Terms & Conditions of Use
This document sets out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using The Tot Loft.
Terms & Conditions of Use
1. What is The Tot Loft?
1.1 The Tot Loft operates an online community that allows:
(a) users to advertise items to rent out (the "lenders") and to rent (the "renters");
(b) lenders and renters to communicate with and enter into agreements with other users to lend or borrow such items (such users that rent being "lenders" and such users that borrow being "renters");
(c) users to advertise items for sale (sellers) and to purchase (buyers)
(d) users to resolve disputes concerning the hired items where applicable. See section 15 for more information on resolving disputes.
1.2 The Tot Loft Service is provided by The Tot Loft Ltd ("The Tot Loft", “TTL”, "we", "our", or "us").
2. Important warnings about lending and borrowing items
2.1 The Tot Loft only provides a platform that enables users to borrow and lend items. We do not regularly monitor the quality of the items made available for hire by lenders through The Tot Loft Service.
2.2 As such, the lender is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you hire through the The Tot Loft Service
2.3 If you are a lender, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for hire, including giving effect to renters' rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.
2.4 If you are a renter, you will be responsible for any items you hire through the The Tot Loft, including compensating the lender for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items.
3. Your relationship with us
3.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using The Tot Loft.
3.2 Additional terms will apply to you depending on whether you are a lender or renter. Please refer to paragraph 9 if you are a lender and paragraph 10 if you are a renter.
3.3 By accessing and using the The Tot Loft, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the The Tot Loft.
4. Information about us
4.1 The Tot Loft is a company registered in England, please contact us for our registered address
5. Information about you
Collection of your personal data
We will collect, store and use the personal data provided by you so that we can manage our relationship with our users. We may also collect personal data from other sources for purposes such as linking any social media accounts to your user’s profile. We will also generate information about you ourselves.
This notice is to inform you about what information we process about you and the ways in which we intend to use it. This notice applies to information we use throughout your membership with The Tot Loft, including any future changes to details we currently hold. To ensure we keep your information up to date and accurate it is important that you notify us of any changes to your personal details as soon as they are known.
Types of personal data we collect may include:
your name, contact details, including email, postal address and telephone number, date of birth and gender;
a detail of all your transactions on the platform;
a record of your messages, comments and posts;
a record of any messages or communication via our platform
photographs of you from your user’s profile or participation in our events;
contact details for business continuity.
We may collect this information in a variety of ways through signing up via your existing social media or an online form you complete on our website.
Use of your personal data
The lawful basis for collecting and using the personal data will depend on the specific reason we have collected it for. We will collect personal data from you for the following reasons:
where we have your consent to do so,
where we need the personal data in relation to a transaction via our platform you entered into,
where necessary to fulfill a legal obligation to collect the personal data from you,
where the processing is necessary for our legitimate interests and is fair when balanced against your interests and rights.
The Tot Loft only holds personal data relating to our users in the course of delivering The Tot Loft’s formal business activities.
The Tot Loft only collects the data required for authorised membership purposes or as required for the participation of users in our activities and events. We also collect some data in seeking feedback from participants and users or through the participation of others in social events we organise. Storage and retention of your personal data. The Tot Loft will retain your personal data for as long as is necessary for the purpose it was collected, i.e. for the duration of your time working with us, or longer if it is needed, for resolution purposes as an example. We will hold your personal data in compliance with our usual records disposal practice procedures. Disclosure and sharing of your personal data. As part of membership with us we will need to use and share your personal data internally. We will only disclose your personal data to third parties outside The Tot Loft where we have a lawful basis or legal obligation for doing so. This will include with third parties which provide services in support of our work such as IT processors. The Tot Loft will not share your information for any commercial marketing purposes. The Tot Loft recognises the importance of protecting personal and confidential information and we take due care to meet our legal duties and obligations. The Tot Loft has sought to ensure that its small number of external data processors (IT support, financial & insurance institutions and service providers) have in place all reasonable technical, security and procedural controls required to protect personal data for as long as we are required we hold that information.
We will ensure you can exercise your rights in relation to the personal data you provide to us, as follows:
Where we are relying on your consent to use your personal data, you can withdraw that consent at any time by writing to us.
You can request access to the personal data we hold about you by contacting us directly.
You can ask us to update your personal data if it changes. In certain circumstances, you can request we erase the personal data we hold, or ask us to stop or restrict processing if you have objections.
If you have any concerns relating to the use of your personal data, you may complain to us directly.
