Yoodlize Terms of Service
Thank you for using Yoodlize.
Please carefully read these Terms of Service. These Terms of Service explain your legal rights and obligations. By using the Yoodlize platform, whether as a visitor or a user, you agree to comply and be bound by these Terms of Service (“Terms”). When you list products and services for rent as an “Owner” you agree to comply with the Owners’ Rules, and when you rent products and services from an Owner as a “Renter” you agree to comply to the Renters’ Rules.
These Terms of Service constitute a legally binding agreement between you and Yoodlize LLC which provides access to the Yoodlize platform which includes the website and any smart device applications and all associated services, collectively referred to hereafter as “Yoodlize,” “us,” “our,” “we.”
Table of Contents
- Description of Yoodlize Services
- Use of the Yoodlize Platform, and Eligibility
- Modification of Terms of Service
- Posted Content on the Yoodlize Service
- Right of Yoodlize to Remove from the Yoodlize Platform
- Fees and Commission
- Canceling Transactions or Listings
- Review and Ratings
- General Liability
- Yoodlize Guarantee
- Personal Information and Privacy
- Third-Party Rights
- Renter Rules
- Owner Rules
1. Description of Yoodlize Services
- Yoodlize is an online platform that allows registered customers (“Owners”) to list products available for rent from other registered customers (“Renters”).
- Yoodlize is only an intermediary of any transaction between Owners and Renters for the rental of items and services on the Yoodlize platform. When an Owner rents a product or service to a Renter, they are entering into a contract directly with each other, not with Yoodlize.
- Yoodlize cannot be held responsible for, and to the maximum extent permitted by law, excludes liability for, the conduct of uses of Yoodlize.
- Yoodlize will help facilitate dispute resolution. Yoodlize cannot guarantee the truth, accuracy, safety, existence or legality of any product or service listed for rent. Identity verification is not an endorsement of an Owner’s products or an endorsement of a Renter. Yoodlize does not endorse or guarantee products for rent on the platform. Customers should exercise diligence when renting a product or services on Yoodlize.
- If the Owner or the Renter do not comply with the Terms of Service, Yoodlize has the right to remove listings, and/or cancel any transactions with written notice.
- When you, as an Owner, rent an item or provide a service to a Renter, you promise to comply to the Owners’ Rules and Terms of Service, and you acknowledge that you are entering into a direct contract with the Renter and not a contract with Yoodlize.
- As an Owner you acknowledge that the Renter is not representing or controlled by Yoodlize. You agree that Yoodlize is not responsible for any liability or loss suffered in relation to any act or omission by the Renter.
- As an Owner, you agree to comply with the Owners’ Rules. You are fully liable for any non-compliance with the Owners’ Rules and will be responsible for any compensation for the Borrower in respect to any non-compliance. This includes making sure the product listed for rent matches the description on the platform. You acknowledge that Yoodlize is not responsible for (i) your compliance with the Owners’ Rules; (ii) any compensation to the Renter for a breach of your rental agreement in any way; or (iii) any obligation to underwrite your liability you may have for non-compliance.
- You as a Renter agree that when you rent an item of service from an Owner on Yoodlize, you agree to comply to the Renters’ Rules and Terms of Service, and you acknowledge that you entering into a direct contract with the Renter and not a contract with Yoodlize.
- As a Renter, you acknowledge that the Owner is not representing or controlled by Yoodlize. You agree that Yoodlize is not responsible for any liability or loss suffered in relation to any act or omission by the Owner.
- As a Renter, you agree to comply with the Renters’ Rules. You are fully liable for any non-compliance with the Renters’ Rules and will be responsible for any compensation to the Owner in respect to any non-compliance. This includes the loss or damage of the product you have rented. You acknowledge that Yoodlize is not responsible for (i) your compliance with the Renters’ Rules; (ii) any compensation to the Owner for a breach of your rental agreement in any way; or (iii) any obligation to underwrite your liability you may have for non-compliance.
