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GeneralThis website is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of this website (the "Agreement").
Your use of this website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use this website. If you do not agree to these terms, please do not use this website.
Licence to use websiteUnless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Show any material from the website in public;
(d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) Edit or otherwise modify any material on the website;
(f) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our email newsletter); without express written content from Toolsity.
Acceptable useYou must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Registered usersAccess to certain areas of our website may be restricted to registered users. You must be at least 18 years of age to become a registered user. By applying to become a registered user, you warrant that you are at least 18 years of age. In order to become a registered user, you must follow the process as laid out on the Toolsity website.
You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete. You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches these terms. Registered users will have access to features on our website as we may from time to time determine in our sole discretion. We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be in breach of official secrets legislation;
(j) Be in breach of any contractual obligation owed to any person;
(k) Depict violence;
(l) Be pornographic or sexually explicit;
(m) Be untrue, false, inaccurate or misleading;
(n) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
(o) Constitute spam;
(p) Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(q) Cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
DisclaimerThe materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Toolsity expressly disclaims any duty to update or revise the materials on this website, although Toolsity may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Toolsity shall not be liable for any damages of any kind related to your use of this website.
PaymentToolsity uses PayPal as payment engine. The total transaction amount, defined as being the price per day/week/month times the rental duration booked, is authorized at the moment the renter confirms the booking request by proceeding with the payment. The payment is charged once the owner confirms the transaction. The owner has 3 days to confirm the rental request. If the owner declines or does not respond, no charge is made to the renter.
Prices & feesThe price displayed on the article listing is the price set by the owner and due for the renter.
The service fee to cover the service costs of Toolsity is set to 20% of the total transaction amount, with a minimum of 0,50 EUR. The payment processing fees are charged by PayPal and are a combination of a percentage of the total transaction price and a fixed fee. For Belgium domestic transaction, these fees are 3, 4% + €0,35 EUR (according to PayPal’s publicly available information)
The service fee and the PayPal fees are both automatically deducted from the owners/beneficiary’s proceeds.
Transaction agreementAny transaction requires both parties to accept an agreement before the transaction. That transaction agreement further outlines the rules regarding the rental terms (i.e. rental conditions, the refunds and cancellation, the guarantee, the lister obligations), the renter obligations (i.e. usage, return, repossession, prohibited use, damage, payment, repairs, ownership) and the risk and liability terms (acknowledgement and assumption of risk, waiver and release, indemnification, third party claims, insurance, physical condition).
No WarrantyIf you choose to use the service and/or participate in a rental, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Toolsity or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Toolsity does not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
Limitations and exclusions of liabilityAny representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Trade Practices Act that cannot be excluded, restricted or modified by agreement.
Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law
Limited warrantiesYou acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to the website;
(c) Permanently prohibit you from accessing the website;
(d) Block computers using your IP address from accessing the website;
(e) Contact your internet services provider and request that they block your access to the website;
(f) Bring court proceedings against you for breach of contract or otherwise;
(g) Suspend and/or delete your account with the website; and/or
(h) Delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Trade marksRegistered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
CompetitionsFrom time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
Intellectual property rightsUnless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Toolsity owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Toolsity without obtaining authorization from Toolsity.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Third party linksThis website contains hyperlinks and other pointers to web sites operated by third parties ("Hyperlinked Websites"). Unless otherwise stated at those websites, those websites are not controlled by Toolsity. By using those links, you acknowledge and agree that:
Toolsity is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. Toolsity provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by Toolsity, its related bodies corporate, affiliates, corporate partners or licensors. You access such Hyperlinked Websites entirely at your own risk.