terms of service
Second Outing is a peer-to-peer rental platform for the menswear market. Our service allows users to list their designer clothes, shoe and accessories to other users for rental.
Acting as an intermediary between lenders/sellers and Lendees/buyers, Second Outing is a rental service only, and does not own any items unless specified otherwise; therefore we are not responsible for damages or loss of items. Please treat items with care and follow advice from Second Outing for the best transaction experience. We advise users to solve arising conflicts directly with the lending/borrowing party. In the event of a dispute that cannot be managed between users, Second Outing will step in to make the final decision on such matters.
Terms of Service Second Outing
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
TERMS OF SERVICE
If you are using the Site or Services and you reside in the UK, you are contracting with Second Outing (12407698). Second Outing LTD is hereinafter referred to as “Second Outing”, “we”, “us”, or “our”.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM AND MOBILE APP THROUGH WHICH LENDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FASHION ITEMS AND LENDEES (DEFINED BELOW) MAY LEARN ABOUT AND RENT DIRECTLY FROM THE LENDERS. YOU UNDERSTAND AND AGREE THAT Second Outing IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LENDERS AND LENDEES, NOR IS Second Outing A FASHION BROKER, AGENT OR INSURER. Second Outing HAS NO CONTROL OVER THE CONDUCT OF LENDERS, LENDEES AND OTHER USERS OF THE SITE AND SERVICES OR ANY FASHION ITEMS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
All customers will be obliged to pay any late fees occurred by sending or returning a listing late. This will apply to both the Lender and Lendee. Second Outing relies on both Lenders and Lendees sending and returning items in a timely manner. Lenders will be compensated by the Lendee if items are returned late. If items are returned late an additional 3 day rental period will be charged for each 2 day period the item is not returned. Lendees agree to this policy every time they request a booking. Late fees will be capped at 8 weeks unless otherwise determined by Second Outing in their sole discretion should the item not be returned within a month from the end of the rental.
Second Outing also reserves the right to charge the card details on file in your Second Outing, or otherwise collect payment from you and pursue any avenues available to Second Outing in this regard, in situations in which you have been determined, in Second Outing’s sole discretion, to have returned items late. If we are unable to charge the card details on file or otherwise collect payment from you, you agree to remit payment for the additional hire period to the applicable Lender or to Second Outing (if applicable). Unpaid invoices will be collected through court.
“Second Outing Content” means all Content that Second Outing makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Rental Request Period” means the time period starting from the time when a rental is requested by a Lendee (as determined by Second Outing in its sole discretion), within which a Lender may decide whether to confirm or reject that rental request, as stated on the Site or Services.
“Collective Content” means Member Content and Second Outing Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
‘’Fee Avoidance’’ any action done by a Member in order not to pay any of the Fees contained within.
“Lendee” means a Member who requests from a Lender a rental of a fashion item via the Site or Services.
“Lender” means a Member who creates a Listing via the Site.
“Listing” means a fashion item that is listed by a Lender as available for rental or sale via the Site or Services.
“Member” means a person who completes Second Outing’s account registration process, including but not limited to Lenders and Lendees, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
Second Outing reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If this is carried out, we will update you via email and the website. If you do not agree to the new updates, you will need to contact us in order to cease your registration with Second Outing.
You must become a member in order to use Second Outing (“Second Outing Account”)
You represent that you are entitled to disclose your Third-Party Account login information to Second Outing and/or grant Second Outing access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Second Outing to pay any fees or making Second Outing subject to any usage limitations imposed by such third-party service providers. By granting Second Outing access to any Third-Party Accounts, you understand that Second Outing will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via you’re Second Outing Account and Second Outing Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Second Outing Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Second Outing’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Second Outing Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site. PLEASE NOTE WE WILL ONLY HAVE A THIRD PARTY RELATIONSHIP WITH THIRD PARTY ACCOUNTS. THE MAIN RELATIONSHIP WILL BE BETWEEN THE THIRD PARTY USE AND THE MEMBER.