6. The Tot Loft
6.1 The Tot Loft allows lenders to advertise items for hire and to communicate and enter into agreements with renters for the hire of those items on our app.
6.2 We may, from time to time, provide social features on The Tot Loft which enable you to message and share information about your use of The Tot Loft with other users. Any use of these social features should comply with our Rules of Acceptable Use below.
7. Setting up your account
7.1 To access The Tot Loft, you must set up an account and subscribe to our service using your email address (your "Account"). You will need to create a password for your Account – we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
7.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use The Tot Loft. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.
7.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us.
8. Your right to use The Tot Loft
8.1 The materials and content comprising The Tot Loft belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using The Tot Loft in accordance with these Terms of Service.
8.2 Your right to use The Tot Loft is personal to you and you are not allowed to give this right to any other person. Your right to use The Tot Loft does not stop us from giving other people the right to use The Tot Loft.
8.3 Unless allowed by these Terms of Service or as permitted by the functionality of The Tot Loft, you agree:
(a) not to copy, or attempt to copy the The Tot Loft platform or any other portion of The Tot Loft;
(b) not to give or sell or otherwise make available The Tot Loft app or platform or any other portion of The Tot Loft to anybody else;
(c) not to change, or attempt to change The Tot Loft platform or any other portion of The Tot Loft in any way;
(d) not to look for or access the code of The Tot Loft app or platform or any other portion of The Tot Loft that we have not expressly published publicly for general use.
8.4 You agree that all confidential information, copyright and other intellectual property rights in The Tot Loft app or platform or any other portion of The Tot Loft belong to us or the people who have licenced those rights to us.
8.5 You agree that you have no rights in or to the The Tot Loft app or platform or any other portion of The Tot Loft other than the right to use and access them in accordance with these Terms of Service.
9. Lender Specific Terms
9.1 This paragraph 9 applies to you if you are a lender.
9.2 You are responsible for ensuring that:
(a) you have all necessary rights to rent out any items you advertise on The Tot Loft, and that the renter's use of those items will not infringe any other party's rights;
(b) you deliver any hired items to the renter in accordance with the agreement you reach with the renter;
(c) any descriptions of the items you advertise for hire through The Tot Loft are accurate and include all information relevant to the use of the item, including (as appropriate):
(i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and
(ii) any instructions or notices that may reasonably be required to use the item safely;
(d) the items you advertise on The Tot Loft:
(i) conform in all material respects to any pictures or descriptions that you upload to The Tot Loft;
(ii) are safe to use in accordance with any reasonable instructions that you provide to the renter;
(iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the renter;
(iv) can be legally offered for hire.
9.3 You are free to agree any other terms on which you hire an item to a renter, including the price you wish to charge to the renter for hiring your item for the relevant hire period (the "Hire Fee"). When you post items for hire on The Tot Loft, you must ensure that the Hire Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes or costs of delivery.
9.4 Once you agree the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.
9.5 You can remove a listing or cancel your agreement to lend an item to a renter at any time up to 48 hours before the start of the relevant hire period or with subject to agreement with the renter. If you cancel an agreement to hire an item to a renter less than 48 hours before the start of the hire period, we may charge you a cancellation fee equal to 40% of the relevant Hire Fee.
10. Renter Specific Terms
10.1 This paragraph 10 applies to you if you are a renter.
10.2 When you agree to hire an item with a lender, the lender grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.
10.3 You are responsible for ensuring that:
(a) you are legally allowed to use any item that you borrow through The Tot Loft;
(b) you comply with all applicable law when using the item;
(c) you comply with any reasonable directions provided by the lender in order to use the item safely;
(d) you return the item in the same condition as it was in when you collected or received it from the lender.
10.4 You are free to agree with the lender how you will return any items you have hired to the lender; however, you must ensure that return any items you have hired to the lender before your hire period ends unless otherwise permitted by the lender.
10.5 You will be responsible for any loss of or damage to the item you have hired. Please see paragraph 15 for more information about how we handle disputes between renters and lenders, including any if the item is damaged, lost or stolen.
10.6 You can cancel a request to borrow an item at any time before the request is accepted by the lender, or at any time up to 48 hours after the request is submitted, known as the 'cooling off period'. There is no cooling off period if the request is within 48 hours of the start date unless permitted by the lender. If you cancel before the request has been accepted, or within the cooling off period you will receive a full refund.
