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OUR TERMS & CONDITIONS OF USE

ACCEPTING THESE TERMS

  • These Terms constitute a legally binding agreement between you and BIHH Limited ("we", "us" or "Byyker" hereafter) in relation to our provision of the byyker.com Service to you.

  • BIHH Limited is a company registered in England and Wales (under registration number 10995616) whose principal place of business is 85 Great Portland Street London W1W 7LT UK

  • When you register for a byyker account (including when you register through a third-party referral link) or otherwise access or use the Byyker Service including for the purposes of posting an advertisement for your bike; you are accepting these Terms

  • A “byyker” is defined as an individual who provides their bicycle for hire via the byyker.com platform

  • A “Sharer” is defined as an individual who uses the byyker.com platform to pay a fee to borrow a bicycle from a byyker

  • When you agree to the Terms you agree that:

    • when using Byyker Service as a byyker, you promise to us that you will comply with the byyker Rules; and

    • when using Byyker Service as a Sharer, you promise to us that you will comply with the Sharers' Rules;

  • For any help with using the Byyker Service please see the Byyker Help page on the website. If you have any further questions, complaints or comments about the byyker Service, then please contact Byyker  here

IMPORTANT NOTICES: NATURE OF THE BYYKER SERVICE

  • Byyker's role as an intermediary only

    • Byyker makes available to you an online platform (the "Byyker Service") through which Sharers may make available certain items for rental by Byyker upon approval by the parties.

    • You understand that Byyker is acting as an intermediary only in respect of any transactions entered into between Sharers and byykers for the rental of items through the Byyker Service. Any agreement for the rental of any items through the Byyker Service is between the relevant Sharer and byyker.

    • While Byyker endeavours to provide the Byyker Service for the mutual benefit of both Sharers and byykers and has drawn up rules with that as its aim, Byyker cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of the Byyker Service.

    • You acknowledge that in its capacity as an operator of the Byyker Service and an intermediary in any transactions carried out through the Byyker Service, Byyker has the discretion to cancel any listing posted by a Sharer, any request to borrow an item submitted by a byyker, or any transaction, upon the provision of written notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the byykers’ Rules or the Sharers' Rules.

  • Using the Byyker Service as a Sharer

    • When you agree as a Sharer to lend an item to a byyker, you acknowledge that you are entering into a separate contract with the byyker and that such contract with the Byyker includes a promise by you to comply with the Sharers' Rules and these Terms.

    • You also acknowledge that the byyker is in no way acting under the control, or on behalf of Byyker, that your agreement to lend any item to the byyker is solely with the byyker, and you agree not to make any claim or assertion that Byyker is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the byyker.

    • You agree that you are solely responsible for your compliance with the Sharers' Rules, fully liable for any non-compliance with the Sharers' Rules and any compensation due to the byyker in respect of any such non-compliance, including ensuring that the item offered for rental matches the description in your listing. You further acknowledge that Byyker does not have: (i) any responsibility for your compliance with the Sharers’ Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the byyker for any breach of your agreement with the byyker in any way.

  • Using the Byyker Service as a byyker

    • When you agree as a byyker to borrow an item from a Sharer, you acknowledge that you are entering into a separate contract with the Sharer and that such contract with the Sharer includes a promise by you to comply with the byyker’s' Rules and these Terms.

    • You also acknowledge that the Sharer is in no way acting under the control, or on behalf of Byyker, that your agreement to borrow any item from the Sharer is solely with the Sharer, and you agree not to make any claim or assertion that Byyker is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Sharer.

    • You agree that you are solely responsible for your compliance with the byykers' Rules, fully liable for any non-compliance with the byykers' Rules and any compensation due to the Sharer in respect of any such non-compliance, including the loss or damage to the item which you have borrowed. You further acknowledge that Byyker does not have: (i) any responsibility for your compliance with the byyker’s' Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Sharer for any breach of your agreement with the Sharer in any way.

    • You agree that you are responsible to return the items borrowed via the Byyker platform in the same condition as when you borrowed them from the byyker.

CHANGES TO THE BYYKER SERVICE AND CHANGE OF TERMS

  • Byyker reserves the right to alter the Byyker Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). Byyker will give you reasonable notice of any material changes to the Byyker Service.

