Terms and Conditions

Welcome to MyShed, the app that enables you to Find Tools Near Me as well as allowing you to Hire Out Your Tools. Detailed below are the terms and conditions relating to use of the MyShed app.

By making use of our website and application, you accept these Terms & Conditions.

WELCOME

Welcome to users of www.my-shed.co.uk (“our platform”). Our platform is hosted by us, MAD Designers Ltd.

We are a limited company registered in England and Wales under company number 10439101 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

In these Terms & Conditions we describe what Renters and Providers should expect.

MYSHED CANCELLATION POLICY

The following provisions are subject in all cases to any statutory cancellation rights, where the Provider of an Item is supplying it in the course of its business.

For a full cancellation of the Rental Charge (less the Transaction Fee specified below), cancellation must be made within 48 hours of the Booking being made, and at least 48 hours prior to the scheduled pick-up time for the item being rented.

For a 30% discount of Rental Charges after the expiry of 48 hours from the time the Booking was made, cancellation must be made 48 hours prior to the scheduled pick-up time for the item being rented. For example, if pick-up is at 5pm on Wednesday, cancel by 5pm on Tuesday. Of that 30%, 12% will be received by MyShed as its Commission, and the remaining 18% retained by the Provider.

If the Renter cancels less than 48 hours in advance or does not attend the scheduled pick up for the item, the Rental Charge shall be payable in full.

“Transaction Fee” means 2. 9% of the Rental Charge + 30p for payment cards, plus an additional 2% on international cards linked to an account in a currency other than that of the Rental Charge.

MYSHED RESOLUTION POLICY

When a Renter makes a Booking with a Provider for an Item specifying a Deposit, the Renter’s payment details are stored (but not charged or authorised) for the Deposit. The Deposit will not be charged or authorised unless the Provider makes a claim at the end of the Booking, that the Item has been lost, stolen or damaged.

If the Deposit is charged by the Provider, and the Renter disagrees, MyShed will attempt to facilitate a resolution. If MyShed determines that the Deposit has not been correctly applied, the Provider shall instruct Stripe (or such other Payment Services Provider as may be integrated into MyShed) to effect a refund of the Deposit charged. In the event that the Provider fails to do so in a reasonable time, MyShed may instruct the Payment Services Provider to effect such a refund.

In any event, regardless of the outcome of the dispute, both the Renter and the Provider acknowledge that MyShed shall not have any liability in respect of any dispute between the Provider and the Renter.

This Resolution Policy does not affect any statutory rights of the Renter as a consumer.

MYSHED LTD – RENTER TERMS

1. These Terms.

a. These terms and the documents referenced in them create a legal agreement between you (“you”) and MAD Designers Ltd, a company registered in England and Wales under company number 10439101, whose registered office is at 20-22 Wenlock Road, London, N1 7GU, England (“MyShed”, “we”, “us” or “our”) in relation to the MyShed mobile application. The Item Listings, reviews and booking mechanism made available in the app are referred together in these terms as the “Platform”. The Platform does not include any actual Items – these are provided by the Provider you choose. You agree that by accessing and/or using the Platform, you are agreeing to these terms and our Privacy Policy.
b. Your attention is in particular drawn to the following:

i. the way that we limit our liability to you under section 3.b and section 12 below.
ii. It is your responsibility to carefully inspect an item you are renting at the time it is handed over to you. Subject to any consumer rights you may have, by taking possession of an item from the owner, you will be deemed to have accepted that it is in satisfactory condition. Nothing in these terms affects any mandatory rights you have by virtue of your status as a consumer.
iii. If you agree to a deposit in respect of an item you rent, the owner may charge your payment card up to the amount of the deposit if they claim the item has not been returned in satisfactory condition.
iv. Unless the owner is a business (in which case you may have statutory rights to cancel your Booking with them), cancellations are subject to the MyShed Cancellation Policy.

c. You agree that you are a private individual at least 18 years old, and are present in the United Kingdom at the time you use the Platform. Use of the Platform by anyone under the age of 18 is prohibited, as is use of the Platform by any person located outside the United Kingdom.
d. You can access these terms at any time at www.my-shed.co.uk/terms-and-conditions/. We reserve the right to update these terms from time to time by posting the updated version at that URL. We may do so because we change the nature of our services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Platform.
e. The Item in respect of which details are listed on the Platform are promoted and provided by the relevant Provider you book the Item with. Not by us. Our role and responsibility is limited to listing details of Providers, for booking Items and collecting payment on behalf of Providers. MyShed cannot be responsible for delay or cancellation of an Item by a Provider, or for the quality of Item they provide.
f. We do not verify or make any promises regarding the accuracy and completeness of any information posted by any user with regard to themselves or any article offered through MyShed. You acknowledge that we do not screen or investigate the background of any other user of MyShed. It is your sole responsibility to make whatever checks and take whatever precautions you deem necessary or appropriate prior to entering into and fulfilling a transaction on MyShed.
g. You must satisfy yourself and make your own judgment about your interactions with other MyShed users, whether online or in person, and your use of any articles promoted on MyShed.

