Terms and Conditions

Updated 01/09/2020

Here are our terms and conditions (“Briskby General Terms”)

User Agreement: www.briskby.com

Briskby LTD COI 98980, operates an online platform allowing users (“User” or “You”) to connect and rent, buy, sell gear and other items through Briskby’s platform including through our website at www.briskby.com or any other platform we may introduce in the future (“Briskby Platform” or “Briskby Services”).

PLEASE READ THESE TERMS and ALL Briskby POLICIES including the Briskby Privacy Policy and the Briskby Rental Agreement (collectively the “AGREEMENT”) carefully before using the services offered by Briskby.

Use of the Briskby Platform or use of the Briskby Services confirms that You agree to be bound by this Agreement.

  1. SCOPE OF BRISKBY SERVICE

1.1. Briskby provides a platform for connecting people who would like to rent, sell or buy fitness gear and other items (“Renters”) with those willing to rent out such gear (“Owners”).

1.2. A reference to gear in this agreement includes any type of fitness equipment, such as a treadmills, exercise bikes, abdominal, flat and adjustable benches, medicine balls, rowing machines, free weights, dumbells, kettlebells, bars , surfboard, stand up paddle board, etc. made available through the Briskby Platform. Categories, categorisation of items, rectification of item category is deemed and defined by Briskby’s at its sole discretion only.

1.3. A reference to User in this agreement includes Renters, Owners and any other person that visits or views the Briskby Platform.

1.4. A User creates an account with Briskby when s/he validly completes a registration form on the Briskby Platform.

1.5. Briskby provides the platform only. Apart from enabling a Renter to find an Owner to provide a particular item of gear, Briskby accepts no liability for any aspect of the Renter and Owner interaction, including but not limited to the description of gear and services offered, the performance of services and the delivery of gear. Briskby has no obligation to any User to assist or involve itself in any way in any dispute between a Renter and an Owner.

1.6. All information related to services to be performed or gear to be provided is supplied by Briskby Users. Unless expressly stated to the contrary, Briskby does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Briskby Platform.

1.7. You expressly agree that Briskby has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Owners and Renters), including, but not limited to, the ability of Owners to perform rentals or supply items, or the honesty or accuracy of any information provided by Renters or the Renters’ ability to pay for the services or gear requested.

  1. BRISKBY SERVICE DESCRIPTION

2.1. The Briskby Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Briskby Service may be separately described on the Briskby Platform.

2.2. A Renter with a requirement for gear (1) creates an account with Briskby and (2) reviews existing listings on the Briskby Platform before requesting a rental for a specific period of time (‘Offer’).

2.3. An Owner with specific gear (1) creates an account with Briskby, (2) Posts listings on the Briskby Platform and (3) reviews rental requests by Renters.

2.4. If an Owner desires to accept an Offer, the Owner must accept the rental request using the functionality as provided by the Briskby Platform. By accepting an Offer, the Owner confirms that s/he is legally entitled to and capable of supplying the gear described in the listing. Offers are subject to further terms as set out in the Briskby Rental Agreement.

2.5. If an Owner in any way updates a listing after it has been published on the Briskby Platform and before an offer has been accepted, then Briskby may, at its discretion, cancel all Offers for that listing that were made prior to the update and recommence the offer process.

2.6. Prior to proceeding with a transaction, both Renter and Owner must accept the terms of the Briskby Rental Agreement.

2.7. If the Owner agrees to a Renter’s offer, the Owner will accept that Renter’s Offer by using the functionality on the Briskby Platform to electronically accept. The Renter will then pay the agreed price via the Briskby Platform.

2.8. An Owner and Renter may use a private messaging feature on the Briskby Platform to communicate directly about posted gear and accessories. Each time a Briskby User receives a message from the Briskby messaging service, a notification may be sent to the User via their currently active communication channel.

2.9. Once an Owner has accepted an offer from a Renter and the Renter has paid the agreed price then the Renter and the Owner will be deemed to have entered into a separate contract under which the Renter agrees to Rent, and the Owner agrees to provide the Renter with the gear (“the Rental Agreement”).