  • We may need to change these Terms for legal or business reasons, and we will give you notice by posting such changes on the Terms & Condition page of the Byyker Service. If we intend to make any material changes, we will notify you of these changes by email with reasonable prior notice.

  • If Byyker changes the Byyker Service or the Terms to your detriment, you can end your use of the Byyker Service at any time.

USING THE BYYKER SERVICE

  • You need to create an account to accept these Terms. To create an account you confirm that:

    • you are over 16;

    • all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by contacting us at any time. If you do not comply with this clause you can be fined up to £100 per piece of false information provided and may be referred to the relevant authorities;

    • you will comply with the restrictions on your use of the Byyker Service as set out in these Terms; and

    • in relation to any material submitted to or posted to the Byyker Service by you that you have the right to do so and have obtained all necessary licences and or approvals.

  • As a condition of your use of the Byyker Service, you agree that you will not:

    • breach any applicable laws;

    • breach any of the Terms;

    • breach the Sharers' Rules, when acting as a Sharer;

    • breach the byykers' Rules, when acting as a byyker;

    • post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;

    • post or otherwise communicate any false or misleading material or message of any kind;

    • use the Byyker Service to intentionally deceive other users;

    • infringe the rights of any third-party;

    • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Byyker Service;

    • distribute spam, chain letters, or promote pyramid schemes;

    • distribute any viruses or any other technologies that may harm byyker, or the interests or property of Byyker users;

    • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Byyker;

    • copy, modify, or distribute any other person’s content without their consent;

    • use any robot, spider, scraper or other automated means to access Byyker and/or collect content for any purpose without our express written permission;

    • harvest or otherwise collect information about other users, including email addresses, without their consent;

    • copy, modify or distribute rights or content from the Byyker Service, services, applications or tools or Byyker’s copyrights and trademarks;

    • bypass security measures used to prevent or restrict access to Byyker; or

    • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

  • You agree to compensate and defend Byyker against any claims or legal proceedings brought against Byyker by any other person as a result of your breach of these Terms. Byyker shall in no way be liable for any loss to you resulting in any legal claims or proceedings brought against you due to a breach of these Terms.

  • Your account is personal to you and may not be transferred to or shared with others. You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Byyker will not be responsible for any losses suffered by you in circumstances where your account is used by someone else.

CONTENT POSTED ON THE BYYKER SERVICE

  • Your responsibility
    • You understand that you are solely responsible for any content that you post or otherwise submit to the Byyker Service ("Your Content"). You represent that you have all necessary rights to Your Content and that publication of Your Content through the Byyker Service will not infringe the rights (including intellectual property rights) of any third party. You agree to compensate Byyker for any losses that Byyker suffers as a result of any breach by you of any of the promises made by you in these Terms.

    • You acknowledge that Byyker does not monitor or moderate Your Content. If Byyker becomes aware that any of Your Content does not, in our reasonable opinion, comply with the Terms, you acknowledge that Byyker may remove it, without liability. Although Byyker has rules for the posting and uploading of Your Content, the features of the Byyker Service may be misused and sometimes Your Content can still be posted that is misleading or deceptive. You should not therefore rely on any other user's content ("User Content") being accurate or complete. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.

  • Permission to use Your Content

    • When you post Your Content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools. In addition, you waive your right to be identified as the author of Your Content, to the fullest extent permitted by law.

  • Byyker's use of third party information

    • We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other content) ("Third Party Material") to supplement Your Content. You may use such information solely in connection with Your Content during the time Your Content is displayed on the Byyker Service (such permissions for use, being "Third Party Permissions"). Third Party Material may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Material (other than by including such Third Party Material in your listings). This permission is subject to modification or revocation at any time at our sole discretion, and we shall post on the Byyker Service, any such modifications or revocations in respect of any Third Party Permissions.

