Terms of Service

1. BACKGROUND

1.1 These general terms and conditions (hereinafter referred to as the "Terms") apply between you and the Lende marketplace (hereinafter referred to as "Lende", "We" and/or "Us") when using all services that Lende provides via our web-based application ("Application"). Through the Application, Lende provides the following services (hereinafter referred to as the "Service"):

(a) Allows users to advertise items for rent or sale (hereinafter referred to as "Lessors"); (b) lessors to communicate with and enter into agreements with other users to rent or sell (hereinafter referred to as "Lessees"); (c) lessees to pay lessors for renting or buying items.

Lessor and Lessee are collectively referred to as "User", "You" and/or "You".

1.2 The Terms describe the Service and what applies to you as a User and what rights and obligations you and we have. The terms only regulate the contractual relationship between Lende, including its possible subcontractors and partners, and the User. In no case is Lende a party to the contractual relationship between Lessor and Lessee, but only acts as an intermediary for contact between Users.

1.3 Please note that the Terms constitute the complete regulation of all matters to which the Terms relate. Lende reserves the right to update and revise the Terms and Conditions. Updates are notified to the User via email to the email address that the User specified during registration.

2. GENERAL ABOUT SERVICE AND REGISTRATION

2.1 Lende offers Users an opportunity to use the Service by registering. By registering as a User in the Application and using the Service, you confirm that you have read and accepted the Terms.

2.2 Users themselves are responsible for ensuring that the information provided during registration is correct and up-to-date, and that this information is kept up-to-date if necessary. Users can check and update their user details in the Application under the "Profile" tab.

2.3 Lende reserves the right to check the User's possible correspondence with other Users via the Application and to terminate the User's membership with immediate effect in case of suspicion of misuse of the Service, or the User's failure to comply with the Terms.

3. ADVERTISING

3.1 Advertising must take place in English or Spanish.

3.2 It is only permitted to advertise rental items; pure marketing is not allowed. Carrying out payment outside the Service is considered pure marketing.

3.3 Only one rental object per advertisement and only one advertisement per rental object is permitted.

3.4 The lessor is responsible for the information provided in advertisements published in the Application being correct, up-to-date, complete and not contrary to applicable laws or regulations.

3.5 It is not permitted to advertise unrealistic offers. Lende reserves the right to remove advertisements if, according to Lende’s judgment, they are incorrect and/or unrealistic. Random checks, or checks initiated by notifications from Users, of advertisements are carried out continuously by Lende.

3.6 Advertising via the Service must be ethically correct. It is therefore not permitted to post advertisements that may seem offensive or offensive to groups of people and/or individuals, including, for example, but not limited to, pornographic or political messages, prostitution, alcohol, drugs, tobacco, medicines, weapons, etc.

3.8 It is not allowed to publish advertising for NSFW, alcohol, 18+, illegal, etc items.

3.7 Lende reserves the right to make such changes or adjustments to the advertisement as Lende deems necessary to fulfill these Terms. Such changes may, but need not, be notified to the User.

4. RENTAL TERMS

4.1 The lessor is responsible for the goods being rented being advertised in an accurate manner that reflects the goods' true condition and areas of use. The lessor is also responsible for the goods being handed out and returned at the agreed time.

4.2 The lessor is responsible for payment of tax and other fees that may arise when renting. It is the Lessor's responsibility to find out which tax rules are applicable when renting different rental items.

4.3 The lessee is responsible for taking good care of the rental object and returning it in the same condition as it was picked up. Should the Lessee cause damage to the rental object, the Lessee must compensate the Lessor for the costs incurred in order to restore the rental object or to replace the rental object with an item of the same function and quality.

4.4 As the middle person, Lende is not responsible for any item that is sold/rented through the platform. The lessee agrees to rent items at their own risk. The lessee agrees to compensate the lessor in case of damage, as per clause 4.3.

4.5 If the Lessee does not pick up a booked rental object, the full rental amount will be charged for this. If a Lessee returns the rental object late, the Lessee may be charged rent for the time the rental object is late.

5. RENTAL AND DELIVERY

5.1 A booking of an advertised rental object occurs when the Lessee confirms booking of the rental object, by clicking “book” on the checkout page and then pays the rental amount in accordance with Section 6.1 below. A booking confirmation is then sent via email to both Lessor and Lessee, which states the agreed rental period, rental amount, cancellation conditions and other conditions for the rental.

5.2 Delivery or collection of rental items must be discussed via that chat function of the Service and take place in accordance with the mutual agreement of Lessor and Lessee.

6. PAYMENT

6.1 Payment of the rental amount takes place in connection with the booking via the Service and is handled via Lende’s partner Stripe ( www.stripe.com ). Payment takes place in the Application with a debit or credit card from Visa, MasterCard or American Express, all data handled in connection with payment is encrypted.

