and Tot Loft employees);

(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access Tot Loft in a manner that send more request messages to Tot Loft 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 Tot Loft app or platform with any other user who you initially met through Tot Loft. 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.

13.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, 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 Tot Loft app or platform or any other portion of Tot Loft;

(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;

(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. Notice and takedown policy

14.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through Tot Loft infringes their rights. The Infringement Notice should be sent via the contact us page

(a) your name and contact details;

(b) a statement explaining in sufficient detail why you consider that the content available through Tot Loft 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.

15. Resolving disputes between lenders and renters

15.1 We encourage users 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.

15.2 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 borrower. Where you claim that a borrower has damaged an item, we may also ask you to provide 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 hire period).

15.3 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 we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we, the lender and the renter determine are payable by the renter to compensate the lender for any loss or damage to the item. We will charge this amount to the renter in addition to any amounts the renter is required to pay to the lender (together known as the "Settlement Fee"). If Tot Loft mediates the dispute you agree to accept Tot Loft's conclusion and pay any amount which Tot Loft determines you are liable for.

15.4 If you owe Tot Loft or another user 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, Tot Loft 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.

16. Lender Guarantee

16.1 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 on a case by case basis along with proof of purchase and photos prior to sending out the item.

16.2 If you are a renter, any payment we may make to the lender 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.

17. Ending our relationship

17.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or Tot Loft, you must immediately stop using Tot Loft and close your account.

17.2 You must notify us if you wish to close your Account by contacting us on hello@totloft.com.

17.3 We may immediately end your use of Tot Loft if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using Tot Loft including these Terms and Conditions.

17.4 We may also withdraw any part of Tot Loft at any time and will notify you if we feel it will significantly affect your usage of Tot Loft.

17.5 If you or we end your use of Tot Loft or we withdraw Tot Loft as described in this section, we may delete your User Content, any other information that you have uploaded to Tot Loft or any other information we hold about you. You will also lose any rights you have to use Tot Loft 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 Tot Loft, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use Tot Loft or any such information, content or User Content.

17.6 The termination of your use of Tot Loft and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.

17.7 Nothing in this paragraph 13 affects any legal rights you may have under the law of the country in which you are resident.

18. Our liability/responsibility to you

18.1 While we will do our best to ensure that Tot Loft platform or app itself is of a reasonable standard and quality and matches any descriptions we have provided you, Tot Loft platform and any other portion of Tot Loft 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.

18.2 In addition, due to the nature of the Internet and technology, Tot Loft is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of Tot Loft 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 Tot Loft in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

18.3 In the event of a claim arising out of the provision of Tot Loft, 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.

18.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

18.5 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.

19. Resolving disputes with us

19.1 If you have a dispute with us relating to Tot Loft, in the first instance please contact us using the contact us form.

19.2 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.

20. Changes to Tot Loft

20.1 We are constantly updating and improving Tot Loft 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 Tot Loft.

20.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of Tot Loft, or feature relating to Tot Loft ("changes to Tot Loft "). These changes to Tot Loft may affect your past activities on Tot Loft, features that you use, your User Content and any other information you submit to Tot Loft ("Service Elements"). Any changes to Tot Loft could involve your Service Elements being deleted or reset.

20.3 You agree that a key characteristic of Tot Loft is that changes to Tot Loft will take place over time and this is an important basis on which we grant you access to Tot Loft. Once we have made changes to any part of Tot Loft, your continued use of Tot Loft will show that you have accepted any changes to Tot Loft. You are always free to stop using Tot Loft.

21. Tot Loft Platform/App

21.1 This paragraph 21 applies when using Tot Loft platform or app (the "Distribution Platform "):

(a) you acknowledge that these Terms and Conditions are between you and Tot Loft, and not with the provider of the Distribution Platform ("Store Provider");

(b) your use of Tot Loft platform or app must comply with the Store Provider's then-current Distribution Platform Terms of Service;

(c) the Store Provider is only a provider of the Distribution Platform where you accessed Tot Loft website;

(d) Tot Loft, and not the Store Provider, is solely responsible for Tot Loft platform or app;

(e) the Store Provider has no obligation or liability to you with respect to Tot Loft platform or app or these Terms and Conditions; and

(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to Tot Loft platform or app.

22. Tot Loft beta trial

22.1 You acknowledge that this service is being provided on a trial basis as part of Tot Loft beta trial and as such there may be times that the full service is unavailable. You accept the terms and conditions outlined in this contract.

23. Changes to the documents

23.1 We may revise these Terms and Conditions from time to time but the most current version will always be available here, in the Terms & Conditions section of Tot Loft platform or app.

23.2 Changes will usually occur because of new features being added to Tot Loft, changes in the law or where we need to clarify our position on something.

23.3 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.

24. Documents that apply to our relationship with you

24.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.

24.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of Tot Loft. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.

24.3 If you do not comply with these Terms and Conditions 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.

25. Law

25.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of Tot Loft, 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 Tot Loft heard in the courts of that country.

26. Contact, feedback and complaints

26.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please use the contact us form on our website.

26.2 We value hearing from our users, and are always interested in learning about ways we can improve Tot Loft. 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.

27. Optional renter guarantee service.

A huge part of building our platform at Tot Loft has centred around keeping our community safe.  However, if you’re new to the sharing economy or still have concerns, we have got your back and added optional renter guarantee at checkout.

 

As per our terms of use, renters are required to return the item as received, but we understand that accidents do happen. In the situation that an item is damaged during your rental period, we will cover the cost of repair wherever possible and if not, the lender will be reimbursed at the current market value or the item.

 

Before adding renter guarantee to your rental please confirm that you are eligible to use the service by confirming that you can answer the below truthfully:

  • I am the person that created the Tot Loft account and rented the item in question

  • I have provided all of the requested documentation when making a claim

  • I have not been convicted or charged with ANY offence other than motoring offences in the past 5 years

  • I have never been subject to a county court judgement (CCJ), small claims court judgement, a debt relief order (DRO), an individual voluntary arrangement (IVA) or to bankruptcy proceedings

  • I have never had insurance cancelled, refused, or declined or had any special terms imposed

  • I have not made more than 2 insurance claims in the past 5 years

 

There are a few exclusions, please take note of these before adding renter guarantee at checkout:

  • Wear and tear – minor scratches, superficial or cosmetic damage, or any damage that does not affect the functionality of the item

  • Lack of maintenance or appropriate preventative precautions

  • Software or internal components of any technology items

  • Public liability

What to do before and after you rent the item:

  • Take photos or a video or the item within 12 hours of receiving it. These need to be clearly timestamped so we recommend using a smartphone so that the timestamp is automatically recorded

  • If the item has a core function, you need to video it working. I.e. a rocking chair rocking back and forth. This way if there is no external damage but it stops working you can prove it was working upon arrival. And equally, if you believe that the item has been damaged during the rental, please make sure to document that by photos or videos taken/recorded within 12h prior to its return.

  • If an item is accidentally damaged or has not been returned on time you must open a case with us within 24 hours of the end date of the rental. You must do this via email to hello@totloft.com

  • Any items that are not clearly part of the listing will not be covered

  • Most often it's quicker and cheaper if you and the other party are able to resolve the issue directly between yourselves. But if not, our Team will be able to mediate the dispute on your behalf

  • You must contact the borrower to try to resolve the matter directly. If that is unsuccessful, then our Team will be able to mediate the dispute on your behalf