1. PURPOSE OF THE TERMS
Each of the terms mentioned below shall have the following meaning in these Terms:
· Biotradable Site: All services and functionalities linked to.
· Biotradable Platform: Functional and organizational structure set up by Biotradable to connect Providers and Customers of items including site, application and more generally any support allowing access to the services of Biotradable.
· User/You: Any natural person who accesses the site without necessarily being registered on it. By accessing our Site, you are considered as a User for the purposes of these Terms.
· Member: Any registered user (such as Provider or Customer) using the services and features offered on the Biotradable Platform. Each Member undertakes to provide accurate information as to their identity, address and other data.
· Provider: Member of the Biotradable platform putting online an item listing to lend or sell an item on the Platform.
· Customer: Member of the Biotradable platform who borrows or buys an item listed on the Platform.
· Lender: Member of the Biotradable platform who lists an item for lending on the Platform.
· Borrower: Member of the Biotradable platform who borrows an item listed by a Lender on the Platform.
· Seller: Member of the Biotradable platform who lists an item for sale on the Platform.
· Buyer: Member of the Biotradable platform who buys an item listed for sale on the Platform.
· Item: Objects that may be linked to a rental or purchase by the Biotradable Platform, with the exception of Prohibited Items (please see Section 5 on “Prohibited Items”)
· Service Fee: Fee paid to the Biotradable platform as a result of renting or selling activities. This constitutes the commission earned by Biotradable.
· Transaction Fee: Fee paid to Stripe services as a result of transferring money between parties.
· Price: Price per night or per item listed by the Provider to rent or sell an item. This constitutes the base of the commission earned by Biotradable.
· Security amount: An estimated collateral amount indicated by the Lender, part or total of which the Borrower is obliged to compensate the Lender in the case of damage or loss to lended item.
Biotradable is a company registered in Luxembourg (under registration number 10093388/0) whose principal place of business is Technoport S.A 9 Avenue des Hauts-Fourneaux, 4362 Esch-sur-Alzette, Luxembourg.
Upon registration (including registration via a third party application or service), each Member using the Biotradable Platform with the purposes of listing an item for rent or sale, borrowing or buying a listed item, or using the Site within the scope of the services offered, is accepting these Terms.
Accepting these Terms means that you agree to the following:
· As a Borrower using the services of Biotradable, you comply with the general rules as well as the rules set out for Borrowers described by these Terms;
· As a Lender using the services of Biotradable, you comply with the general rules as well as the rules set out for Lenders described by these Terms;
· As a Buyer using the services of Biotradable, you comply with the general rules as well as the rules set out for Buyers described by these Terms;
· As a Seller using the services of Biotradable, you comply with the general rules as well as the rules set out for Sellers described by these Terms
By accepting these Terms, you acknowledge that you are also accepting the terms and Stripe payment service terms and conditions. The terms of service between Stripe and Biotradable are available here.
For any help with using the Biotradable Service please see the “How it works” and “FAQs” pages. If you have any further questions, complaints or comments about the Biotradable Service, please contact us directly at .
Biotradable reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Services and Terms. All changes will be effective once published on the Site. Any material changes will be communicated to all Members.
Use of the Site after these changes have been published constitutes your acceptance of the modifications. If any changes to the Service or Terms are detrimental to you, you may, at any time, choose to end your Membership on the Biotradable Platform (see Section 18 titled “Unregistering from the Biotradable Platform”).
Biotradable is an intermediary only
The Biotradable Platform allows the conclusion of rental and purchase agreements between Providers and Customers, but does not play a part nor hold responsibility of them. The Site is an online marketplace solely designed for purpose of bringing together those who want to lend or sell their items with those who are willing to borrow or buy those items. All rental and sale transactions are between users only; you are not borrowing or buying from, or lending or selling to Biotradable but from/to another user of the Biotradable Service who has signed up as a Provider or Customer. As such, Biotradable does not directly intervene in the transaction between the Provider and the Customer.
Any agreement for the rental or sale of any items through the Biotradable Service is exclusively and directly between the relevant Provider and Customer. Biotradable cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of Users of the Biotradable Service.
