Pensharing terms of use
Last Updated: April 12, 2018
Please read these terms of use carefully. They contain important information (whether you are a Member or not) regarding your use of the Site, your use of the Service and your legal rights and obligations. They contain various limitations and exclusions, a clause governing jurisdiction and venue for disputes, and obligations regarding compliance with applicable laws and regulations.
Pensharing Limited is a company registered in England & Wales (registration number 11215883 whose registered office is 71 – 75 Shelton Street, London WC2H 9JQ)
Key Terms
“Site” means www.pensharing.com and listings.pensharing.com
“Service” means the online platform accessed via www.pensharing.com and listings.pensharing.com that connects Owners of pens with Hirers seeking to hire pens
“Pens” means fountain pens and not any other types of pens
"Owner" means a Member who creates a Listing via the Site and Service.
"Hirer" means a Member who requests from an Owner to hire a pen via the Site or Service
"Member" means a person who completes Pensharing.com's account registration process, including but not limited to Owners and Hirers, as described under "Account Registration" below.
"Listing" means a pen that is listed by an Owner as available for hire via the Site and Service.
"Hire Fee" means the fee payable by a Hirer in exchange for the hire of a pen. The Owner, not Pensharing.com, is responsible for the Hire Fee for his or her Listing.
“Owner Fee” means a percentage of the Hire Charge paid by Owners to Pensharing.com for use of the Service. The Owner Fee will be displayed to the Owner when the Owner is asked whether to confirm or reject a hire request from a prospective Hirer.
“Membership Fee” means the monthly fee paid to Pensharing.com to be a Member
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Pensharing.com Content" means all Content that Pensharing.com makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site or Service.
"Collective Content" means Member Content and Pensharing.com Content.
1. Accepting these terms of use
1.1 These Terms govern your access to and use of the Site, Service and all Collective Content and constitute a binding legal agreement between you and Pensharing.com (“we”, “us” or “Pensharing.com” hereafter). Please also read carefully our Privacy Policy.
1.2 Pensharing.com provides an online platform that connects Owners of pens with Hirers seeking to hire pens (collectively, the "Service"). The Service is accessible at http://www.Pensharing.com and http://listings.Pensharing.com (collectively, the "Site").
1.3 You acknowledge and agree that, by accessing or using the Site or the Service or by downloading, or posting, any Content from or on the Site or through the Service, you are indicating that you have read, that you understand, and that you agree to comply with and be legally bound by these Terms of Use (“Terms”), whether or not you have registered with the Site.
1.4 If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
1.5 By agreeing to the Terms you agree that:
1.5.1 When you use the Service as a Hirer, you (a) are entering into a separate contract with an Owner, to which Pensharing.com is not a party and (b) will comply with the Hirer’s Rules
1.5.2 When you use the Service as an Owner, you (a) are entering into a separate contract with a Hirer, to which Pensharing.com is not a party and (b) will comply with the Owner’s Rules
2. The Service
2.1 The Site and Service comprise an online platform through which Owners may create Listings for pens and Hirers may learn pens about and hire pens directly from Owners.
2.2 The Site and Service are exclusively for the hire of fountain pens and not any other types of pens or any other items.
2.3 You understand and agree that Pensharing.com is acting as an intermediary only and is not a party to any agreements entered into between Owners and Hirers for the hire of pens and accepts no liability for the performance of either party (ie Owners or Hirers) in relation to any such agreement.
2.4 Pensharing.com has no control over the conduct of Owners, Hirers or other users of the Site and Service, or any pens, and disclaim any and all liability in this regard to the maximum extent permitted by law.
2.5 You acknowledge that we cannot guarantee continuous, error-free or secure access to the Site or Service or that defects in the Site or 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 Site or Service.
2.6 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.
3. Modification3.1 Pensharing.com reserves the right, at its sole discretion, to modify the Site or Service or to modify these Terms, including the Service Fees and Membership Fees, at any time and without prior notice.
3.2 If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms.
3.3 By continuing to access or use the Site or Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service.
4. Eligibility
4.1 The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Service by anyone under 18 is expressly prohibited. By accessing or using the Site or Service you represent and warrant that you are 18 or older.
