Terms and Conditions of Use
These terms and conditions apply to the use of services provided by Tool Mule
Limited, a company incorporated in Scotland under number SC659857 and having its
office at Comac House, 2 Coddington Crescent, Holytown, Motherwell ML1 4YF ("we",
"us" or "our"), through the website accessed through the domain name
Someone who uses the services available through the Website (the "Services")
referred to as a "User", "you" or "your" and will be using the
Services as a Hirer,
as a Lender or both.
A Hirer is a User who has registered with a hiring account on the Website. A Lender
is a User who has registered with a lending account on the Website. A lending
account also allows a Lender to act as a Hirer.
The purpose of the Website is to act as a means of allowing Lenders to advertise the
tools and plant (the "Equipment") they own to those seeking them and to
means of listing the Equipment and allowing others to hire the Equipment. We also
host the user experience part of the platform (see section 9 below) so that comments
about experiences of Hirer and Lenders can be shared.
The Website provides a platform for Hirer to browse a list of the Equipment contact
the relevant Lender, pay the Lender's fee and then for the relevant Users to
continue to interact through the platform until the hire transaction completes.
We have no further role or responsibilities and in particular it is drawn to the
attention of Users that:
while we shall use all reasonable endeavours to keep the Website available
at all times, access is subject to internet availability and we may also
require to carry out maintenance or upgrades to the Website;
the content of a User's Profile, while following the template created by us,
is uploaded entirely by the User who has sole responsibility for its
while we facilitate the process, we are not party to any contract between a
Lender and a Hirer and are not responsible in any way for the Equipment or
quality of the Equipment provided by a Lender or for any other services
provided by a Lender;
we do not verify the identity of any User and it is the responsibility of
the Users to check identification of other Users at the point of exchanging
the Tools or otherwise when dealing with each other;
w we do not verify the description or quality of Equipment nor give any
warranty or representation that they are fit for any particular purpose, and
are not responsible in any way for performance by either party of their
obligations under the hire contract.
User Profile and Accounts
Users are responsible for all information they post or upload to the Website, for
the content of their account, their Equipment listings and for their own security in
connection with our services, both online and offline.
When registering to use the Website Users will be required to create an account
("Account"). By uploading such information to create their Account, Users
our using it to provide services through the Website. All Accounts will require the
User's full name, address, username, email and/or mobile. To register with a Lender
account Lenders will also have to enter their billing details and set up a Stripe
account. Any such account will be subject to the terms and conditions applied by
Stripe from time to time and we do not have any responsibility for these.
Users must exercise their own judgement regarding the accuracy of information
provided on the Website. We cannot guarantee that all of the content on the Website
is complete, accurate or up-to-date. We do however expect Hirers to ensure that
information about Equipment and its availability is up to date. If we think that is
not occurring we reserve the right to suspend or cancel their Account.
Users are responsible for all use made of their Account. When registering to use the
Website, Users will be required to set up a password for their Account. Users are
responsible for all transactions or use made of their Account through their
password. You should contact us immediately if you believe unauthorised use has been
made of your account.
If, in our opinion (which need not be reasonable), any User fails to comply with
these terms and conditions or makes inappropriate use of the Website, we may
immediately suspend or terminate their account and/or access to the Website.
Hiring and Listing Equipment
Any person accessing the Website can view the Equipment list, however to hire any
Equipment an Account must be created. You must register as a Lender to be able to
list Equipment and in particular must specify whether as a lender you will require
to charge VAT on the hire. If you do not specify this all charges will be deemed to
be VAT inclusive. When a Lender wants to list Equipment (the "Listing") they
this through their Account along with the available dates and times for the
Equipment to be delivered and/or picked up. When completing the Listing the Hirer
may specify options and different prices for the duration of the hire, pick up or
drop off, supply of consumables etc. The Lender then has the option to save the
Listing as a draft or to publish the Listing for public view on the Website. We will
add our own charges (which will be retained by us at the point of payment) and the
Hirer will then see a price which is inclusive of our charges. Our charges may vary
and we do not require to charge the same for each hire or to each Lender.
When a Hirer wants to hire any Equipment, they will browse the Listings. The search
will disclose a selection of Equipment that meet the search criteria. Once they have
selected any Equipment they will request to book the required Equipment for a
certain period of time and their desired pick up/delivery date and time by
completing a "Request to book form" (the "Request").
The Hirer will be sent to the pending booking page and later notified whether the
Lender has accepted or rejected the Request. If the Hirer has a star rating above
the standard required by the Lender, the Request may automatically be accepted. The
Request shall be accepted (the "Booking"), within 24 hours or the Request
shall be cancelled..
