1. Rules for listings ..

Your listing on our site must be complete, accurate and not misleading in any respect and must comply with our Acceptable Use Policy in all other respects.

You may only list Permitted Goods or Permitted Services (as defined in paragraph 2 below) on our site.

Where you provide information and materials to us for the purposes of your listing or otherwise, you irrevocably grant us a perpetual royalty free non-exclusive worldwide right to exercise the copyright, trade marks, database rights and all other intellectual property rights subsisting in the same to the fullest extent required to enable us to host and display the materials on our site.

Without prejudice to any other rights we may have, we reserve the right to remove any information and materials from our site where we know or suspect that any of these listing rules have not or are not being complied with.

2. 3rd party sites ..

Listings for any items with fees will be provided to Google and made available to the general public through the Google Merchant Center service.

Listings for any items may be made available to the general public through RSS feeds on any 3rd party websites.

In all cases no personal information is disclosed on the 3rd party site.

3. Permitted goods & permitted services..

All goods or services that you offer on our site must comply with the following:

(a) in the case of goods (Permitted Goods):

• be owned exclusively by you and capable of delivery as agreed;
• be in good condition and repair and safe to transport, keep, use, consume, assemble and/or otherwise deal with;
• where appropriate be accompanied by such ancillary equipment as may be required for their safe transport, storage, use, consumption, assembly and/or other dealing;
• where appropriate be accompanied by manufacturer’s instructions for use;
• not be Prohibited Goods, as such expression is defined below;
• comply with all relevant law (including the Statutes referred to in paragraph 3 below); and
• comply with our Acceptable Use Policy.

(b) in the case of services (Permitted Services):

• be capable of delivery as agreed;
• not be Prohibited Services, as such expression is defined below;
• comply with relevant law (including the Statutes referred to in paragraph 3 below); and
• comply with our Acceptable Use Policy.

Prohibited Goods means any item which is illegal or the hire of which is illegal or restricted in the United Kingdom or the Channel Islands (as the case may be) and any other item which we in our absolute discretion consider to be immoral or inappropriate including in particular but not limited to the following:

• currency, loans, insurance policies and any other (regulated or unregulated) financial instruments or products;
• real estate (except for licences and holiday lettings);
• animals and wildlife products;
• counterfeit or stolen items;
• drug paraphenalia;
• firearms, weapons or ammunition;
• offensive or explicit goods;
• consumable or perishable items; and
• hazardous items.

Prohibited Services includes any service which is illegal or restricted in the United Kingdom or the Channel Islands (as the case may be) and any other service which we in our absolute discretion deem to be immoral or inappropriate.

4. Lender legal obligations ..

Your legal relations with the person borrowing/hiring your goods/services (Borrower) are governed by the terms and conditions of hire/provision of services/licence/holiday let between you and the Borrower as supplemented and amended by Statute and/or other law including but not limited to the following:

(a) Sale of Goods Act 1979 (Sale of Goods Act) Pursuant to the Sale of Goods Act any goods hired out by you must be:

• of “satisfactory quality”;
• “as described”; and
• “fit for purpose.”

Further details of your obligations under this Act are available from the Business Enterprise and Regulatory Reform (BERR)

(b) Consumer Protection Act 1987 (Consumer Protection Act) By virtue of the Consumer Protection Act 1987 and its subsidiary regulations (including without limitation those listed in the Appendix to these rules) and the General Product Safety Regulations 2005 as amended or varied from time to time you owe obligations in respect of the safety of any goods supplied by you. In particular, any such goods must be:

• safe (meaning there is no risk, or no risk apart from one reduced to a minimum, that the goods, their keeping, use, consumption, assembly etc will cause death or personal injury);
• constructed in accordance with engineering practice generally accepted as being good in the EU; and
• designed and constructed to conform with the relevant safety objectives.

It is your responsibility to ensure that all goods and services supplied by you comply with all such applicable rules and regulations. Further details of your obligations in this respect are available from BERR.

(c) Additional Regulation for Business Lenders

You should be aware that there are additional legal obligations on you in the event that you are operating on our site as a business. These additional obligations include:

(i) Electronic Commerce (EC Directive) Regulations 2002 which stipulate inter alia that you must provide the following information in the [Business Information Section] of your listing:

• full contact details for your business including business name, geographic address, and e-mail address;
• details of all relevant professional bodies to which you belong; and
• if relevant, your VAT number.

Further information on your obligations under these Regulations are available from BERR.

(ii) Consumer Protection (Distance Selling) Regulations 2000 which provide inter alia for consumer rights of cancellation in respect of contracts concluded by distance means for the provision of goods or services. Further information on your obligations under these Regulations are available from BERR.

(iii) Supply of Goods and Services Act 1982 which provides inter alia that persons providing services in the course of a business are required to carry out that service with reasonable care and skill. Further information on your obligations under this Act are available from BERR.

NB The pro forma terms and conditions provided by us are for guidance purposes only and we give no assurance that they are appropriate to any given transaction. You are free to amend the pro forma as you wish. It is exclusively your responsibility to check the terms and conditions specific to your transaction and to ensure that you understand and accept their terms and that they accords with all applicable laws.

5. Feedback & grievance resolution mechanism ..

You and the Borrower will be requested to provide feedback to us in respect of your transaction. The Hire Fee (as defined in the Payments Policy) will be released to you after completion of your transaction unless the Borrower provides feedback expressing dissatisfaction in which case the Hire Fee (and all other sums paid by the Borrower) will be apportioned in accordance with our internal grievance resolution [wizard]. For further details see our Payments Policy.

You irrevocably and unconditionally authorise us to apportion and distribute all sums held by us in accordance with the terms of our internal grievance resolution [wizard] notwithstanding the legal position between you and the Borrower. This does not affect the contractual or statutory rights and obligations between you and the Borrower.

If the appropriate stage of our internal grievance resolution [wizard] is reached and you indicate that you wish to make an insurance claim (in circumstances where you opted for insurance cover) we will forward details of your claim to the insurer who will contact you directly.

The confidentiality of our internal grievance resolution [wizard] will be strictly maintained by us in order to protect our grievance resolution mechanism from deliberate abuse and the [wizard] will not be disclosed to you, or to other users, for that reason. We reserve the right to remove your listings and/or suspend or terminate your ability to use our site if we know or suspect that you have or are abusing our grievance resolution mechanism.

6. Tax ..

It is exclusively your responsibility to pay all applicable taxes relating (directly or indirectly) to your use of our site and the provision of any goods or services via our site.

You may need to register for VAT in relation to the provision of goods or services on our site. HM Revenue & Customs’ Guide to VAT contains full details.

If you are VAT registered, and must therefore charge VAT on the hiring out of any goods/services, you should factor this in to the price you specify as prices visible to a Borrower are considered to be inclusive of VAT.

As a Guernsey company, we do not charge VAT on our fee.

7. Ecomodo liability ..

Please refer to paragraph 2 of our Terms and Conditions for an explanation of the limit of our liability in relation to your use of our site.

8. Transactions outside our site ..

You are prohibited from soliciting goods or services for hire outside our site and we urge you not to respond to any third party that contacts you for this purpose. Transactions outside our site do not benefit from the protections available to you when trading via our site.

9. Our right to vary these rules ..

We have the right to revise and amend these rules from time to time. We will notify you in accordance with our Privacy Policy in the event of any such revision or amendment which will become effective within 7 days from the date of notification.