5. How the Site and Service Work
5.1 The Site and Service can be used to facilitate the listing and hire of pens. Such pens are included in Listings on the Site and Service by Owners. You may view Listings as an unregistered visitor to the Site and Service; however, if you wish to hire a pen or create a Listing, you must first become a Member by registering to create a Pensharing.com Account (defined below).
5.2 Pensharing.com makes available an online platform with related technology for Owners and Hirers to meet online and arrange for rentals of pens directly with each other. Unless explicitly specified otherwise in the Pensharing.com platform, Pensharing.com's responsibilities are limited to: facilitating the availability of the Site and Service.
5.3 The Site and Service are intended to be used to facilitate Owners and Hirers to connect with one another and hire pens from one another.
5.4 Pensharing.com cannot and does not control the content contained in any Listing or the condition or suitability of any pens.
5.5 Pensharing.com is not responsible for and disclaims any and all liability related to any and all Listings and pens.
5.6 Owners who hire pens to Hirers do so at their own risk.
6. Account Registration and Membership including Suspension and Termination
6.1 In order to access certain features of the Site, and to hire a pen or create a Listing, you must register to create an account ("Pensharing.com account") and become a Member.
6.2 Your Pensharing.com Account and your Pensharing.com Account profile page will be created for your use of the Site and Service based upon the personal information you provide to us.
6.3 You may not have more than one (1) active Pensharing.com Account. Pensharing.com reserves the right to suspend or terminate your Pensharing.com Account and your access to the Site and Service if you create more than one (1) Pensharing.com Account
6.4 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Pensharing.com reserves the right to suspend or terminate your Pensharing.com Account and your access to the Site and Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
6.5 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Pensharing.com Account, whether or not you have authorised such activities or actions. You will immediately notify Pensharing.com of any unauthorised use of your Pensharing.com Account.
6.6
You agree
that by becoming a Member you will pay a £14 annual Membership Fee after an initial free 3 month period.
6.7 You can terminate your Membership at any time – go to “Settings”, “Account” and “Permanently delete my account”
6.7.1 If you terminate your membership less than 24 hours before your next Membership Fee is due for payment, your Membership Fee will still be collected and no refund will be due.
6.8 We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Pensharing.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
6.8.1 Your Pensharing.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Service, your Pensharing.com Account, your Member Content, or receive assistance from Pensharing.com
6.8.2 Any pending or accepted future hires as either Owner or Hirer will be immediately terminated
6.8.3 We may communicate to your Hirer or Owner that a potential or confirmed hire has been cancelled
6.8.4 We may refund your Hirers in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies
6.8.5 We may contact your Hirers to inform them about potential alternate pens with other Owners that may be available on the Site and Service
6.8.6 You will not be entitled to any compensation for hires (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Pensharing.com Account.
6.8.7 If your Pensharing.com Account is terminated, we do not have an obligation to delete or return to you any Member Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
7. Collective Content
7.1 Member Content comprises text, graphics, images, music, software, audio, video, information or other materials which you publish, post, upload, submit, transmit, or include in your Member profile, Listings and Reviews which are made available through the Site or Service.
7.2 By making available any Member Content on or through the Site and Service, you hereby grant to Pensharing.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Pensharing.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
7.3 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Pensharing.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Pensharing.com's use of the Member Content (or any portion thereof) on, through or by means of the Site, and the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.4 As a Member, you may create Listings. Listings will be made publicly available via the Site and Service.
7.5 To create a Listing, you are required to complete information about the pen to be listed, including, but not limited to (i) Hire Fee per week (ii) shipping cost (iii) location (iv) description (v) filling system (vi) dimensions both posted and unposted (vii) condition (viii) blemishes / defects (ix) Replacement Value (x) shipping information (xi) packaging (xii) any other instructions, restrictions or terms of hire (xiii) choice of ink (xiv) up to 3 photographs
7.6 Photographs must (i) include the complete pen (ii) include any blemishes / defects referenced in clause 7.3 (iii) be in colour (iv) be representative of the actual colour and condition of the pen i.e. not be excessively photoshopped to disguise blemishes / defects or to distort the actual colour of the pen.