2. Use of the Yoodlize Platform, and Eligibility
As a Yoodlize user:
- You must provide accurate, current, and complete information during the registration process and keep your Yoodlize Account and public profile page information up to date at all times.
- You must be at least 16 years old and able to enter into legally binding contracts to access and use the Yoodlize Platform or register a Yoodlize Account. By accessing or using Yoodlize you represent and warrant that you are 16 or older and have the legal capacity and authority to enter into a contract.
- You may not register more than one (1) Yoodlize Account unless we authorize you to do so. You may not assign or otherwise transfer your Yoodlize Account to another party.
- You agree to keep your login details secure and use a strong unique password. Yoodlize will not be responsible for any losses suffered by you as a result of your account being used by someone else, unless this circumstance was caused by our negligence.
- As a condition of using the Yoodlize Platform you will not breach the Owners’ Rules when acting as an Owner nor breach any of the Terms of Service.
- As a condition of using the Yoodlize Platform you will not breach the Renters’ Rules when acting as a Renter nor breach any of the Terms of Service.
- You agree not to post anything that is obscene, inappropriate or indecent.
- You agree not post anything abusive, threatening or defamatory.
- You agree not to post any misleading or false material or use Yoodlize to intentionally deceive others.
- You agree not to distribute spam, third-party promotions, or chain letters.
- You agree not to infringe on the rights of any third party.
- You agree not to distribute any technologies, like viruses, that may harm Yoodlize or the interests of Yoodlize customers.
- You agree not to decompile, disassemble, create derivative works or reverse engineer based on the whole or any part of the Yoodlize Platform.
- You agree not to modify, distribute, or copy any other persons’ content without their consent.
- You agree not to use any automated or unautomated means (robot, spider, scraper, etc.) to access and/or collect content on the Yoodlize platform without the express written permission of Yoodlize.
- You agree not to interfere with the proper working of Yoodlize, including imposing an unreasonable load on our infrastructure.
- You agree not to collect data or information (email, addresses, phone numbers, etc.) about other users without their consent.
- You agree not to list and counterfeit items that could otherwise violate copyright, trademark, or other third-party rights.
- You agree not to modify, copy, or distribute content or rights from the Yoodlize platform or applications of tools from Yoodlize’s copyrights and trademarks.
- You agree not to republish, download, copy, record, broadcast, transmit, commercially exploit, post, communicate to the public, edit, or distribute in any way web pages, services, or materials on the Yoodlize platform or the coding of elements comprising Yoodlize for anything other than your own personal use.
- You agree not to bypass security measures to prevent or restrict access to Yoodlize.
- You agree to compensate and defend Yoodlize against legal proceeding or claims as a result of your breach in these Terms.
- You acknowledge that your use of Yoodlize grants you a revocable, non-exclusive, non-transferable license to use Yoodlize and grants you no rights or any of the intellectual property rights owned by Yoodlize other than the right to use Yoodlize in accordance to the Terms of Service.
- You can choose to stop using Yoodlize anytime. To deactivate your account please contact Yoodlize at Yoodlize.com
3. Modification of Terms of Service
Yoodlize reserves the right to alter these Terms of Service at any time. If we change these Terms, we will post the revised Terms on the Yoodlize platform and give customers reasonable notice of the changes to your Yoodlize services. If you do not agree to the updated Terms, customers can end their use of Yoodlize at any time. Continued use of Yoodlize after the new Terms become effective is an agreement of the updated Terms of Service.
4. Posted Content on the Yoodlize Service
- You agree to be responsible for anything you submit to Yoodlize (“Your Content”). You agree to only submit content that you have all the rights for, and you will not infringe on the rights of any third party (including intellectual property rights).
- When you post Your Content, you grant us a non-exclusive, perpetual, worldwide, royalty-free, irrevocable, transferable, sub-licensable right to exercise any and all design, copyright, trademark, database and intellectual property rights to that content.