We will create your Second Outing Account and your Second Outing Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Second Outing Account. 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. Second Outing reserves the right to suspend or terminate your Second Outing Account and your access to the Site and Services if you create more than one (1) Second Outing Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Second Outing Account, whether or not you have authorized such activities or actions. You will immediately notify Second Outing of any unauthorized use of your Second Outing Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, your location, designer, size, colour, recommended retail price, any existing defects, description and availability of the Item and rental pricing and related rules and financial terms. With regards to the financial terms, you will need to add on costs for dry cleaning as this liability will fall on you as a Lender.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the rental of an Item in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, and (b) not conflict with the rights of third parties. Please note that Second Outing assumes no responsibility for a Lender’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Second Outing reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Second Outing, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
You agree that Second Outing reserve the right to terminate your Account if Second Outing find that you are listing inauthentic/replica items on the Site.
If you are a Lender, you understand and agree that Second Outing does not act as an insurer or as your contracting agent. If a Lendee requests a rental of your Item and rents your Item, any agreement you enter into with such Lendee is between you and the Lendee and Second Outing is not a party thereto. Notwithstanding the foregoing, Second Outing serves as the limited agent of the Lender for the purpose of accepting, on behalf of the Lender, payments from Lendees of such amounts stipulated by the Lender.
You will note on the website that there is a review system which will show you the credibility of a Lendee before deciding whether to proceed with them for the rental.
We recommend that you obtain insurance for any items which you wish to wish to lend. Companies such as Barclays offer such insurances for personal possessions. Second Outing will not be obtaining any insurance for your items. If we do, we shall inform you as a lender. A premium may be payable in order to be included in such insurance.
Second Outing may at their own discretion have Members’ Items verified by a representative of Second Outing and this verification will be made available to you to include in your Listing with a watermark or tag bearing the words “Second Outing Verified” or similar wording (“Verified Images”).
This is left at the discretion of the Lender whom they choose in order to delivery items. Second Outing will recommend certain delivery services. The lender should factor in these costs when considering the rental price for the items.
Rentals and Financial Terms
“Rental Fees” means the amounts that are due and payable by a Lendee in exchange for that Lendee’s use of an Item. This amount is left to the Lenders discretion.
“Lendee Fees” means the fee that Second Outing charges a Lendee for the use of its online platform, which is calculated as 10% of the applicable Rental Fees. The Lendee Fees will be displayed to the Lendee when the Lendee is asked whether to send a rental request to a Lender.
“Delivery Fees” means the fee the Lendee and/or Lender pays for use of the Delivery Services.
“Lender Fees” means the fee that Second Outing charges a Lender for the use of its online platform, which is calculated as 15% of the applicable Rental Fees.
“Total Fees” means collectively the Rental Fees and Lendee Fees
‘’Transaction’’ means when the Lender has the item returned by the
Rentals and Financial Terms for Lender
If you are a Lender and a rental is requested for your Item via the Site, Application and Services, you will be required to either confirm or reject the rental request within the Rental Request Period, otherwise the rental request may be automatically cancelled.
Second Outing will collect the Total Fees at the time of rental confirmation (i.e. when the Lender confirms the rental request) and will initiate payment of the Rental Fees to the Lender within 48 hours from completion of the transaction.
If you owe or agree to pay any amount to Second Outing (whether as a result of your Second Outing or actions as a Lendee or otherwise), then Second Outing may (but is not obliged to) withhold the amount owing to Second Outing from any pay out amounts due to you as a Lender, and use the withheld amount to set-off the amount owed by you to Second Outing. If Second Outing does so, then your obligation to pay Second Outing will be extinguished to the extent of the amount withheld by Second Outing, and Second Outing will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of Second Outing as Limited Payment Collection Agent for Lender
Each Lender hereby appoints Second Outing as the Lender’s limited payment collection agent solely for the purpose of accepting the Rental Fees from Lendees.