Although we do our best to ensure specific controls, Biotradable has no control over the quality, safety, morality or legality of the items listed, the truthfulness or accuracy of the content or advertisements of the Provider, their ability to rent or sell the said items, nor the capacity of the Customer to pay for the said items. Biotradable cannot guarantee that the Items will be returned to the Lender undamaged or that the items will not be lost.
Biotradable holds no right, title, or interest in any products or items listed on the Site, and does not transfer legal ownership of items from the Seller to the Buyer.
Biotradable cannot guarantee the true identity, age, and nationality of a User. Even though we verify the documents of potential Borrowers, we cannot be held responsible in cases of document fraud. We encourage each User to communicate directly with potential or current transaction parties through the tools available on the Site.
As an intermediary in any transactions carried out through the Biotradable Service, Biotradable has the discretion to cancel any listing posted by a Provider, any request of the Customer to borrow/buy an item, or any transaction via a written notice to the parties involved. This will only be done if Biotradable reasonably believes such listing, request or transaction does not comply with these Terms.
5. PROHIBITED ITEMS
The following types of items are prohibited on Biotradable and cannot be rented or sold:
Biotradable reserves the right to remove any such items from the Biotradable Platform.
6. USING THE BIOTRADABLE PLATFORM
6.1. Conditions of Registration and Membership
All users wanting to create a listing or use Biotradable services to rent or buy an item need to create a verifiable account via registration.
Registration and setup of the user account are free of charge. Minors under the age of 18 and other non-legal or limited-legal natural persons are not permitted to register.
By submitting the registration form and ticking the indicated box, the User agrees to the terms and conditions of Biotradable.
The User is the sole responsible for their own use of the Site and is responsible to comply with all applicable laws.
6.2. Vetting process
All users that engage in a transaction to borrow an item need to go through a document identification process where their ID documentation (passport, national identity, drivers license or other forms of internationally-recognized ID documents) is scanned and verified by a third party service provider IDCheck.io. IDCheck.io does not keep this data and nor can they use it for any purpose. All data extracted from user documentation is retained by Biotradable for one year and may only be used in cases where fraud is detected or where a dispute process is in place. This data will never be used for commercial purposes nor transferred to any other third parties.
6.3. Password and Member Account
If the User has lost access to their personal data or in the event that the User suspects that a third party has access to their personal data, Biotradable needs to be notified immediately.
6.4. Refusal of Registration and Termination of Membership
Biotradable reserves the right to refuse a user's registration or terminate their membership without giving reasons, in the event of the following:
· Violation these Terms, or other Biotradable Policies
In the case of a termination of the user account, the affected user is prohibited from registering with Biotradable and opening a new user account unless prior written consent of Biotradable has been given.
6.5. Communicating with other Members
Members may communicate directly with other members by using the Messaging feature.
Messaging shall not include sending unsolicited advertising or promotions, requests for donations or spam, harassment or abuse, or the intention of forming an agreement outside the Terms for the purposes of Fee Avoidance (See Section 6.6.5 on “Fee Avoidance” for further details).
6.6. Fees and Payment
Access, registration and usage of the Site are free.
Unless posted otherwise, our fees are indicated in Euro (€) and are inclusive of VAT.
You are responsible for paying all fees and applicable taxes associated with using our site.
6.6.1. Rental Transactions
The "Rental Fee" means the nightly rate you have agreed to pay for an item as a Borrower multiplied by the number of nights that you have agreed to borrow the item.
Biotradable collects a 25% rental transaction fee as commission, which includes fees arising from servicing, payment processing and vetting. This means that:
· A commission of 15% of the Rental Fee will be charged to the Lender, and;
· A commission of 10% of the Rental Fee will be charged to the Borrower
Together, these fees constitute the “Biotradable Rental Commission” indicated and referred to hereafter as “Service Fee”.
In cases of Renting upon Approval, where as a Borrower, you submit a request to borrow a particular item and that request is approved by the Lender; or in cases of Quick Renting, you will be charged the full Rental Fee plus the 10% Service Fee.
As a Lender, upon approval or Quick Rent, you will receive the Rental Fee minus the 15% Service Fee due to you after the scheduled start of the rental.