2. Meaning of Particular Terms.

For ease of reference the following terms shall have the following meanings in these Platform Terms of Use:
a. “Booking” means a contract for the provision of an Item for a defined period, entered into between you and the Provider by means of the Platform;
b. “Cancellation Policy” means the MyShed Cancellation Policy available here.
c. “Deposit” means a sum specified by the Provider at the time of Booking as security against loss or damage of the Item;
d. “Handover” means the passing of the Item to you by the Provider at the physical location specified for it in the Booking;
e. “Handback” means the passing of the Item by you to the Provider at the physical location specified for it in the Booking;
f. “Item” means any Item for use in a home improvement or domestic household maintenance project, or other household use, promoted by a Provider in an Item Listing;
g. “Item Listing” means a listing in the Platform setting out a description of the Provider and the Item, the price for the Item, and any Provider Terms and Conditions, date available, time available, and address for pickup;
h. “Payment Services Provider” means Stripe or any other payment services provider integrated into the Platform for the purposes of charging Rental Charges and Deposits.
i. “Provider” means a person providing Items, independent of MyShed, which promotes its Item via the Platform;
j. “Provider Terms and Conditions” means any Provider terms and conditions and/or terms of business highlighted in the Item Listing;
k. “Rental Charge” means the sums charged by the Provider in respect of the provision of the Item under a Booking;
l. “Resolution Policy” MyShed’s policy for facilitating resolution of disputes between Providers and renters, available here.
m. “you” and “your” means any person who uses the Platform.

3. MyShed is not an equipment provision service.

a. The Platform aims to connect you with Providers who can rent Items for collection by you or delivery to you.
b. The Platform is designed to enable users to hire an Item with a Provider. Items are provided by the Provider, and not by us. MyShed is responsible only for listing Item Listings and processing payment on behalf of the Provider. The content of the Item Listing on the Platform, is entirely the responsibility of the Provider.
c. What this means is that when you use MyShed to hire an Item, a contract is made between you and the relevant Provider for provision of the Item to you at the price listed in the Item Listing. That contract may include separate Provider Terms and Conditions – we require Providers to set these out in the Item Listing.
d. All Item Listings on the Platform are listed by MyShed on behalf of Providers. As a result, we are not (and cannot reasonably be) responsible or liable to you for anything in relation to the promotion of the Provider or an Item on the Platform.
e. While Providers may possess their own profiles on the Platform, we do not represent, endorse or recommend any particular Provider or the quality of their Items.
f. The Providers on the Platform are not our employees or workers. We are not a provider of equipment. We have no involvement in the availability or Handover or Handback of your Item.

4. Bookings.

a. Once you book an Item through the Platform in accordance with these Platform Terms of Use and the Item Listing, the Payment Services Provider will take payment for it on behalf of the Provider.
b. We require our Providers to ensure that all information provided by them in an Item Listing is accurate, complete and not misleading in any way. But given the large number of Item Listings, we cannot verify all the information which they provide to us. It is the Provider’s responsibility to ensure that the Item as set out in the Item Listing is available and accurately described. We are not therefore responsible for any inaccuracies in the Item Listing.
c. As a consumer, you may have legal rights against a Provider who hires the Item in the course of its business, in relation to any Item that is not of satisfactory quality, or if the Item is not as described in the Item Listing. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Platform Terms of Use will affect your statutory rights.
d. By requesting to borrow an Item you agree that you:

i. have read and accepted the Item Listing and Provider Listing before making a request to borrow an Item;
ii. accept liability for the full value of the Item in case of loss or damage as from Handover to Handback;
iii. If you have failed to extend the Booking and exceed the Booking period, you acknowledge that MyShed may charge you for the extended Booking period. The Provider may have other rights against you in respect of any failure to provide the Item in accordance with the Handback in respect of the Item.