7.7 In order to be featured in Listings via the Site and Service, all pens must have valid physical addresses.
7.8 You acknowledge and agree that you alone are responsible for any and all Member Content you publish.
7.9 You agree that any and all Member Content you create will be true and accurate including the condition of any and all pens in your Listings
7.10 You represent that you have all necessary rights to Member Content and that publication of Member Content through the Service will not infringe the rights (including intellectual property rights) of any third party. You agree to compensate Pensharing.com for any losses that Pensharing.com suffers as a result of any breach by you of any of the promises made by you in these Terms.
7.11 You acknowledge that Pensharing.com does not monitor or moderate Member Content. However Pensharing.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Pensharing.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Service.
7.12 You agree that you will not publish any Member Content which:
7.12.1 Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
7.12.2 Breaches any of these Terms
7.12.3 Is defamatory, obscene, pornographic, vulgar, or offensive
7.12.4 Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
7.12.5 Is violent or threatening or promotes violence or actions that are threatening to any other person
7.12.6 Is fraudulent, false, misleading or deceptive, including any Listings showing pens which are illegal copies
7.12.7 Promotes illegal or harmful activities or substances;
7.12.8 Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
7.12.9 Contains any viruses or any other technologies that may harm Pensharing.com or the interests or property of Pensharing.com users or Members
7.12.10 Is a copy of any other Member’s Member Content without their written consent
7.13 Subject to your compliance with the terms and conditions of these Terms, Pensharing.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Pensharing.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
8. Hirers Rules
8.1 In order to hire a pen you agree to become a Member and pay the Membership Fee to Pensharing.com
8.2 In order to hire a pen you agree to pay:
8.2.1 the Hire Fee to the Owner as shown in the Listing
8.2.2 the Shipping fee to the Owner to ship the pen from the Owner to you as shown in the Listing
8.2.3 the Shipping fee to ship the pen back to the Owner at the end of the hire
8.2.4 any Late Return Fee due as a result of shipping the pen back to the Owner after the Return Deadline
8.2.5 any repair costs for damage caused during the hire
8.2.6 the Replacement Value of the pen should the pen be lost, stolen or damaged beyond repair during the hire
8.3 When you hire a pen you are not hiring from Pensharing.com but from another Member who has signed up as an Owner and you are entering into an agreement with the Owner. You agree to accept any terms, conditions, rules and restrictions associated with such agreements imposed by the Owner. You acknowledge and agree that you, and not Pensharing.com, will be responsible for performing the obligations of such agreements, that Pensharing.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Pensharing.com disclaims all liability arising from or related to any such agreements. Pensharing.com is not in any way responsible for the acts or omissions of the Owner.
8.4 You are responsible for keeping the pen safe during the hire and returning the pen in the condition it was in when you hired it. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the pen.
8.5 Geographical location
8.5.1 You may not hire any pens from outside your own country.
8.5.2 Any pens hired from outside your own country may be intercepted by the tax authorities in your country with additional taxes at the prevailing tax rate payable on the value of the pen. You, not Pensharing.com, are liable for these taxes.
8.6 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Service and Collective Content.
8.7 In connection with your use of the Site, Service and Collective Content, you may not and you agree that you will not:
8.7.1 violate any applicable laws or regulations;
8.7.2 use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
8.7.3 access or use our Site, Services or the Pensharing.com API to use, expose, or allow to be used or exposed, any Pensharing.com Content: (i) that is not publicly displayed by Pensharing.com in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Pensharing.com Privacy Policy or Terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of Pensharing.com users or any other third party;
8.7.4 use the Site, Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
8.7.5 copy, store or otherwise access or use any information contained on the Site, Service or Collective Content for purposes not expressly permitted by these Terms;
8.7.6 infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
8.7.7 interfere with or damage our Site or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
8.7.8 use the Site or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
8.7.9 use our Site, Service or Collective Content in connection with the distribution of unsolicited messages ("spam") or advertisements unrelated to the Service;
8.7.10 "stalk" or harass any other Member or user of the Site, Service or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Pensharing.com Hirer;
8.7.11 contact an Owner for any purpose other than asking a question related to a hire, such as Owner's pens or Listings;
8.7.12 recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Pensharing.com, without Pensharing.com's prior written approval;
8.7.13 impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
8.7.14 use automated scripts to collect information from or otherwise interact with the Site, Service or Collective Content;
8.7.15 use the Site, Service or Collective Content to find an Owner and then complete a hire of a pen independent of the Site or Service, in order to circumvent the obligation to pay any Service Fees related to Pensharing.com's provision of the Service or for any other reasons;
8.7.16 accept or make a payment for Hire Fees outside Pensharing.com Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Pensharing.com harmless from any liability for such payment.