6.6.2. Selling Transactions
Biotradable collects a 5% selling transaction fee from the Seller as commission, which includes fees arising from servicing and payment processing. This means that:
· A commission of 5% of the selling price will be charged to the Seller, and;
· No commission will be charged to the Buyer.
This fee constitutes the “Biotradable Selling Commission” indicated and referred to hereafter as “Service Fee”.
As a Seller, upon a successful transaction, you will receive the full Sale Fee minus the 5% Service Fee on each sale.
All Payments made through the Biotradable platform are processed by Stripe and are subject to the , which includes the (collectively, the "Stripe Services Agreement").
By agreeing to these Terms, you also accept the Stripe Services Agreement, and agree to provide Biotradable accurate and complete information about yourself and your business (if applicable); which you authorize Biotradable to share with the Stripe Service along with transaction information related to your use of Stripe’s payment processing services through the Biotradable platform.
6.6.4. Changes to fees and charges
Biotradable has the sole discretion to make changes or additions to the fees and charges. In case of any such change, members will be notified by email in advance. If you do not agree to the change, you may cancel your membership (see Section 18 on “Unregistering from the Biotradable Platform”).
“Fee Avoidance” is strictly prohibited by Biotradable, and constitutes any action by a Member to avoid paying a fee to Biotradable or any other practice which may avoid or lower the amount of Biotradable Commission that would otherwise have been payable had the transaction been completed using the Biotradable Service. This means that a transaction initiated on Biotradable may not be completed outside of the Biotradable Platform.
For example, Providers may not alter the item's price after a transaction for the purpose of avoiding Biotradable transaction fees, misrepresent the item’s location, or use another user's account without permission.
In the event of engagement by any user(s) in any Fee Avoidance, regardless of whether attempts are successful or not, Biotradable has the right to undertake a number of actions including; a fine of up to EUR100 as a penalty charged to the User; limiting access of the User to Biotradable services; or suspending or terminating the User’s account.
Both Providers and Customers are encouraged to submit feedback to the Service following the completion of each transaction.
You agree that your review will not contain private information, abusive or harassing content, advertising or spam, or content that will undermine the integrity of the review system offered by Biotradable.
Biotradable reserves the right to remove reviews that violate the Terms.
All sellers are encouraged to outline return policies for their listing that are reasonable, in good faith and in compliance with these Terms. Sellers are responsible for enforcing their own reasonable policies. Biotradable reserves the right to request that a seller modify a listing return policy.
9. CONTENT POSTED ON THE SITE
9.1. Responsibility of the User
All Content posted on or linked from the Site, is under the sole responsibility of the Owner of the Content. As a User, you are solely responsible for any Content that you post, email or otherwise make available through the Site. By posting Content, you accept that you have all necessary rights to your Content and that publication of your Content through the Biotradable Platfom will not infringe on the rights (including intellectual property rights) of any third party.
Biotradable does not control, monitor or moderate Content made available through the Site; and, despite our best efforts to prevent such occasions, the features of the Biotradable Service may at times be misused with misleading or deceptive content being posted or links uploaded. As such, you must evaluate and bear all risks associated with the use of any Content posted or uploaded. Biotradable is not liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site.
In cases where Biotradable becomes aware of Content that does not comply with the Terms, Biotradable has the right, but not the obligation (except as required by law), in its sole discretion to refuse, delete or move any Content that is available on or through the Site.
9.2. Permission to use Your Content
9.3. Removal of Your Content
Biotradable may, without notice or delay, remove or request the removal of content from the Site; suspend or terminate your right to add content to the Site; or suspend or terminate your access to the Biotradable Service in general, in the event of the following:
Reporting abusive, threatening, or infringing content
If you detect Content on the Site that is abusive, offensive, or in any way in breach of the Terms, please immediately report it at .
10. USE OF THIRD PARTY INFORMATION
You are solely responsible for the information you provide to us or to other users on the Site when using the services of Biotradable. This information includes your registration, Item Listings, transactions, reviews, messages, or any other information you may publish on the Site. Biotradable acts as a passive intermediary in publishing them online.
By accepting these Terms, you accept to only use the personal information of other Members provided to you through the Site, in order to (a) close a transaction that does not involve unsolicited commercial messages, or (b) use third party services provided via Biotradable (sequestration, claims and communications in case of fraud), or (c) for any other use authorized by the User; and in accordance with applicable laws and these Terms.