5. Cancellations.

a. You should only cancel Bookings where absolutely necessary – remember, the Provider may have made special arrangements to be able to provide you with your Item. If the Provider is acting in the course of their business, nothing in these terms affects your statutory rights of cancellation as a consumer.
b. If you need to cancel a Booking, the Cancellation Policy will apply.
c. In exceptional circumstances the Provider may need to cancel the Booking due to unforeseen circumstances; we require Providers to notify us of this immediately. We will notify you and refund the Item charge as quickly as possible in the event of cancellation by a Provider. We may also offer you alternative suggestions in such events by sharing details of other Items available at your chosen time/location. You must notify us of a cancellation by Contacting Us.

6. Payment.

a. Rental Charge includes VAT where applicable unless it is stated otherwise in the Item Listing.
b. When you agree a Booking with a Provider by means of clicking ‘Place Order’, you have created a binding contract with the Provider for collection of the Item in exchange for payment of the Rental Charge.
c. You are responsible for ensuring that you are available to meet the Provider at the Handover time and location specified in your Booking. To be clear, if you are unavailable to meet with the Provider at the agreed time and place to pick up the Item, you will not be entitled to any refund of the Rental Charge.
d. By making a Booking you agree to the Payment Services Provider reserving a charge on your payment card or other payment method for the charges agreed (including any Deposit) in respect of any Booking. The Rental Charge will be taken from your account at the scheduled Handover time. The Deposit will be taken from the same payment card in the event that the Provider chooses to do so; we require them only to do so when the Item is not returned in satisfactory condition on or before the agreed date for Handback of the Item.
e. You further acknowledge that if you fail to return the Item in accordance with the agreed Handback, we are entitled to charge you on the Provider’s behalf for the full charges for each additional day that the Item is returned after the Handback. You further acknowledge that we may take the funds directly against your payment card to cover such charges, without seeking further permission from you.
f. In the event of dispute between you and the Provider in respect of the charging of a Deposit, you and the Provider must attempt to resolve this between yourselves, and you release us from any liability in respect of any such dispute. In the event that you are unable to resolve such a dispute, you may request that the matter is referred to us under our Resolution Policy.

7. Use of the Platform.

a. Whilst you are in compliance with these terms (including the Acceptable Use Policy), we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Platform (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Platform for anything else.
b. We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability or functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); or because it is no longer economically viable or efficient to provide the Platform.
c. You agree that you will (and you will take full responsibility to ensure that no other person picking up the Item will):

i. not use any offensive behaviour or abusive language to any Provider;
ii. not request any other Item from the Provider other than that specified by or related to the Booking;
iii. not act in any manner which is or which could reasonably be considered by the Provider to be sexual, threatening, harassing, intimidating, or aggressive, or which might make the Provider uncomfortable; and
iv. not attempt to make any payment (in cash or otherwise) to the Provider for the Item other than through the Platform.

d. Without limiting the rights of us or the Provider, if you do not abide by the terms of this Section 7, the Provider will be entitled to cancel the Booking and not refund any charges to you and we may also terminate your account without notice. We reserve the right to notify the police and pursue any civil remedies available in respect of any such behaviour.
e. You will keep confidential any password or other authentication for your use of the Platform, and shall notify MyShed immediately on suspicion that any other person has obtained access to it. You are solely and fully responsible for all activities that occur under your account for the Platform, even if such activities are not authorised by you.

8. Accounts.

a. If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
b. If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
c. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
d. If you notice an unauthorised use or breach of your user account, you must Contact Us immediately.

9. DISCLAIMER – No control over Item Listings, No Warranty regarding the Platform.

a. We do not create the content of any Item Listings in the Platform. The Item Listing is not produced by or for us, nor comprehensively verified by us. Therefore, we do not guarantee the accuracy, integrity or quality of that Item Listing. Under no circumstances will we be liable in any way for any Item Listing, including, but not limited to, any errors or omissions in any Item Listing, or any losses or harm of any kind resulting from the use of any Item Listing made available via the Platform.
b. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Platform will always work properly.
c. Your rights as a consumer are unaffected by these terms.

10. Your conduct in relation to the Platform.

a. You must comply with all laws in your use of the Platform.
b. You must at all times abide by MyShed’s Acceptable Use Policy.