Each Lender agrees that payment made by a Lendee through Second Outing shall be considered the same as a payment made directly to the Lender, and the Lender will make the Item available to the Lendee in the agreed-upon manner as if the Lender has received the Rental Fees. Each Lender agrees that Second Outing may, in accordance with the cancellation policy selected by the Lender and reflected in the relevant Listing, (i) permit the Lendee to cancel the rental and (ii) refund to the Lendee that portion of the Rental Fees specified in the applicable cancellation policy. Each Lender understands that as Second Outing accepts payments from Lendees as the Lender’s limited payment collection agent, Second Outing’s obligation to pay the Lender is subject to and conditional upon Second Outing successfully receiving the payments from Lendees. Second Outing does not guarantee payments to Lenders for amounts that have not been successfully received from Lendees. In accepting appointment as the limited authorised agent of the Lender, Second Outing assumes no liability for any acts or omissions of the Lender.
Please note that Second Outing does not currently charge fees for the creation of Listings. However, you as a Lender acknowledge and agree that Second Outing reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Second Outing will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Rental and Financial Terms for Lendees
The Lenders, not Second Outing, are solely responsible for honouring any confirmed rentals and making available any Items reserved through the Site, Application and Services. If you, as a Lendee, choose to enter into a transaction with a Lender for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Lender. You acknowledge and agree that you, and not Second Outing, will be responsible for performing the obligations of any such agreements, that Second Outing is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Second Outing disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Second Outing is not a party to the agreement between you and the Lender, Second Outing acts as the Lender’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Lender. Upon your payment of the Total Fees to Second Outing, your payment obligation to the Lender for the Item Fees is extinguished, and Second Outing is responsible for remitting the Item Fees (less Second Outing’s Lender Fees and relevant Delivery Fee), in the manner described in these Terms. In the event that Second Outing does not remit any such amounts as described in these Terms, such Lender will have recourse only against Second Outing.
The Total Fees payable will be displayed to a Lendee before the Lendee sends a rental request to a Lender. As noted above, the Lender is required to either confirm or reject the rental request within the Rental Request Period, otherwise the requested rental will be automatically cancelled. If a requested rental is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by Second Outing will be refunded to such Lendee, depending on the selections the Lendee makes via the Site and Application, and any pre-authorisation of such Lendee’s credit card will be released, if applicable.
You as a Lendee agree to pay Second Outing for the Total Fees for any rental requested in connection with your Second Outing Account if such requested rentals are confirmed by the applicable Lender. In order to establish a rental pending the applicable Lender’s confirmation of your requested rental, you understand and agree that Second Outing, on behalf of the Lender, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit/debit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound (£1.00). Once Second Outing receives confirmation of your rental from the applicable Lender, Second Outing will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Second Outing cannot control any fees that may be charged to a Lendee by his or her bank related to Second Outing’s collection of the Total Fees, and Second Outing disclaims all liability in this regard.
In connection with your requested rental, you will be asked to provide customary billing information such as name, billing address and credit card information either to Second Outing or its third-party payment processor. This will be processed by Paypal and or Shieldpay.
You agree in absolute that you will not engage in Fee Avoidance.
General Rental and Financial Terms
Cancellations and Refunds
If, as a Lendee, you cancel your requested rental before the requested rental is confirmed by a Lender, you will not be charged for the rental. In order to receive a full rental you must cancel the reservation 48 hours or more to the arrival date.
If a Lender cancels a confirmed rental made via the Site, (i) Second Outing will refund the Total Fees for such rental to the applicable Lendee within a commercially reasonable time of the cancellation and (ii) the Lendee may receive an email or other communication from Second Outing containing alternative Listings and other related information. If the Lendee requests a rental from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Lendee’s requested rental, then the Lendee agrees to pay Second Outing the Total Fees relating to the confirmed rental for the Item in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed rental and you, as a Lendee, have not received an email or other communication from Second Outing, please contact Second Outing as shown on the contact us page of the website.