2.10. The terms of the Rental Agreement incorporate the terms of this Agreement (to the extent they apply to the Renter and the Owner), the Briskby Rental Agreement and any additional terms and conditions agreed between the Renter and the Owner, including the description and price of the gear to be provided. You agree not to enter into any contractual provisions in a Rental Agreement that conflict with this Agreement. The terms of this Agreement incorporated into a Rental Agreement take priority over any other terms agreed between a Renter and an Owner in the Rental Agreement to the extent of any inconsistency.

2.11. The Owner must provide the gear to the Renter in accordance with the Rental Agreement, unless the services, gear or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.

2.12. The Briskby Pre Rental Inspection Form must be completed by both the Owner and Renter at the commencement of the rental period. Any inconsistencies with the gear must be noted at this time. Upon completion of the rental period, The Briskby Post Rental Inspection Form must be completed by both the Owner and Renter once the gear has been returned.

2.13. The Owner will mark off the rental as complete using the functionality on the Briskby Platform once the Renter has returned the gear and the Pre/Post Rental Forms have been completed.

2.14. Once a transaction is concluded, both the Owner and Renter are strongly encouraged to complete a Briskby service review using any feedback features on the Briskby Platform. Briskby will, from time to time, contact You to remind You to complete a Briskby service review.

2.15. The Briskby Platform may from time to time include location / map-based functionality. The Briskby Platform may display the location of Renters and Owners to persons browsing the Briskby Platform. Each Owner will be asked to provide the suburb where the gear is to be collected. An Owner should never disclose personal details such as Renter’s full name, street number, phone number or email address in a Posted Rental or in any other public communication on the Briskby Platform.

2.16. When accessing www.briskby.com you may be redirected to the subdomain www.briskby.com based on your browser settings or your IP location. This subdomain adopts € (Euro) as the base currency for transactions; restrictions, such as the Briskby Warranty Plan, apply to Owners and Renters outside of the Euro Zone or operating in a different currency rather than Eur.

  1. PAYMENT, SECURITY DEPOSITS, REFUNDS AND CREDIT

3.1. Where a Renter pays an agreed price for gear in respect of a Posted Rental (“Rental Payment”) that Rental Payment will be used to pay the Owner and Briskby in accordance with this Agreement.

3.2. If the Renter and the Owner mutually agree to cancel the Rental Agreement or if, following reasonable attempts by a Renter to contact an Owner to perform the Rental Agreement, Briskby is satisfied that the Rental Payment should be refunded and there is no dispute between the Renter and the Owner, then the Owner must refund the Rental Payment back into the Renter’s nominated account less the Briskby Service Fee.

  1. PAYMENT FACILITY

4.1. Briskby may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Renter and Owner (“Payment Provider”).

4.2. By renting gear using the Briskby Platform You agree to be bound by the Payment Provider’s Privacy Policy which is located at https://stripe.com/it/privacy privacy and hereby consent and authorise Briskby and the Payment Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s). By registering and creating an account with Briskby, You agree to be bound by Payment Provider’s terms and conditions which are located at https://stripe.com/it/connect/legal. Briskby confirms that the services offered by the Payment Provider are Third Party Services and subject to further terms set out for Third Party Services below.

  1. THIRD PARTY SERVICES

5.1. Briskby may from time to time include on the Briskby Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by Briskby.

5.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Briskby Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

5.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.

5.4. Briskby makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Briskby Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at https://briskby.com/contact-us/

  1. BRISKBY SALES

6.1. Briskby may from time to time include on the Briskby Platform items available for purchase, such as supplements, used gear and so on (“Briskby Item”).

6.2. Briskby Item is supplied by a third party vendor and therefore considered as Third Party Services which are subject to further terms and conditions set out for Third Party Services.