10.7 If you fail to return an item by the agreed deadline you must contact the lender and or The Tot Loft to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately unless agreed with the lender. The lender may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the lender within a timeframe that suits the lender. If you do not do so you will be liable to pay late fees, which will be 20% of retail value per day ("Late Fees"). You agree that The Tot Loft can charge this amount from your card or bank account without further permission.
10.8 If you miss the agreed deadline for return, and are uncommunicative with the lender or The Tot Loft you agree that we can take a holding deposit from your account up to the full value of the items you have ("Holding Deposit"). This deposit will be fully refundable, less any fees owed to the company or lender, once the items are returned. If the items are not returned, it will not be refunded.
11. Fees and payment
11.1 If you are a lender, you will collect the Hire and Delivery Fee from the renter as you see fit outside of the platform. The payment method and timings should be agreed between the lender and the renter.
11.2 If you are a renter, once you have agreed to hire an item, you should arrange payment to the lender as agreed.
11.3 When you create your Account, you will need to provide us with valid, up-to-date and address, phone number and email address. When you agree to borrow or buy an item, you agree to pay the relevant Hire Fee, Delivery Fee and Renter Fee agreed to the lender and hereby confirm that the details you provide are accurate and that you have the right to use the payment method agreed.
11.4 If the lender is unsuccessful in charging the Hire Fee, Borrower Fee, Late Fee, Settlement Fee or any other amount to your agreed method of payment and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to The Tot Loft (without any responsibility to you), and we shall be under no obligation to provide any or all of The Tot Loft while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or the lender. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
11.5 The Tot Loft reserves the right to request proof of payment from renters and acknowledgement of payment from lenders in the case that any disputes may arise. See section 15 for more information on settling disputes.
12. Your content
12.1 You confirm that any images, text or information that you upload to The Tot Loft, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use.
12.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing The Tot Loft (including allowing users that you give access to any User Content to view and use your User Content).
12.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
12.4 Our right to use your User Content does not in any way affect your privacy rights.
12.5 We have the right to monitor any User Content and to reject, refuse or delete any User or User Content where we think that it breaks any of the Rules of Acceptable Use.
13. Rules of Acceptable Use
13.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of The Tot Loft (the "Rules of Acceptable Use").
13.2 When using The Tot Loft you must not:
(a) circumvent, disable or otherwise interfere with any security related features of The Tot Loft;
(b) give any false or misleading information, impersonate any person or permit any other person to use The Tot Loft under your name or on your behalf unless such person is authorised by you;
(c) use The Tot Loft if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
(e) promote or advertise any goods or services, other than items you, as a lender, make available for hire through The Tot Loft;
(f) send any unsolicited marketing communications through The Tot Loft;
(g) modify, interfere, intercept, disrupt or hack The Tot Loft;
(h) misuse The Tot Loft by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of The Tot Loft or any user of The Tot Loft's own equipment;
(i) collect any data from The Tot Loft other than in accordance with these Terms and Conditions;
(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(l) use any User Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about lenders or items, submit or contribute any information or commentary about another person without that person's permission;
(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and The Tot Loft employees);
(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access The Tot Loft in a manner that send more request messages to The Tot Loft than a human can reasonably produce in the same period of time;
(p) enter into any agreement to lend or rent any item other than through the The Tot Loft app or platform with any other user who you initially met through The Tot Loft. Doing so is "Fee Avoidance" and you will be liable for double the fees avoided, or a £200 fine (whichever is more) for each instance of doing so.
13.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use The Tot Loft app or platform or any other portion of The Tot Loft;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.4 The responses described in paragraph 13.3 are not limited, and we may take any other action we reasonably deem appropriate.
14. Notice and takedown policy
14.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through The Tot Loft infringes their rights. The Infringement Notice should be sent via the contact us page
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through The Tot Loft infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
14.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
15. Resolving disputes between lenders and renters
15.1 We encourage users to resolve any disputes directly. If, as a renter, you have lost or damaged an item, you are responsible for reimbursing the lender immediately for the full value of repairing the item (if possible) or replacing it.
15.2 If you are a lender, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a borrower. Where you claim that a borrower has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a borrower, to support your claim that any damage was caused by the borrower (and was not present at the start of the hire period).
15.3 In the event that a renter and a lender are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we, the lender and the renter determine are payable by the renter to compensate the lender for any loss or damage to the item. We will charge this amount to the renter in addition to any amounts the renter is required to pay to the lender (together known as the "Settlement Fee"). If The Tot Loft mediates the dispute you agree to accept By Rotation's conclusion and pay any amount which The Tot Loft determines you are liable for.