If, as a Lender, you cancel a confirmed rental without agreeing with the Lendee, Second Outing may apply penalties or consequences to your account or Listing. This may include (i) publishing a review on your page to record that you cancelled on a Lendee or (ii) charge a cancellation fee in the sum of £10
In certain circumstances, Second Outing may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed rental made via the Site and Services. Second Outing may also determine, in its sole discretion, to refund to the Lendee part or all of the amounts charged to the Lendee. You agree that Second Outing and the relevant Lendee or Lender will not have any liability for such cancellations or refunds.
Items on Second Outing platform should be consistent with the description provided by the Lender. If a Lendee who books and pays for an Item and then experiences a ‘Renting Issue’, the Lendee may be eligible for a refund.
Second Outing may (at our discretion) provide the Lendee with either a full or partial refund excluding any shipping costs, administration fees and processing fees.
A valid ‘Renting Issue’ generally falls into four categories:
The Lender cancels a reservation 24 hours or less before the scheduled arrival of the Item, or fails to provide the Lendee with the Item.
The description of the Item in the Listing on Second Outing is materially different from the actual Item. Second Outing reminds Lendees that Items are potentially pre-worn and are not rented on an as-new basis. Some minor wear and tear may not be listed in the description but cannot be used as a basis to provide a refund under this policy.
The item does not fit the Lendee.
At the start of the Lendee’s reservation, the item is not clean and severely damaged.
To submit a valid claim for a refund, a Lendee is required (a) to bring the Renting Issue to our attention within 2 hours after receipt of the item (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Renting Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Renting Issue with the Lender prior to making a claim for a Renting Issue.
Damage to Items and Failure to Return Items
As a Lendee, you are responsible for returning the Item in the condition it was in when you received it. The Sites will provide a function where you are able to provide a picture of the item when you are returning this so that there is physical evidence of the condition which can be used in any disputes. (AND WHEN LENDER SENDS OUT THEY SHOULD HAVE MOST UP TO DATE PICTURE) You acknowledge and agree that, as a Lendee, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to access the Item. In the event that a Lender claims otherwise and may provide evidence of damage or non-return, including but not limited to photographs, you agree to pay the Lender the relevant repair costs to bring the item back to a satisfactory standard. If the item is beyond repair, you will pay the Recommended Retail Price as contained in the relevant Listing. After being notified of the claim and given forty eight (48) hours to respond, Second Outing reserve the right to collect payment from you and pursue any avenues available to Second Outing in this regard, in situations in which you have been determined, in Second Outing’s sole discretion, to have damaged any Item, or failed to return any Item, including, but not limited to, in relation to any payments made by Second Outing to Lenders. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Lender or to Second Outing (if applicable). As a Lender you agree to advise Second Outing and your Lendee of any claimed damage within 24 hours of receipt of the return including photographs.
Both Lendees and Lenders agree to cooperate with and assist Second Outing in good faith, and to provide Second Outing with such information and take such actions as may be reasonably requested by Second Outing, in connection with any complaints or claims made by Members relating to Items or with respect to any investigation undertaken by Second Outing or a representative of Second Outing regarding use or abuse of the Site or the Services.
