TOOLIO MARKETPLACE
Terms and Conditions - Version 1.1
Important: This version incorporates the verified live Stripe payment architecture. It is designed to cover C2C, B2C and B2B use. Toolio's payment role is described without asserting any regulatory exemption that has not been independently confirmed.
Key terms at a glance
- Toolio provides an online marketplace and payment-administration service. The Rental Agreement is between the Owner and Renter, not Toolio.
- A Rental Agreement becomes binding when the Owner has approved the request and the Renter has successfully completed the rental payment. Any required Deposit authorisation is a separate pre-handover condition.
- Toolio will normally attempt a required Deposit authorisation approximately 24 hours before the Rental Period begins. The Deposit is ordinarily a card authorisation, not an upfront charge.
- Private-to-private, trader-to-consumer and business-to-business rentals are covered. Extra consumer protections apply when an Owner acts as a trader and the Renter is a Consumer.
- Owners remain responsible for ownership, accurate listings, legal supply, maintenance, safety, recalls and required instructions. Renters remain responsible for competent, lawful and safe use.
- Toolio does not inspect or certify every Tool and does not provide rental insurance or guarantee recovery of loss.
- Deposit decisions are administrative payment decisions only. A defined evidence and response process applies, and either party retains legal rights against the other.
- Toolio charges 20% of the rental subtotal, subject to a minimum Platform Fee of £1 per completed Booking; the Deposit is excluded.
- Mandatory statutory rights and liabilities always prevail over these Terms.
1. About these Terms
1.1 These Terms govern access to and use of the Toolio website, application and related marketplace services (the Platform). They form a contract between each User and Toolio Ltd trading as Toolio (Toolio, we, us or our).
1.2 By creating an account, accepting these Terms, listing a Tool, requesting or completing a rental, or otherwise using the Platform, you agree to these Terms.
1.3 These Terms govern Toolio's Platform service. Each confirmed rental also creates a separate Rental Agreement directly between the Owner and Renter under section 9.
1.4 Our Privacy Notice explains our processing of personal information. It is transparency information and is not incorporated as a contractual promise except where the law requires otherwise.
1.5 If you act for a business or organisation, you confirm that you have authority to bind it.
1.6 Nothing in these Terms excludes or restricts a right, remedy, duty or liability that cannot lawfully be excluded or restricted.
2. Definitions
2.1 Business User means a User acting wholly or mainly in the course of a trade, business, craft or profession. Booking means a proposed or confirmed rental arranged through the Platform. Consumer means an individual acting wholly or mainly outside a trade, business, craft or profession.
2.2 Deposit means a card authorisation or other payment security shown for a Booking. Owner means the User supplying the Tool. Platform Fee means Toolio's marketplace fee. Rental Agreement means the contract between Owner and Renter. Rental Period means the confirmed start and end time. Renter means the User hiring the Tool. Tool means equipment listed on the Platform. Trader Owner means an Owner acting in the course of a trade, business, craft or profession.
3. Toolio's role
3.1 Toolio provides an online marketplace and payment-administration service enabling Users to list, discover, request and rent Tools.
3.2 Unless Toolio expressly states otherwise for a particular service, Toolio does not own, manufacture, maintain, repair, inspect, test, certify or supply User-listed Tools and is not a party to the Rental Agreement.
3.3 Toolio may moderate listings, administer payments and Deposits, restrict accounts, preserve evidence and take safety, fraud or legal-compliance action. Those activities do not transfer an Owner's or Renter's legal responsibilities to Toolio and do not amount to a guarantee that every Tool, listing or User has been checked.
3.4 Toolio does not guarantee identity, ownership, listing accuracy, Tool condition, suitability, competence, insurance, availability or successful completion of a Booking. Any Stripe or third-party verification is limited to the checks that provider performs.
3.5 Nothing in this section excludes Toolio's own responsibility for its Platform service, its own representations or any duty imposed directly on Toolio by law.
4. Eligibility, accounts and user status
4.1 Users must be at least 18, have legal capacity, and provide complete and accurate information.
4.2 Users must keep login credentials secure, notify Toolio promptly of compromise, and must not create accounts to evade restrictions, fees, reviews or verification.
4.3 When listing or renting, a User must accurately state whether they are acting privately or in business. Toolio may request evidence, reclassify status where reasonably justified, or restrict activity where a status appears misleading.