11. Your breach of these terms.

a. We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of Section 10, is likely to be considered a material breach.
b. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

12. LIMITATION OF LIABILITY – IMPORTANT – PLEASE READ CAREFULLY.

a. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Provider), and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded. To be clear, we will not be liable for any death or personal injury which does not result from our negligence or that of our employees or agents. You acknowledge that the Provider, not us, is responsible for Items in the Item Listing and we do not control or create the Item Listing.
b. We only supply the Platform for your own private use. You agree not to use the Platform in the course of any business or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c. We are not responsible for:

i. Any losses in relation to your receiving or not receiving the Item (including the Provider not supplying the Item or not supplying it in accordance with the Item Listing);
ii. losses or harm not caused by our breach of these terms or negligence;
iii. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, mobile device failure or financial loss; or
iv. technical failures or the lack of availability of the Platform, and/or social media channels linked to the Platform.

d. We will provide the Platform with the same skill and care as other similar service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Platform is to discontinue your use of the Platform and we are not responsible or liable for any interruptions or errors that you may experience while using the Platform.
e. Subject to sub-section 12a above, our total aggregate liability to you in respect of any loss or damage suffered by you which arises out of your use (or any other person’s use on your behalf) of the Platform or our related services shall not exceed £100.

13. Intellectual property.

a. You acknowledge that all copyright, trade marks (including ‘MyShed’ and the MyShed logo), and other intellectual property rights in and relating to the Platform (other than the content of Item Listings, which remain the property of the Provider) are owned by us or licensed to us by our partners.
b. You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform unless we have first agreed to this in writing. You must not use any MyShed trade marks (including ‘MyShed’ and the MyShed logo), or other intellectual property rights in and relating to the Platform without our prior written consent.
c. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

14. Privacy.

a. We are registered with the Information Commissioners as a data controller in the United Kingdom.
b. We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using the Platform, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy, you should not access and/or use the Platform.
c. We may use any feedback or comments you make in respect of the Platform or any Provider in our marketing material. We may use your first name and the initial of your surname, but will not use your full name unless we get your prior consent to do so. See Privacy Policy details in full.

15. Links.

a. We may link to third party products or services from the Platform, including to Providers’ websites. You understand that we make no promises regarding any content or goods provided by such Providers or other third parties. We are also not responsible to you in relation to any losses or harm caused by such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

16. General.

a. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
b. These terms set out the entire agreement between you and us concerning the Platform and they replace all earlier agreements and understandings between you and us.
c. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
d. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

17. Complaints and dispute resolution.

a. If you have a complaint about your Item, we would encourage you to contact the Provider and if that is unsuccessful we may facilitate a resolution in accordance with our Resolution Policy.
b. If you have a complaint regarding the MyShed service, please Contact Us.
c. Most concerns can be solved quickly. But in the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction.

18. Questions about these terms.

a. If you have any questions about these terms or the Platform, you may Contact Us.

MYSHED LTD – PROVIDER TERMS

1. These Terms.

a. We are MAD Designers Limited of 20-22 Wenlock Road, London, N1 7GU, England, provider of the MyShed service. Our company number is 10439101. We are referred to in these terms and conditions of use as “we” or “MyShed”. Any person registering as an owner of equipment on the MyShed service is referred to in these terms and conditions of use as “you” or “Provider”.
b. These terms explain the basis on which you may use the MyShed promotion service provided by means of the Myshed mobile application (the “Platform”). These terms tell you who we are, the commission we charge ,how we will provide the Platform to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
c. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

i. You are an individual.
ii. You are using the Platform for your personal use (not for use in connection with your trade, business, craft or profession).

d. If you are a business user this is our entire agreement with you. If you are a business user these terms constitute the entire agreement between us in relation to your use of the Platform. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
e. If you are an individual, you must be aged 18 years or over to use the Platform. Use of the Platform by any person under 18 years of age is prohibited.

2. Registration.

By registering for the Platform, you agree to be bound by the following Terms & Conditions and any terms specified in the Registration Form. The Registration Form and these Terms & Conditions are referred to together as “the Agreement”.
a. MyShed is a marketplace through which customers (“Renters”) can borrow DIY and household equipment for domestic home improvement or maintenance projects and are introduced to Providers based on the Provider’s location. MyShed lists and promotes the Provider’s equipment to potential customers, and facilitates the Provider’s use of a third party payment service provider to collect Rental Charges and Deposits on behalf of the Provider. No contract exists between MyShed and the Provider, or MyShed and the Renter, for the provision of any equipment. MyShed only acts as an intermediary between the Provider and the Renter. All contractual arrangements for the hire of any Item are solely between the Provider and the Renter.
b. We do not verify or make any promises regarding the accuracy and completeness of any information posted by any user with regard to themselves or any article offered through MyShed. You acknowledge that we do not screen or investigate the background of any other user of MyShed. It is your sole responsibility to make whatever checks and take whatever precautions you deem necessary or appropriate prior to entering into and fulfilling a transaction on MyShed.
c. You must satisfy yourself and make your own judgment about your interactions with other MyShed users, whether online or in person, and your use of any articles promoted on MyShed.
d. You should read these terms and conditions carefully before using the Platform. In particular, you should be aware that:

