About this Website
The Oborrow.com Website ("the Website") is operated by Oborrow Limited, a limited liability company incorporated in England and Wales under company number 07976483. Oborrow Limited is referred to in these Terms and Conditions as "we" "us" or "our".
Your use of this Website
Your use of the Website is governed by these Terms and Conditions. Prior to becoming a member of the Website, you must read and then accept these Terms and Conditions. If you do not intend to be bound by these Terms and Conditions then you must not use the Website. Continued use of the Website will constitute your acceptance of these Terms and Conditions.
It is very important that you read all of these Terms and Conditions, but we would draw your particular attention to the terms under the heading 'Disclaimer and Limitation of Liability' below.
These Terms and Conditions may change from time to time. All changes will be posted on the Website and members are advised that they should check our Terms and Conditions from time to time. You can access these Terms and Conditions at any time by accessing the link to the, which appears at the bottom of this page. If you continue to use the Website after any amendments have been made, you will be deemed to accept those amendments.
The Website is intended for use by persons of the age of 18 years old and above. If you are under 18 years old then you can only use the Website with the involvement of and under the supervision of your parent or guardian. You cannot register to be a member if you are under 18 years old. Items, including children's items, must not be listed by those who are under 18 years old, the transaction or 'borrow' must instead be performed by your parent or guardian.
Where you breach, or where we suspect that you are in breach of, these Terms and Conditions, we reserve the right, but shall not be required, to provide a warning to you for failure to comply. We also have the right to ban you from the Website at any time, whether or not any prior warning has been given.
What you must not do on this Website
You agree not to do any of the following on the Website:
- defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property, confidentiality, or rights of privacy);
- use the Website for any unlawful purpose or any purpose that is prohibited by these Terms and Conditions;
- publish, post, distribute or disseminate any material which is unlawful, indecent, or obscene, or that may cause annoyance, inconvenience or needless anxiety;
- publish, post, distribute or disseminate any material which is false, inaccurate or misleading;
- be involved in any fraudulent activity or be involved in the transactions involving counterfeit or stolen items (offenders will be named and shamed on the website; contact details and postal addresses may be published);
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or transmit through the Website material that you do not have a right to make available under any law or contractual or fiduciary relationship (such as confidential information);
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
- You must not list any item on the Website that could cause us to violate any applicable law;
- use the Website to collect or store personal data;
- upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms, corrupted files or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- use the Website (or any part thereof) in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- impersonate any person or entity nor attempt any unauthorised access to any part or component of the Website;
- download any file posted by another member that you know, or reasonably should know, cannot be legally distributed in such a manner; nor
- use the Website, the Oborrow.com name or the Oborrow Limited name to endorse or promote any product, opinion or cause. Representation of your personal opinions as institutionally endorsed by us is strictly prohibited.
In order to become a member of the Website you have created an account with a specific username and password (your Facebook login details). You are responsible for all actions taken under that username and password and shall only use the Website using your own username and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. You must notify us immediately if there is an unauthorised disclosure of your username and password.
All Website design, text, graphics, the selection and arrangement thereof, software compilations, underlying source code, software and all other material on this Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners.
Under no circumstances shall the use of this Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) belonging to us or any third party whatsoever.
No user may post nor recommend any other website nor post any advertisement for or recommend on the Website any product or service without our prior written consent.
You must not, nor must you allow any other person to copy, publish, distribute, alter, add to, delete, remove or tamper with this Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website, other than in the course of viewing or using this Website in accordance with these Terms and Conditions.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses resulting from any claim made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party arising out of your use of this Website.
You also agree that in the event that you have any right, claim or action against any other user arising out of that user's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.
Disclaimer and limitation of liability
The Website is an online venue that allows members to List items they own that they are happy to lend to others. The Website acts as a venue for members borrow or lend (a "Transaction") legal goods, at any time on the internet using a variety of methods. We do not review our members Listings and we do not hold legal title to the goods Listed on the Website. We do not become directly involved in Transactions between the individual who owns the items and or the individual who borrows the items, and do not act as agent for either party. Any lending of products on the Website shall be directly between you and the other member. In no way shall we be liable for any such products and we do not make any representations or give any warranties in respect of such products.
We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website at any time for whatever reason.