4.4 Trader Owners must provide the identity, geographic address, contact and other trader information required for the relevant transaction and keep it current.
4.5 Owners must complete payment-provider onboarding and verification required to receive payouts. Payment-provider verification is not a Toolio endorsement.
5. C2C, B2C and B2B transactions
5.1 For C2C rentals, both parties act privately. Statutory rules applying specifically to trader-consumer contracts do not become applicable merely because Toolio operates the Platform.
5.2 For B2C rentals, the Owner is a Trader Owner and the Renter is a Consumer. Mandatory consumer protections applying to the Rental Agreement take priority over inconsistent contractual terms.
5.3 Before a B2C Booking is concluded, the Trader Owner must ensure that the Renter receives all information required by applicable consumer law, including the trader's identity and contact details, main characteristics of the Tool/rental, total price and additional charges, payment and performance arrangements, duration, complaint information and applicable cancellation information.
5.4 Toolio may display trader status and information supplied by the Trader Owner. The Trader Owner remains responsible for its accuracy and for statutory obligations arising from its supply of the Tool.
5.5 For B2B rentals, each Business User confirms it is acting for business purposes and the business provisions of these Terms apply, subject to mandatory law.
6. Listings
6.1 An Owner may list only a Tool they legally own or are authorised to rent.
6.2 Listings must be accurate, current and not misleading and must disclose the price, Deposit, condition, included accessories, known defects, relevant restrictions and collection information.
6.3 Owners must remove or update a Tool that becomes unavailable, unsafe, recalled, materially damaged or inaccurately described.
6.4 Where relevant, Owners must disclose required training, licences, certification, supervision, PPE, manufacturer warnings, operating limitations and known safety notices.
6.5 Owners must not list prohibited, stolen, counterfeit, recalled, unlawfully modified or knowingly unsafe Tools.
6.6 Toolio may hide, remove, restrict or investigate listings reasonably believed to be unsafe, unlawful, misleading, prohibited, fraudulent or rights-infringing.
7. Safety, recalls, incidents and insurance
7.1 The Owner is responsible for ensuring the Tool is lawfully supplied, appropriately maintained, safe for its intended use, free from undisclosed material defects and compliant with applicable safety requirements and recalls.
7.2 The Owner must provide reasonably necessary instructions, warnings and safety information. The Renter must inspect the Tool at handover, stop use if it appears unsafe or materially different from the listing, and follow lawful instructions and manufacturer guidance.
7.3 The Renter must be competent and legally permitted to use the Tool and must use appropriate PPE. The Renter must not modify, sub-rent, lend, sell, pledge or unlawfully use the Tool.
7.4 Only the named Renter may use the Tool unless the Owner expressly agrees through the Platform to another named adult user. The Renter remains responsible for use by any person to whom they permit access, to the extent permitted by law.
7.5 Commercial use is permitted only where the listing allows it and the Renter is appropriately competent, authorised and insured for that use.
7.6 Owners must report known recalls, serious defects, accidents and credible safety incidents promptly. Toolio may immediately suspend a Tool, listing, Booking or account while a safety issue is investigated.
7.7 Toolio does not provide rental insurance and does not promise that household, business or other insurance will respond. Users are responsible for checking and arranging appropriate cover. Toolio may require evidence of cover for categories or activities where reasonably necessary.
8. Rental requests
8.1 A Renter's request is an offer to enter a Rental Agreement on the displayed Booking terms, subject to Owner approval and successful payment. Any required Deposit is a separate condition of handover under sections 9 and 11.
8.2 Owner approval reserves the proposed Booking but does not itself create a binding Rental Agreement.
8.3 Before payment, the Platform will display the Tool, Owner identity/status, Rental Period, rental subtotal, Platform-related charges payable by the Renter (if any), Deposit and other material Booking information.
8.4 Toolio may refuse or pause a request for safety, fraud, legal, payment, verification, account or technical reasons.
9. Rental Agreement and formation
9.1 A binding Rental Agreement is formed directly between the Owner and Renter when: (a) the Owner has approved the request; and (b) the Renter has successfully completed the required rental payment through the Platform.
9.2 Where a Deposit applies, formation of the Rental Agreement does not give the Renter an unconditional right to take possession of the Tool. Handover and commencement of the Rental Period remain conditional upon successful authorisation of the Deposit in accordance with section 11.