You understand and agree that 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, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
use manual or automated software, devices, scripts, robots 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;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
use offensive, abusive or discriminatory language towards other users of staff of Second Outing on email, phone, in person, on social media or generally. Second Outing reserves the right to cease assistance if this term is not adhered to;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services 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;
use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to rental of your Items;
“stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Second Outing Lendee or Lender;
offer, as a Lender, any Item that you do not yourself own or have permission to rent;
register for more than one Second Outing Account or register for an Second Outing Account on behalf of an individual other than yourself;
unless Second Outing explicitly permits otherwise, request or rent any Item if you will not actually be using the Item yourself;
contact a Lender for any purpose other than asking a question related to a rental, such Lender’s Items or Listings;
contact a Lendee for any purpose other than asking a question related to a rental or such Lendee’s use of the Site and Services;
recruit or otherwise solicit any Lender or other Member to join third-party services or websites that are competitive to Second Outing, without Second Outing’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
use the Site, Services or Collective Content to find a Lender or Lendee and then complete a rental of an Item independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Second Outing’s provision of the Services or for any other reasons;
as a Lender, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
post, upload, publish, submit or transmit any 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;
systematically retrieve data or other content from our Site or Services 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;
use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Second Outing’s name, any Second Outing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Second Outing’s express written consent;
access, tamper with, or use non-public areas of the Site or Services, Second Outing’s computer systems, or the technical delivery systems of Second Outing’s providers;
attempt to probe, scan, or test the vulnerability of any Second Outing system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Second Outing or any of Second Outing’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
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, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Second Outing has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Second Outing may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Second Outing or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Second Outing, its users, or members of the public . You acknowledge that Second Outing has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Second Outing reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Second Outing, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. You, as a Member, agree in absolute that you will not engage in Fee Avoidance.
Suspension, Termination and Second Outing Account Cancellation
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 Second Outing 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: (a) your Second Outing Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Second Outing Account, your Member Content, or receive assistance from Second Outing Customer Service, (b) any pending or accepted future rentals as either Lender or Lendee will be immediately terminated, (c) we may communicate to your Lendees or Lenders that a potential or confirmed rental has been cancelled, (d) we may refund your Lendees in full for any and all confirmed transactions, irrespective of pre-existing cancellation policies, (e) we may contact your Lendees to inform them about potential alternate Items with other Lenders that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for any rentals (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Second Outing Account. You may cancel your Second Outing Account at any time via the “Cancel Account” feature of the Services or by sending an email. Please note that if your Second Outing Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Any member deemed to act in such a way for fee avoidance will be subject to a penalty of £200.00 and will be removed from the site. If payment is not by the Member, then Second Outing reserve the right to take against this in Court.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Second Outing DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, LENDEES AND LENDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Second Outing 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. Second Outing MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEMS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Second Outing MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Second Outing OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES 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, ANY LENDERS OR LENDEES. YOU UNDERSTAND THAT Second Outing DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VERIFY ITEMS. Second Outing MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES 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, LENDEES AND LENDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY OR THROUGH Second Outing. NOTWITHSTANDING Second Outings APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LENDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM LENDEES ON BEHALF OF THE LENDERS, Second Outing EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LENDEE OR OTHER THIRD PARTY.
Limitation of Liability
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, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR RENTAL OF ANY ITEMS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Second Outing WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Second Outing NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR 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, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Second Outing 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LENDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL Second Outing’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTALS VIA THE SITE AND SERVICES AS A LENDEE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LENDER, THE AMOUNTS PAID BY Second Outing TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED STERLING POUNDS (£100.00), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Second Outing AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify Second Outing and all persons connected to Second Outing 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 (a) your access to and use of the Website and your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) rental of an Item, or (iii) creation of a Listing; (d) the use, condition or rental of an Item 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 rental, rental or use of an Item.
These Terms will take precedent over any written agreement or contract between a member and Second Outing.
You may not assign or transfer these Terms, by operation of law or otherwise, without the permission of Second Outing. Second Outing are able to transfer or assign these terms without no prior notice. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, must be written to email@example.com
These Terms shall be governed by the Laws of England and the English Court. Any disputes arising in relation to these Terms will be heard in an English Court.
You agree that any action against Second Outing, if required, will be first dealt with at mediation. Second Outing reserve the right to take immediate action with the court should a reasonable agreement not be reached with a member.
Failure of Second Outing not enforce any of the rules above will not mean they are not able to enforce in the future. Limitation act will apply and Second Outing reserve the right to use this if required against a Lender or Lendee.
Contacting Second Outing
If you have any questions about these Terms please contact Second Outing at firstname.lastname@example.org