6.3. Refunds are not available for purchases of Briskby Item.

  1. THE BRISKBY WARRANTY PLAN

7.1 Briskby provides Owners who always adhere to the Agreement with The Briskby Warranty Plan policy for Rentals in the Euro Zone up to (a) for machinery (b) for lighter equipment as per the specific Gear types specified within https://briskby.com/warranty/

The Owner understands that THE BRISKBY WARRANTY PLAN is limited to theft, loss or damage to the Gear during the scheduled rental period, and only in the event that the Renter defaults on its obligations under the Agreement and where the owner is unsuccessful claiming against their own business guarantee policy and or their home and contents guarantee policy, that it does not cover ordinary wear and tear, any repairs or replacements paid for by the Renter, or any theft or damage occurring prior to or after conclusion of the scheduled rental period. THE BRISKBY WARRANTY PLAN only provides coverage for Gear rented through the Briskby Platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Renter or Owner, as applicable.

When you file a damage or theft claim, Briskby determines, at its sole discretion, whether your claim qualifies for coverage under THE BRISKBY WARRANTY PLAN and if it does, if the item categorisation is compliant with our guidelines as per article 1.2 of the present agreement. Briskby’s original determination is considered final, but you may be able to file an appeal of the decision with Briskby if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

Pre Rental form must be always signed by both parties prior to commencing the use of the Equipment and, in any case, prior to picking up or delivering, should be this latter the collection method agreed by Owner and Renter.

Should Owner and Renter opt for delivery with a courier or any other similar mean, any damage, theft, loss that may occur during shipment, Briskby is waived of any liability.

7.2. In order to access THE BRISKBY WARRANTY PLAN, Owners must first have:

  1. included accurate and current photographs and description of the Gear within the listing prior to the rental period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the gear and any accessories (if applicable).
  2. for Damage
    1. where there is not total loss, the Owner must have communicated via the Briskby Platform with the Renter with regards to payment of costs in accordance with Briskby Rental Agreement, within twenty four (24) hours of completion of the rental, and communicated within seventy two (72) hours of completion of the rental that they have not as yet received funds from the Renter in accordance with Briskby Rental Agreement.
    2. If there is damage to a gear during a Rental, the Owner must notify Briskby within twenty four (24) hours of completion of the rental or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the rental. Owner shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
    3. have accurately completed and submitted to Briskby Pre Rental Form and Post Rental Form for the transaction
    4. Provide to Briskby photographic evidence of the damage
  3. For Theft
    1. If Renter does not return a Gear at the conclusion of the rental, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Gear at such rescheduled return time, then the Owner:
      1. agrees to file a report with the applicable police department and provide a copy of such report to Briskby. In filing the report, Owner is required to notify the police department of THE BRISKBY WARRANTY PLAN, and that Briskby may ultimately be subrogate to Owner’s right to recovery of the Gear. Owner must also authorize the police department to discuss and provide any information regarding the case with Briskby; and
      2. must notify Briskby within twenty four (24) hours of completion of the rental (or renter has not returned the gear at such rescheduled time) that a theft has occurred. If the theft is not reported during such period, then the theft shall be presumed to have occurred subsequent to the rental.

All claims under THE BRISKBY WARRANTY PLAN require that the Owner has communicated with Briskby within twenty-four (24) hours of return of the Gear; late claims will not be honoured. No exceptions to the 24-hour rule will be honoured. All claims for damage must include the evidence as noted herein; however, Briskby reserves the option to require a physical inspection prior to making any payment under THE BRISKBY WARRANTY PLAN. Any claim for a stolen Gear must be accompanied by a police report to be valid. For all claims, the Owner may be required to provide additional documentation, such as purchase receipts, maintenance records, and such other documents as Briskby may request in its reasonable discretion.

7.3. Any evidence that implies, at Briskby’s full discretion, that the Owner has not complied (or attempted to not comply) with any of the Agreement at any time or for any transaction, including transacting outside of Briskby platform will mean the said Owner is unable to access THE BRISKBY WARRANTY PLAN. If the Owner has complied with these terms at all times since becoming a User, Briskby will first attempt to recover the costs from the particular Renter through any number of means, including through its secure payment gateways (Stripe or Paypal), charging the Renter’s credit card or contacting the Renter directly. Briskby reserves the right to attempt to recover from the Renter for up to 180 days before paying out any claim under this policy.