9.3 If the required Deposit cannot be authorised, Toolio may prevent or postpone handover and may allow the Renter a reasonable opportunity to provide an eligible payment method or complete any required authentication. If the Deposit is not secured by the applicable deadline, the Booking may be cancelled and any rental payment will be dealt with under the applicable cancellation/refund provisions and mandatory law.
9.4 The Rental Agreement consists of these sections that expressly govern Owner-Renter obligations, the confirmed Booking summary and the listing as displayed when the Rental Agreement was formed. Casual messages do not vary price, Rental Period, Deposit or other material terms unless the variation is expressly agreed by both parties and confirmed through Toolio's structured Booking-change process or otherwise clearly recorded as an agreed variation.
9.5 The Owner is the supplier under the Rental Agreement. Toolio is not the Owner's agent for the general supply of the Tool and is not the Renter's agent, except to the limited extent a payment instruction or applicable law expressly provides otherwise.
9.6 The Rental Agreement is governed by Scots law, but a Consumer retains mandatory protections and court rights applicable to them under law.
10. Prices, Platform Fee, payments, payouts and tax
10.1 Owners set the rental price and Deposit subject to Platform limits. Before confirming payment, the Renter will see the rental amount payable at checkout and the amount of any separate Deposit that may later be authorised.
10.2 Unless otherwise clearly displayed, Toolio deducts a Platform Fee equal to 20% of the rental subtotal, subject to a minimum £1 fee per completed Booking. The Deposit is excluded from that calculation.
10.3 Payments made through Toolio are processed by third-party payment service providers, including Stripe. Toolio does not ordinarily receive or store full payment card or bank-account credentials.
10.4 Toolio may collect or process Rental Charges through its platform payment account and may act as the merchant or business of record for payment-processing purposes. This administrative payment role does not, by itself, make Toolio the owner, lessor, supplier or hirer of a Tool or a party to the Rental Agreement between an Owner and a Renter.
10.5 Except where these Terms expressly provide otherwise, the Owner remains the person supplying the Tool under the Rental Agreement.
10.6 Users authorise the payment provider and Toolio, to the extent technically and legally applicable, to initiate the payment instructions necessary to process the Booking, Platform Fee, authorised Deposit capture, refund, transfer, payout, reversal or chargeback.
10.7 Subject to these Terms, following completion of a Rental and confirmation of return, Toolio will calculate the amount payable to the Owner by deducting the applicable Platform Fee and any other properly authorised deduction from the Rental Charges, and will instruct its payment provider to transfer the Owner's entitlement to the Owner's connected payment account.
10.8 Toolio may delay settlement where a dispute is active, the Tool has not been confirmed as returned, payment has not successfully completed, the Owner's payout account is unavailable or restricted, or Toolio reasonably considers settlement should be suspended to investigate fraud, loss, damage, a chargeback, safety, verification or another breach of these Terms. Toolio will not withhold funds indefinitely without a lawful basis.
10.9 Owners authorise deduction or recovery of properly due refunds, reversals, chargebacks and negative balances from amounts otherwise payable to them, including future payouts where lawful and after appropriate notice.
10.10 Payments, authorisations, refunds, reversals, transfers and payouts may be subject to the terms, technical requirements and processing times of Stripe, card networks, banks and other payment service providers.
10.11 Nothing in these Terms asserts that Toolio is exempt from any payment-services or financial-services law. The legal and regulatory characterisation of payment activity is determined by applicable law and the payment-provider arrangement used for the transaction.
10.12 Users are responsible for their own tax obligations. Toolio may collect, verify, retain and report seller and transaction information to HMRC or another authority where platform-reporting or other law requires it.
11. Deposits and card authorisations
11.1 The Deposit amount is shown before payment and is security for eligible claims. It is separate from the Rental Charges, is excluded from the Platform Fee calculation, and is not necessarily the maximum amount for which a Renter may be legally responsible.
11.2 The Deposit is not ordinarily charged when the Rental Charges are paid. Toolio will normally attempt, through its payment service provider, to place a separate authorisation hold for the Deposit approximately 24 hours before the scheduled start of the Rental Period. For a Booking made within that period, Toolio may attempt the authorisation as soon as reasonably practicable.
11.3 An authorisation hold reserves available funds or credit against the Renter's payment method but is not normally a completed charge unless some or all of it is captured.