8.7.17 systematically retrieve data or other content from our Site or Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
8.7.18 use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Service or Collective Content, Pensharing.com's name, any Pensharing.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Service, without Pensharing.com's express written consent;
8.7.19 access, tamper with, or use non-public areas of the Site or Service, Pensharing.com's computer systems, or the technical delivery systems of Pensharing.com's providers;
8.7.20 attempt to probe, scan, or test the vulnerability of any Pensharing.com system or network or breach any security or authentication measures;
8.7.21 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Pensharing.com or any of Pensharing.com's providers or any other third party (including another user) to protect the Site, Service, or Collective Content;
8.7.22 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Collective Content to send altered, deceptive or false source-identifying information;
8.7.23 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service or Collective Content; or
8.7.24 advocate, encourage, or assist any third party in doing any of the foregoing.
8.8 In connection with your use of the Site, Service and Collective Content, you agree that you:
8.8.1 Have read and accepted the pen description and the Terms before making a request to hire a pen;
8.8.2 Accept the Replacement Value of the pen which is assigned by the Owner (if you do not agree to the Replacement Value, you cannot hire the pen)
8.8.3 accept liability for and agree to pay the full Replacement Value of the item in case of loss or damage. The Replacement Value is defined as a reasonable estimate determined by the Owner unless the Hirer disagrees in which case Pensharing.com will determine the Replacement Value
8.8.4 authorise Pensharing.com to take money up to the Replacement Value of the pen from your Account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or lost it
8.8.5 have the funds available to pay the Hire Fee
8.8.6 will return the pen to the Owner on the seventh (7th) day after the commencement of the hire by posting the pen first class recorded delivery or the equivalent in your country (the "Return Deadline"). You, not the Owner or Pensharing, are liable for the return shipping cost.
8.9 If you wish to extend a hire period for which you hire a pen, you may submit an additional request to extend this period, for acceptance by the Owner, through the Service.
8.10 If you have failed to extend the rental period for a particular item through the Service and, consequently, return the item after the Return Deadline, you acknowledge that Pensharing may charge you as set out in the ‘Your Liability’ section of the Terms [section 9].
8.11 You are encouraged to leave a review for the Owner once you have completed a hire using the Service. Reviews consist of an overall “positive” or “negative” rating of the hire as well as up to XXX words of text. Leaving reviews helps to build trust amongst Members, and helps Owners build a good reputation. It also serves to warn other Members about a poor hire experience. By leaving a review you acknowledge and agree that:
8.11.1 your review and account information will be displayed on the Site
8.11.2 your review will not (i) contain private information (ii) breach any applicable laws (iii) breach any of these Terms (iv) be threatening, abusive, defamatory, obscene, inappropriate or indecent (v) be false or misleading or attempt to intentionally deceive others (vi) infringe the rights of any third party
8.11.3 Pensharing.com has the right to remove reviews which violate these Terms
8.12 Owners are under no obligation to accept hire requests and have the right to refuse hire requests for any reason
8.13 You are responsible for having sufficient funds available to pay the Replacement Value of the pen should you lose or damage the pen beyond repair. If you do not have funds available to pay the Replacement Value, do not request to hire the pen.
8.14 We have the right to take money up to the Replacement 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 end of the hire.
8.15 Pensharing.com does not endorse any Member or any pen. Members are required by these Terms to provide accurate and up to date information about themselves and their pens, and although Pensharing.com may (but is not obliged to) undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. You agree to exercise due diligence and care when deciding whether to hire a pen from an Owner, or to have any other interaction with any other Member. By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pensharing.com with respect to such actions or omissions.