- When you post Your Content, you waive your right to the fullest extent permitted by law to be identified as the author of Your Content.
5. Right of Yoodlize to Remove from the Yoodlize Platform
- If you have breached any of these terms or:
- You have engaged in improper or fraudulent activity, or your actions my cause financial loss or legal liability to Yoodlize or its customers.
- You have been undertaking Fee Avoidance.
- Your products or services listed are inaccurate or incorrect.
- Your behavior is incongruent with Yoodlize or our policies (including, but not limited to, harassment of customers and/or Yoodlize oyees, and circumventing suspensions)
- If it is required by applicable law to protect the interest of other customers of Yoodlize.
- Yoodlize reserves the right to:
- Immediately remove content from Yoodlize.
- Temporarily or indefinitely prevent you from adding further content to Yoodlize.
- Cancel a booking request.
- Cancel a rental offer.
- Prohibit you from accessing Yoodlize.
6. Fees and Commission
- As an Owner, on each booking you agree to pay Yoodlize a 10% commission on the rental fee (“Owner Commission”).
- As a Renter, on each booking you agree to pay Yoodlize a 10% of the Rental Fee (“Renter Commission”), (together “Total Commission”).
- For the Renter, when your request to book a product or a service is approved by the Owner, you will be charged the Rental Fee (the “Rental Fee” is the daily rate you have agreed to pay to rent the item or service multiplied by the number of days you have booked the item) plus the Rental Commission.
- For the Owner, you will receive the Owner Fee (the “Owner Fee” means the rental fee less the Owner Commission) 24 hours after the scheduled start of the rental.
- You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of Yoodlize.
- Our fees are payable in US dollars.
- Our fees may change. We will notify you of changes to our fee policy by email, to the address registered to your account in addition to posting the change on the Yoodlize platform.
- We may have promotions or new services that will result in temporary fee changes. These changes go in effect when we announce the promotion or new event by posting on Yoodlize. Additionally, we will send an email to your registered email account.
- You agree that when you contact a person through Yoodlize, you shall not complete a transaction through any other means than Yoodlize. Further, you agree not to engage in any other practice that may lower or avoid the amount of Total Commission that would otherwise have been payable had the transaction been completed using Yoodlize ("Fee Avoidance"). In the event you engage in any Fee Avoidance, you shall hold harmless and indemnify Yoodlize in respect of any losses suffered by Yoodlize as a result of such Fee Avoidance. If you attempt to engage in a rental of a product or a service with a person you met through Yoodlize that does not use the Yoodlize platform, you are liable to pay a fine of up to $200 as a penalty for doing so, regardless of whether your attempts are successful or not. Further, we have the right to suspend your account permanently or temporarily.
- Payments made through Yoodlize are processed through the payment processing platforms Stripe and PayPal. Please read their full terms and conditions here: Stripe, PayPal.
- Payment processing for Owners on Yoodlize are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By operating as an Owner on the Yoodlize platform you agree to the Stripe Services Agreement. Stripe Terms may be modified by Stripe. You agree to provide Yoodlize accurate and complete information about you and your business, as a condition of Yoodlize enabling payment processing services through Stripe. You authorize Yoodlize to share your information and transaction information related to your use of the payment processing services provided by Stripe.
7. Canceling Transactions or Listings
- As the Renter, you can cancel a booking request for a product or service without any charge or penalty any time prior to such request being confirmed by the Owner.
- As the Renter, you can cancel a Confirmed Booking at any time pursuant to the Booking Cancellation Policy agreed to on when the product or service was booked, and Yoodlize will refund the amount of the Total Fees due to the Renter in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Owner Fee due to the Owner under the applicable cancellation policy will be remitted to the Owner by Yoodlize pursuant to the Payment Terms.
- Notwithstanding sections 7.1 and 7.2 above as the Renter, if you cancel a Confirmed Booking you shall not receive a refund for the Total Fees charged to you.