7.4. Renter Default

Where a Renter has not made good on its obligations under this Agreement, and where Briskby has been unsuccessful in its attempts to recover the money owing to the Owner, where the Owner has business guarantee or Home and Contents guarantee, the Owner is obliged to attempt to recover their loss from their insurer before making a claim for THE BRISKBY WARRANTY PLAN. Where the Owner has a business guarantee policy or home and contents guarantee policy, the Owner must provide Briskby evidence that their claim has been unsuccessful.

Where the Owner has met all terms and processes of the Agreement, THE BRISKBY WARRANTY PLAN will then be engaged.

7.5. Replacement or Reimbursement

Where THE BRISKBY WARRANTY PLAN has been engaged, and at its sole discretion, Briskby may replace or reimburse the Owner under the following but up to the maximum amounts covered by THE BRISKBY WARRANTY PLAN only:

  1. For damage included in Briskby Rental Agreement, per the amounts prescribed within Briskby Rental Agreement.
  2. For total loss, for lost or stolen Gear, or where the repair cost would exceed the replacement value of the Gear, Briskby will make commercially reasonable efforts to provide the Owner with a Gear that is of a similar make, model and year, and with similar components and other aftermarket parts or if the Gear or components are not reasonably available at standard retail prices Briskby reserves the right to provide Gear of equal quality or a cash amount of equal value. In order to determine the value of the Gear and/or components in question, Briskby will use market indicators to determine the fair market value and shall also account for any salvage value of the gear, if applicable. These values are determined by year, condition, and overall value and may use the following sources: product manufacturer’s websites, our network of industry partners and shops, e-commerce websites such as Amazon, Craigslist, Ebay and other reliable sources to be used at Briskby’s discretion. Briskby may use other relevant factors in its reasonable discretion.
  3. For damage, beyond Briskby Rental Agreement, but where the cost of repairs is less than total loss, the repair cost of the Gear shall be determined at Briskby’s reasonable discretion, and may be in consultation with professional repair personnel knowledgeable in the appropriate field.

7.6. Engaging the Renter’s Household Contents Insurance

In case of a dispute following the opening of a claim as per 7.2 and 7.3, Renters who hold a Household Contents Insurance may want to check with their Insurer whether or not and how long would it take to reimburse the Owners. Even in the presence of a Household Contents Insurance, Renters are still solely responsible for any damages, loss or theft of the rented Gear by the effects of this Contract.

7.7. Briskby does not represent that the guarantee offered via the Briskby Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further guarantee (such as home and contents or travel guarantee) is required.

  1. IDENTITY VERIFICATION

8.1. Briskby may include tools to help Briskby Users to verify the identity, qualifications or skills of other Briskby Platform Users (“Identity Verification Services”). These tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a User of the Briskby Platform to request other Users to post a reference on the Briskby Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and LinkedIn and verification icons or badges displayed in association with an Owner and obtained in accordance with clause 7.6 and or clause 7.7.

8.2. You agree that Briskby Identity Verification Services may not be fully accurate as all Briskby Services are dependent on User-supplied information and/or information or verification services provided by third parties.

8.3. Briskby Platform Users are solely responsible for identity verification and Briskby accepts no responsibility for any use that is made of an Briskby Identity Verification Service.

8.4. The Briskby Platform may also include a User-initiated feedback system to help evaluate Briskby User(s).

8.5. The Briskby Services Identity Verification Services may be modified at any time.

8.6. Briskby may from time to time make available certain verification icons to be displayed in relation to an Owner’s profile and Posted Rentals, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Owner and verified internally by Briskby, or externally by a third party verification provider (“Verification Icons”). Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Owner and determined by Briskby or a third party verifier subject to its terms. It remains the Owner’s responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Briskby immediately if a Verification Icon is no longer valid.