i. Clause 7.h. contains a release from you to us in respect of any claims arising in respect of your contract with a Renter; and
ii. Clauses 16 and 17 contain important limitations and exclusions of MyShed’s liability to you.

e. If you do not agree with or accept any of these terms, you should stop using the Platform immediately.
f. If you have any questions about the Platform, please Contact Us.
g. MyShed may revise the terms of the Agreement at any time by notifying the Provider at any time by means of the contact details specified in the Registration Form. MyShed will give the Provider prior notice of such variation by means of the Platform, either by email or by a notice in the Provider’s ‘dashboard’ account area of the Platform.

3. Definitions.

In this Agreement, unless otherwise provided:
a. Booking
means a contract for the provision of an Item to a Renter for defined period, entered into between the Provider and a Renter who was introduced to the Provider by MyShed.
b. Cancellation Policy
the Cancellation Policy applicable to all Bookings (in addition to any consumer rights of the Renter, in the event that the Provider is a business), available here.
c. Commission
12% of the Rental Charge;
d. Dashboard
means the personalised area provided on the Platform for the Provider to view and manage his/her MyShed account and Item Listings.
e. Deposit
a sum, not to exceed the lesser of the value of the Item and £100. 00 (one hundred pounds) specified by the Provider in the Booking in respect of loss of or damage to the Item while the Item is in the Renter’s possession;
f. Handback
means the passing of the Item by the Renter to the Provider at the physical location specified for it in the Booking.
g. Handover
means the passing of the Item to the Renter by the Provider at the physical location specified for it in the Booking.
h. Item Listing
means a description and images of an Item, created by the Provider by means of the Platform.
i. Item
means an item of equipment belonging to the Provider as promoted in an Item Listing.
j. Local Area
means the area specified as such in the Registration Form.
k. Mandatory Item Information:
means, with respect to each Item: (a) description; (b) digitized image that accurately depicts only the Item and does not include any additional logos, text or other markings; (c) any text, disclaimers, warnings, notices, labels or other content required by applicable law to be displayed in connection with the offer, merchandising, advertising or sale of the Item; (d) the full instruction manual for the Item or a link to a free of charge copy of it online; (e) brand; (f) model; (g) product dimensions; (h) weight; (i) a delimited list of technical specifications; (j) the condition of the Item (e. g. lightly used, no scratches).
l. Payment Services Provider:
Stripe, or such other third party payment services provider with which the Provider has an account, which is integrated into the Platform.
m. Provider’s Content
means any information and materials provided to MyShed in connection with the Provider’s registration for and use of the Platform (including images of equipment, images of the Provider, text, and details on the Registration Form) and any rights in the Provider’s likeness or image represented in that information or materials.
n. Rental Charge
means sums agreed between a Provider and a Renter as being payable in respect of an Item under a Booking.
o. Rental Request
means a request by the Renter for an Item.
p. Renter Data
means personal data of the Renter disclosed by the Renter by means of the Platform in requesting the Item.
q. Renter
means a person in the United Kingdom who uses the MyShed mobile app to search for DIY tools or household items to borrow.

4. The Platform.

a. The Provider appoints MyShed to promote the availability for hire of Items, facilitate the booking of Items, on the terms of this Agreement.
b. MyShed will on the Provider’s behalf accept all Rental Requests within the parameters specified by the Provider on the Dashboard. The Provider will indicate by means of the Dashboard the times and dates at which the Item is available for Bookings.
c. If the Provider considers that a Renter has in the course of Handover or Handback of an Item, acted in an inappropriate way towards him/her, including in a manner he/she feels to be offensive, violent or sexually inappropriate, the Provider should immediately make a report to the appropriate authorities and then to MyShed via our Contact Us page. com quoting the police report number and location. The Provider’s report may cause MyShed to investigate such behaviour and/or bar an individual Renter from the Platform, but MyShed shall not be obligated to take action beyond that which is required by law, and will not be obliged to incur any additional liability or expense in doing so.
d. The Provider acknowledges that all browsers and visitors to www.my-shed.co.uk will be able to view the contents of the Provider’s profile and each of the Provider’s Item Listings.
e. The Provider shall ensure that any use by it of the messaging function in the Platform shall be in accordance with the MyShed Acceptable Use Policy.
f. The Platform is intended to be a service for the listing of home improvement, DIY and domestic repair and maintenance equipment and other household items only. The Provider agrees to not list as an Item any other equipment or item. A list of Prohibited Items can be found on the MyShed Prohibited Items page. The Provider agrees not to list any item which is not lawful to hire in the Local Area.