- As the Owner, you can cancel a booking request for a product or service without any charge or penalty any time prior to confirming the request.
- As the Owner, you can cancel a Confirmed Booking up to 72 hours before the Rental Period with no penalty.
- Notwithstanding sections 7.4 and 7.5 above if, as the Owner, you cancel a Confirmed Booking within the 72 hours of the start of the Rental Period, you shall be liable to pay a cancellation charge of 30% of the Rental Fees to Yoodlize.
- If the Owner cancels anytime for any reason, the Renter will be refunded the Total Fees.
8. Review and Ratings
- After completing a transaction, Owners and Renters can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings and Reviews are not verified by Yoodlize for accuracy and may be incorrect or misleading. Ratings or Reviews reflect the opinions of individual customers and do not reflect the opinion of Yoodlize.
- Ratings and Reviews by Owners and Renters must be accurate and may not contain any offensive or defamatory language.
- Rating and Reviews will not contain private information, advertising, or spam.
- Renters and Owners are prohibited from manipulating the Ratings and Reviews system in any manner, such as but not limited to, bribery, extortion, intimidation or instructing a third party to write a positive or negative Review about another Yoodlize user.
- Ratings and Reviews are part of a Yoodlize customer’s public profile and may also be surfaced elsewhere on Yoodlize listings or bookings, number of cancellations, average response time and other information.
9. General Liability
- Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for personal injury or death as a result of your negligence.
- As the Renter, when you book a product for rent you agree to have sufficient funds available to you to replace the product if you damage or lose the product.
- As the Renter, you assume all personal liability of the rental. We recommend that you ensure the products are in proper working condition.
- As the Owner, when you list a product or service for rent on Yoodlize, you must give a complete and accurate description of the product or service and details of its condition, including what is included with the product.
- If you, the Renter return a rented product after the “Return Deadline” (as defined in Renter’s Rules), we reserve the right to charge you up to twice the Total fees for each additional day that product is returned past the Return Deadline. We reserve the right to take this money from your account without seeking permission from you.
- If you, the Renter do not return the item within 7 days of the return deadline, or if we reasonably believe you have caused damage to the product you rented, we reserve the right to take money up to the Estimated Value of the product from your account without seeking further permission from you.
- If you refuse to pay for any damage caused, or refuse to pay any amount owed to Yoodlize or a Yoodlize customer within the timeframe given to you by Yoodlize, we reserve the right to use the services of debt collectors to pursue what is owed on your behalf. You agree that the cost of the debt collectors’ services will be added to your debt that they are collecting from you.
10. Yoodlize Guarantee
- WE’VE GOT YOU COVERED. We provide a $2000 guarantee for each item rented. This means that if the renter refuses, or otherwise does not cover any damages incurred or loss of items. Yoodlize will cover the costs up to $2000 of the cost of the item and legally pursue them internally.
- Note: there is no insurance for personal liability, that is the responsibility of the renter.
- Nothing in these Terms shall limit liability of Yoodlize for fraudulent misrepresentation, or for personal injury or death as a result of the negligence of Yoodlize, its agents or employees.
- You have certain legal rights under the law. You have legal options if we breach these Terms. These Terms are not intended to affect the legal rights to which you are entitled. For more information, contact a legal professional.
- Yoodlize acts as an intermediary to facilitate two parties to enter into a transaction through the Yoodlize service. Yoodlize accepts no liability for the actions of either party (the Owner or Lender) nor any third party related to any such transaction.
- Yoodlize is not responsible for any losses incurred by you that are not a result of our breach of Terms. This includes indirect losses which are a side effect of a main loss and are not reasonably foreseen when entering into this agreement (i.e. loss of opportunity).
- Yoodlize is not responsible for Your Content to the extent that it is unlawful, abusive, obscene, threatening or indecent or otherwise infringes upon or violates the right of any other persons, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.