  • Continuing obligations

    • You may not have the opportunity to review all of the Third Party Material before posting Your Content. We are not responsible for the accuracy of such Third Party Material. If you notice inaccuracies in this Third Party Material after Your Content appears on the on the Byyker Service please contact us at the following link: https://byyker.com/contact-us

  • Reporting abusive, threatening, or infringing content
    • If any of the content posted or submitted to the Byyker Service by another user makes you feel threatened, or abused, or if you believe any such is offensive or otherwise breaches the Terms, please contact Byyker through the following link: https://byyker.com/contact-us

  • Rights of Byyker to remove content from the Byyker Service

    • Without limiting any other remedies, Byyker may, without notice or delay: (i) immediately remove (or instruct you to remove) content from the Byyker Service; (ii) temporarily or indefinitely prevent you from adding further content to the Byyker Service; (iii) cancel a request to borrow or an offer to lend a particular item; (iv) prohibit your access to the Byyker Service permanently or temporarily, if Byyker reasonably believes that:

    • you have breached any of these Terms;

    • you are acting inconsistently with the spirit of the Byyker Service or our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Byyker employees or other users);

    • you have engaged in improper or fraudulent activity, or your actions may cause legal liability or financial loss to Byyker, or users of the Byyker Service;

    • items are listed against incorrect or inaccurate content;

    • you have been undertaking Fee Avoidance; or

    • it is required to do so by applicable law or to protect the interest of the other users of the Byyker Service.

FEES AND COMMISSION

  • On each occasion that a transaction between a byyker’s and Sharer for the rental of an item made available through the Byyker Service:

    • as a Sharer, you agree to pay to BIHH Ltd or Byyker a commission of 15% of the Rental Fee ("Sharer Commission"); and

    • as a byyker’s, no commission is payable on the Rental Fee ("byyker’s Commission"), (together, the "byyker Commission").

    • as a byyker you agree to pay a non-refundable Booking Fee of £1.00 when renting a bicycle through the Byyker Service.

    • should any refund be required to be made to you as a byyker’s the Booking Fee will not form part of the refund unless the purpose of the refund is due to negligence on the part of Byyker.

  • If, as a byyker, you submit a request to borrow a particular item you will be charged the full Rental Fee PLUS the Booking Fee. The "Rental Fee" means the half daily, daily or weekly rate you have agreed to pay to rent the item multiplied by duration that you have agreed to rent the item.

  • As a Sharer, you will receive the Sharer Fee due to you 24 hours after the scheduled end of the rental. The “Sharer Fee” means the Rental Fee LESS the Sharer Commission.

    • Payments made through the Byyker Service are processed by Paypal. You can read their full terms and here.

    • Payment processing services for sharers on Byyker are provided by Paypal and are subject to the Paypal Agreement. By agreeing to these terms or continuing to operate as a sharer on Byyker, you agree to be bound by the Paypal Services Agreement, as the same may be modified by Paypal from time to time. As a condition of Byyker enabling payment processing services through Paypal, you agree to provide Byyker accurate and complete information about you and your business, and you authorize Byyker to share it and transaction information related to your use of the payment processing services provided by Paypal.

  • You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Byyker Service.

  • Our fees are payable in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Byyker Service and will also send an email to the address registered to your account. We may also choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We shall give prior notice of these promotional events and new services by posting details on the Byyker Service and will also send an email to the address registered to your account.

  • You also agree that where you have contacted a particular user through the Byyker Service, you shall not complete that transaction or any others otherwise than using the Byyker Service, or engage in any other practise which may avoid or lower the amount of Byyker Commission that would otherwise have been payable had the transaction been completed using the Byyker Service ("Fee Avoidance"). In the event of engagement by any user(s) in any Fee Avoidance, such user(s) shall indemnify and hold harmless Byyker in respect of any losses suffered by Byyker as a result of such Fee Avoidance. Or in the event that you attempt to engage a user you met through the Byyker service in a rental or transaction that does not use the Byyker service, you are liable to pay a fine of up to £200 as a penalty for doing so, regardless of whether your attempts are successful or not.

CANCELLATION OF LISTINGS AND TRANSACTIONS

  • If you, as a byyker, request to borrow an item, you may subsequently cancel your request to borrow that item, without any charge or liability by notifying Byyker, provided such cancellation is effected:

    • at any time prior to that request being accepted by the Sharer; or
    • subject to section 8.2 below, no later than 2 weeks before the first day of the hiring period. 48 hours of submitting that request.