If the Request is rejected, the Hirer shall be notified and no payment shall be
taken. If the Request is accepted, the Lender shall complete an "Item Verification"
page containing photos and information on the current condition of the item (the
"Item Verification"). the Hirer shall be notified of the acceptance and shall enter
their billing details as requested. Once payment is received as detailed at
condition 6 the Lender and the Hirer shall be notified and the Hirer can collect the
Equipment or it will be delivered at the date and time agreed. A mobile link of the
Item Verification shall also be sent to the Hirer. The Hirer can then collect or
take delivery of the Equipment from the Lender as agreed between the parties. It is
the responsibility of the Hirer to ensure the Tools match the description in the
Item Verification prior to uplifting the Equipment We shall assume no responsibility
for the Hirer's failure to do this. The Hirer shall then accept or reject the Tools
at the point of the exchange (the "Exchange").
When payment is made, the Hirer enters directly into a contract with the Lender in
relation to the hire of the Tools and we accept no liability in relation to the
Lender's provision of the Tools.
Once a Booking has been made, if the Hirer wishes to cancel it less than 30 minutes
before the time of Exchange it can only be cancelled with the agreement of the
Lender otherwise 50% of the Fee will be taken. A cancellation must be notified
through the booking system. If at the point of Exchange the Hirer believes the
Equipment does not meet the standard as describer in the Listing, the Hirer shall
reject the Equipment and notify us of the reasons for the rejection. If we agree
that the Equipment does not meet the standard described, we shall authorise a full
refund to the Hirer (as explained at condition 6.2). In all other circumstances the
Hirer shall be charged the full Fee. However if the Hirer is not hiring the
Equipment in the course of a business and is an individual, they may cancel the
Booking at any time within 14 days of making the booking without any cancellation
Lenders must use their own judgement about whether they wish to accept any Request
made through the Website. Each party is responsible for ensuring their safety at the
point of Exchange.
By accepting a Request, Lenders are agreeing to provide the Equipment to the Hirer
at the time and location agreed between the Lender and the Hirer.
The fee ("Fee") payable by a Hirer for the Equipment will be displayed on the
Listing and the Hirer shall pay the Fee at the point they are notified of the
acceptance of the Request. The Hirer will also be required to pay a deposit if
required by the Lender for the Equipment (the "Deposit") which we shall
retain and process in accordance with condition 8 below.
Unless the Hirer notifies us through the relevant button on the Website within
12 hours after the time of the Exchange advising that the Lender did not allow
pickup or make delivery (which we reserve the right to verify with the Lender) or
that the Hirer did not accept the Equipment as they did not meet the Item
Verification standard and so the hire did not proceed, invoices will be issued to
the Lender and the Hirer and no refund will be made. If we receive notification that
the Hirer cancelled within 30 minutes of the Exchange time we shall retain 20% of
the Fee and split the remainder of the Fee equally between the Hirer and the Lender.
If we receive proper notification from the Hirer that that the Lender did not show
or that the Equipment did not meet the Item Verification standard, payment of the
Fee will not be processed, however the Lender shall be liable to pay us 20% of the
Fee. If the Lender does not pay this, we have the right to retain the owed sums from
any future Bookings on the website that the Lender makes and/or deduct such amount
from the Hirer's Account through the Website's debit functionality.
However, if we subsequently become aware that the Lender did show, the Equipment
were hired or that, in our opinion (which does not have to be reasonable) the
Equipment did meet the Item Verification standard, we are hereby authorised to
charge the Hirer the Fee and to charge it to the credit card registered to the
Hirer's Account or otherwise seek payment.
Payment processing services on the Website are provided by Stripe Payments Europe,
Ltd trading as Stripe and are subject to the Stripe Connected Account Agreement,
which includes the Stripe Services Agreement – United Kingdom (together, the "Stripe
Terms"). By agreeing to these terms and conditions or continuing to register
Hirer on the Website, Hirer agree to be bound by the Stripe Terms, as the same may
be modified or amended by Stripe from time to time; and Hirer agree to provide us
with accurate and complete information about themselves and authorise us to share
with Stripe such information and transaction information related to the Hirer's use
of the payment processing services provided by Stripe as we consider appropriate.
Lenders agree by registering with the Website that as a fee for our hosting their
Account on the Website we are entitled to the amount by which the price charged to
the Hirer for each Booking arranged through the Website exceeds the amount which the
Lender enters on the Listing as the price it wishes to charge. The price viewed by
the Hirer on the Listing will therefore include our fee net or gross of VAT as
appropriate as our fees to the Lender may be subject to VAT. As part of their
Account, the Lender will provide us with bank account details and we are entitled to
rely on this information being accurate.
