Terms of Services

THIS DOCUMENT SETS OUT THE TERMS ON WHICH GOSHARED UK LIMITED (“goshared”) PROVIDES YOU WITH ACCESS TO WWW.GOSHARED.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY CLICKING ON A LINK TO THIS DOCUMENT WHEREVER IT IS PRESENTED IN THE WEBSITE, OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE AND ALL ITS FEATURES AND FUNCTIONS.

If you are agreeing to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind the that company or other legal entity to these Terms and, in such event, ‘you’ and ‘your’ will refer and apply to that company or other legal entity.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

1. INFORMATION ABOUT GOSHARED UK LIMITED, THE SERVICES AND THE WEBSITE
  • 1.1 The Website is owned and managed by goshared UK Limited, a company registered in England and Wales with the company registration number 07853432 and having its registered address at goshared UK Limited, The Old Exchange, Hartfield Road, Forest Row, East Sussex, RH18 5BZ.
  • 1.2 goshared operates and maintains the Website, which is an online marketplace and social network. The Website provides the means for you to (a) list assets for rent and manage your bookings; and (b) search for and book assets that have been listed for rent and (c) use online systems and all other services made available to you by goshared on the Website (collectively, the “Services”).
  • 1.3 goshared may be contacted using the contact details made available on the Website.
2. REGISTRATION
  • 2.1 In order to use the Services, you shall be required to register as a member of the Website (“Member”) with goshared using the online registration form made available to you on the Website. By completing the online registration form, you consent to goshared conducting verification and security procedures in respect of the information provided in such online registration form.
  • 2.2 We will create your goshared account (“Account”) and Public Profile page for your use of the Website and Services, based upon the personal information you provide to us or that we obtain from a Third Party Account, as outlined below. You are not allowed to have more than one Account.
  • 2.3 You can also register as a Member by connecting your Account to certain third party social networking sites (“Third Party Accounts”), such as Facebook. You may link your Account with Third Party Accounts by either (a) providing your Third Party Account information to goshared through the Website; or (b) allowing goshared to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You hereby warrant that that you are entitled to disclose your Third Party Account login information to goshared and/or grant goshared access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of each Third Party Account and without obligating goshared to pay any fees or making goshared subject to any usage limitations imposed by the service providers of each Third Party Account. By granting goshared access to any Third Party Accounts, you understand that goshared will access, make available and store (if applicable) any content (“Third Party Content”) that you have provided to, and stored on, your Third Party Account, so that it is available on and through the Website and Services via your goshared account and your Public Profile page. Unless otherwise specified in these Terms, all Third Party Content, if any, will be considered to be content pertaining to the Member (“Member Content”) for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings you have set in those Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through the goshared Website and Services. Please note that if a Third Party Account or associated service becomes unavailable or goshared’s access to a Third Party Account is lost or terminated by the Third Party service provider, then the Third Party Content will no longer be available on or through the goshared Website and Services. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by accessing the Reputation page on the Website, under Edit Profile. Please note that your relationship with the service providers associated with your Third Party Accounts is governed solely by your agreement(s) with those service providers. goshared will make no attempt to review any Third Party Content for any purpose, including, but not limited to, accuracy, legality or non-infringement, and goshared is not responsible for any Third Party Content or Third Party Accounts.
  • 2.4 You hereby warrant that the information provided by you to goshared is true, accurate and correct. You further warrant that you shall promptly update the Website and notify goshared in the event of any changes to such information provided.
  • 2.5 Upon the completion and submission of the online registration form by you on the Website, you shall be sent an email (“Confirmation Email”) confirming your registration with goshared.
  • 2.6 You shall keep your registration details for the Website (“Sign In Details”) confidential and secure. Without prejudice to the other rights and remedies of goshared, goshared reserves the right to promptly disable your Sign In Details and suspend your access to the Services and/or the Website in the event goshared has any reason to believe that you have breached any of the provisions set out herein.
  • 2.7 For the avoidance of doubt, you shall have no access to the Services and certain aspects of the Website if you choose not to register as a Member.
3. FORMATION AND TERMINATION OF YOUR CONTRACT WITH GOSHARED LIMITED
  • 3.1 Your contract (“Contract”) with goshared shall commence at the point at which you complete and submit the online registration form.