- We are not responsible to provide the Yoodlize service or to meet our obligations under these Terms where such failure is due to “Events Out of Our Control” (meaning any event we cannot control including, but not limited to fire, flood, storm, riot, civil disturbance, war, terrorist activity, or any disaster).
11. Personal Information and Privacy
- You agree to receive marketing communication from Yoodlize via email unless you opt out of such communications.
- You agree that Yoodlize can use your personal information that you provide us, to verify your identity or perform anti-money laundering checks.
12. Third-Party Rights
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that Act.
- You release Yoodlize from any and all claims, damages, and demands of every kind and nature arising out of or in any way connected with disputes that you may have with another Yoodlize customer.
- Yoodlize will use reasonable efforts to resolve disputes between Owners and Renters. We may choose to deduct monies up to the Estimated Value of the disputed product from the account of the Renter following any loss or damage of rented product.
- If a dispute arises between you and Yoodlize that we cannot resolve to your satisfaction, it is your legal right to take court proceeding against us.
- If you breach the Terms of Service and Yoodlize takes no action against you, we reserve the right to take action at a later date.
- We reserve the right to transfer our rights under the Terms to any third party without having your consent (including any related claims).
- Your rights to use the Yoodlize platform is subject to any applicable law.
- No joint venture, partnership, employment, or agency relationship exists between you and Yoodlize as a result of these Terms or your use of the Yoodlize Platform.
15. Renter Rules
Before becoming a Renter on Yoodlize please read these rules (“Renter Rules”) before using the Yoodlize platform. By using Yoodlize you agree to the Renter Rules in addition to the Terms of Service. Yoodlize is a platform to connect Renters, who are looking for a product to rent or a service to use, to Owners who are willing to offer these products or services. Yoodlize is an intermediary for the transaction of a Renter renting a product or service from an Owner. You acknowledge that you are not renting from Yoodlize and we are not responsible for the acts of omissions of either the Owner or the Renter in relation to the transaction. We do not guarantee or endorse any items or services booked through Yoodlize or any content posted by the Owners
- All communication between Renters and Owners should only be done through the Yoodlize platform.
- As a Renter, you agree to use the communication tool of the Yoodlize platform between yourself and any other User strictly for the purpose of communication regarding an item or service of interest. Failure to do so may result in suspension or removal of your Yoodlize account.
- Contact Yoodlize at [email protected] for any further questions.
- Renting an Item
- Renters may submit a request and appropriate communication containing questions, comments, or requests through Yoodlize. A submission for a request is not a guarantee that the item or service will be available.
- Renters are granted a limited license to borrow and/or use the item or service agreed upon by you and the Owner. This extends through the duration of the agreed rental period.
- You agree to use the item or service for its intended purpose only. If necessary, educate yourself on proper care and handling of said item or service.
- See additional liability outlined in sections 10 and 11.
- Renters assume full responsibility of the item and waive and release Yoodlize from any claims, liability, or damages arising from their rental experience.
- Leaving a review
4.1. You agree to leave reviews that provide accurate representation of the item or service. Misinformation, misrepresentation, or defamatory language may be cause for removal from the Yoodlize platform and could potentially lead to legal action.
16. Owner rules
Before becoming an Owner on Yoodlize please read these rules (“Owner Rules”) before using the Yoodlize platform. By using Yoodlize you agree to the Owner Rules in addition to the Terms of Service. Yoodlize is a platform to connect Renters, who are looking for a product to rent or a service to use, to Owners who are willing to offer these products or services. Yoodlize is an intermediary for the transaction of a Renter renting a product or service from an Owner. You acknowledge that you are lending to a Renter and not to Yoodlize and we are not responsible for the acts of omissions of either the Owner or the Renter in relation to the transaction. While we strive to provide a secure transaction and experience, we do not guarantee or endorse any Renters or other Users.
- All communication between Renters and Owners should only be done through the Yoodlize platform.
- As an Owner, you agree to use the communication tool of the Yoodlize platform only between yourself and any other User strictly for the purpose of communication regarding an item or service of interest. Failure to do so may result in suspension or removal of your Yoodlize account.
