Rental Terms

WONDER – RENTAL TERMS AND CONDITIONS

1. About these rental terms

1.1 These terms and conditions relate to the renting of innovation products and technology through the ‘Wonder’ rental platform, available through the website at https://wonder.store as well as associated software applications (the “Platform”). These rental terms (together with our general Platform terms and conditions of use, available at https://wonder.store) set out how users (“Users” or “ you”) can rent tech products (“Products”) from people who have them (“Owners”).

1.2 The Platform is operated by The Wonder Experience Limited (“ Wonder” or “us” or “we ”). We are a company registered in England and Wales under company number 10655868 whose registered office is 68-80 Hanbury Street, London, E1 5JL.

1.3 By offering to rent Products through the Platform you are agreeing to comply with and be bound by these rental terms and conditions (and any documents referred to in them, including our general Platform terms and conditions of use). If you do not agree with or accept any of our terms you will not be able to rent Products through the Platform.

2. How the Platform works

2.1 Through the Platform, Wonder allows Owners to make Products that they own available to Users to rent, so Users can try out the Products and learn more about them.

2.2 However, although Wonder has developed the Platform to facilitate transactions between Owners and Users we are not a party to, will not actively participate in, and provide no guarantees in relation to, any such transactions.

3. Disclaimer and limitation of our involvement

3.1 Any information that is available on the Platform regarding a Product or any rental terms relating to that Product are supplied to the Platform by Owners. Wonder makes such information available on an “as is” basis. Although we reserve the right to verify information provided to us by Owners we are not obliged to do so. We make no guarantee that information displayed on the Platform is up-to-date, accurate or free from errors, and we will not be responsible, or liable in any way, for the accuracy of any such information.

3.2 You agree that you are solely and exclusively responsible for, and shall bear all risks associated with:

3.2.1 any interactions between you and any Owners, whether online, in person or otherwise;

3.2.2 any reliance that you place on any information provided through the Platform; and

3.2.3 your use of any Products that you rent through the Platform.

4. Conditions of use of Products

4.1 You agree and warrant (i.e. legally promise) that, at all times when Products are in your possession:

4.1.1 you will only be renting the Product and that no provision of these terms gives you any rights of ownership in relation to the Product or any elements of it (including physical, electronic or other elements of whatever nature);

4.1.2 you shall not sell, rent, lease, lend or otherwise transfer or assign (in any way) any Product, or any rights of possession that you may have in relation to any Product, to any third party without the express written consent of Wonder and the relevant Owner; and

4.1.3 you shall use the Product properly and reasonably and in accordance with any instructions provided with it;

4.1.4 you shall not, and shall not attempt to, disassemble, decompile, reverse-engineer, deconstruct, damage or otherwise alter any physical, intangible or electronic (including software) aspects or elements of any Product except as reasonably required for the proper and ordinary use of that Product in accordance with clause 4.1.3.

4.2 You agree that the warranties given by you in clause 4.1 are given for the benefit of Wonder and of the Owner of the relevant Product.

4.3 If any Product becomes damaged through the proper and ordinary use of that Product (i.e. such damage has not arisen as a result of your breach of any of the warranties given by you in clause 4.1) then you should notify us as soon as possible and arrange for the Product to be returned to us together with a reasonably comprehensive account of the events that resulted in the damage.

5. End of rental term

5.1 Subject to clause 5.2, you agree and warrant that at the end of the agreed rental term you shall return the Product (together with its case and any accessories or periphery products that were supplied with the Product, as applicable), to us (or to a third party as directed by us) in materially the same condition you received it/them.

5.2 If you wish to extend the rental period or to purchase the Product you have rented you must notify us and the Owner before the end of the original rental period. If the Owner agrees to sell the Product to you that shall constitute a separate agreement between you and the Owner and these terms shall not apply to such purchase agreement. If the Owner does not agree to sell the Product to you then you shall return the Product in accordance with clause 5.1.

6. Limitation of our liability

6.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability of ours that cannot be lawfully excluded or limited.

6.2 Subject to clause 6.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Platform and/or any information contained or displayed within the Platform.

6.3 Subject to clause 6.1, we will not be liable to any User, or to any third party, for any loss or damage of any kind whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

6.3.1 the use of, or inability to use, the Platform; or

6.3.2 the use of, or inability to use, any Products acquired through the use of the Platform (including, for example, any loss, damage or injury caused to you or any third party as a result of your use of any Product); or

6.3.3 any agreement between a User and an Owner regarding the renting of a Product between them, including any breach of such an agreement by any party to it; or

6.3.4 reliance on any information contained or displayed within the Platform.

6.4 In particular, but subject always to clause 6.1, we will not be liable for any: business interruption; loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation; or indirect or consequential loss or damage whatsoever or howsoever caused.

7. General legal terms

7.1 Events beyond our control – We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

7.2 Rights of third parties No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

7.3 Variation – These terms and conditions are dated 15th March 2017. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms of use from time to time. Our new terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.

7.4 Breach – We shall apply these terms of use in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the Platform, disclose information submitted by you to law enforcement authorities or take any action we consider necessary to remedy the breach.

7.5 Applicable law – These terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

8. Contact

If you have any questions about these terms and conditions please contact us by sending an email to [email protected]