    • If you have prepaid any amounts in consideration for any transaction which you cancel within the terms of section 8.1, you will be entitled to a refund of such fees with the exception of the Booking Fee.

  • If you, as a byyker, cancel a request (which has been approved by the Sharer) within the 48 hour period, you shall not receive a refund of the amounts otherwise charged (including both Rental Fee and the Booking Fee).

  • If you, as Sharer, list an item for rental, you may subsequently cancel your listing of that item for rental, without any charge or liability:

    • at any time prior to approving a request from a byyker to borrow an item; or
    • within 48 hours of approving a request to borrow an item by the Sharer.

  • If you, as a Sharer, cancel the listing of an item (in respect of which, you have accepted a request from any byyker to borrow) for rental, or cancel any acceptance of a request from a byyker to borrow an item within the 48 hour period immediately prior to the scheduled start of the rental period for that item, you shall be liable to pay a cancellation charge to Byyker, which is calculated as an amount equal to 30% of the Rental Fee.

  • In the event that the Sharer pays a cancellation charge to Byyker in respect of a particular cancelled transaction, Byyker may credit the account of the byyker, as appropriate) an apportionment of any cancellation fee received, where BIHH Ltd or Byyker, at its sole discretion, deems this appropriate.

  • If BIHH Ltd or Byyker believes that you intend to cause harm to any items you rent through the platform, or believe you are renting with intent to steal; we reserve the right to cancel your rental immediately and without warning, and charge you an appropriate sum. This sum will up to but not more than the total value of the items in question. It is at Byyker’s discretion to determine what is an appropriate sum in each instance.

YOUR LIABILITY

  • Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.

  • As a Sharer, when listing an item for rental through the Byyker Service, you must give true and accurate details of the condition of the item and detail what is included or noticeably absent.

  • As a byyker, by requesting to rent an item through our Services, you are responsible for having sufficient funds available to replace the item should you lose or damage the item. If you do not know how much the item is worth, please contact a member of the Byyker team prior to submitting your request and we will assist you. If you do not have funds available for the approximate value of the item, do not request to borrow the item.

  • We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or are unable to return it for any reason within 7 days of the return deadline.

  • You further acknowledge that as a byyker, if you return the item after the Return Deadline (as defined in the byykers' Rules), we are entitled to charge you up to twice the full Rental Fee and Byyker’s Commission for each additional day that the item is returned after the Return Deadline (for the avoidance of doubt, if the item is returned after the Return Deadline on the scheduled day of return, you shall be charged for a full additional day of rental). You further acknowledge that we may take the funds directly from your account to cover such charges, without seeking further permission from you. The Return Deadline is the time you agreed to return the item with the sharer.

  • In the event of a good faith dispute between the parties in relation to the Estimated Value of a particular item, Byyker has the sole discretion to set an appropriate Estimated Value for that item, determined in good faith and taking into account the reasonable representations of the parties.

  • If you refuse to pay for any damage caused, or to pay any amount that you owe to Byyker or a Sharer, for any reason, within the timeframe given to you by Byyker, we will engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.

OUR LIABILITY

  • Nothing in these Terms shall limit the liability of Byyker for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.

  • You have certain rights under the law. These include that we will provide the Byyker Service to you with reasonable skill and care. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights which you may also be entitled, for example to damages or specific performance. For more information about your legal rights contact your local Citizens Advice Service or Trading Standards Service.

  • Under no circumstances shall Byyker be liable or responsible for the acts or omissions of any third party who uses the Byyker Service (including any third party with whom you enter into a transaction through the Byyker Service). Byyker is acting as an intermediary only in respect of any transaction concluded by parties introduced to each other through the Byyker Service for the rental of any item listed on the Byyker Service and accepts no liability for the performance of either party (i.e. byyker or Sharer) in relation to any such transaction.

  • Without prejudice to section 10.3 above, Byyker is not responsible for:
    • losses not caused by our breach;

    • indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by at the time of entering into this agreement, (for example loss of profits or loss of opportunity);

    • User Content to the extent that such content is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or

    • failure to provide the Byyker Service or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control.
    • For the purposes of section 10.4.4, "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Service or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

  • Other than for breaches of implied statutory terms described in paragraph 10.2 above, Byyker's total liability to you for any loss or damage arising in connection with your use of the Byyker Service shall be limited to one hundred Pounds Sterling (£100).