9. Owners Rules
9.1 In order to hire pens to Hirers you agree to become a Member and pay the Membership Fee to Pensharing.com
9.2 In order to receive payment for hiring a pen you agree to pay the Service Fee to Pensharing.com
9.3 When you hire a pen to a Hirer you are not hiring to Pensharing.com but to another Member who has signed up as an Hirer and you are entering into an agreement with the Hirer. Pensharing.com is not a party to that agreement or in any way responsible for the acts or omissions of the Hirer
9.4 Owners who hire pens to Hirers do so at their own risk of loss or damage to the pen. Pensharing.com does NOT insure pens for Owners against, loss, damage or theft. Pensharing.com recommends that Owners obtain appropriate insurance for their pens. Please review any insurance policy that you may have for your pen carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Hirers while hiring your pen.
9.5 If you are an Owner and a hire is requested for your pen via the Site or Service, you will be required to either confirm or reject the hire request within the Hire Request Period, otherwise the hire request will automatically expire. When a hire is requested via the Site or Service, we will share with you (i) the first and last name of the Member who has requested the booking, (ii) a link to the Member's Pensharing.com Account profile page
9.6 When you confirm a booking requested by a Hirer, Pensharing.com will send you an email confirming such booking.
9.7 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Service and Collective Content.
9.8 In connection with your use of the Site, Service and Collective Content, you may not and you agree that you will not:
9.8.1 Offer for hire any pen that you do not yourself own or have permission to rent out;
9.8.2 violate any applicable laws or regulations;
9.8.3 post, upload, publish, submit or transmit any Member Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
9.8.4 use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
9.8.5 access or use the Site, Services or the Pensharing.com API to use, expose, or allow to be used or exposed, any Pensharing.com Content: (i) that is not publicly displayed by Pensharing.com in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Pensharing.com Privacy Policy or Terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of Pensharing.com users or any other third party;
9.8.6 use the Site, Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
9.8.7 copy, store or otherwise access or use any information contained on the Site, Service or Collective Content for purposes not expressly permitted by these Terms;
9.8.8 infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
9.8.9 interfere with or damage our Site or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
9.8.10 use the Site or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
9.8.11 use the Site, Service or Collective Content in connection with the distribution of unsolicited messages ("spam") or advertisements unrelated to the Service;
9.8.12 "stalk" or harass any other Member or user of the Site, Service or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Pensharing.com Hirer;
9.8.13 contact an Owner for any purpose other than asking a question related to a hire, such as Owner's pens or Listings;
9.8.14 recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Pensharing.com, without Pensharing.com's prior written approval;
9.8.15 impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
9.8.16 use automated scripts to collect information from or otherwise interact with the Site, Service or Collective Content;
9.8.17 use the Site, Service or Collective Content to find an Owner and then complete a hire of a pen independent of the Site or Service, in order to circumvent the obligation to pay any Service Fees related to Pensharing.com's provision of the Service or for any other reasons;
9.8.18 accept or make a payment for Hire Fees outside Pensharing.com Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Pensharing.com harmless from any liability for such payment.
9.8.19 systematically retrieve data or other content from our Site or Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
9.8.20 use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Service or Collective Content, Pensharing.com's name, any Pensharing.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Service, without Pensharing.com's express written consent;
9.8.21 access, tamper with, or use non-public areas of the Site or Service, Pensharing.com's computer systems, or the technical delivery systems of Pensharing.com's providers;
9.8.22 attempt to probe, scan, or test the vulnerability of any Pensharing.com system or network or breach any security or authentication measures;
9.8.23 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Pensharing.com or any of Pensharing.com's providers or any other third party (including another user) to protect the Site, Service, or Collective Content;
9.8.24 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Collective Content to send altered, deceptive or false source-identifying information;
9.8.25 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service or Collective Content;
9.8.26 request the Hirer to pay a higher price than as stated in the Listing
9.8.27 advocate, encourage, or assist any third party in doing any of the foregoing.
9.9 You are encouraged to leave a review for the Hirer once you have completed a hire using the Service. Reviews consist of an overall “positive” or “negative” rating of the hire as well as up to XXX words of text. Leaving reviews helps to build trust amongst Members, and helps Hirers build a good reputation. It also serves to warn other Members about a poor hire experience. By leaving a review you acknowledge and agree that:
9.9.1 your review and account information will be displayed on the Site
9.9.2 your review will not (i) contain private information (ii) breach any applicable laws (iii) breach any of these Terms (iv) be threatening, abusive, defamatory, obscene, inappropriate or indecent (v) be false or misleading or attempt to intentionally deceive others (vi) infringe the rights of any third party
9.9.3 Pensharing.com has the right to remove reviews which violate these Terms
9.10 Pensharing.com does not endorse any Member or any pen. Members are required by these Terms to provide accurate and up to date information about themselves and their pens, and although Pensharing.com may (but is not obliged to) undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. You agree to exercise due diligence and care when deciding whether to accept a hire request from a Hirer, or to have any other interaction with any other Member. By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pensharing.com with respect to such actions or omissions.
