Toolscab OÜ General Rental Terms
Effective from 29.11.2023
Table of Contents
3. Fees, Penalties, and Compensation
6. Your Obligations and Responsibilities
“Client Agreement” - the agreement between you and us, which includes these General Terms
“Account” - a unique user account associated with your person in our system, allowing you to use the Services
“Agreement” - the Client Agreement and the Rental Agreement
“Payment Method” - a debit or credit card issued to you by a bank or payment institution or another payment method supported by the Application
“we” - Toolscab OÜ, registration code 14215193, address Laki 16, 10621 Tallinn, email info@toolscab.ee; the owner of the Website, Application, and Devices, and the provider of the Services
“Application” - the ToolsCab application used on Android and iOS mobile devices
“Rental Agreement” - the device rental agreement concluded between us and you, consisting of the General Terms and the special conditions agreed upon through the Application
“Fee” - the fee payable by you to us for the use of the Devices
“Device” - a device owned by us and provided to you for use for a fee, along with all its accessories (including batteries, chargers, packaging, and manuals)
“Service” - the provision of the Device(s) to you for use under the Rental Agreement for a fee
“you” - a natural person who uses the Website, Application, and/or Services
“General Terms” - these ToolsCab general terms
“Website” - the website at https://toolscab.ee
2.1 To use our services, you must have (i) a valid Client Agreement, (ii) the Application installed on your mobile device, (iii) an active Account, and (iv) a valid Payment Method with sufficient limit to pay the Fee.
2.2 The Client Agreement is concluded upon the creation of the Account and ends upon the closure of the Account.
2.3 Installation and Use of the Application
2.3.1 To install and use the Application, you must have a supported operating system (latest versions of Android and iOS) and a smart device with an internet connection. To install the Application, you must agree to the terms of use of the respective Google or Apple application distribution environments. There are no specific technical requirements for the internet connection, but the speed of the connection may affect the user experience and availability of the Service.
2.3.2 To provide you with the Services, we may track the location of your mobile device while using the Application.
2.3.3 In case of errors in the Application, we will do our best to resolve them as quickly as possible, but you understand and acknowledge that the use of the Application may occasionally be limited due to technical errors, and we cannot guarantee the uninterrupted and error-free operation of the Application. We are not responsible for any damage caused by the non-functioning of the Application or the inability to use it as desired.
2.3.4 As long as you comply with the General Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Application on your personal device solely for the purpose of using the Services.
2.4 Creating and Activating an Account
2.4.1 When creating an Account, your mobile phone number is associated with your Account and added to our database. To create an Account, you must provide the required information in the registration form and confirm that you have read and understood the General Terms and our privacy notice.
2.4.2 By creating and using an Account, you:
(b) undertake not to allow third parties to use your Account;
(c) agree that to access and maintain the Services, we may require you to verify your identity with an identity card or other government-issued photo ID and/or compare your disclosed personal data with your Payment Method data;
(d) are responsible for access to your Account and the control and security of your Account, and for all actions taken through your Account, except when you have reported misuse of your Account in accordance with General Terms point 2.5.1;
(e) agree to our right to temporarily suspend or block your Account to the extent necessary (i) to ensure the lawful use of the Application, including fraud prevention, risk analysis, investigation, and customer support purposes; (ii) to ensure that you comply with the General Terms; (iii) to comply with a legal act, court order, or order of a law enforcement or other administrative or governmental authority; or (iv) to ensure compliance with any other condition of the Agreement.
2.4.3 To activate the Account, you must specify a valid Payment Method in the Application or on the Website.
2.5 Blocking and Closing the Account
2.5.1 We will block your Account if you notify us thata third party has gained or may gain access to the Account, including if the data required to log into the Account or your mobile device on which the Application is installed is lost or has come into the possession of a third party.
2.5.2 We may block your Account if (i) we have knowledge or reasonable suspicion that any of the circumstances listed in point 2.5.1 have occurred without you notifying us, or (ii) the Payment Method has become invalid.
2.5.3 We may block or close your Account if (i) you have not fulfilled your obligations set out in points 2.4.2 (a) or (b), or (ii) if we deem it necessary to ensure the lawful use of the Application and Services, including fraud prevention, risk analysis, and customer support purposes, or (iii) to comply with a court order or order of a law enforcement or other competent authority.
2.5.4 We will reactivate the Account once the reason for blocking it has been resolved.
2.5.5 If we have closed the Account, we have the right to refuse you the opening of a new Account.
3. Fees, Penalties, and Compensation
3.1 By entering into the Rental Agreement, you agree to pay us the Fee.
3.2 The Fee is the product of the usage time calculated according to the minute rate and point3.3, but not less than the minimum rent and not more than the maximum rent per day of usage. The minute rate, minimum rent, and maximum rent per day are shown in the Application and on the Website.
3.3 The usage time of the Device is calculated in minutes from the moment the use of the Device starts or, in the case of a paid reservation, from the end of the free reservation period until the use of the Device ends and the Device is returned.The length of the free reservation period is shown in the Application.
