1. Scope of Provisions & Definitions
1.1 These General Terms and Conditions (the Terms)
govern the relationship between Tuxebo Inc, 24
Kennington Rd, Oxford, OX1 5NZ and a registered user (User) of the
Service (defined below).
TUXEBO.COM
(HEREINAFTER REFERRED TO AS TUXEBO, "WE", "WEBSITE",
"MARKET", "SERVICES" OR "SERVICE"). ACCESS TO, AND USE OF, TUXEBO'S SERVICES,
WEBSITE AND MARKET ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER
AGREEMENT OR GENERAL CONDITIONS (THE GENERAL CONDITIONS). YOU ("YOU", "YOUR",
"SUBSCRIBER", "MEMBER", "USERS" OR "USER") ACCEPT, WITHOUT
LIMITATION, TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE GENERAL
CONDITIONS.
"Company",
"Tuxebo" ("us", "we", "our" and
"ours") means
Tuxebo Inc.
"Customers" means any person who submits or
publishes a job on the Website for Rental Companies to quote on.
"Job" means project/job submitted by a
customer via our service.
"Users",
"You", means
anyone making use of the Tuxebo Services.
"Service" means any procedure or service that is
provided by Tuxebo to Users, which includes, but is not limited to:
information, services and products provided through the Website, or by
telephone or email.
"Rental Company",
"Rental Company", Rentors and "Companies" means any business who registers
on the Website in order to quote for work posted by Customers.
"Website" means the website tuxebo.co.uk and all
the pages, content and sub-domains contained therein.
"Expressing
interest",
"Expressed interest" means contact made to a customer via our
Service.
Member, denotes all physical or moral persons
who are registered on the site in order to use its services.
By Member Account we
refer to the private area reserved for each Member. It is accessible with a
password and contains personal details regarding the member.
Renter denotes all Members who rent an item on
the Tuxebo.co.uk website.
Rental Agreement denotes the agreement made between the
Rental Company and the renter, on the one hand obligating transfer of
enjoyment of the item (of said contract) for a given time, and on the other
the obligation to pay a predetermined amount as defined by the contract.
Rent signifies the financial payment made to
the owner by the renter in order to enjoy use of the item.
Rental offer denotes the information published by
the owner presenting an item for rent.
Reservation denotes the request made by a renter on
a certain rental offer.
Rental Confirmation denotes the online acceptance by the
Rental Company of a reservation request made by a renter, creating thus a
contract between the rentor and renter in their jurisdiction.
2. Services
2.1 Tuxebo provides an online platform (the Service) via a website (the Website) that enables Users to conclude a variety of rental and sales agreements (Rental Agreements) between themselves (the parties). Tuxebo does not itself offer items for rent or sale and is not a contracting party in the Rental Agreements that are concluded. Rental Agreements are concluded solely between individual Users. Such agreements will be between a User selling or renting out goods or services (the Rental Company) to a User buying or hiring those goods or services (the Rental Customer).
2.2 Tuxebo exercise no control over the quality, safety or lawfulness of items listed in our database, the truthfulness or precision of the online listings, the ability of owners to rent the goods listed nor the ability of owners to pay for the rental of these goods. We cannot guarantee that the rental parties will effectively complete their transactions. All security deposits or guarantees required by the owner in whatever form, remains the responsibility of the owner. Tuxebo takes no responsibility for any form of security or guarantee deposit.
2.3 "User" within the meaning of the Terms includes each person, firm or company who is registered to use the Service including to procure information or to initiate or conclude rental transactions irrespective of an intention to enter into an agreement as hirer or rental supplier. It further includes all those who access the site
3. Registration / User Account
3.1 All Users must be able to form legally binding contracts. All Users who are natural persons must be aged 18 years or over.
3.2 Use of the Service requires registering and opening an account with Tuxebo. There are no charges for registering and opening an account, but by registering, a User must agree to be bound by the Terms. When registering, the User must give true and complete details. If the User«s details change following registration, the User must update the details in their account immediately or, if this is not possible, immediately inform Tuxebo in writing of the changes.
3.3. Upon registering and within the prescribed technical requirements, the User must specify a User-name and a password ("access data"). The User-name must not be such that its use could infringe third party rights, in particular registered or unregistered trademarks or name or labelling rights, or be in any way illegal or immoral. The User is obliged to keep the access data secret and protect it from unwarranted access by third parties. If the User loses their access data, or if they know or believe that their access data is being used by a third party, the User must communicate this to Tuxebo immediately.