  • 3.2 In order to terminate your Contract with goshared you will need to request termination of your goshared membership in writing, using the contact details made available on the Website.
  • 3.3 goshared may suspend or terminate your access and use of the Website and/or the Services as a Member in the event that:
    • 3.3.1 third party services and network providers cease to make the third party service or network available to goshared;
    • 3.3.2 goshared believes that you or someone using your Sign In Details and/or Profile has failed to comply with one or more of these Terms;
    • 3.3.3 goshared believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website and/or the Services (in whole or in part); or
    • 3.3.4 goshared believes that you have provided it with any false, inaccurate or misleading information.
  • 3.4 Upon termination of your Contract with goshared in accordance with this clause 3, your access to the Website and the Services shall cease.
4. MEMBER OBLIGATIONS
  • 4.1 You agree that you are solely responsible and liable for all activities on the Website and use of the Services made using your Profile or Sign In Details, whether or not you have authorised those activities or use.
  • 4.2 You shall promptly notify goshared in the event of a breach of security or any unauthorised use of your Sign In Details or Profile.
  • 4.3 The description of the asset in respect of the Services shall be accurate and all images and details accompanying the advertising of an asset using the Services must be related to such asset offered for rental, shared ownership or shared use.
  • 4.4 You warrant that the information provided by you to goshared, including, but not limited to, Member Submissions, (a) will not breach any agreements you have entered into with any third parties, or breach the rights of any third parties and (b) will comply with all applicable laws, tax requirements, licensing and insurance requirements and any other rules and regulations which govern the offer(s) you are making to other members, through the Website.
  • 4.5 You warrant that you are responsible for ensuring that any arrangement you enter into with another Member is legal and compliant with any applicable regulations and safety requirements governing the Member’s use of the asset in the geographic location(s) agreed upon between you and the Member.
  • 4.6 You understand and agree that you are responsible for determining your applicable tax reporting requirements. If you are in doubt of the reporting requirements or other tax implications for you of renting assets or of entering into any other form of shared use of an asset, you should seek advice from your tax office, your tax adviser and/ or a suitably qualified professional. You may request a VAT receipt in writing, using the contact details made available on the Website.
  • 4.7 You agree that in your use of the Services and the Website, you shall not submit to appear on the Website, any image, review, comment, link or other material whatsoever (“Member Submission”) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
    • 4.7.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • 4.7.2 harass or advocate harassment of another person;
    • 4.7.3 display pornographic or sexually explicit material;
    • 4.7.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
    • 4.7.5 promote any illegal activities;
    • 4.7.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
    • 4.7.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
    • 4.7.8 engage in the promotion of contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of goshared; or
    • 4.7.9 infringe any rights of any third party.
  • 4.8 You acknowledge that making a Member Submission does not guarantee that such Member Submission, or any part thereof, shall appear on the Website, but agree that goshared may, at its sole discretion, choose to display any Member Submission or any part of a Member Submission that you make on the Website. You hereby grant to goshared a non-exclusive, perpetual, irrevocable, worldwide licence to make your Member Submissions available on the Website and to edit your Member Submissions in the event that goshared deems it necessary or desirable to do so for any reason.
  • 4.9 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Member Submission that you make using the Services and to the Website.
  • 4.10 If you think that any Member Submission made by the other members is objectionable, you are advised to contact goshared using the contact details set out on the Website. goshared shall use its reasonable endeavours to review the relevant Member Submission as soon as is practicable and shall take such action as it deems necessary, if any.
  • 4.11 You further agree that at all times, you shall:
    • 4.11.1 not use your Sign In Details and/or Profile with the intent of impersonating another person;
    • 4.11.2 not allow any other person to use your Sign In Details and/or Profile;
    • 4.11.3 not use the information presented on the Website and/or through your use of the Services for any purposes other than those expressly set out in these Terms;
    • 4.11.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Services and the Website or in respect of the network;
    • 4.11.5 not use the Website and/or the Services, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
    • 4.11.6 not use any information obtained using the Services and/or the Website otherwise than in accordance with these Terms;
    • 4.11.7 comply with all instructions and policies from goshared in respect of the Website and your use of the Services;
    • 4.11.8 co-operate with any reasonable security or other checks or requests for information made by goshared; and
    • 4.11.9 use the information made available to you using the Services and on the Website at your own risk.
