Effective as of: August 15, 2020
These terms and conditions govern Toolsharer’s policy for Toolee refunds (“Toolee Refund Policy”) and the obligations of the Renter associated with the Toolee Refund Policy. The Toolee Refund Policy applies in addition to Toolsharer’s Terms of Service (“Toolsharer Terms”). The Toolee Refund Policy is available to Toolees who book and pay for tools/equipment through the Toolsharer Platform and suffer an issue (as defined below) causing inability to collect or accept delivery. The Toolee’s rights under this Toolee Refund Policy will supersede the Renter’s cancellation policy.
All capitalized terms shall have the meaning set forth in the Toolsharer Terms or Payments Terms unless otherwise defined in this Toolee Refund Policy.
By using the Toolsharer Platform as a Renter or Toolee, you are indicating that you have read and that you understand and agree to be bound by this Toolee Refund Policy.
1. Delivery/Pickup Issue
A “Delivery/Pickup Issue” means any one of the following:
(a) the Renter of the tools/equipment (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Toolee with the reasonable ability to access the tool (e.g. does not deliver or provide a pickup address for the items).
(b) the Listing’s description or depiction of the tools/equipment is materially inaccurate with respect to:
- the suitability of the tool for the job at hand,
- special features represented in the Listing do not function,
(c) at the start of the Toolee’s booking, the item: (i) is not generally serviceable; (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Toolee’s use of the tool/equipment in Toolsharer’s judgment.
2. The Toolee Refund Policy
Up to 24 hours after booking commences. If you report a Delivery/Pickup Issue up to 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you the amount paid by you through the Toolsharer Platform (“Total Fees”). Toolsharer shall decide whether an issue reported by a Toolee qualifies, whether to reimburse or rebook a Toolee who suffers, and whether an alternate tool is comparable or better.
More than 24 hours after check-in. If you report Issue more than 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you up to the Total Fees depending on the nature of the Issue suffered, or (ii) use our reasonable efforts to help you find and book another tool for any unused nights left in your booking which is reasonably comparable to the tool described in your original booking in terms of size, rooms, features and quality.
Toolsharer’s decisions under the Toolee Refund Policy are final and binding on Toolees and Renters but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
3. Conditions for making a Claim
To submit a valid claim for a Delivery/Pickup Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Toolee that booked the tool;
(b) you must report the Issue to us in writing or via telephone within 24 hours of discovering the existence of the Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the tool/equipment and the circumstances of the Issue;
(c) you must respond to any requests by us for additional information or cooperation on the Issue within the time specified by Toolsharer;
(d) you must not have directly or indirectly caused the Issue (through your action, omission or negligence);
(e) unless otherwise specified by Toolsharer or Toolsharer advises you that the Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Issue with the Renter; and
(f) in order to receive a reimbursement of Total Fees or assistance with booking an alternative tool or equipment, you must agree to arrange to return or have returned the original tool.
4. Minimum Quality Standards, Renter Responsibilities and Reimbursement to Toolee
4.1 If you are a Renter, you are responsible for ensuring that the Tools you list on the Toolsharer Platform are accessible, adequately and accurately described in the Listing description, safe and serviceable according to manufacturers specifications, and do not present a Toolee with safety Issues, as specified in these terms and in the Toolee Refund Policy Help Center article. During a Toolee’s use of a tool or item of equipment, Renters should be available, or make a third-party available, in order to try, in good faith, to resolve any usage issues or other Toolee issues. It is recommended that training be offered on some larger more complex tools as part of the rental process.
4.2 If you are a Renter, and if (i) Toolsharer determines that a Toolee has suffered an Issue related to an item listed by you and (ii) Toolsharer either reimburses that Toolee (up to their Total Fees) or provides an alternative tool to the Toolee, you agree to reimburse Toolsharer up to the amount paid by Toolsharer within 30 days of Toolsharer’s request. You also agree to reimburse Toolsharer for reasonable additional costs incurred to relocate the Toolee. You authorize Toolsharer Payments to collect any amounts owed to Toolsharer by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Renter, you understand that the rights of Toolees under this Toolee Refund Policy will supersede your selected cancellation policy. If you dispute the Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Issue. In order to dispute any renter Issue, you must use reasonable and good faith efforts to try to remedy any Issue with the Toolee unless Toolsharer advises you that the Issue cannot be remediated.
5. General Provisions
5.1 No Assignment/No Insurance. This Toolee Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Toolee, and the Toolee has not paid any premium in respect of the Toolee Refund Policy. The benefits provided under this Toolee Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination. Toolsharer reserves the right to modify or terminate this Toolee Refund Policy, at any time, in its sole discretion. If Toolsharer modifies this Toolee Refund Policy, we will post the modification on the Toolsharer Platform or provide you with notice of the modification and Toolsharer will continue to process all claims for Issues made prior to the effective date of the modification according to the then applicable policy.
5.3 Entire Agreement. This Toolee Refund Policy constitutes the entire and exclusive understanding and agreement between Toolsharer and you regarding the Toolee Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Toolsharer and you regarding the Toolee Refund Policy.
6. Contacting Toolsharer. If you have any questions about the Toolee Refund Policy, please email us.