3.4 By submitting the registration form, the User offers
to enter into a contract with Tuxebo governed by
the Terms and confirms that they are entitled to use the Service in
accordance with the Terms.
3.5 Tuxebo reserves the right to decline the User«s registration without giving reasons.
3.6 If Tuxebo accepts the registration, the User will receive a confirmatory e-mail with a confirmation code and a summary of the User«s most important details. The contract between the User and Tuxebo comes into effect when Tuxebo sends the confirmatory e-mail. In order to complete registration, the User must comply with the instructions contained in the confirmatory e-mail.
3.7 Tuxebo
has the right immediately to block a User«s account
at its own discretion:
a) if false statements were made by the User when registering;
b) in the case of loss or suspicion of misuse of the access data by any
person;
c) if the User has breached any of the Terms; or
d) if any serious act by the User gives Tuxebo
reasonable grounds for so doing.
In the event that a User account is blocked by Tuxebo,
the User concerned is barred from re-registering and opening a User account
with Tuxebo without the prior and express written
consent from Tuxebo.
4. User«s Right of Cancellation
4.1 If the User is a consumer they can revoke by notice in writing this User agreement within a two week period without the need to give any reasons. The revocation period begins on the day following receipt by the User of the acknowledgement e-mail and written version of these instructions. The letter of revocation must be sent within the stipulated time limit. The revocation letter must be sent to:
Tuxebo Inc
24 Kennington Road,
Oxford
OX15NZ
or
support@tuxebo.co.uk
The cancellation right is invalidated if, before the end of the revocation period, the User places or books a rental item or sends an enquiry through the Service
4.2 In the event of an effective cancellation, the User is no longer bound by these Terms. In this event, this agreement with the User is to be treated as if it was never entered into and any benefits received by the User or by Tuxebo must be returned to the other.
5. Concluding Rental Agreements
5.1 All information concerning rental or sale arrangements provided by Tuxebo on the Website is for information only. It is non-binding and does not amount to an offer to enter into a Rental Agreement or any other contract.
5.2 Rental Customers have a number of options. They may simply make a rental enquiry. They may hire or buy an item whose availability is set out live on the Website (Live Booking). Where live availability of an item is not evident, they may enter into a Rental Agreement following an enquiry as to availability. The type and the time of the conclusion of a Rental Agreement in the different circumstances are set out below.
5.3 Conclusion and performance of a Rental Agreement are the sole responsibility of the contracting parties and not of Tuxebo. In particular, Tuxebo does not collect the rental fee for the Rental Company.
6. Standard Method
6.1 If the rental (or sale) item is offered under the Standard Method, all appropriate information relating to the rental (or sale), including the rental (or sale) price, is found on the relevant page of the Website.
6.2 By sending the completed rental (or sale) enquiry form the Rental Customer submits to the Rental Company a non-binding rental (or sale) request to enter into a Rental Agreement on the conditions stated in the enquiry, including any special rental conditions offered by the Rental Company.
6.3 Tuxebo forwards the Rental Customer's enquiry on to the Rental Company and the Rental Company may reply to the Rental Customer. The enquiry and the reply are non-binding for both parties until a Rental Agreement is entered into directly between them.
6.4 The contact details necessary to enable the swift conclusion of an agreement are available to both parties. Following the conclusion of a Rental Agreement the Rental Company must inform Tuxebo of the actual amount of the transaction. Tuxebo will then invoice for the relevant commission. Processing is carried out in the log-in area under the menu item "enquiries" -> "supplier bookings".
7. Dealings with Organisations and individuals
7.1 Your interactions with
organisations and/or individuals found on or through the Website, including
payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such organisations and/or individuals.
7.2 You agree that Tuxebo shall
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. If there is a dispute between Users on this
Website, or between Users and any third party, you understand and agree that
Tuxebo is under no obligation to become involved.
7.3 In the event that you have
a dispute with one or more other Users, you hereby release Tuxebo, its
officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way related to such disputes and/or our service.
8. Fees & Refunds
8.1 Use of the Service is free for the Rental Customer.
8.2 Rentors, you agree to pay Tuxebo a success fee for any
business secured through our service. Work will be considered to be secured
if after quoting, messaging or contacting the client via the website you are
paid for some or all of the job advertisied or similar or related work.