8.7. Briskby may also from time to time issue certain badges to be displayed in relation to an Owner’s profile and Posted Rentals, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Briskby (“Briskby Badge”).

8.8. The issue of a Verification Icon or Briskby Badge to an Owner remains in the control of Briskby and the display and use of a Verification Icon or Briskby Badge is licensed to the Owner for use on the Briskby Platform only. Any verification obtained as a result of the issue of a Verification Icon or Briskby Badge may not be used for any other purpose outside of the Briskby Platform.

8.9. Briskby retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Briskby Badge if an Owner is in breach of any of the terms of this Agreement, the Verification Icon or Briskby Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Briskby.

  1. ELIGIBILITY TO REGISTER

9.1. A Briskby account can be created in the name of an individual or a company. A Briskby User registering as an Owner or Renter may specify within the “About You ” field that s/he is representing a business entity (including a company).

9.2. To create an account and use the Briskby Services You must be able to form legally binding contracts under applicable law. Briskby Services are not available to persons under 16 years of age. If You do not qualify to use the Briskby Services, You must not use the services.

9.3. While You are registered with Briskby You must maintain control of your Briskby account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

9.4. At its absolute discretion, Briskby may refuse to allow any person to register or create an account with Briskby or cancel or suspend any existing account.

  1. USER’S OBLIGATIONS

10.1. You agree that at all times:

(a) You will comply with this Agreement (including all Briskby Policies) and all applicable laws and regulations;

(b) You will post only accurate information on the Briskby Platform;

(c) You will promptly and efficiently perform all your obligations to other Briskby Users under a Rental Agreement and to Briskby under this Agreement;

(d) all content (whether provided by Briskby, a User or a third party) on the Briskby Platform may not be used on third party sites or for other business purposes without Briskby’s prior permission; and

(e) You will ensure that You are aware of any laws that apply to You as a Renter or an Owner, or in relation to any other way(s) that You use the Briskby Platform.

10.2. You must not use the Briskby Platform for any illegal or immoral purpose.

10.3. You grant to Briskby an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Briskby Platform for the purpose of including that material and information on the Briskby Platform and as otherwise may be required to provide the Briskby Service, for the general promotion of the Briskby Service and as permitted by this Agreement.

10.4. Any information posted on Briskby Platform must not, in any way whatsoever, be potentially or actually harmful to Briskby or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Briskby. Without limiting any provision of this Agreement, any information You supply to Briskby must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale/rental of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(e) be defamatory, libellous, threatening or harassing;

(f) be obscene or contain any material that, in Briskby’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Briskby Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

10.5. You must comply with your tax obligations in relation to any payment received under this T&C. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Briskby is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.

10.6. When You enter into a Rental Agreement using the Briskby Platform You create a legally binding contract with another Briskby User, unless the transaction is prohibited by law or by this Agreement (including the Briskby Policies). If You do not comply with your obligations to another Briskby User under a Rental Agreement, You may become liable to that other User. If another User breaches any obligation to You, You – not Briskby – are responsible for enforcing any rights that You may have with that User.

10.7. If Briskby determines at its sole discretion that You have breached any obligation under this clause 10, it reserves the rights to remove any content, Posted Rental or Offer You have submitted to the Briskby Service or cancel or suspend Your account.

  1. FEES

11.1. Registering and creating an account with Briskby is free. There is no charge for an Owner to post listing, or for other Briskby Users to review content on the Briskby Platform, including posted listings.

11.2. If an Owner has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Briskby (or its nominee), which are inclusive of VAT.

11.3. The Service Fees will be deducted and paid to Briskby when the agreed price is paid to the Owner.

11.4. To be clear, Service Fees will be calculated only on the amount that the Owner agrees to charge the Renter to provide the gear.