The Website is provided on an 'as is' basis and to the fullest extent permitted by law makes no, and expressly excludes, all warranties, representations (except for fraudulent misrepresentation) or undertakings about any of the content of the Website (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of such content or goods available on the Website) and cannot be held liable for any use or reliance you may make of or put on it.
All other conditions or warranties not set out in these terms and conditions, whether oral, express or implied by statute, at common law or otherwise, are excluded to the fullest extent permitted by law.
TO THE FULLEST EXTENT PERMITTED AT LAW NO EMPLOYEE OR REPRESENTATIVE OF OURS INVOLVED IN THE WEBSITE WILL BE LIABLE WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE HOWSOEVER ARISING FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS, LIABILITIES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE INCLUDING ANY TRANSACTION ENTERED INTO BY YOU OR BY ANY OTHER PERSON WHO MAY ACCESS THE WEBSITE USING YOUR PERSONAL INFORMATION OR YOUR ACCOUNT OR MEMBERSHIP DETAILS.
THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES, LOSSES, COSTS, CLAIMS, LIABILITIES AND EXPENSES OF ANY KIND WHETHER DIRECT OR INDIRECT OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION LEGAL COSTS OR EXPENSES, DIRECT LOSS OF PROFIT, DIRECT LOSS OF ANTICIPATED SAVINGS, INDIRECT LOSS OF PROFIT, INDIRECT LOSS OF ANTICIPATED SAVINGS, LOSS OF REVENUE, LOSS OF USE OF MONEY, LOSS OF OPPORTUNITY OR LOSS OF OR DAMAGE TO PROPERTY AND/OR ANY WASTED EXPENDITURE OR THIRD PARTY CLAIMS. FOR THE AVOIDANCE OF DOUBT THE LOSSES AS LISTED IN THIS CLAUSE ARE INTENDED TO BE DISTINCT AND SEVERABLE.
Nothing in these Terms and Conditions 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.
It is up to individual members to ensure that they are legally entitled to lend any items that they have Listed. No assumption as to the legality of the transaction (borrows) of the foregoing should be made merely because something is Listed on the Website.
If you place an item(s) for Listing, then you must ensure that you are legally entitled to lend that item, that it is lawful to lend such an item, and if any consents are necessary to lend the item that you obtain such consents.
We do not guarantee the accuracy of any information provided in the description of a member's Listing. You must ensure that you have all the consents necessary to place your Listing and you are responsible for ensuring that no third party's intellectual property rights are infringed by your Listing of an item.
If you place any item for Listing and there is any fraudulent or criminal activity surrounding that Listing then, without prejudice to any other remedy, we reserve the right to remove the Listing and terminate your membership.
You must not lend or borrow any items which we do not permit on the Website. We reserve the right to remove any Listing which we think contravenes or may contravene these Terms and Conditions.
We do not accept any obligation to protect you from unsafe Listings on the Website and you should not assume that merely because something is Listed on the Website it is safe to use. We do not guarantee the safety, quality, condition or ownership of the items Listed on the Website.
It is up to individual members to ensure that any Transaction they are involved in is fair. We take no responsibility for the Listings on the Website, nor the Transactions (borrows) entered into, and will not provide compensation to any member who suffers a loss as a result of a Transaction. The choice is at the members' sole discretion.
You have no legal obligation to complete a Transaction once you have agreed to lend an item to a 'borrower'. The 'borrower' and 'lender' must be legally capable of entering into a Transaction in order for the Transaction to be completed.
In order to effect a Transaction you will have access to other members' personal information. You agree that you will use that information responsibly and only to effect a transaction or for any other purpose that the other member specifically consents to. We have no control over the information that other members may supply to you, therefore we accept no responsibility for its content or its accuracy. There are inherent risks in entering into Transactions and providing personal details and you agree that you accept those risks when entering into a Transaction.
We do not verify the accuracy of the information provided by our members and therefore cannot confirm or guarantee the identity of Website users or the accuracy of the information posted on the Site.
Access to the Website
Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to us. You therefore agree that you will not:
- use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on the Website;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent and/or the appropriate third party;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
We may choose to introduce fees for some of the services provided on or by the Website. We may at our sole discretion change some or all of our services at any time. In the event that we introduce a new service and we charge a fee for that service, the fees will be effective at the launch of the service.
Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. We have no control over and do not endorse nor are in any way responsible for the content of any such websites.
Although we check the Website for viruses we do not warrant that it is free of viruses or other malicious content. Downloading of any files from the Website is at your own risk. It is your responsibility to ensure that any files that are loaded onto your computer are virus free by taking appropriate precautions.
Unless otherwise explicitly stated, notices to us must be sent by registered mail to: Elton Cottage, Newton Garth, Leeds LS7 4HG.
Notices to you will be sent to the email address that you provide to us when you first register with the Website (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid); or by registered mail to the postal address that you provide to us when you first register with the Website.
We make no representation that any products or services referred to in the materials on this Website are appropriate for use in, or are available to purchase via this Website for persons.
These Terms and Conditions set out the entire agreement between you and us. They supersede any previous agreement or understanding.
We may assign the contract under these Terms and Conditions or may sub-contract the whole, or any part of it, to any other person, firm or company.
These Terms and Conditions and your use of this Website shall be governed by and be construed in accordance with English law and any disputes arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
Except as expressly agreed in these Terms and Conditions a person who is not a party to the Contract shall have no rights pursuant to the Contracts ( Rights of Third Parties ) Act 1999 ( the "Act" ) to enforce any term of the Contract. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
Nothing in these Terms and Conditions shall be construed as establishing or implying a partnership between us and any user of the Website nor shall any relationship of agency be implied.
Failure by us to exercise, or delay in our exercising, any right or remedy under these Terms and Conditions shall not constitute a waiver of any of our rights and remedies under these Terms and Conditions.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
We are required by law (in particular the Date Protection Act 1998) to comply with data protection requirements in the way in which we use any personal information collected from you in your use of this Website. We are committed to protecting the privacy of our users by providing a secure on-line experience.
Use and disclosure of your Personal Information
Personal Information provided by you will be used to process transactions and will be made accessible to duly authorised Website personnel and to persons or companies who carry out operations or provide services in relation to our business. Consequently, this information will be shared with our business partners.
Although we have taken reasonable precautions to ensure that our business partners will handle your Personal Information in a secure and proper manner, we cannot be held responsible for failure by any of our business partners to deal with your personal information in accordance with our legal obligations. You should refer to these companies' and your own credit card companies' policies in relation to the protection of your Personal Information since they may use other members of their respective companies and/or third parties (for example in jurisdictions inside or outside the European Economic Area where there may be less stringent data protection laws) to process information on their behalf in relation for example to credit card transactions.
We or our business partners may contact you by email or other electronic messaging service with offers of goods and services or information that may be of interest to you. By providing us with your email address you consent to being contacted by these methods for these purposes. If you have agreed to our terms and conditions, you will also receive information on promotions and events that we feel may be of interest to you.
Your Personal Information may also be used for marketing research relating to Oborrow.com We will try to ensure that your Personal Information is kept secure at all times. We will not sell, rent or otherwise make available any Personal Information relating to our members to other third parties without obtaining your prior consent.
Keeping your account safe
Your Facebook username and password will allow you to access your account. You should keep your password safe and not disclose it to anyone. If you do disclose your user name and password then you will be responsible for any activity on your account, including any fees that are charged to your account.
Although we will endeavour to protect your Personal Information, third parties may unlawfully intercept transmissions or gain access to your Personal Information through the Website. We therefore cannot guarantee that your Personal Information will always remain private.
You may access your account details via the Website using your username and password and correct any erroneous information concerning your Personal Information. Furthermore, you are solely responsible for maintaining and updating your personal details and ensuring that this information is correct, current and complete. You are entitled to ask for a copy of the information that we hold about you (for which we may charge a small fee) and to have any inaccuracies in your information corrected. If you would like to see a copy of the information we hold about you, your personal details change or you have any queries about how we use your information, please contact us at Privacy@Oborrow.com.
Any request concerning Personal Information and/or cancellation of registration to any services provided should be sent to our Customer Services at Privacy@Oborrow.com.
The host server for Oborrow.com is located in England. Any disputes are subject to the courts of England and Wales and United Kingdom data protection laws.