The success fee is calculated
as 2.5% +VAT of the total value of the job.
Our success fee invoices have
payment terms of 14 days from date of issue. Since it is impossible for us to
track when work is done and Rentors are paid we cannot wait until you have
been paid for the work. Refunds will be given for success fee payments
usually only if the job has not actually been secured. The proof of which is the responsibility
of the Rentor. Tuxebo is under
no obligation to send reminder invoices.
8.3 You agree you are
responsible for paying our invoices within the payment terms of the invoice.
If your account has an invoice which is more than 7 days overdue your account
will be automatically restricted.
8.4 Refunds may occasionally be
offered in other circumstances at the discretion of Tuxebo
9. Rating System & Feedback
9.1 Tuxebo cannot exclude the possibility that Users use the Service with intent to commit fraud. In particular, Tuxebo does not accept any liability arising as a result of a User registering under a false identity. Tuxebo recommends that all Users verify the identity of their contracting partners prior to the exchange of goods or services.
9.2 In order to provide an indication of the reliability of a potential Rental Customer or Rental Company, Tuxebo has a rating system, the observance and use of which Tuxebo recommends. The system is based exclusively on information from prior contracting partners. The information does not reflect the view, opinion or position of Tuxebo and does not constitute an evaluation or recommendation of Users by Tuxebo. Tuxebo does not verify the information given.
9.3 Following settlement of a Rental Agreement, each party will then have the opportunity to rate the other party and, in particular, to give information on the party«s reliability under the Rental Agreement. The User must only give information that is true, factual and which avoids wrongfully dispraising the evaluated User. The information must not infringe legal requirements. We draw your attention to Clause 13. A User must not rate them self or prompt third parties to rate them self in a particular way. Users must not include in ratings circumstances outside the specific Rental Agreement.
9.4 In its sole discretion, Tuxebo has the right to delete any User rating at any time without giving reasons and without warning. In particular, but without limitation, Tuxebo may delete any rating if these Terms are breached or if the rating runs contrary to the intention of the rating system.
9.5 All
Rentors will be subject to feedback evaluations from Customers for who they
transact with, and thereby understand that Tuxebo is not responsible for the
evaluation content that those Customers post, or any harm done by such
content.
The Customer who posts the
feedback is directly responsible for his or her written evaluation. In some
exceptional circumstances, Tuxebo may remove feedback, but only at its sole
discretion. Likewise, any Customer of the website who posts feedback in
reference to a Rentor is responsible for its accuracy and legality.
9.6 All Users understand that
any use of profanity, libellous behaviour, illegal activity, or any other
form of abuse of the feedback function or any other part of the website may
be banned from further use and reported to the authorities, if applicable.
9.7 Tuxebo performs a number of
checks on feedback to ensure authenticity and may at our sole discretion
remove any feedback that we cannot verify.
Removal or lack of feedback
does not alter the obligation on the Trade Professional to pay any associated
success fee.
10. Use of Personal Details
Contact details that are disclosed through use of the Service, or that become known within the framework of the use of the Service, may be used by the contracting parties solely for transacting Rental Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for sending any unsolicited e-mail, fax or letter or for making contact by telephone or otherwise.
11. Cancellation
11.1 The User can cancel this agreement at any time by sending a written cancellation notice to the address given in Clause 4.1, but any liability already incurred under this agreement remains enforceable.
11.2 Tuxebo can cancel this agreement with the User at any time on two weeks written notice sent by post or email to the relevant address registered by the User. Tuxebo can also cancel this agreement at any time on breach by the User of this agreement.
12. Liability
12.1 Tuxebo does not warrant that the use of the Service will be uninterrupted or error-free.
12.2 Tuxebo shall have no liability for any losses or damages which may be suffered by a User (or any person claiming under or through a User), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
12.2.1 special damage even though Tuxebo was aware of the circumstances in which such special damage could arise;
12.2.2 loss of profits, revenue, anticipated savings, business opportunity or goodwill;
12.2.3 loss of, or damage to, data;
12.2.4 loss of contract;
12.2.5 reduction in goodwill;
12.2.6 for any other direct or indirect or consequential loss however arising, due to any use of or defect in the Service (including any virus) even if such loss was reasonably foreseeable or Tuxebo had been advised of the possibility by the User.