We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other content), also known as "Third Party Material", to supplement your content. As Third Party Material may be subject to copyright, trademark and/or other protections, you agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Material (other than by including such Third Party Material in your listings). This permission is subject to modification or revocation at any time at our sole discretion. Any such modifications or revocations in respect of any Third Party Permissions will be announced on the Biotradable Site.
If you notice inaccuracies in this Third Party Material after your Content is published on the Biotradable platform, please contact us immediately at .
11. INTELLECTUAL PROPERTY
All intellectual property rights (including any copyright, trade mark or patents) in any part of the Site are owned by or licensed to Biotradable. As such, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Biotradable Platform other than for your own personal use.
12. PROPRIETARY RIGHTS
We believe in respecting the intellectual property rights of others. If you as the User of the Site believe your copyright, trademark or other property rights have been infringed upon by a posting on the Site, please contact us immediately at .
13. USER LIABILITY
As a User or Member, you are liable for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.
The user is obliged, in the case of a claim or dispute opened against them, to provide, without delay, truthfully and completely, all the information necessary for the examination of the claims and/or dispute as well as the defense.
If you refuse to pay for any damage caused, or to pay any amount that you owe to Biotradable or any User of Biotradable Platform, within the timeframe given to you by Biotradable; we reserve the right to engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.
13.1. Taxes, Licenses and Certifications
As a Provider or Customer, you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. Biotradable does not take responsibility for any fees or taxes resulting from any transaction or use of our Services or Site. If you are unsure, we recommend that you seek advice from a tax professional.
As a Provider or Customer, it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. Biotradable has no responsibility over nor makes any representation or guarantee about licensing or certification of its Users or Members.
14. OUR LIABILITY
Biotradable is liable for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.
Nothing in these Terms is intended to affect or undermine the legal rights or other rights to which you may be entitled.
Biotradable is not liable for the acts of any third party using the Biotradable platform, nor for the acts of users with respect to the transactions they enter into using the Biotradable Services.
Biotradable is not responsible for any losses to the User in circumstances where the User’s account is used by someone else, unless this is caused by our negligence.
In addition, Biotradable is not liable for losses or damages outside of our control (i.e. not arising from a breach of our responsibilities); for indirect unforeseeable losses (such as loss of profits or opportunity); user content that is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; for the failure to provide our services due to events beyond our reasonable control (such as natural disasters, war, terrorism, nuclear accident, etc.).
14.1. Service Access
Biotradable will, without guarantee, and on a best efforts basis, maintain an uninterrupted service. However we cannot guarantee a continuous, error-free and secure service at all times. While we do our best to provide a continuous, uninterrupted service, we cannot be liable for interruptions to our service that are beyond our control (such as maintenance, upgrades and emergency repairs or failure of telecommunications links and equipment).
Biotradable has the exclusive right to suspend access to the Site due to operational or regulatory circumstances.
Biotradable is not liable for failures to access the Site.
15. THIRD PARTY RIGHTS
Nothing in these Terms grants any third party any benefits or rights.
16. PERSONAL INFORMATION
Biotradable will not disclose your personal information to third parties without your consent except in accordance with our which states that, among other things, you agree to the collection, transfer and use of your personal information as well as their use for purposes of identity verification, anti-money laundering (AML) and know your customer (KYC) checks.
By signing up to Biotradable, unless otherwise specified, you agree to receive direct electronic marketing communications from Biotradable.
Biotradable holds no responsibility for any known or unknown claims, demands or damages (actual and consequential) arising out of disputes between users on the Biotradable Site.
In instances where users are unable to resolve an issue, they may open a dispute as a last resort and only when all other options available to them in their communication and exchange with the Other Party are fully and duly exhausted. By opening a dispute, the User takes on the burden of proof and agrees to provide Biotradable with further requested information or documentation where necessary in a timely and transparent manner and enables Biotradable to take conclusive action to resolve the dispute.
A fee will be charged to either Party in order to cover Biotradable’s dispute resolution service.
17.1. Rental Transactions
As a Lender, you have the option to open a dispute against your Borrower in case of damage or loss to your item.