6.2 When paying, the rental amount, including the booking fee, is deducted from the debit or credit card that the Lessee specified in connection with the booking according to Section 5.1 above. Lende stores the rental amount on behalf of the Lessee and the Lessor during the entire rental period. The rental amount is then transferred to a bank account specified by the Lessor, after deduction of Lende’s commission according to Item 7 below, no later than seven (7) days after the end of the rental period.

6.3 If the Lessor has not delivered or handed over the booked rental item to the Lessee on the specified day and the Lessee can demonstrate that this has not happened, Lende will, in the event that the Lessee and the Lessor do not agree on a new day for delivery or release within seven (7) days from the booking date, to return the rental amount to the Lessee.

6.4 In the event of a canceled rental, money will be refunded to the lessee in accordance with the cancellation conditions. When cancellation has taken place, a case is sent directly to our partner Stripe, who handles the refund. It usually takes between 5-10 days until the repayment is completed and the money is available to the lessee.

7. SERVICE FEE

7.1 Lende charges fees for Lessors (“service fee”) for bookings made via the Service. The service fee amounts to 20% of the rental amount agreed between the Users. Lende reserves the right to change the service fee and the booking fee by amending these Terms.

7.2 Users who avoid paying the service fee and booking fee (e.g. by charging outside the Service) may be terminated according to clause 12.1.

8. CANCELLATION AND COMPLAINTS

8.1 Cancellation of a booked rental object can be done by the Lessee in accordance with the cancellation conditions chosen for the rental object.

8.2 Cancellation of a booked rental object carried out by the Lessor means a full refund of the rental amount to the Lessee.

8.3 The Lessor and the Lessee have the right to cancel a booking due to circumstances that the Lessor or Lessee could not foresee or control (force majeure).

8.4 Any complaints, objections and demands for compensation due to the rental or the rental object are handled between the Lessee and the Lessor.

9. USER RESPONSIBILITY

9.1 Users undertake to use the Service in accordance with the Terms.

9.2 Users are responsible for keeping user data confidential and that access to the User's identification method is not disclosed to others. Users may also not allow, directly or indirectly, third parties to use the Service in their name. If the User has reason to suspect that someone unauthorised has access to their user data and/or identification method, such User must immediately contact Lende so that Lende can block the User's account in question pending investigation.

9.3 Users are responsible for all information published via the Service. This means that the User must ensure that the information provided during registration or otherwise via the Service is correct and that the disclosure of this information in no way contravenes the applicable law or the Terms and Conditions.

9.4 Users undertake not to use information obtained via the Service for purposes other than contact with other Users. It is therefore not permitted to disclose other Users' contact details or other information about them to third parties.

9.5 User is responsible (not Lende) that User holds all necessary rights to such content that a User creates and/or posts in the Application such as e.g. images, videos and advertisement texts ("User Generated Content"), either by having created the User Generated Content themselves, or by the creator of such User Generated Content giving permission to the User to use the User Generated Content in the Application in accordance with the Terms.

9.6 By posting User-Generated Content, Users grant Lende an unrestricted right to freely dispose of the User-Generated Content, by, for example, processing, formatting, storing or copying it and making it available to the public, and to pass these rights on to potential partners. Lende may also use the User Generated Content for marketing purposes. Lende’s rights remain even after an advertisement has been deleted.

9.7 Lende’s use of the User Generated Content does not give rise to any claim for compensation from the User.

9.8 Lende has the right to remove information that Users provide in the Application, in order to fulfill its obligations according to the law.

9.9 Lende further reserves the right to suspend the User from using the Service until further notice without prior warning if there is suspicion of improper use of the User's user data or if data provided by the User appears to be in violation of the applicable law or if the User otherwise violates the Terms.

9.10 Users may be held liable for loss and damage suffered by Lende or anyone else as a result of the User's breach of the Terms or applicable law or as a result of other negligent behavior.

10. LENDE’S LIABILITY

10.1 Lende strives to ensure that the Service is available twenty-four (24) hours a day. However, Lende bears no responsibility if all or parts of the Service are unavailable at any time or for any period, regardless of the reason.

10.2 Access to the Service may be temporarily and without warning interrupted in the event of a system error, maintenance, repair or for other reasons beyond Lende’s control.

10.3 Lende strives to ensure that all information in the Application is substantially correct. However, Lende does not guarantee the accuracy or completeness of the content of the Application. Lende may at any time and without notice make changes to the Application.

10.4 The content of the Application is provided "as is" and Lende makes no guarantees regarding the content. 10.5 Lende will cooperate fully with all authorities and comply with any court orders ordering the release of personal data about or location information of anyone who has published content in violation of the Terms.