  • 4.12 In the event that goshared, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 4, goshared shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website and the Services; and in the case of illegal use, to instigate legal proceedings as appropriate.
5. YOUR RELATIONSHIP WITH OTHER MEMBERS
  • 5.1 You acknowledge and agree that goshared only provides you with the facility to browse the Website, upload Member Submissions, make and receive expressions of interests in the assets or other offers featured on it, use the Services provided and communicate with other members of the Website. Consequently, you understand that it is your responsibility and not the responsibility of goshared to decide what relationships you want to establish with other members through the Website and to manage those relationships accordingly. You are also advised to take all reasonable care if you choose to make or accept bookings with other members.
  • 5.2 You further acknowledge and agree that any asset rental or sharing arrangement or any sale or purchase of assets initiated or managed through the Website using the Services shall be governed by contracts between you and the other members and goshared shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the other members.
  • 5.3 If you are unsure about the terms of the contract between you and the other members for the rental, shared use, or sale and purchase of the assets made available on the Website, goshared recommends that you seek legal advice and perform the relevant due diligence required prior to any such transactions.
6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
  • 6.1 You hereby warrant that (a) you are at least 18 years old; (b) you have the right and capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws regarding the use of the Services and/or the Website.
  • 6.2 You further warrant that the information provided to goshared by you, including all Member Submissions, are at all times true, accurate and correct and that you shall promptly inform goshared in the event of any changes to such information.
  • 6.3 You hereby warrant, represent and guarantee that you are either (a) the legal and equitable owner of the asset that you have made available for renting or other shared use on the Website; or (b) you have the right by the legal and equitable owner of the asset to make such asset available for renting or other shared use on the Website using the Services.
  • 6.4 goshared does not verify and does not have any control over any Member Submission, or any information in any format made available to you using the Services and the Website. Consequently, goshared does not warrant or guarantee the accuracy, correctness, reliability, suitability in respect of the Member Submission and your use of the Services and all information made available to you. goshared suggests that you do not rely on such Member Submission or any information in any format made available to you on the Website to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific cause of action. If you so intend to use and/or rely on such Member Submission and information made available to you on the Website and through your use of the Service, you do so at your own risk and liability.
  • 6.5 Additionally, you agree and understand that where goshared includes views, opinions, advice and recommendations, these views opinions, advice and recommendations are not endorsed by goshared and to the maximum extent permitted by law, goshared shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice and recommendations.
  • 6.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of goshared and goshared accepts no liability for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
  • 6.7 You acknowledge and agree that goshared relies on third party providers to make the Services and the Website available to you. Consequently, goshared does not warrant that the Service and the Website shall be uninterrupted or fault-free at all times. For the avoidance of doubt, goshared shall not be liable for any delay or failure to provide the Services and/or make the Website available for reasons that is due to third parties including without limitation, internet service providers, data centres, server hosting companies and telecommunication providers.
  • 6.8 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations, including without limitation, the Member Submission and all information made available to you are provided to you on an “as is” basis.
  • 6.9 Nothing in these Terms shall be deemed to exclude, restrict or limit the liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
  • 6.10 Subject to clause 6.9, goshared shall not be liable for any indirect or consequential damage or harm, losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of data, loss of contract, loss of goodwill and reputation, loss of management time or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Service, the Website and the contents therein.
  • 6.11 Unless otherwise expressly set out to the contrary in these Terms, goshared's liability to you in connection with your use of the Service and the Website shall be strictly limited to £250.
  • 6.12 In the event you have a dispute with one or more of the other members, you hereby release goshared from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
7. INTELLECTUAL PROPERTY RIGHTS
  • 7.1 goshared and its licensors own all rights in the intellectual property rights relating to the Website.
  • 7.2 You are expressly prohibited from:
    • 7.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the products and properties and submissions in the form of articles and write-ups made available on the Website; and
    • 7.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by goshared and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of goshared or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to goshared.
  • 7.3 goshared welcomes and encourages feedback, comments and suggestions for improvement to the Website and/ or Services (”Feedback”). You acknowledge and agree that all Feedback will be the sole and exclusive property of goshared and you hereby agree to assign to goshared all of your right, title and interest in, and to, all Feedback, irrevocably, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At goshared’s request and expense, you will execute documents and take such further action as goshared may reasonably request, to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
  • 7.4 For any queries in respect of the intellectual property rights relating to the Website, please notify goshared UK Limited by writing to us at the address set out in paragraph 10 hereunder.