3.4 If you violate the terms of the Rental Agreement (including if you do not put the batteries of the returned Device on charge and/or if you return a dirty or damaged Device), we may charge you the penalty fee published in the Application and/or on the Website, and if the damage caused by the violation exceeds the penalty fee, also compensation for the damage.
4.2 You undertake to ensure that the Payment Method is valid and that its available limit is sufficient to fulfill all your obligations under the Rental Agreement. If your Payment Method becomes invalid, you undertake to immediately specify a new valid Payment Method in the Application or on the Website.
4.3 When reserving a Device, we may reserve the minimum rent amount on your Payment Method to ensure the validity of the Payment Method. If we cannot debit the full amount owed to us from the Payment Method associated with the Account (including due to insufficient funds and/or exceeding the payment limit), we may (i) require the immediate return of the Device and/or (ii) use other payment methods and means at our discretion to collect the debt. You undertake to reimburse all costs incurred by us in collecting the debt, including reasonable legal fees, if you do not pay the amounts due on time.
4.4 If the rental period is longer than one day, billing will take place every 24 hours.
4.5 If you disagree with the penalty fee(s) and/or compensation(s), you can always contact us using the contact details provided in the header of the General Terms, on the Website, and/or in the Application.
4.6 We have the right to set a credit limit for you at our discretion for the use of the Services and to change it at any time at our discretion, notifying you of such changes through the Application and/or the Website.
4.7 After each Service is provided, we will issue you a receipt for the rent payable or paid for the Service, which will be made available to you through the Application and/or the Website.
5.1 Devices may be equipped with an electronic hardware device that secures the Device and may transmit information about the Device's location to us.
5.2 Conclusion of the Rental Agreement and Device Reservation
5.2.1 The Rental Agreement is considered concluded at the moment you confirm the Device reservation in the Application.
5.2.2 By reserving a Device, you confirm that you are aware that by confirming the reservation, you lose your statutory right to withdraw from the concluded Rental Agreement. Your right of withdrawal remains if we have not fulfilled all our obligations due at the time of the withdrawal request, especially if you cannot start using the Device due to reasons dependent on us.
5.2.3 You can reserve a Device for free for the period indicated in the Application. The free reservation period starts when you click the "Reserve" button (or equivalent button(s)) in the Application. If you do not start using the Device or cancel the reservation within the free reservation period, the usage time will automatically start at the end of the free reservation period.
5.2.4 If you have not started using the Device within the period indicated in the Application, we may cancel the reservation, notifying you through the Application and/or the Website.
5.3 Starting the Use of the Device
5.3.1 Upon reaching the device rental locker, you must follow the instructions displayed in the Application to open the locker.
5.3.3 If you have not notified us of any defects or damages, the Device is considered to be taken into use by you from the moment the rental locker door is opened.
5.4 Ending the Use of the Device
5.4.1 You must return the Device in a condition no worse than when it was received, taking into account normal wear and tear.
5.4.2 You can end the use of the Device at any time by:
(a) ensuring that the returned Device is complete and cleaned after use;
(b) returning the Device to the locker indicated in the Application; and
(c) selecting the "End Rent" command (or equivalent button(s)) in the Application.
5.4.3 The usage time ends and the Device is considered returned after performing the actions mentioned in point 5.4.2 and the automatic check of the locker locking. If the usage time does not end, you must immediately notify us through the Application or using the contact details provided in the Application and stay by the locker until our customer service provides further instructions.
5.5 Actions in Case of Accidents, Damages, Defects, and Repairs
5.5.1 If the Device malfunctions, makes suspicious noises, or can no longer be operated safely, you must immediately: (i) stop using the Device, (ii) take all reasonably necessary actions to prevent further damage to the Device, other property, and/or any person, (iii) notify us through the Application or using the contact details provided in the Application, and (iv) follow our further instructions.
5.5.2 You must also immediately notify us if you discover the theft or loss of the Device.
5.5.3 After consulting with us, you must take necessary measures to preserve evidence and mitigate damages.
5.5.4 We have the right to unilaterally end the usage time.
5.6 Termination of the Rental Agreement
5.6.1 The Rental Agreement ends when you have (i) returned the Device or notified us of the theft or loss of the Device and (ii) fulfilled all your financial obligations under the Rental Agreement.
6. Your Obligations and Responsibilities
6.1 You must:
(a) handle and use the Device according to its intended purpose, regularly and diligently, follow the manufacturer's user manual, and use it safely and carefully, in an environmentally friendly manner;
(b) diligently protect the Device from theft;
(d) check for any obvious defects before using the Device;
(e) keep the Device clean and in order;
(f) comply with all applicable laws and regulations when using the Device; and
(g) immediately disclose the exact location of the Device to us upon our request and allow us to inspect the Device upon our request.
