1. Information about us ..

www.ecomodo.com is a site operated by Ecomodo Limited (we/us).

We are a limited company registered in Guernsey under company number 48092 and with our registered office at Saint’s View, Route de Jerbourg, St Martins, Guernsey, GY4 6BL.

2. Services provided and limitation of liability ..

The service we provide (Service) is that of a forum for persons wishing to lend/hire out appropriate goods/services (Lender/s) and persons wishing to borrow/hire the same (Borrower/s). We are not a party to any agreement between a Lender and a Borrower and as such bear no responsibility or liability in relation to the same or in relation to any loss arising (whether directly or indirectly) from or as a result of the same. Where a Lender has opted for insurance in respect of goods being lent/hired out, the terms of such contract of insurance are governed by the terms and conditions of the insurer (which are in all cases approved in advance by the Lender). We are not a party to any such contract of insurance and bear no responsibility or liability in relation to the same.

Our liability for any loss you may suffer is strictly limited to circumstances where we breach the Terms of Use and is strictly limited in such circumstances to the value of any Ecomodo Fee (as defined in the Payments Policy) charged and paid by you in relation to the transaction in question.

Notwithstanding the above, nothing in the Terms of Use shall limit in any way our liability for death or personal injury caused by our negligence nor our liability for fraudulent misrepresentation made by us nor any other liability which cannot be excluded or limited under applicable law.

A summary of the statutory protections available to you in relation to your transaction are set out in our Rules for Lenders and our Rules for Borrowers. Please note that we do not operate as a financial services business and do not earn interest on Deposits (as defined in our Payments Policy) paid by Borrowers. However, we reserve the right to earn interest on all other monies (as such expressions are defined in our Payments Policy) during the period that such sums are held by us.

Please also note that we do not carry on business as an insurance adviser, agent or intermediary and do not earn commission on any insurance policies opted by Lenders.

3. Your status ..

By using our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom or the Channel Islands; and
(d) You are a verified Paypal user.
You should refrain from using our site if any of (a)-(d) above is inaccurate.

4. Accessing our site ..

When using our site, you must comply with the provisions of the following policies and all documents referred to in them:
Rules for Lenders;
Rules for Borrowers; and
Acceptable Use Policy.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services or any of them without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

5. Payments Policy and payments via Paypal ..

It is essential that you review and understand the Payments Policy. By using our site you irrevocably and unconditionally authorise us to apportion and distribute sum/s received from you in accordance with the Payments Policy and our internal grievance resolution [wizard]. This does not affect the contractual or statutory rights and obligations between you and the Lender or Borrower (as the case may be).

All payments made by users of our site are made via Paypal and are subject to the terms and conditions of Paypal. We cannot and do not bear any responsibility or liability in respect of Paypal’s processing of your transaction.

6. "Free" loans and "charity" loans ..

In accordance with our Payments Policy we do not charge a Fee in respect of transactions in respect of which the Lender does not charge a Hire Fee (as defined in the Payments Policy).

We have also established a system for Lenders to donate their Hire Fee to the charity (or other good cause) of their choice via our website, if they so wish. The website enables the Lender to specify the charity or other good cause of his/her choice and to complete and submit a gift aid declaration in respect of the Hire Fee so that the donation of the Hire Fee is grossed up for tax (where relevant) at no direct cost to the Lender. Such donations are made directly to the charity.

7. Intellectual Property rights ..

With the exception of information and materials posted by you and by other third parties, we are the owner or the licensee of all intellectual property rights in our site, in the material published on it, and in the name "Ecomodo". Those works are protected by copyright laws and treaties around the World and the name "Ecomodo" is protected by trade mark in various jurisdictions. All such rights are reserved.

Where you provide information and materials to us, 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 hosting or displaying them would or could breach any intellectual property right of any third party.

8. Privacy and Communication ..

The protection of your Personal Data is of utmost importance to us. Please refer to our Privacy Policy for details of how we use, process and protect your Personal Data and how we communicate with you.

We are registered with the Data Protection Commissioner in the Bailiwick of Guernsey with no. 012014.

9. Illegality, immorality, abuse or interference with our site ..

We are dedicated to ensuring that our Service is used legally and appropriately in all respects. Our Acceptable Use Policy contains details of specific conduct which we consider to abuse or interfere with our site.

We regularly review our site to check for any illegal or immoral use or any abuse or interference of our site and reserve the right to take action (including without limitation removing any offending information or material and/or suspending or terminating ability to use our site and/or taking such legal action as we may in our absolute discretion consider necessary or desirable).

If you become aware of anything on our site which may be illegal or which contravenes the provisions of our Acceptable Use Policy in relation to immorality, abuse or interference with our site, please immediately notify us on our report abuse page.

10. Links from our site ..

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. No partnership or agency ..

Nothing in the Terms of Use is intended to, or shall operate to, create a partnership, agency, joint venture, employment, franchisement or other similar relationship between you and us.

12. Waiver ..

If we fail at any time to insist upon strict performance of any of your obligations under the Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

No waiver by us of any of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with our Privacy Policy.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

13. Severability ..

If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Entire agreement ..

The Terms of Use and any document expressly referred to in any of them represent the entire agreement between us in relation to the Service and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing, relating to its subject matter.

You acknowledge that you have not relied on any representation, undertaking or promise given by us or be implied from anything said or written by us except as expressly stated in the Terms of Use.

15. Our right to vary these terms and conditions ..

We have the right to revise and amend the Terms of Use 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.

16. Breach of terms of use ..

We reserve the right to take all appropriate action (including without limitation suspending or terminating your ability to use our site and/or taking such legal action as we may in our absolute discretion consider necessary or desirable) in the event of a breach by you of our Terms of Use.