11.5. If an Owner agrees to reimburse certain costs incurred by the Renter as part of completing a rental, Renter is solely responsible for having those costs reimbursed by the Owner. Briskby will not be responsible for obtaining any reimbursement from an Owner. We advise Renters not to agree to incur any costs for an Owner in advance of payment by the Owner, unless the Renter is confident that the Owner will reimburse the costs promptly.

11.6. Briskby may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Briskby notifies You of that change by sending a notice to your last known contact address as provided at registration.

11.7. Briskby may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Briskby account.

11.8. All fees and charges payable to Briskby are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).

11.9. If Briskby introduces a new service on the Briskby Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.

11.10. Where an Owner is supplying gear the Owner must not charge a Renter additional fees on top of the agreed price for the gear under the Briskby Rental Agreement.

11.11. All the fees charged by the Payment Gateway, such as PayPal or Stripe, related to the transaction are paid by the Owner. Briskby does not hold any power to change or modify the fees charged by the Payment Gateway.

  1. LISTING RENTALS AND MAKING OFFERS

12.1. A listed Rental must include the following details in order to be accepted by Briskby:

(a) Photo / s: Up to date and accurate photos of the gear;

(b) Price: the fair price that the Owner is prepared to receive for the gear required;

(c) Description: a detailed description of the gear.

(d) Availability: a calendar of dates when the gear is available to rent.

12.2. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.

12.3. As well as the mandatory details mentioned in paragraph 11.1, an Owner may choose to specify additional terms that s/he wants to apply to the transaction.

12.4. Owners must describe the gear fully and accurately and include all terms of rental that You want to apply, as well as any information required by law. Listed Rentals may only include text. You must have the legal right to use any content that You post. Briskby may, in its sole discretion, remove any Listed Rental for any reason.

12.5. Prior to the Owner accepting an offer from a Renter, all communications between a Renter and the Briskby User(s) making an Offer to supply the gear are visible to Briskby. All Users of the Briskby Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.

12.6. In accepting an Offer, an Owner agrees to provide the relevant gear or services within the timeframe and on the terms and conditions specified in the Listed Rental (unless the Owner and the Renter agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Owner must provide the gear or services in accordance with the agreed timeframe and terms and conditions).

12.7. Once an Owner accepts an offer from a Renter in accordance with clause 2.9, no further negotiations are permitted on the Briskby Platform in relation to the provision of the relevant gear. If, after the Owner accepts an offer from a Renter, the Owner and Renter wish to negotiate on price or timeframe for completion (for example, where Renter needs to change the rental period) they may use the Briskby private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Briskby Platform. If an Owner agrees to refund part or all of a Rental Payment, the Owner must refund the Rental Payment back into the Renter’s nominated account less the Briskby Service Fee. Per clause 11.8, the Briskby fees and charges are non-refundable.

12.8. If a Briskby User, Owner or Renter wishes to complain about any comment made on the Briskby Platform, please either use the “Report” function available from time to time on the Briskby Platform, or email Briskby using the contact information on the Briskby Platform.

12.9. Owners may choose not to accept any Offer received and are not required to accept all Offers. Owners may withdraw any Posted Rental at any time prior to accepting an offer for a Rental.

12.10. A Briskby User or Renter has no obligation whatsoever to make an Offer on any Posted Rental.

12.11. VAT registered businesses, such as but not limited to, commercial gyms, fitness gear suppliers and distributors, water sports shops and dealers, registered as Owners on Briskby have the faculty to terminate the rental contract anytime prior to its expiry, by giving written notice to either Briskby and the Renter and clearly indicating the reasons why the contract shall be terminated and the gear returned beforehand. Owner will refund the Renter the amount he paid for the whole rental period, less Briskby commission fees, regardless if the Renter partly used it already. All the obligations due as per the Rental Agreement will remain in place solely for the period the Gear has been effectively used by the Renter.

  1. FEEDBACK

13.1. Briskby is entitled to suspend or terminate your account at any time if Briskby, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Briskby Users.

13.2. To continue to improve our Briskby Platform, please let us know of any issue that You experience using a Third Party Service by contacting us here.