5. Payment and Commission.

a. As a condition of using the Platform, the Provider must maintain an account with the Payment Service Provider and accept the Payment Service Provider’s terms and conditions. MyShed will not be responsible for any acts or omissions of the Payment Service Provider. MyShed does not process any payments and is not responsible to the Provider in respect of any chargebacks or fraudulent user activity conducted by means of the Payment Service Provider in respect of the Booking or the Rental Charge. The Provider is responsible for payment of all sums charged by the Payment Service Provider in accordance with the Payment Service Provider’s terms and conditions.
b. MyShed receives its Commission automatically by means of the Payment Services Provider. The Provider hereby authorises MyShed to instruct the Payment Service Provider to pay to MyShed any outstanding Commission owed to MyShed, by means of a deduction from the Rental Charge.
c. All financial transactions, the storing of financial data and the transfer of funds is managed and handled entirely by the Payment Services Provider and are not the responsibility of MAD Designers Ltd.
d. Each party must pay all sums which it owes to the other party under this Agreement free and clear without any set-off, counterclaim, deduction or withholding of any kind save as may be required by law.
e. The Provider must not accept payment in respect of the Booking by any means other than through the Platform. Any breach of this clause 5.e. shall be considered a material breach and, without limitation on MyShed’s rights or remedies, MyShed shall be entitled to immediately terminate this Agreement.
f. The Provider shall be responsible for accounting for any taxes or VAT applicable to it which arise under the Booking.
g. In the event that an Item is not returned in accordance with the Handback arrangements, MyShed shall on the Provider’s behalf apply to the Renter the daily charges for the Item until the Item is returned.
h. In the event that the Item is lost, stolen or is damaged during the Booking, and the item is not returned in good working order at the agreed Handback time, the Provider may instruct the Payment Services Provider to charge the Deposit to the Renter.

6. Item Listings.

a. The Provider is responsible for using the Platform to list details of him/herself and any Items for which he/she wishes to receive Rental Requests.
b. The Provider shall ensure that all Item Listings:

i. accurately and comprehensively list all operation instructions, safety instructions and components as specified in the Provider Welcome Pack;
ii. accurately specify the Rental Charge;
iii. shall contain any additional terms or conditions to which any Booking for the Item is subject; and
iv. contain the Mandatory Item Information.

c. The Provider acknowledges that the Mandatory Item Information is merely a general guide to requirements specific to the Platform, and is not a substitute for the Provider’s own enquiries as to his or her legal obligations under applicable law. The Provider is at all times responsible for ensuring that it complies with all applicable laws and regulations in the context of his/her own hiring activities.

7. The Provider’s obligations.

a. The Provider must act with good faith towards MyShed and the Renter.
b. The Provider is under no obligation to list any Items as available for Bookings at any time. If the Provider lists Items as available for a particular period, the Provider acknowledges that MyShed will accept Rental Requests on his/her behalf within the parameters of the Item Listing, which creates a binding contract to make the Item available accordingly.
c. The Provider warrants and undertakes that all information provided by it to MyShed (including any information or documents provided as part of the registration process) is honest, accurate, genuine and complete. The Provider will promptly update such information as necessary to ensure it at all times remains honest, accurate, genuine and complete.
d. MyShed will not cover any costs incurred by the Provider in carrying out its obligations under this Agreement including in relation to any Booking.
e. At all times in relation to the Platform, the Provider shall abide by all applicable laws and regulations, and any rules, guidance, standard or recommendations of his/her Local Authority in relation to hiring of the Item.
f. The Provider will not allow or permit his/her authentication details for the Platform to be used by any person other than the Provider as specified in the Registration Form. Failure to do so will imply a material breach of this Agreement and lead to immediate disqualification from the platform. In the event of any breach of this clause MyShed shall be entitled to immediately terminate this Agreement.
g. The Provider will keep confidential any password or other authentication for his/her use of the Platform, and shall notify MyShed immediately on suspicion that any other person has obtained access to it. The Provider is solely and fully responsible for all activities that occur under his/her account for the Platform, even if such activities are not authorised by the Provider.
h. MyShed is not a party to transactions between Renters and Providers. In respect of any dispute arising between Renter and Provider, the Provider releases MyShed (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes (including in respect of any loss or damage to an Item).
i. The Provider will ensure that he/she will not directly or indirectly:

i. disclose or convey any personal data regarding the Renter (“Renter Data”) except as necessary for him/her to perform his/her obligations under the Booking; or
ii. use any Renter Data for any marketing or promotional purposes whatsoever, or in any way inconsistent with applicable law (including applicable privacy and data protection legislation).

j. The Provider promises by registering for the Platform that he/she is lawfully resident in the Local Area and is lawfully entitled to hire Items to Renters in the Local Area.
k. The Provider shall not:

i. have any authority to incur any expenditure in the name of or for the account of MyShed;
ii. hold himself/herself out as having authority to bind MyShed;
iii. include in any covering or packaging of the Item or promotional materials any logo, trade mark or branding of the Provider; or
iv. represent itself as an employee, agent or contractor of MyShed or of any Renter.

l. The Provider shall be responsible for the supply and maintenance of all equipment needed by him/her to maintain the Item in good working order.
m. During the term of this Agreement, the Provider agrees not to approach in respect of any equipment rental any Renters with whom the Provider has concluded a Booking in the previous 12 months.
n. The Provider shall ensure that the Item is in good working order and meets in all respects the description in the Item Listing.
o. In the event that the Item is no longer in good working order at any time, the Provider must remove the relevant Item Listing immediately and notify MyShed by means of the Dashboard.
p. The Provider undertakes that all items in the Item Listing (including any images) are cleared for use in the Item Listing and that their use in the Item Listing and publication on the Platform will not infringe the intellectual property rights of any third party.

8. Cancellation by the Renter.

a. If the Provider is a business, Renters may have the right to cancel a Booking under applicable consumer laws, which the Provider acknowledges are not affected by these terms. In the event that Provider cancels a Booking in accordance with such consumer laws, it shall pay to MyShed a sum equivalent to the Transaction Fee (as specified in the Cancellation Policy).
b. In addition, the Provider agrees to abide by the Cancellation Policy, which will apply in respect of any cancellations from Renters.

9. The Provider’s Status.

a. The Provider acknowledges and agrees that the relationship between the Provider and MyShed is that of independent contracting parties. The Provider is not a worker, contractor or employee of MyShed. The Provider does not have authority to enter into written or oral contracts on behalf of MyShed, of either an implied or express nature.
b. MyShed shall not, and shall not be entitled to direct, control or oversee a Provider’s hiring of any Item or require that it be performed in any particular manner not set out or referenced in this Agreement. MyShed does not control a Provider’s manner of fulfilling the Booking, pricing for hire of the Item, or length of the hire under any Booking.
c. MyShed acknowledges that the Provider is providing the Item him/herself on his/her own account, and that the Provider shall be entitled to:

i. specify the dates and times at which he/she wishes to accept Bookings;
ii. set his/her own Rental Charge, by means of the Platform; and
iii. specify availability for pick up and drop off of Items at times of day convenient for him/her.

d. Nothing in the Agreement shall prevent the Provider from being engaged, concerned or having any financial interest in any capacity in any business, trade, profession or occupation during or after this Agreement.
e. The Provider agrees that he/she is responsible for his/her own accounting and tax affairs and that he/she will indemnify and hold MyShed entirely harmless from any claims from HMRC or any other body in respect of any tax or VAT payable in respect of any Booking.
f. The Provider is responsible for confirming the effect on any retailer or manufacturer warranty or guarantee for the Item of providing Items to Renters by means of the Platform.
g. The Provider will be responsible for providing to the Renter (either as part of its profile, the Item Listing, the messaging function or otherwise) such information as may be required under consumer laws applicable to the Booking in the jurisdiction to which it is subject.
h. If the Provider is a business established in the European Union, it shall provide to the Renter such information as may be required under the Directive on Consumer Rights (2011/83/EC) for each Item listed on the Platform and promptly update such information as necessary to ensure it at all times remains accurate and complete.
i. The Provider shall ensure that its profile, Item Listing and the offer and subsequent hire of any Item it lists on the Platform comply with all applicable laws (including all minimum age, marking and labelling requirements).