11.4 The timing, availability and duration of an authorisation depend on the payment service provider, card network and issuing bank. Toolio may monitor the authorisation deadline and, where technically available and reasonably necessary, seek a replacement authorisation before handover, provided it does not exceed the confirmed Deposit without the Renter's separate agreement.
11.5 The Renter must maintain an eligible payment method with sufficient available funds or credit to cover any applicable Deposit and must complete any authentication reasonably required by the payment provider.
11.6 If a required Deposit cannot be authorised or maintained before handover, Toolio may prevent or postpone handover and may cancel the Booking in accordance with section 9.3 and the applicable cancellation/refund provisions.
11.7 Following satisfactory return of the Tool, and provided there is no unresolved claim, dispute or other legitimate reason to preserve or capture the authorisation, Toolio will instruct the payment provider to release or cancel any remaining Deposit authorisation. The bank/card provider controls when availability is restored.
11.8 Where loss, theft, damage or another amount properly chargeable under the Rental Agreement is established, all or part of an authorised Deposit may be captured in accordance with section 12. A Deposit is not insurance and does not limit the Renter's liability where the amount properly due exceeds the Deposit.
12. Deposit claims and administrative decisions
12.1 A Supported Claim is a claim supported by evidence reasonably capable of showing loss caused by damage beyond reasonable wear and tear, loss, theft, missing accessories, excessive cleaning, unauthorised use or an agreed late-return charge.
12.2 An Owner should submit a claim as soon as reasonably practicable and normally within 72 hours of return or expected return. A later claim may be considered for theft, concealed damage or another matter that could not reasonably have been identified earlier.
12.3 The claim should identify the alleged breach, amount sought, photographs/video or other relevant evidence, repair/replacement basis, reasonable depreciation where relevant and reasonable mitigation steps.
12.4 Toolio will normally give the Renter a summary of the claim and a reasonable opportunity to respond before a disputed capture. Toolio may preserve an authorisation or take urgent fraud/safety/payment-network action where delay would materially prejudice the process.
12.5 Any capture will be limited to the lesser of the amount of the Supported Claim that Toolio reasonably accepts for administrative payment purposes and the amount available under the Deposit authorisation, unless the Renter separately agrees another amount.
12.6 Toolio may reject unsupported, disproportionate, inconsistent or inadequately evidenced claims. Toolio may provide a single internal review where material new evidence or a clear processing error is identified.
12.7 A Toolio Deposit decision is not a court judgment, insurance decision or final determination of legal liability. Owner and Renter retain their legal rights against each other, and Toolio does not guarantee recovery of any shortfall.
13. Handover, use, return and condition evidence
13.1 The Owner must make the Tool available as described, with included accessories and required safety information.
13.2 Both parties should create clear dated condition evidence at handover and return, including serial number where relevant.
13.3 The Renter is responsible for reasonable care of the Tool from handover until return, subject to defects, Owner breach and matters for which the Owner is legally responsible.
13.4 The Renter must return on time, at the agreed location, with accessories, allowing for reasonable wear and tear.
13.5 Extensions or other material Booking changes are effective only when expressly agreed by both parties and confirmed through the Platform, including any additional payment or Deposit requirement.
14. Cancellation, refunds and no-shows
14.1 A Renter may withdraw a request before Owner approval, and may cancel after approval but before rental payment is successfully completed, without a Toolio cancellation charge unless a clearly disclosed rule or mandatory law provides otherwise.
14.2 After the Rental Agreement is formed under section 9.1, the cancellation policy displayed for the Booking applies subject to mandatory rights and any refund required because the other party cannot perform. A failure to secure a required Deposit is dealt with under sections 9.3 and 11.6.
14.3 Where a Trader Owner contracts with a Consumer, the Trader Owner must provide any statutory cancellation information before contract formation. If a statutory cancellation right applies, it overrides an inconsistent Platform cancellation rule.
14.4 The parties acknowledge that the statutory cancellation exception for accommodation, transport of goods, vehicle rental, catering and specified leisure services does not expressly list ordinary tool hire. Toolio therefore does not assume that a B2C Tool rental is automatically exempt from applicable cancellation rights.
14.5 Where performance is to begin during a statutory cancellation period and the law permits early performance on the Consumer's express request, the Trader Owner is responsible for obtaining any required request, acknowledgement and information and for calculating any lawful amount due on cancellation.
