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.
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.
In this Agreement, unless otherwise provided:
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.
12% of the Rental Charge;
means the personalised area provided on the Platform for the Provider to view and manage his/her MyShed account and Item Listings.
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;
means the passing of the Item by the Renter to the Provider at the physical location specified for it in the Booking.
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.
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.
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.
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.
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.
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.
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.
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.