6.2 You must not:
(a) allow a third party to use your Account;
(b) allow a third party to use the Device or hand over the Device to a third party;
(c) use the Device for misdemeanors, crimes, or other activities prohibited by law;
(d) excessively dirty the Device;
(e) repair or modify the Device yourself or allow a third party to do so;
(f) conceal damages to the Device incurred during use or evade responsibility for the damage;
(g) intentionally disrupt or interfere with the normal operation of the rental lockers, Application, Website, hardware devices installed to ensure the security of the Devices, or any of our other IT systems, or attempt to gain unauthorized access to them; and
(h) transfer your rights or obligations under the Agreement without our prior written consent.
6.3 You are responsible for:
(a) all damages to the Device, yourself, us, or third parties caused by you or a third party using the Device while it is in your possession or in the possession of a third party to whom you have handed over the Device in violation of the Agreement;
(b) paying all Fees, penalties, and compensations provided for in the Agreement.
6.4 If you damage the Device, your liability is limited to the purchase price of the Device. This limitation of liability applies only if (i) the Device has been used in accordance with this Agreement, (ii) the damage to the Device was caused by your accidental negligence, (iii) the damage was immediately reported in accordance with point 6.1(c), and (iv) you cooperate with us to resolve the situation. The limitation of liability does not apply if you have violated the Agreement and/or the damage was caused by your intentional act or gross negligence.
6.5 You are not liable for damages caused by us and/or a third party, except when you are liable for the actions of a third party under the Agreement.
6.6 You are not liable for defects resulting from previous use, operation, or normal wear and tear of the Device, provided you notify us of the discovery of such defects in accordance with point 5.3.2 and follow our instructions.
6.7 In the event of any breach of the Agreement, including any failure to make a payment by the due date, we have the right to suspend or terminate the provision of Services to you and/or temporarily or permanently block your access to the Application and Account. We will notify you of this via email or through the Application.
7. Our Obligations and Responsibilities
7.1 We ensure that the Device is in good condition and suitable for use and operation. Defects or malfunctions that do not affect safety or performance, as well as defects not caused by improper maintenance of the Device, are not considered defects.
7.2 In no event shall our total liability for all claims arising from the Agreement, including non-contractual damages or claims based on other grounds, exceed the purchase price of the Device or the amount paid to us for the Services during which the incident, accident, or event causing the claim(s) occurred, whichever amount is lower. However, we do not limit your right to claim compensation for damages or to use other legal remedies if our Services do not comply with the Agreement.
7.3 To the extent permitted by applicable law, we are not liable for any indirect damages that may be incurred by you or third parties in connection with your use of the Services or your inability to use the Services, including lost profits of you or third parties.
7.4 We are not responsible for any items returned with the Device, whether they belong to you or a third party. If reasonably possible, we will return any foreign items found in the rental locker or transport box to you. Unreturned items will be destroyed or donated.
8.1 Termination of the Client Agreement
8.1.1 Either party may terminate the Client Agreement at any time when there are no valid Rental Agreements or outstanding claims (including claims for Fees, penalties, or compensations) between us and you.
8.1.2 You may terminate the Client Agreement by closing your Account in the Application and ceasing to use the Application or by notifying us in a form that allows written reproduction.
8.1.3 We may terminate the Client Agreement by notifying you through the Application and/or using the contact details you have provided to us.
8.1.4 Withdrawal from the Client Agreement is not possible, but either party may terminate the Client Agreement at any time.
8.2 Termination of the Rental Agreement
8.2.1 We may terminate the Rental Agreement and demand the immediate return of the Device if we become aware that your Payment Method has become invalid or if we have reasonable suspicion that you have violated the Agreement.
8.2.2 We will notify you of the termination of the Rental Agreement through the Application and/or using the contact details you have provided to us.
8.2.3 In the event of termination of the Rental Agreement, the Fee calculation ends when the Device is returned or when you notify us of the theft or loss of the Device.
8.3 Withdrawal from the Rental Agreement
8.3.1 You may withdraw from the Rental Agreement without cause during the free reservation period. After the free reservation period, you may withdraw from the Rental Agreement only if you cannot start using the reserved Device due to reasons dependent on us.
8.3.2 You can notify us of your withdrawal from the Rental Agreement through the Application or by notifying us in a form that allows written reproduction.
9.1 We may amend the General Terms at any time by notifying you through the Application and/or the Website and/or using the contact details you have provided to us.
9.2 Amendments to the General Terms do not affect Rental Agreements in effect at the time the amendment takes effect.
10. Applicable Law and Dispute Resolution
10.1 The Agreement is governed by the law of the Republic of Estonia.
10.2 Disputes arising from the Agreement that cannot be resolved through negotiations will be resolved in the courts of the Republic of Estonia. If you are a consumer and your residence is in the European Union, you may also submit a claim to the consumer dispute resolution body of your country of residence (in Estonia https://komisjon.ee) or through the European Commission's online dispute resolution platform at https://ec.europa.eu/odr.