  1. LIMITATION OF LIABILITY

14.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Briskby specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between Renters and Owners.

14.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Briskby specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Briskby Platform.

14.3. Except for liability in relation to a breach of any Non-excludable Condition, Briskby’s liability to any User of this service is limited to the total amount of fees paid by that User to Briskby during the twelve month period prior to any incident causing liability of Briskby.

14.4. Briskby’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing gear (for Owners) in respect of which the breach occurred, or supplying again or paying the cost of supplying again, gear in respect of which the breach occurred (for Renters).

  1. DEFAULT IN TRANSACTIONS

15.1. If You, as an Owner or Renter, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Briskby’s rights under this Agreement (including any Briskby Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both Briskby and the Owner or Renter with whom You are transacting under a Rental Agreement. If You, as an Owner, fail to complete a transaction and do not have a lawful excuse for such failure, You must immediately refund the Rental Payment back into the Renter’s nominated account less the Briskby Service Fee. Per clause 11.8, the Briskby fees and charges are non-refundable.

  1. PRIVACY

16.1. Briskby’s Privacy Policy, which is available at https://briskby.com/privacy-policy/ , applies to all Users and forms part of this Agreement. Use of the Briskby Platform confirms that You consent to, and authorise, the collection, use and disclosure of your personal information in accordance with Briskby’s Privacy Policy.

16.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party You must review and agree to their terms of service including their privacy policy.

  1. NO WARRANTY

17.1. Except for liability in relation to any Non-excludable Condition, the Briskby service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent allowed by law.

  1. MODIFICATIONS TO THE AGREEMENT

18.1. Briskby may modify this Agreement and/ or the Policies (and update the Briskby pages on which they are displayed) from time to time. Briskby will send notification of such modifications to your Briskby account. You should check that account regularly.

18.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Briskby Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.

18.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Briskby account and stop using the Briskby Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Briskby Policy cannot be amended except in writing signed by You and Briskby.

  1. NO AGENCY

19.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Briskby, its related entities or affiliates in any way whatsoever. Briskby confirms that all Third Party Services that may be promoted on the Briskby service are provided solely by such Third Party Service providers. To the extent permitted by law, Briskby specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.

  1. NOTICES

20.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Briskby’s contact address as displayed on the Briskby Platform, or to Briskby Users’ contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the Renter is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Europe. In this section, “Business Day” means a day on which banks are open for general business in Malta, other than a Saturday, Sunday or public holiday.

(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.

  1. MEDIATION AND DISPUTE RESOLUTION

21.1. Briskby encourages You to try and resolve disputes (including claims for damage) with other Briskby Users directly. Accordingly, You acknowledge and agree that Briskby may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.

21.2. Briskby may provide access to a third party dispute resolution service (“Third Party Dispute Service”). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Briskby confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

21.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.

21.4. If You have a complaint about the Briskby Service please contact us here

21.5. If Briskby provides information of other Briskby Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Briskby against any claims relating to any other use of information not permitted by this Agreement.

  1. TERMINATION

22.1. Either party may terminate an account and this Agreement at any time for any reason.

22.2. Termination of this Agreement does not affect any Rental Agreement that has been formed between Briskby Users. If You have entered a Rental Agreement You must comply with the terms of that Rental Agreement including providing the gear or services or paying the price as applicable.

22.3. Third Party Services are subject to Third Party Service provider terms and conditions.

22.4. Sections 10 (Fees), 13 (Limitation of Liability), and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

  1. GENERAL

23.1. This Agreement is governed by the laws of Malta. You and Briskby submit to the exclusive jurisdiction of the courts of Malta.

23.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

23.3. This Agreement may be assigned or novated by Briskby to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.

23.4. This Agreement sets out the entire understanding and agreement between You and Briskby with respect to its subject matter.

  1. SERVICE FEE SCHEDULE

24.1. The Service Fee for an offer that has been accepted by a Renter is equal to 21% percent of the amount that was accepted for rental of gear or 15% percent of the amount that was accepted for sale of items.

 

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