10. Fees for using the Service for Hirers and Owners
10.1 Membership Fee for Hirers and Owners
10.1.1 In order for Hirers to hire pens and Owners to hire pens to Hirers, both Hirers and Owners must become Members.
10.1.2
As a Member,
you agree to pay a £2 monthly Membership Fee to Pensharing.com, following a free 3 month period.
10.2 Hire Fee for Hirers
10.2.1 When you hire a pen from an Owner you will pay the Hire Fee to the Owner which is shown in the Listing. Hire Fees are shown per week
10.2.2 When you hire a pen from an Owner you will also pay the Shipping cost to the Owner which is shown in the Listing. This is to pay for delivery of the pen by first class recorded delivery or equivalent in your country
10.3 Shipping costs for Hirers for return of a pen to an Owner
10.3.1 When you hire a pen, you (not the Owner or Pensharing.com) must pay the return shipping to return the pen to the Owner, using first class recorded delivery or equivalent in your country
10.3.2 You must retain proof of shipping in the event of a dispute about a late return of a Late Return Fee
10.4 Late Return Fee for Hirers
10.4.1 When you hire a pen, if you do not ship the pen back to the Owner on the seventh (7th) and last day of the hire, you will be charged a further 1 week’s Hire Fee (the Late Return Fee)
10.4.2 If you do not ship the pen back to the Owner within 7 days after the Return Deadline you will be charged for the Replacement Value of the pen – see clause 10.5
10.5 Replacement Value for Hirers
10.5.1 The Replacement Value of the pen is shown in the Listing.
10.5.2 If the pen is lost, stolen, damaged beyond repair or returned more than 7 days after the Return Deadline when you hire a pen from an Owner, you will be liable to pay the Replacement Value of the pen to the Owner.
10.5.3 Under clause 10.5.2 Pensharing.com has the right to take money up to the Replacement Value of the pen from your account without seeking further permission from you.
10.5.4 In the event of a dispute between a Hirer and an Owner in relation to the Replacement Value of a pen, Pensharing has the sole discretion to set an appropriate Replacement Value for that pen, determined in good faith and taking into account the reasonable representations of the parties.
10.5.5 If you refuse to pay for any loss of or damage caused to a pen that you have hired, or to pay any amount that you owe to Pensharing.com or an Owner, for any reason, within the timeframe given to you by Pensharing.com, 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.
10.6 Owner Fees for Owners. When you as an Owner hire a pen to a Hirer you agree:
10.6.1 to pay Pensharing.com the Owner Fee which is 15% of the Hire Fee
10.6.2 to that you (and not Pensharing.com) are responsible for reporting and paying any and all applicable taxes owed by you as a result of your use of the Service
10.7 Payments processing
10.7.1 Payments made through the Service are processed by Stripe or Paypal. By using the Service either as Hirer or Owner you agree to the Stripe and Paypal terms and conditions, as may be modified by Stripe or Paypal from time to time. The full Stripe terms and conditions are here. The full Paypal terms and conditions are here.
10.7.2 Owners will receive the Hire Fee after deducting the Service Fee and after deducting a payment processing fee by either Stripe or Paypal.
10.7.3 Stripe fees and Paypal fees vary according to the amount of the Hire Fee and the country where you live.
11. Privacy
11.1 You agree that Pensharing.com’s Privacy Policy (as may be updated from time to time) governs Pensharing.com's collection and use of your personal information.
12. Ownership
12.1 The Site, Service, and Collective Content are protected by copyright, trademark, and other laws of England and Wales.
12.2 You acknowledge and agree that the Site, Service and Collective Content, including all associated intellectual property rights, are the exclusive property of Pensharing.com and its licensors.