10. Provider’s Content.

a. By accepting these terms and conditions, the Provider grants MyShed a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable right to use and reproduce the Provider’s Content for the purpose of the Platform and promoting the platform in MyShed’s social media channels.
b. The Provider warrants that the Provider’s Content will not:

i. infringe any third party’s copyright, trade mark, or other intellectual property rights;
ii. infringe any third party’s rights of publicity or privacy;
iii. will not be obscene or offensive or inappropriate to the nature of the Platform; and
iv. will not contain any viruses, trojans or other malware.

11. Reviews.

a. The Provider consents to MyShed using any reviews or feedback from the Provider or any Renters in respect of the Provider or the Items, in any material produced by or on behalf of MyShed to promote the Platform.

12. Indemnity.

a. The Provider shall keep MyShed indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by MyShed as a result of or in connection with:

i. any claim made against MyShed in respect of the Item or the Provider’s Content or any related matter, or any breach by the Provider of his/her obligations under Data Protection Rules in respect of Renters’ personal data (as defined in the EU General Data Protection Regulation 2016/679);
ii. any claim made against MyShed by a third party for death, personal injury or damage to property arising out of, or in connection with the Item or the Item Listing (except to the extent that the same is caused by the negligence or wilful default of MyShed); and
iii. any claim made against MyShed by a third party arising out of or in connection with the supply of the Item, whether or not such claim arises out of the breach, negligent performance or failure or delay in performance of the Booking by the Provider, its employees, agents or subcontractors.

b. This clause 12 shall survive termination of this Agreement.

13. Insurance.

a. MyShed may refer the Provider to details of discounted insurance cover provided by Guardhog, an independent insurer. The Provider acknowledges that the Provider is responsible for its choice of insurer and releases MyShed from any liability or responsibility in respect of the acts or omissions of any such insurer.

14. Commencement and term of agreement.

a. This Agreement shall commence on the date on which the Provider registers on the Platform, and shall continue until terminated in accordance with clause 15.

15. Termination.

a. This Agreement can be terminated without cause by either party immediately on notice, given by means of the Dashboard.
b. MyShed shall be entitled to immediately terminate or suspend the Provider’s access to the Platform and remove any Item Listing for any reason at any time in its absolute discretion.

16. MYSHED’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER.

a. If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
b. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Platform.
c. We are not liable for business losses. If you are a consumer we only supply the Platform to you for domestic and private use. If you use the Platform for any commercial purpose our liability to you will be limited as set out in clause 17.

17. IMPORTANT – Limitation of Liability If the Provider is acting in the course of Business.

a. Nothing in the Agreement shall limit or exclude MyShed’s liability for:

i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii. fraud or fraudulent misrepresentation; or
iii. Any liability which may not lawfully be excluded or limited under applicable law.

b. If MyShed fails to comply with these terms, MyShed is responsible for loss or damage you suffer that is a foreseeable result of MyShed’s breaking this Agreement or MyShed’s failing to use reasonable care and skill, but MyShed is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both MyShed and you knew it might happen.
c. MyShed is not liable for business losses. MyShed only supplies the Platform for domestic and private use. If you use the Platform for any commercial purpose MyShed will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18. General.

a. MyShed may transfer this agreement to someone else. MyShed may transfer MyShed’s rights and obligations under these terms to another organisation.
b. You need MyShed’s consent to transfer your rights to someone else.
c. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
d. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
e. Even if MyShed delays in enforcing this Agreement, MyShed can still enforce it later. If MyShed does not insist immediately that you do anything you are required to do under these terms, or if MyShed delays in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
f. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
g. If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the Platform in the English courts, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
h. If you are a consumer living in the European Union and you are not happy with how MyShed has handled any complaint or issue you have raised to it, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

MyShed Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.my-shed.co.uk (the Platform). This acceptable use policy applies to all users of, and visitors to, the Platform including providers and renters.

Your use of the Platform means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.my-shed.co.uk is a site operated by MAD Designers Limited (we or us).  We are registered in England and Wales under company number 10439101 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

Prohibited uses

You may use the Platform only for lawful purposes.  You may not use the Platform:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to attempt to offer for rent, or to rent, any of the MyShed Prohibited Items
  • Not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the Platform;
  • any equipment or network on which the Platform is stored;
  • any software used in the provision of the Platform; or
  • any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all material which you contribute to the Platform (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Platform.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform.
  • Issue of a warning to you.
  • Legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Platform.

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