Only after notification that the Tools have been accepted and returned in the same
condition they were hired in (as explained at condition 8), shall we transfer to
such bank account an amount equal to the Fee and the Deposit (if applicable) we have
processed relating to the Equipment less the fees to which we are entitled.
A "Failed Payment" means an outstanding Fee for which Stripe, as instructed by us,
has been unable to make a successful charge against the payment details provided by
In the case of a Failed Payment still being outstanding 24 hours after the Booking,
the Hirer authorises us automatically to instruct Stripe to retry the charge.
Hirer can also give us consent by phone, email, SMS or support messages to instruct
Stripe to retry payments for any outstanding Failed Payment.
In the case of a Failed Payment still being outstanding 48 hours after the Booking,
we may at our discretion suspend and/or terminate the Hirer's account.
The Hirer shall return the Equipment to, or make them available for collection by,
the Lender in the time period stated in the Request, at a suitable time agreed
between the Hirer and the Lender (the "Return").
Once the Lender has notified us the item has been returned/collected an email shall
be sent to the Lender and the Hirer with a link to the return page. The Hirer and
the Lender shall each complete the return page. The Lender may provide photos of the
return condition of the Tools and comment as to whether any damage was incurred if
If the Lender's return states there is no damage, or the Lender does not submit the
completed return page advising of any damage page within 12 hours, the full Deposit
shall be returned to the Hirer.
If the Lender believes there has been damage to the Equipment, the Lender must
notify the Hirer of the damage and the cost of the damage within 12 hours of the
return page being issued. The Lender and the Hirer shall both use their best
endeavours in good faith to agree an amount to be withheld in the Deposit by the
Lender as a result of the damage. If they agree an amount to be withheld, the Lender
and the Hirer shall notify us of how the Deposit shall be split and we will return
the relevant funds to the Hirer and the Lender.
If the Lender and the Hirer cannot agree the split of the Deposit within 4 weeks
then we shall have full and complete discretion in deciding the cost of the damage
and the split of the Deposit and our decision shall be final and binding on all
Any amounts of the Deposit owed to the Lender shall be paid to the Lender at the
same time as the Fee.
Postings and Messaging
Users may post or upload content including their Listings to the relevant sections
of the Website and/or ratings of services provided by Lenders and Hirers [and send
messages through the messaging system on the Website.]
No posting or other content uploaded or sent in a message may be defamatory, racial,
sexist or in any other way discriminatory, nor may it contain any non-factual
statement or be inciteful. It may also not infringe the intellectual property or
privacy rights of any person.
If you consider any content to breach these terms and conditions please alert us at
firstname.lastname@example.org If we become aware of any content which we consider at our
discretion to breach these terms or otherwise to be inappropriate, we may remove
such posting without notice.
By posting any item on the Website, you grant us a perpetual, non-exclusive,
royalty-free licence to use such content in any way.
The messaging service is intended to provide a secure system to allow Lenders and
Hirers to communicate with each other without disclosing personal contact details.
It should be used only to confirm arrangements for any Exchange.
Disclaimers and Limitation of Liability
Nothing in these terms and conditions in any way limits or excludes our liability
for negligence causing death or personal injury or for anything which is not
permitted by law to be excluded or limited.
We shall not be liable for any loss or damage where:
there is no breach of a legal duty of care owed to you;
such loss or damage was not reasonably foreseeable by us;
such loss or damage is caused by you or arises from your failing to comply
with these terms and conditions; or
such loss or damage is not a direct loss – we have no liability for indirect
or consequential loss.
To the extent allowed by law, all terms, whether imposed by statute or by law or
otherwise, that are not expressly stated in these terms and conditions are excluded.
Our liability of any kind (including our own negligence) in respect of any one event
or series of related events is limited to the Fee.
Changes to these terms and conditions
We may change these terms and conditions by posting the revised version on the
Website at least 14 days before they become effective. Please check the Website from
time to time. You will be bound by the revised terms and conditions if you continue
to use the Website or the services following the effective date shown.
Governing Law & Jurisdiction
These terms and conditions and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with them or their subject
matter shall be governed by and construed in accordance with Scottish law and the
courts of Scotland shall have non-exclusive jurisdiction to settle any such dispute
If any clause or any part of these terms and conditions is found to be unenforceable
in law, the other terms and conditions will remain in force.