11. LIMITATION OF LIABILITY

11.1 Lende hereby denies, to the extent permitted by applicable law, liability for direct and indirect damages and/or losses or damage incurred by the User or by any third party in connection with the use of or obstacles to the use of the Service regardless how the damage occurs and regardless of whether the damage is caused by negligence, breach of contract or otherwise.

11.2 The limitation of liability in this Section 11 does not alter or limit a User's rights as a consumer and does not exclude or limit liability to an extent not permitted by applicable law.

11.3 The limitation of liability does not delimit Lende from, on occasions when Lende deems it appropriate, compensating Users or third parties for loss and/or damage incurred in connection with the use of the Service.

12. TERMINATION

12.1 Lende has the right, at its own discretion and without prior warning, to limit a User's access to the Service and/or refuse all correspondence with a User in the event that: a) there is a regulatory change that limits Lende’s ability to offer access to the Service ; b) any event beyond Lende’s control prevents Lende from offering access to the Service including, but not limited to, technical problems, capacity problems and communication problems; or c) Lende believes that a User is abusing the Service or otherwise acting in violation of the Terms. d) Lende considers that a User does not have good enough credit to use the Service.

13. PERSONAL DATA

13.1 The use of the Service includes the processing of personal data for various purposes. Lende is the personal data controller for all processing of personal data that Lende, or others on behalf of Lende, carry out within the framework of the Service. Personal data is information which can be directly or indirectly attributed to a person, for example name and address. Contact details for Lende can be found at the bottom of this information.

13.2 By accepting the Terms, Users consent to Lende processing: (i) contact details such as name, e-mail, phone number, address, (ii) payment details such as debit or credit card or bank account for payment, (iii) geographical position such as coordinates, (iv) detailed order history including receipts and timings, (v) IP address (vi) user information, about Users for the purposes specified under clause 13.3 below.

13.3 Lende may use, compile, process and analyze the information described above under point 13.2 above to administer the User's account with Lende, to market Lende and Lende’s potential partners' products and services, to analyze the User's use of the Service, for to ensure the Service's technical functionality and to fulfill obligations according to law or regulation. (i) Contact details are used to create an account with Lende and a rental advertisement. (ii) Payment details are used to be able to receive payment for rental objects or to be able to make a payment for rented objects. (iii) Geographical position is used to be able to show rental properties closest to you or the closest desired address. (iv) Order history is used to present the history to the user and to calculate response rates and average response times. (v) The IP address is used to create an account with Lende’s payment provider Stripe.

13.4 Users have the right, free of charge, to receive information and register extracts about the processing of personal data that Lende carries out regarding Users. Users also have the right to request correction, deletion or blocking of personal data that is incorrect.

13.5 Other parties who receive your user data from Lende. We share your personal data with: (i) The police when investigating crimes. (ii) Stripe, Inc for payment processing. (iii) Sharetribe.com (iv) Heroku, Google Cloud Services and Amazon Web Services or such provider that replaces these from time to time for managing server environments such as databases and applications. (v) Intercom.io or such supplier that replaces it from time to time for handling customer support. (vi) Customer.io or such supplier replacing it from time to time for handling e-mails such as booking confirmation and welcome letters. (vii) LINK Mobility International or such supplier that replaces it from time to time for handling SMS notifications for rental bookings. (viii) IT consultants that we engage from time to time for service and development of our systems.

13.6 If you have questions or objections about how we handle your personal data, please contact us via this email: hello@lendeapp.com

14. INTELLECTUAL RIGHTS

Unless otherwise stated in these Terms or in the Application, Lende, or Lende’s licensors, own all intellectual and other rights, including copyright and rights to trademarks and know-how, to the Service and the Application. Users may not, without Lende’s written consent, distribute, license, modify, copy or otherwise use the content of the Application to a greater extent than is required to use the Service, unless otherwise required by mandatory law.

15. OTHER

15.1 The Application is only directed towards Users who are preparing to access the Application from Spain, unless otherwise stated in the Terms and Conditions.

15.2 Users who access the Application from a location outside Spain are responsible for complying with local laws if, and to the extent, such laws are applicable.

15.3 If any provision in these Terms is deemed to be illegal, invalid or unenforceable for any other reason, then such provision shall be deemed omitted and shall not affect the validity or enforceability of any of the remaining provisions in the Terms. 16.4 These Terms constitute the entire agreement between Lende and the User regarding the use of the Service and replace all previous agreements and commitments with respect to this.

15.5 These Terms and Conditions have been drawn up and shall be interpreted in accordance with Spanish law.

16. DISPUTE RESOLUTION

If there is a dispute between Lende and the User due to these Terms or for another reason, the parties must first try to resolve the dispute by agreement. If the parties cannot agree, the dispute can be settled by the appropriate legal authorities.

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