15.4 If you owe The Tot Loft or another user money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, The Tot Loft may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
16. Lender Guarantee
16.1 In the event that you are unable to recover the cost of repairing or replacing an item or the estimated value of the item, we may reimburse you any such amounts on a case by case basis along with proof of purchase and photos prior to sending out the item.
16.2 If you are a renter, any payment we may make to the lender will not affect your obligation to pay for the items that have been lost, stolen or damaged, but this obligation will be owed to us, rather than the lender.
17. Ending our relationship
17.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or The Tot Loft, you must immediately stop using The Tot Loft and cancel your subscription.
17.2 You must notify us if you wish to close your Account by contacting us using the details and functionality in your account.
17.3 We may immediately end your use of The Tot Loft if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using The Tot Loft including these Terms and Conditions.
17.4 We may also withdraw any part of The Tot Loft at any time and will notify you if we feel it will significantly affect your usage of The Tot Loft.
17.5 If you or we end your use of The Tot Loft or we withdraw The Tot Loft as described in this section, we may delete your User Content, any other information that you have uploaded to The Tot Loft or any other information we hold about you. You will also lose any rights you have to use The Tot Loft or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on The Tot Loft, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use The Tot Loft or any such information, content or User Content.
17.6 The termination of your use of The Tot Loft and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
17.7 Nothing in this paragraph 13 affects any legal rights you may have under the law of the country in which you are resident.
18. Our liability/responsibility to you
18.1 While we will do our best to ensure that The Tot Loft platform or app itself is of a reasonable standard and quality and matches any descriptions we have provided you, The Tot Loft platform and any other portion of The Tot Loft may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
18.2 In addition, due to the nature of the Internet and technology, The Tot Loft is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of The Tot Loft will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of The Tot Loft in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
18.3 In the event of a claim arising out of the provision of The Tot Loft, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
18.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
18.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
19. Resolving disputes with us
19.1 If you have a dispute with us relating to The Tot Loft, in the first instance please contact us using the contact us form.
19.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
20. Changes to The Tot Loft
20.1 We are constantly updating and improving The Tot Loft to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and The Tot Loft.
20.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of The Tot Loft, or feature relating to The Tot Loft ("changes to The Tot Loft "). These changes to The Tot Loft may affect your past activities on The Tot Loft, features that you use, your User Content and any other information you submit to The Tot Loft ("Service Elements"). Any changes to The Tot Loft could involve your Service Elements being deleted or reset.
20.3 You agree that a key characteristic of The Tot Loft is that changes to The Tot Loft will take place over time and this is an important basis on which we grant you access to The Tot Loft. Once we have made changes to any part of The Tot Loft, your continued use of The Tot Loft will show that you have accepted any changes to The Tot Loft. You are always free to stop using The Tot Loft.
21. The Tot Loft Platform/App
21.1 This paragraph 21 applies when using The Tot Loft platform or app (the "Distribution Platform "):
(a) you acknowledge that these Terms and Conditions are between you and The Tot Loft, and not with the provider of the Distribution Platform ("Store Provider");
(b) your use of The Tot Loft platform or app must comply with the Store Provider's then-current Distribution Platform Terms of Service;
(c) the Store Provider is only a provider of the Distribution Platform where you accessed The Tot Loft website;
(d) The Tot Loft, and not the Store Provider, is solely responsible for The Tot Loft platform or app;
(e) the Store Provider has no obligation or liability to you with respect to The Tot Loft platform or app or these Terms and Conditions; and
(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to The Tot Loft platform or app.
22. The Tot Loft beta trial
22.1 You acknowledge that this service is being provided on a trial basis as part of The Tot Loft beta trial and as such there may be times that the full service is unavailable. You accept the terms and conditions outlined in this contract.
23. Changes to the documents
23.1 We may revise these Terms and Conditions from time to time but the most current version will always be available here, in the Terms & Conditions section of The Tot Loft platform or app.
23.2 Changes will usually occur because of new features being added to The Tot Loft, changes in the law or where we need to clarify our position on something.
23.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
24. Documents that apply to our relationship with you
24.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
24.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of The Tot Loft. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
24.3 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
25.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of The Tot Loft, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of The Tot Loft heard in the courts of that country.
26. Contact, feedback and complaints
26.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please use the contact us form on our website.
26.2 We value hearing from our users, and are always interested in learning about ways we can improve The Tot Loft. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.