User Agreement

This User Agreement is effective upon acceptance for those users who accept it through registration of a reebba account.  Please note, this User Agreement may refer to features that are being developed and do not currently appear on this website.

In this User Agreement:

1. Introduction

This User Agreement, the reebba Privacy Notice, and all policies posted on our sites set out the terms on which reebba offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our Privacy Notice.

2. About reebba

reebba is a marketplace that allows users to offer, lend and borrow just about anything in a variety of pricing formats and locations.

reebba does not have possession of anything listed or exchanged through reebba and is not involved in the actual transaction between borrowers and lenders. The contract for the exchange is directly between borrower and lender.

While we may provide pricing, exchange, listing and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. reebba does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, reebba has no control over, and does not guarantee the existence, quality, safety or legality of, items listed; the truth or accuracy of users’ content, listings or feedback; the ability of lenders to lend items; the ability of borrowers to pay for items; or that a borrower or lender will actually complete a transaction or return an item.

Lenders and borrowers must have a valid payment method at all times. You agree to pay any to reebba in accordance with this User Agreement and the applicable billing agreement(s) you agree to when registering to use the Services provided by reebba. This includes, but is not limited to, amounts owed for reebba fees. reebba will notify you of these charges. If payments or amounts owed to reebba cannot be completed, you are still required to pay reebba for all unpaid amounts and reebba reserves the right to seek reimbursement through other means plus any additional costs incurred by reebba in seeking reimbursement.

3. Using reebba

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems or policies;
• lend any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18 and do not have a parent or guardian’s consent), or are temporarily or indefinitely suspended from using our Services;
• fail to pay or provide agreed consideration for items borrowed by you if required by the lender, unless you have a valid reason as set out in a reebba policy, the lender has materially changed the item’s description after you agree to borrow, a clear typographical error is made, or you cannot contact the lender;
• fail to make available items agreed to be lent by you, unless you have a valid reason as set out in a reebba policy, for example the borrower fails to comply with the terms posted in your listing, or you cannot contact the borrower;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
• transfer your reebba account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific reebba transaction on the reebba site (which includes using this information to send marketing materials directly to reebba users unless the user has given explicit consent to receiving these materials);
• distribute viruses or any other technologies that may harm reebba, or the interests or property of reebba users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any reebba application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to reebba. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to reebba or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
• commercialise any reebba application or any information or software associated with such application;
• harvest or otherwise collect information about users, such as email addresses, without their consent; or
• circumvent any technical measures we use to provide the Services.

If you are registering with reebba as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on reebba, you must comply with all applicable laws relating to online trading for the site you are lending on.

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are borrowing or lending outside of reebba, you may be subject to a range of actions, including limits on your borrowing and lending privileges, restrictions on listings and account features, suspension of your account and application of fees for the introduction of lender to borrower.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

4. Abusing reebba

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel enquiries, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
• we think that such restrictions will improve the security of the reebba community or reduce our or another reebba user’s exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

When a borrower or lender issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both borrowers and lenders.

5. Listing and Lending Conditions

When listing an item, you agree to comply with the rules laid out in the lending basics and that:

• you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the restricted and prohibited items listed in lending basics;
• you own the title to the item listed, it is yours to lend and you take full responsibility for the ability to lend that item;
• you agree to lend the item when requested by a borrower unless there is a legitimate reason for you not to lend as detailed in the lending basics;
• listings shall remain on the site for one calendar year or until such time that the user chooses to extend, edit or remove the listing;
• you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your transactions on the reebba site;
• content that violates any of reebba’s policies may be modified, obfuscated or deleted at reebba’s discretion;
• where your listing appears in search and browse, results may be based on certain factors such as listing format, title, keywords, price, Feedback, and detailed lender ratings.
• we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated lending and performance history of similar lent and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other lenders;
• some optional upgrade features will only be visible on certain reebba Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the borrower.

6. Borrowing Conditions

When borrowing an item, you agree to comply with the borrowing basics and that:

• you are responsible for reading the full item listing before proceeding with communicating with the lender or commitment to borrow;
• you enter into a legally binding agreement when you commit to borrow an item;
• you agree to look after and take care of the item in your possession;
• you agree to return the item to the lender, return it at the agreed time and place and return it in a similar condition to when it was borrowed;
• you take adequate measures to maintain an item’s condition, prevent the item’s damage or loss which may included taking out suitable insurance or adding to an existing insurance policy;
• you agree to pay fees to reebba according to Fees for borrowers;
• you agree immediately to notify reebba of the transaction in order that CO₂ and Generosity Index rewards and Feedback can be activated.