- You agree not to contact other Owners through the Yoodlize communication tool with the intent to solicit your own products and/or goods.
- Renting Out an Item
- All requests have 48 hours to be completed by the owner before the request is marked as expired.
- As an owner you agree to not list any items prohibited by our terms.
- Prohibited items
- Illegal items or items promoting illegal activity
- Copyright, Trademark, or Intellectual Property violations of others.
- Pornography and mature content, or items featuring pornography or mature content, or items used for mature purposes.
- Broken, damaged, unsafe, or unclean items.
- Yoodlize reserves the right to update the list of prohibited iems at any time for any reason.
- Yoodlize reserves the right to remove items from the website that are prohibted at any time. Yoodlize also reserves the right to remove items from the site at any time or any or no reason, whether or not they are listed in the list of prohibited items.
- You are granting a limited license to borrow and/or use the item or service agreed upon by you and the Renter. This extends through the duration of the agreed rental period.
- By engaging in this transaction, you confirm that you have all necessary licenses and rights of ownership to do so.
- You may require a deposit before lending out your item. The deposit cannot exceed the fair market value of your item.
- You acknowledge that there is risk in renting your items or services to others. While Yoodlize does its best to ensure a seamless and safe process, the transaction being entered into is between you (the Owner) and the Renter. You recognize that Yoodlize is not a party in this transaction and release Yoodlize from all liability and, claims, or damages that result from such interactions.
- Leaving a review
- You agree to leave reviews that provide accurate representation of your experience with the Renter. Misinformation, misrepresentation, or defamatory language may be cause for removal from the Yoodlize platform and could potentially lead to legal action.
- See section 10.1 for guaranteed coverage on applicable items.
- Yoodlize will not make any payment for damages resulting from:
- Normal wear and tear, occurring from normal and proper use of the item, while functionality remains intact.
- Damage caused by previous incidents of damage (meaning those that occurred before the rental period).
- Inherent defects, including but not limited to: defects resulting from humidity, oxidation, corrosion, extreme heat, or other natural causes.
- Damage resulting from previous alteration including damage as a result of faulty work or defective parts.
- Damage that cannot be proven to have occurred during the rental period.
- Other damages as laid out in section 10.
- Before contacting Yoodlize, the Owner must:
- Reasonably attempt to fulfill any other warranty that exists on the item.
- Contact their insurance provider (For those items that the Owner has insured under another entity) and file an insurance claim with said provider.
- Yoodlize will review each case to determine eligibility for the guarantee. The following requirements must be met for Yoodlize to review.
- Provide an itemized list of the items missing and/or damaged.
- The Owner must submit a request for the warranty within 24 hours after receiving the item.
- The Owner must provide reasonable evidence that the item has been damaged during the rental period. i.e. pictures and/or videos of the item working and/or in good condition and pictures and/or videos of the damage to the item 24 hours after the item has been returned.
- The Owner must provide proof of purchase and the estimated value of the item. The estimated value must be reasonably close to the actual value, as shown in proof of purchase, and does not guarantee the valuation by Yoodlize.
- Assist Yoodlize however possible, so we can ensure the best solution.
- When it is necessary, report theft to the police, then obtain the crime reference number from them.
17. No Warranty
- Use of the Yoodlize service is “as is” and does not offer a warranty for any item or service provided by Yoodlize, whether explicitly stated or implied, to the maximum extent of the law.
- Use of the site and the app are at the User’s risk, and the User assumes sole responsibility for any damage or loss of data resulting from the use of any Yoodlize services.
- In the event that a third-party link is provided or service used through the Yoodlize service, Yoodlize does not endorse or monitor such interactions. The User assumes full responsibility for third party interactions.
- Federal law, some states, and other jurisdictions may not allow limitation of certain implied warranties. The User may be exempt, so the disclaimers and agreements in this document will not apply to the extent prohibited by applicable law.