12.3 You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service, or Collective Content.
13. Links
13.1 The Site and Service may contain links to third-party websites or resources. You acknowledge and agree that Pensharing.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pensharing.com of such websites or resources or the content, products, or services available from such websites or resources.
13.2 You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
13.3 Some portions of the Pensharing.com platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
14. Proprietary Rights Notices
14.1 All trademarks, service marks, logos, trade names and any other proprietary designations of Pensharing.com used herein are trademarks or registered trademarks of Pensharing.com.
14.2 Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
15. Copyright Policy
15.1 Pensharing.com respects copyright law and expects its users to do the same. It is Pensharing.com's policy to terminate in appropriate circumstances the Pensharing.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
16. Disclaimers
16.1 If you choose to use the Site, Service or Collective Content, you do so at your sole risk.
16.2 You acknowledge and agree that pensharing.com does not have an obligation to conduct background checks on any Member, including, but not limited to, Hirers and Owners but may conduct such background checks in its sole discretion.
16.3 The Site, Service, and Collective Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Pensharing.com explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
16.4 Pensharing.com makes no warranty that the Site, Service, Collective Content, (including, but not limited to, the Listings or any pens) will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
16.5 Pensharing.com makes no warranty regarding the quality of any Listings, pens, Owners, Hirers, the Site, Service or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site or Service.
16.6 No advice or information, whether oral or written, obtained from Pensharing.com or through the Site, Service or Collective Content, will create any warranty not expressly made herein.
16.7 You are solely responsible for all of your communications and interactions with other users of the Site or Service and with other persons with whom you communicate or interact as a result of your use of the Site or Service, including, but not limited to, any Owners or Hirers.
16.8 You understand that Pensharing.com does not make any attempt to verify the statements of users of the Site or Services or to review any pens. Pensharing.com makes no representations or warranties as to the conduct of users of the Site or Service or their compatibility with any current or future users of the Site or Service.
16.9 You agree to take reasonable precautions in all communications and interactions with other users of the Site or Service and with other persons with whom you communicate or interact as a result of your use of the Site or Services including, but not limited to, Hirers and Owners.
17. Limitation of Liability
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Service and Collective Content, your listing or hire of any pens via the Site and Service, and any contact you have with other users of Pensharing.com whether in person or online remains with you.
17.2 Neither Pensharing.com nor any other party involved in creating, producing, or delivering the Site, Service, Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, or Service or other persons with whom you communicate or interact as a result of your use of the Site, Service, or from your listing or hire of any pen via the Site and Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Pensharing.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
18. Indemnification
18.1 You agree to release, defend, indemnify, and hold Pensharing.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
18.1.1 Your access to or use of the Site, Service, or Collective Content or your violation of these Terms;
18.1.2 Your Member Content;
18.1.3 Your interaction with any Member;
18.1.4 Your hire of a pen to a Hirer;
18.1.5 Your creation of a Listing;
18.1.6 The use, condition or hire of a pen from an Owner by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a hire or use of a pen.
19. Entire Agreement
19.1 These Terms constitute the entire and exclusive understanding and agreement between Pensharing.com and you regarding the Site, Service, Collective Content, and any hires or Listings of pens made via the Site and Service
19.2 These Terms supersede and replace any and all prior oral or written understandings or agreements between Pensharing.com and you regarding hires or Listings of pens, the Site, Service, and Collective Content.
20. Assignment
20.1 You may not assign or transfer these Terms, by operation of law or otherwise, without Pensharing.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
20.2 Pensharing.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
21. Notices
21.1 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pensharing.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site.
21.2 For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
22. Controlling Law and Jurisdiction
22.1 These Terms and your use of the Services will be interpreted in accordance with the laws of England and Wales.
23. General
23.1 The failure of Pensharing.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
23.2 The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Pensharing.com.
23.3 Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
23.4 If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
24. Third party beneficiary
24.1 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
24.2 Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
25. Feedback
25.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Service ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication.
25.2 You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Pensharing.com and you hereby irrevocably assign to Pensharing.com and agree to irrevocably assign to Pensharing.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
25.3 At Pensharing.com's request and expense, you will execute documents and take such further acts as Pensharing.com may reasonably request to assist Pensharing.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
26. Contacting Pensharing.com
26.1 If you have any questions about these Terms please contact Pensharing.com.