  • You acknowledge that we cannot guarantee continuous, error-free or secure access to the Byyker Service or that defects in the Byyker Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of the Byyker Service.

  • Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

ENDING YOUR USE OF THE BYYKER SERVICE

  • You can simply choose to stop using the Byyker Service at any time. In addition, you may also contact Byyker through the following link: https://byyker.com/contact-us and request that we deactivate your account.

  • You acknowledge that your use of the Byyker Service is subject to Byyker's discretion and Byyker may, in the event of your breach of the Terms, at its sole discretion, withdraw your rights to use the Byyker Service on the provision of written notice with immediate effect.

THIRD PARTY RIGHTS

  • A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that Act.

PERSONAL INFORMATION

  • By using Byyker Services, you agree to the collection, transfer, storage and use of your personal information by BIHH Ltd or Byyker, as further described in our Privacy Policy. Among other things, you agree that BIHH Ltd or Byyker may use the personal information that you submit to us: (i) to verify your identity; (ii) for performing anti-money laundering checks; (iii) for conducting "know your customer" (KYC) checks; and (iv) conducting "know your transaction" (KYT) checks.

  • Byyker makes every effort to process your data in a manner that is fully compliant with the General Data Protection Regulations (GDPR). You can view our Privacy Policy here

DISPUTES

  • Disputes between Users

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

    • If a byyker’s and Sharer are unable to resolve a dispute, Byyker will use reasonable efforts to mediate in respect of such dispute and, without prejudice to its rights set out under these Terms, may choose to deduct monies up to the estimated value of a particular item from the account of the byyker to compensate the Sharer following loss or damage of a particular item that has been rented as part of the transaction. Byyker will also charge a fee of 30% of the amount charged on top of any monies collected in order to cover the service of acting as a mediator.

  • Disputes between you and Byyker

    • If the unlikely event of a dispute arises between you and Byyker, we strongly encourage you to first contact us directly to seek a resolution by going to the Byyker Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    • If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales the laws of England and Wales will apply and if you live in Scotland, Scottish law will apply. If you reside elsewhere in the European Union, you still have the benefit of any applicable consumer protection rights under the laws of, and the right to bring an action before the courts of, the country where you live.

GENERAL

  • You acknowledge that Byyker may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.

  • Nothing in the Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between Byyker and any user.

  • If you breach the Terms and Byyker takes no action against you, Byyker reserves its rights to take action against you at a later date.

  • The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Byyker Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.

  • You acknowledge that your right to access and use the byyker Service is also subject to:

    • applicable law; and

    • any rules or policies applied by the relevant appstore from which you access the Byyker Service;

  • If any part of the Terms are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

  • Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to BIHH Ltd, 3 Headley Close, Wroughton, Wilts, SN4 0TR. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Notices sent by email will be deemed received the following working day after they were sent.

BYYKER'S RULES

You should read these rules carefully before using the Byyker Service to borrow an item (and therefore become a "byyker"). By using the Byyker Service as a byyker, you are agreeing to these rules (the "byykers' Rules") as well as the Terms.

1. BYYKER'S ROLE

  • By signing up to the Byyker Service you are acknowledging that:

  • you are not renting from Byyker but from another user of the Byyker Service, who has signed up as a Sharer; and

  • Byyker does not guarantee or endorse any items rented through the Byyker Service or any content posted by Sharers (such as photographs, language, description used in listings).

2. COMMUNICATING WITH SHARERS

  • You can communicate directly with Sharers on the Byyker Service once payment has been made. However, you may not use this feature for the following:

    • sending unsolicited advertising or promotions, requests for donations or spam;

    • contacting someone after they have requested you not to;

    • harassing or abusing another user; or

    • forming an agreement outside the Byyker Service for the purpose of Fee Avoidance.