12.3 The exclusions in this licence shall apply to the fullest extent permissible at law, but Tuxebo does not exclude liability for death or personal injury caused by the negligence of Tuxebo, its officers, employees, contractors or agents, for fraud, for breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or for any other liability which may not be excluded by law.
13. Indemnity
13.1 The User indemnifies and holds harmless Tuxebo against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which Tuxebo may incur or which may be awarded against Tuxebo and which arise out of the use of the Services by or with the permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a User through the Website, ratings placed by one User in respect of another User, or as a result of the illegal offer or rental of an item.
13.2 The User is bound, in the event of a claim against Tuxebo, to provide Tuxebo immediately, truthfully and completely with all information required by Tuxebo to examine the claim and to prepare a defence against the claim.
14. No Set-off
A User shall have no right of set-off in relation to any sums due to Tuxebo or any claims or liabilities the User has or claims to have against Tuxebo.
15. Governing Law and Dispute Resolution
15.1 This licence shall be governed by and construed in accordance with Delaware Law and each party hereby submits to the exclusive jurisdiction of the Delaware courts.
16. Amendments to the General Terms of Use
16.1 Tuxebo reserves the right
to amend these Terms. As a
User of the website, you are responsible for acknowledging any updates of
these terms and conditions by visiting this section. Any significant changes
in the terms and conditions will be followed by notification emails to all
active Users.
16.2 Significant revised Terms are deemed accepted if the User does not object within 14 days following the sending of the e-mail. Any objection must be in writing and will have the effect of immediately terminating this agreement.
II. Special Rules for Rental Companies
17. Placing Rental Items
17.1 A Rental Company has the possibility of offering individual items for rent or sale through the Service. The items placed can be booked either through the Website, in person or entirely or partially through one of the partner portals, which Tuxebo maintains in cooperation with other Internet services and in which the Service is wholly or partially integrated.
17.2 The Rental Company must place any item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental terms, features and characteristics of the item reasonably required by another User in deciding whether to enter into a Rental Agreement.
17.3 The Rental Company is permitted to enter contact details that enable another User to establish direct contact with them, whether in the description or in the rental conditions of the rental item being placed, or elsewhere. In particular, it is permitted to specify telephone and fax numbers or e-mail and Internet addresses.
17.4 If the Rental Company accepts orders from consumers, the Rental Company must state that the price named in the offer is the gross price (including VAT) and specify any other price components or additional charges to the consumer, as well as giving the exact rental rate.
17.5 All Rental Companies must ensure that their offer of goods or services for sale or hire complies with all applicable laws, as must their supply or rental of such goods or services and the terms of any Rental Agreement they enter into with another User. This includes, without limitation, all applicable laws governing distance selling and e-commerce and the obligation to provide details of identity and address and to offer a right of cancellation. Specific attention is drawn to the terms of Clause 13.
17.6 The Rental Company has the possibility of describing the items to be placed with images that can be uploaded when placing the item on the Tuxebo server. The Rental Company warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
17.7 The Rental Company must immediately remove items that are no longer available for rental or sale.
18. Hire Companies Obligations / Handling Enquiries
18.1 Following a non-binding enquiry through the Service, the Rental Company receives the contact details of the User making the enquiry and can immediately enter into a Rental Agreement with them.
18.2 The Rental Company must inform Tuxebo of the actual value of the agreement (rent or sale), so as to enable Tuxebo to receive commission. A tool with which this can be done is available in the log-in area.
18.3 User enquiries can be dealt with in the menu item "enquiries". The Rental Company has access to all necessary information regarding the enquiry. Here, the amount of the transaction can be entered or the enquiry cancelled. The Rental Customer will be informed of all cancellations. Tuxebo reserves the right to contact the User who made the enquiry and request information regarding any booking.
18.4 The enquiry remains in the file "unconfirmed requests" until it has been dealt with by the Rental Company. The Rental Company is bound to deal with the enquiry within a reasonable time (which shall be 2 days in the absence of evidence to the contrary). E-mail reminders may be sent to the Rental Company. Tuxebo has the right to de-activate any items if requests to deal with the enquiry remain unsuccessful.
18.5 Tuxebo reserves the right to issue an invoice if an enquiry is not dealt with and following expiry of the return date an invoice will be generated and sent to the Rental Company by e-mail. The Rental Company's obligation to inform Tuxebo of the actual amount of the transaction will remain unaffected. Where appropriate, subsequent invoicing will be initiated to cover the correct sums due.