Upon the resolution of the dispute in your favour, the Borrower becomes liable to you up to an amount equal to the Security Amount you have indicated for your item in order to compensate you for damage or loss.
Biotradable has the sole discretion to set an appropriate compensation amount for that item, determined in good faith and taking into account the reasonable representations of the parties.
17.2. Selling Transactions
As a Buyer, you have the option to open a dispute against your Seller.
For disputes between Sellers and Buyers, without prejudice to its rights set out in the Terms, Biotradable may either execute a refund to the Buyer’s account minus the Transaction or Service Fee or a transfer to the Seller’s account the amount of the Sale Price minus the Service Fee. In cases where the Service Fee is kept by Biotradable, this acts as a compensation for our dispute resolution service.
In cases where the Transaction Fee is deducted from the refund processed to the Buyer, also known as cases where the dispute is in the favour of the Buyer; Biotradable will charge a minimum penalty fee of EUR10 to the Seller for their next transaction on Biotradable. This penalty fee will be in addition to the next transaction they engage in where they are a customer, or will be deducted from the next payout they receive where they are a provider. Biotradable will compensate the Buyer an amount equal to the Transaction Fee deducted from their refund in their next transaction on the Website. This means that, this Transaction Fee will be deducted from their next purchase or rental as a Customer.
18. UNREGISTERING FROM THE BIOTRADABLE PLATFORM
You may cancel your Biotradable Account at any time via the “Unregister Your Account” feature or by sending an email to . Upon cancellation, Biotradable is under no obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or feedback.
19.1. Entire Agreement
19.3. Applicable Law
19.4. Assignment/Transfer By Us
Biotradable may, at its sole discretion and without prior consent of its Users, transfer its rights under the Terms (and any related claims) to any third party.
19.5. No Waiver
A delay or failure in exercising any right available to us under the Terms does not constitute a renunciation of that right.
20. USER RULES
20.1. Borrower’s Rules
Renting an item
By renting an item, you agree to the following:
pay up to the full Security Amount
If sufficient evidence proves that you as a Borrower have caused damage to the item, or lost it, you are under the legal responsibility to pay a compensation up to the security amount to the Lender. In the event of failure to pay the agreed compensation amount, Biotradable has the sole discretion to pass on your signed agreement along with any relevant information regarding your case to the Lender to take appropriate subsequent action.
20.1.1. Rental Agreement
By renting an item through the Biotradable Platform, you are agreeing to the Security Amount assigned by the Lender, for which you are liable in case of loss or damage inflicted due to your rental of the item. These terms are also outlined in the Rental Agreement you agree to prior to Checkout.
This Agreement is automatically stored as a PDF file in the Biotradable database. In case of any disputes opened against you, you will be provided access to this agreement. Biotradable may also use this Agreement in the process of a dispute in order to reach a resolution.
20.2. Lender's Rules
Lending an Item
By listing an item for rent, you agree to the following:
10. In case of damage to your item, you must provide sufficient evidence to the User with regards to the cost of the damage, and will only use your right to open a dispute once you have exhausted all other options for resolving the issue between you and the Borrower, and only as a last resort.
11. In the event of a dispute, you must provide sufficient evidence to Biotradable via the Biotradable Platform (i.e. the messaging function between you and the Renter for the specific transaction) to enable Biotradable to reach a reasonable, fair and objective outcome.
20.3. Buyer’s Rules
Purchasing an Item
By purchasing an Item, you agree to the following:
5. 7 days period will automatically translate into receipt of the item, unless otherwise stated. You are responsible to notify Biotradable immediately upon non-receipt of the item after 7 days.
6. You will only use your right to open a dispute once you have exhausted all other options for resolving the issue between you and the Seller, and only as a last resort.
20.4. Seller’s Rules
Selling an Item
9. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses.
10. You are obliged to complete the transaction with the buyer within 7 days, or notify the Buyer in cases where this period will be exceeded.
11. Given reasonable grounds and upon the request of the Buyer, you will cancel the transaction only when there is a reasonable ground to do so. Rejecting a cancellation request from the Buyer based on reasonable and justified grounds may conclude in a dispute against you (see Section 17 on Disputes for more information).