8. PRIVACY POLICY
  • 8.1 goshared enforces a strict Privacy Policy. The terms of the privacy policy form part of these Terms of Service and you agree to be bound by them.
9. GOSHARED FEE STRUCTURE AND PROCESSES FOR CHARGING, PAYMENT, CANCELLATION AND REFUNDS
  • 9.1 Members who are requesting a booking (“Bookers”) are required by goshared to pre-authorise the total amount payable, via their PayPal account, in order to complete the booking request. The total amount payable by the Booker will include the booking fee charged by goshared (on the rental fee only), which is non-refundable on all confirmed bookings. Members offering an asset for rent, or other shared use (“Listers”) will be given up to 24 hours (or up to the start time of the booking requested – whichever comes first) to accept or refuse the booking, after which time the booking request expires and the Booker’s pre-authorisation of the total amount payable, also expires.
  • 9.2 Once a booking has been accepted, goshared will process the transaction, retaining the rental fee until 24 hours after the booking start time. At that point, unless there is an outstanding dispute about the booking that was reported to goshared within 24 hours of the booking start time, goshared will pay the Lister the total amount due, minus the goshared service charge, into their nominated PayPal account. If the Lister has not provided details of a PayPal account, goshared will retain the payments until the PayPal account details have been supplied via the Website, in the Payments section under Edit Profile. Any disputes about bookings involving requests to withhold payment or obtain a refund must be reported in writing using the contact details made available on the Website.
  • 9.3 If the Lister has added a security deposit to the rental fee, goshared will retain the security deposit until 48 hours after the booking end time. At that point, unless there is an outstanding dispute about loss or damage during the booking that was reported to goshared within 48 hours of the booking end time, goshared will refund the security deposit to the Booker. If loss or damage has been reported within 48 hours of the booking end time, the Booker will be notified and given 48 hours to respond. If the Booker does not dispute the claim, or does not respond, goshared will deduct the cost of replacement and/ or repair from the security deposit and refund any remainder to the Booker. Any claim request for loss or damage during a booking must be reported in writing using the contact details made available on the Website.
  • 9.4 The current service fee for Listers and the current booking fee for Bookers, are stated in the How it works (also known as Help) section of the Website.
  • 9.5 goshared will automatically apply the most flexible cancellation policy to a new listing, which the Lister can change if they wish. The Booker’s entitlement to any refund will be governed by the cancellation policy that has been set for the asset that has been booked.
  • 9.6 Should the Booker or the Lister wish to request a discretionary refund of some/ all of the rental fee, they should make their request in writing using the contact details made available on the Website.
  • 9.7 In all cases, goshared fees, once charged, are non-refundable.
  • 9.8 In using the Website and Services, you are accepting the fees, charging process, payment process and refund process. You are also accepting the cancellation policies. goshared reserves the right to change its fees and/ or processes and to modify its charging structure without prior notice. Any changes goshared may make to the fees or charging structure in the future will be notified and made available to you, using the Website.
  • 9.9 Any changes to fees or fee amounts made by the Lister or by goshared will not apply to any confirmed or pending bookings made prior to the change(s) coming into force.
10. GENERAL
  • 10.1 If goshared fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
  • 10.2 A waiver by goshared of any default shall no constitute a waiver of any subsequent default.
  • 10.3 No waiver by goshared of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  • 10.4 All notification and communication to goshared should be sent to the contact details set out on the Website.
  • 10.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
  • 10.6 These Terms represent the entire agreement between you and goshared in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  • 10.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
  • 10.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
  • 10.9 goshared reserves the right to modify these Terms at any time, without prior notice. Any changes goshared may make to these Terms in the future will be notified and made available to you using the Website. By continuing to access the Website after we have issued notification of their modification, you are indicating that you agree to be bound by the modified Terms.
11. CONTACT DETAILS

  • Please direct any queries about these Terms (preferably by email) to:

    goshared UK Limited
    The Old Exchange
    Hartfield Road
    Forest Row, East Sussex, RH18 5BZ
    Email: info@goshared.com