Items are borrowed ‘as seen’, and in the event that the item is damaged once in the possession of the borrower, the terms and conditions in Section 8 shall apply.

7. Item Exchange between Lender and Borrower

Method and time of the exchange of the item between lender and borrower shall be arranged and mutually agreed between each party.  Exchange of the item should consider the most environmentally friendly and sustainable method where possible.

Lenders should highlight any specific handling or delivery/collection information on the item listing, including but not limited to weight, dimensions, whether it can be handled by one or more people.

Lenders should state in the item listing whether they are able to deliver or whether borrower should collect.

If a third party delivery method is chosen, the method and who should be eligible for cost should be agreed by each party.

8. Returning Items

When returning items, you agree to comply with the borrowing basics and specifically that the borrowed item is:

• returned to the lender;
• returned at an agreed time and place;
• returned in a similar condition as when it was lent.

In the event that the item is damaged, lost or stolen whilst in the possession of the borrower, then the borrower should communicate with the lender at the earliest opportunity.

Before returning the item, the borrower should:

• repair or have the item repaired to a quality equal to that at the point of being borrowed;
• If damaged beyond repair or has been lost or stolen, then at lender’s discretion the item should be replaced with an item of similar specification and condition, or the borrower should pay lender the item value amount specified in the item’s listing at the point of agreed transaction;

Returning items to the lender should follow the same process as detailed in section 7 above.

9. Fees

Private lender fees for using our Services are listed on our Fees for borrowers page. We may change our fees, or introduce new fees from time to time by posting the changes on the reebba site or via the Messages 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a borrower, you are liable for transaction fees arising out of all completed transactions made using some or all reebba Services, even if terms are finalised or payment is made outside of reebba. In addition, if you are a lender and you offer or reference your contact information or ask for a borrower’s contact information, you may be liable to pay a fee in consideration for the introduction to a borrower for that item on the reebba site, even if the item does not actually lend.

You are required to be able to make digital payments when borrowing on reebba. If your payment method fails or your account is overdue, we may collect fees owed by retaining collection agencies or legal counsel.

Lenders don’t provide exclusive rights to item exposure on reebba whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

10.0. Resolutions

Most reebba transactions go smoothly. The provisions within this User Agreement define where the responsibilities lie with each party, and if there’s a problem with a transaction it is hoped that both parties can resolve the issue between themselves.

If all options to resolve issues have been exhausted between lenders and borrower without a resolution, then either or both party should refer to the resolution centre.

11. Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including reebba users). You may use that content solely in your reebba listings during the time your listings are on reebba’s sites. That permission is subject to modification or revocation at any time at reebba’s sole discretion.

We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that reebba is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all reebba policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name “reebba” and other reebba marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trademarks of reebba in the UK and other countries. They may not be used unless expressly authorised by reebba in writing.

12. Data protection and Privacy

• You and reebba shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will reebba and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
• You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
• You shall process personal data received from reebba exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
• Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

13. Liability

We try to keep reebba and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. User contact and other notification functionality in reebba’s Services may not occur in real time. Such functionality is subject to delays beyond reebba’s control.

We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• your use of or your inability to use our Services;
• pricing, postage or other guidance provided by reebba;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any reebba Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the abusing reebba section;
• the duration or manner in which your listings appear in search results as set out in the Lending basics section; or
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. reebba cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due to the lender up to the price the borrower paid to borrow the item and any original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

14. Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of reebba’s Services or your breach of any law or the rights of a third party.

15. Legal Disputes

If a dispute arises between you and reebba, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and reebba both agree to submit to the non-exclusive jurisdiction of the English courts.

In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

16. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or via the Messages section of My reebba or by posting the amended terms on www.reebba.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and a reebba representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the reebba site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

reebba works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.

The User Agreement and all policies posted on our site are the entire agreement between you and reebba and supersede all prior understandings and agreements of the parties.

 

 

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal Disputes and the release contained in this General section. Legal notices shall be served by email to notices@reebba,com. We shall send notices to you by email to the email address you provide to reebba during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.