3. BORROWING AN ITEM

  • forming an agreement outside the byyker Service for the purpose of Fee Avoidance:

    • have read and accepted the item description and the Terms before making a request to borrow an item; and

    • have the funds available to (i) cover the required payments to rent the item and the Byyker Commission, and (ii) pay the full estimated value of the item in the case of loss or damage. The estimated value is defined as a reasonable estimate determined by the sharer unless the byyker’s disagrees in which case Byyker will determine the estimated value;

    • accept liability for the full Estimated Value of the item in case of loss or damage; and
    • will not engage in Fee Avoidance.

  • When borrowing an item, you agree that you will return the item to the Sharer before the agreed time on the scheduled date of return (the "Return Deadline").

  • If you would like to extend the period for which you borrow an item, you may submit an additional request to extend this period, for acceptance by the Sharer, through the Byyker Service.

  • If you have failed to extend the rental period for a particular item through the Byyker Service and, consequently, return the item after the Return Deadline, you acknowledge that Byyker may charge you as set out in the ‘Your Liability’ section of the Terms [section 9].

4. LIABILITY

  • As a byyker, by requesting to rent an item through the Byyker Service, you are agreeing to that Estimated Value assigned by the Sharer. If you do not agree with this Estimated Value, do not request to borrow the item. If you do agree to this Estimated Value, you are agreeing to be liable for up to the full Estimated Value of that item, in the case of loss or damage while you are renting this item.

    • We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or lost it.

5. LEAVING A REVIEW

  • When you have a borrowed an item using the byyker Service, byyker encourages you to leave a review, as it helps Sharers build a good reputation, or warn other users about a poor experience.

  • You can leave a review by choosing a one to five star rating.

  • By leaving a review you acknowledge that:

    • your review and profile information will be publicly displayed on the Sharer's listing and review pages;

    • your review will not contain:

      • private information;

      • obscene, racist or harassing language or imagery;

      • advertising or spam; or

      • content that will undermine the integrity of the review system of Byyker; and

    • any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on Byyker.

  • Similarly, you accept that a Sharer can leave you a review and you acknowledge that:

    • your review will be publicly displayed on your review page;

    • any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on the Byyker Service.

  • Byyker reserves the right to remove reviews that violate the Terms.

6 SHARER'S RULES

You should read these rules carefully before using the Byyker Service to rent an item (and therefore become a "Sharer"). By using the Byyker Service as a Sharer, you are agreeing to these rules (the "Sharers' Rules") as well as the Terms (found here https://byyker.com/terms-of-service).

1. BYYKER'S ROLE

  • By signing up to Byyker you are acknowledging that:

    • you are not lending to Byyker but to another user of the Byyker Service, who has signed up as a byyker; and

    • Byyker does not guarantee or endorse any byyker or content or communication that they post (such as photographs, language, description used in listings).

2. COMMUNICATING WITH OTHER BYYKER USERS

  • You can communicate directly with byyker’s on the Byyker Service once payment has been made. However, you may not use this feature for the following:

    • sending unsolicited advertising or promotions, requests for donations or spam;

    • harassing or abusing another user; or

    • forming an agreement outside the Terms agreed with us for the purposes of Fee Avoidance.

3. LENDING AN ITEM

  • By offering to lend an item you agree and warrant that you:

    • have provided an honest, accurate description about your item, filling in all information required as set out in the https://byyker.com/create-item, including but not limited to, accurate up to date photographs, and a reasonable Estimated Value;

    • provide honest, accurate information in your profile;

    • will not engage in Fee Avoidance; and

    • have the funds available to cover the applicable cancellation fee payable to Byyker in the case of a late cancellation.

4. LEAVING A REVIEW

  • When you have lent an item using the Byyker Service, Byyker encourages you to leave a review, as it helps Byyker to build a good reputation, or warn other users about a poor experience.

  • You can leave a review by choosing a one to five star rating.

  • By leaving a review you acknowledge that:
    • your review and profile information will be publicly displayed on the byyker's listing and review pages;

    • your review will not contain:

      • private information;

      • obscene, racist or harassing language or imagery;

      • advertising or spam; or

      • content that will undermine the integrity of the review system of Byyker; and

  • Similarly, you accept that a byyker can leave you a review and you acknowledge that:

    • your review will be publicly displayed on your review page;

    • any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on the Byyker Service.

  • Byyker reserves the right to remove reviews that violate the Terms.