18.6 If enquiries are not dealt with or cancelled and a Rental Agreement with the interested party is concluded at a later date and if Tuxebo is not informed of this agreement, this can lead to exclusion from use of the Service, to cancellation of the item and to instant dismissal from the Service by Tuxebo. Giving false information with regard to transaction amounts can also lead to instant dismissal and cancellation of the items. All such failure to inform or provision of false information is a material breach of this agreement by the Rental Company.
19. Prohibited Rental Items
19.1 It is forbidden to place items in the Service and offer them for sale or rental
a) if the sale or rental is
illegal; or
b) if selling, renting, offering for sale or rental or advertising infringes
third party rights (by way of example, copyrights, moral rights, performance
protection rights, trademarks, patent rights and design protection rights, or
other third party rights; or
c) if they contain symbols of unconstitutional organisations according to the
law of any EU member state; or
d) if they are pornographic or otherwise harmful to young persons; or
e) if they are weapons; or
f) if they endanger health; or
g) if they are immoral.
19.2 The rental and sale of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Rental Company shall be responsible for adhering to these regulations. Where an official licence is required by law then only licensed Hire Companies have the right to list relevant animals on Tuxebo.
19.3 Tuxebo reserves the right to remove items that breach the Terms or violate any applicable law, without giving reasons and without prior warning. We draw your attention to Clause 13.
20. Copyrighted Items
20.1 Originals or duplicates of works on which copyrights or performance protection rights exist (e.g. musical works, films, live recordings of performances or concerts, photographs, literary works, maps, paintings, graphics, computer programs, data bases etc.) can only be rented out with the express permission of the holder of the rights. This also applies, with the exception of buildings and works of applied art, even if the original or the copy was put into circulation by sale and with the permission of the holder of the distribution rights, and the Rental Company has legally acquired the original or copy.
20.2 The Rental Company confirms that the holder of the distribution rights on any item has given permission for the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 13.
21. Prohibited Details
21.1 The item description given by the Rental Company, including any uploaded images, may not contain advertising for products other than the items offered.
21.2 It is not permitted to create links to third party Internet offers or to other Internet offers of the Rental Company.
22. Privacy and Data Security
Information on data security
and Tuxebo«s privacy policy can be found in the
Data Protection and Security Notice.
23. Waiver
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
24. Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
25. Third party rights
No term of this agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this agreement.
26. Entire agreement and conflict
This agreement and the Data Protection and Security Notice contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
27. Independence
Nothing in this agreement shall create or be deemed to create a partnership, a joint venture or the relationship of principal and agent or employer and employee between Tuxebo and a User.
28. Intellectual Property
28.1 Nothing in this agreement shall give a User the right to use the trade marks, copyright or other intellectual property of Tuxebo.
28.2 Tuxebo
owns all the intellectual property rights relating to the site, including the
designs, text, database, graphics and layouts, and you agree not use or copy
any part thereof without our express permission.
28.3 The intellectual property
rights on postings, messages, text, files, images, photos, video, sounds, or
other materials ("content") Users upload to Tuxebo are retained by
the copyright owner, and these are added to the site by Users at their own
risk. In doing so you are giving expressed and irrevocable permission for us
to store, display and use the content.
28.4 Tuxebo cannot be informed
of all the content on all the rental offers or comments published on the
site. However, Tuxebo pledges to remove as quickly as possible any copyright
protected materials once they are made aware of them.
28.5 The user or member accepts
that Tuxebo.com can use uploaded content for commercial means, and can resell
or exchange information (with the exclusion of personal data) with a third
party for a cost or for free.
28.6 The member guarantees that
he possesses all the intellectual rights on the content of the offers, texts
(Title, sub-title, and visual elements, and visual elements. The member also
guarantees that he possesses the image reproduction rights, right to image
and to personality of the items and persons represented on the visual
elements while respecting the legislation regarding the privacy.
29. Use of External Applications
Use of the application Google
Maps is subject to implicit acceptance of the Terms of Use for Google Maps
(http://maps.google.com/help/terms_maps.html).
Information on the maps
obtained via Google is offered as an approximate guide only.
Any questions?
If you have any questions with regard to the General Terms and Conditions
please refer them to support@tuxebo.co.uk.