Terms of Service
Last Updated: November 24, 2024
Welcome to ToolShare.ch (the "Platform"), operated by ToolShare.ch ("we," "us," or "our"). By registering for, accessing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform.
2. Nature of the Platform (Intermediary Status)
2.1 Venue Only. ToolShare.ch provides an online marketplace that connects owners of tools ("Lenders") with individuals seeking to rent tools ("Renters").
2.2 No Agency. We are not a rental agent, lessor, or owner of the tools listed. We do not inspect, maintain, store, or control the tools. The actual contract for the rental of a tool is directly between the Lender and the Renter.
2.3 No Endorsement. We do not endorse any user or tool. We do not guarantee the quality, safety, or legality of any tools listed, nor the truth or accuracy of any listings.
3. Eligibility and Account Verification
3.1 Age Requirement. You must be at least 18 years old and capable of forming a binding contract under Swiss law to use the Platform.
3.2 Verification. We reserve the right to verify your identity using third-party services (e.g., requiring a scan of a passport or ID). You authorize us to make inquiries necessary to validate your identity.
3.3 Account Security. You are responsible for maintaining the confidentiality of your credentials. You are liable for all activities that occur under your account.
4. Lender Obligations and Warranties
4.1 Right to Rent. You warrant that you are the legal owner of any tool you list or have explicit permission to rent it out.
4.2 Safety and Maintenance. You represent and warrant that your tools are:
- In safe, functional working order.
- Maintained according to the manufacturer’s specifications.
- Free from known material defects that could cause injury.
4.4 Prohibited Items. You may not list firearms, weapons, chemicals, illegal items, or tools that require a specific professional license to operate unless you verify the Renter holds such a license.
5. Renter Obligations and Assumption of Risk
5.1 Competence. You represent that you possess the necessary knowledge, physical ability, and experience to operate the rented tool safely.
5.2 Inspection. Upon receiving the tool, you agree to inspect it immediately. If the tool appears unsafe or defective, you must not use it and must notify the Lender and ToolShare.ch immediately.
5.3 Assumption of Risk. You acknowledge that using power tools and machinery carries inherent risks of physical injury, property damage, or death. By renting a tool, you voluntarily assume all such risks.
5.4 Proper Use. You agree to use the tool only for its intended purpose and in compliance with all applicable laws and safety regulations (e.g., wearing Personal Protective Equipment like goggles or gloves).
6. Booking, Fees, and Cancellations
6.1 Fees. Renters are charged a Rental Fee (set by the Lender) and a Service Fee (set by ToolShare.ch). The Service Fee covers platform maintenance and is non-refundable once a booking is confirmed.
6.2 Security Deposits. ToolShare.ch or the Lender may require a Security Deposit. This deposit may be used to cover late fees, damage, or replacement costs.
6.3 Cancellations.
- Renter Cancellation: Cancellations made more than 24 hours before the rental period may receive a full refund of the Rental Fee. Cancellations within 24 hours are subject to a penalty.
- Lender Cancellation: Lenders who cancel confirmed bookings without valid cause may be subject to penalties or account suspension.
7. Damage, Theft, and Insurance
7.1 Renter Liability. The Renter is strictly liable for any loss, theft, or damage to the tool occurring from the moment of possession until return, reasonable wear and tear excepted.
7.2 Insurance Recommendations.
- For Renters: We strongly recommend you hold personal liability insurance (Privathaftpflichtversicherung) that covers damage to rented property.
- For Lenders: Standard household insurance may not cover items rented out for profit. You are advised to check your policy or obtain commercial insurance.
8. Content and Intellectual Property
By uploading photos or descriptions to the Platform, you grant ToolShare.ch a non-exclusive, worldwide, royalty-free license to use, display, and reproduce that content for the purposes of operating and marketing the Platform.
9. Limitation of Liability
9.1 General Limitation. To the fullest extent permitted by applicable law (specifically Art. 100 of the Swiss Code of Obligations), ToolShare.ch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
9.2 Specific Exclusions. We explicitly disclaim liability for:
- Bodily injury or death resulting from the use of a tool.
- The conduct of any user, online or offline.
- Any errors or omissions in the Platform's operation.
10. Indemnification
You agree to release, defend, indemnify, and hold ToolShare.ch, its affiliates, directors, and employees harmless from and against any claims, liabilities, damages, losses, and expenses (including legal and accounting fees) arising out of:
- Your breach of these Terms.
- Your improper use of the Platform.
- Your interaction with any user or use of a tool, including any injuries, losses, or damages of any kind arising in connection with or as a result of such use.
11. Dispute Resolution
11.1 Informal Negotiation. In the event of a dispute between you and another user, or between you and ToolShare.ch, you agree to first attempt to resolve the dispute informally for a period of at least 30 days.
11.2 User Disputes. ToolShare.ch has no obligation to resolve disputes between Lenders and Renters but may, in its sole discretion, try to help facilitate a resolution.
12. Governing Law and Jurisdiction
12.1 Governing Law. These Terms and your use of the Platform are governed by the substantive laws of Switzerland, excluding its conflict of law rules and the CISG.
12.2 Jurisdiction. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Zurich, Switzerland. However, ToolShare.ch reserves the right to take legal action against you in your place of residence or before any other competent court.
13. Modifications
We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the Platform and update the "Last Updated" date. Continued use of the Platform constitutes acceptance of the revised Terms.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable (e.g., by a Swiss court), such provision will be struck and will not affect the validity and enforceability of the remaining provisions.