14.6 If an Owner cannot provide the Tool as agreed, the Renter is entitled to the refund required by the Rental Agreement and applicable law. Toolio may reverse or refund Platform-related amounts where appropriate.
14.7 No-show, late collection and late-return charges must be clearly disclosed, proportionate and consistent with mandatory consumer law.
15. Loss, theft and damage
15.1 The Renter must take reasonable care and reasonable security precautions and must promptly report loss, theft, serious damage or an accident to the Owner and Toolio.
15.2 For suspected theft, Toolio may request a police incident/crime reference where reasonably appropriate. Users must cooperate with lawful police, insurer and payment-provider requests.
15.3 Loss should normally be valued by reasonable repair cost or the reasonable value of an equivalent Tool immediately before the loss, taking account of age, condition, depreciation and mitigation rather than automatic new-for-old replacement unless legally justified.
15.4 If a Tool is recovered after a payment or settlement, the parties must cooperate reasonably to avoid double recovery.
15.5 A Deposit may be insufficient to meet the alleged loss. Toolio does not guarantee the Owner's recovery and is not liable merely because the Renter cannot pay a shortfall.
16. Disputes, evidence and complaints
16.1 Users should keep Booking communications and evidence on the Platform and raise disputes promptly.
16.2 Toolio may request relevant information, preserve payment security, hold a payout, restrict a Tool/account or take emergency safety action while a matter is assessed.
16.3 Where Toolio makes an administrative decision affecting a disputed Deposit or payout, it will normally provide the affected Users with a summary of the issue, a reasonable response opportunity and a brief outcome explanation, subject to fraud, legal and safety restrictions.
16.4 Toolio is not obliged to decide legal fault. Users may contact police, insurers, regulators, advisers or courts and retain all rights available to them.
16.5 Complaints about Toolio may be sent to support@toolioapp.co.uk with the Booking reference. Trader Owners remain responsible for any statutory complaint or ADR information they must provide to Consumers.
17. Reviews and user content
17.1 Reviews must reflect genuine experience and must not be fake, misleading, defamatory, abusive, incentivised without disclosure or otherwise unlawful.
17.2 Toolio may moderate, investigate or remove content and may take reasonable steps to prevent or respond to fake reviews and unlawful content.
17.3 Users retain ownership of their content but grant Toolio a non-exclusive, royalty-free licence to host, display, format and use it as reasonably necessary to operate and promote the Platform. Users must avoid unnecessary third-party personal information in photographs or content.
18. Prohibited conduct
18.1 Users must not commit fraud, evade fees, arrange off-Platform payment for an introduced Booking, misuse another person's information, harass others, manipulate reviews, interfere with security or use Toolio for unlawful activity.
18.2 Prohibited Tool categories include firearms/ammunition/explosives, controlled drugs or drug-production equipment, hazardous/radioactive/biological materials requiring specialist controls not approved by Toolio, stolen/counterfeit/recalled/knowingly unsafe goods, and items requiring licences or restrictions the parties cannot satisfy.
19. Privacy and communications
19.1 Personal information is handled as described in the Privacy Notice.
19.2 Service messages concerning accounts, Bookings, payments, safety, security and legal matters are not marketing.
19.3 Electronic marketing will be sent only where permitted by applicable privacy/electronic communications law and users may opt out of marketing without opting out of essential service messages.
20. Suspension, termination and account closure
20.1 Toolio may proportionately restrict or suspend an account, Tool or Booking for safety, fraud, payment-provider action, legal compliance, serious/repeated breach or material risk.
20.2 Where reasonably possible and lawful, Toolio will explain the reason and effect on active Bookings and funds and provide a review route. Immediate action may be taken where delay would create material safety, fraud or legal risk.
20.3 Account closure does not cancel accrued payment obligations, disputes, claims or records that lawfully need to be retained.
21. Platform availability and changes
21.1 Toolio will provide its Platform service with reasonable care and skill but does not guarantee uninterrupted or error-free availability.
21.2 Toolio may maintain, update, secure or change the Platform. Material changes will not retrospectively alter the agreed price or core terms of a confirmed Booking except where law, safety, security or the parties' agreement requires it.
21.3 Toolio is not responsible for failure caused by events outside its reasonable control, subject to liabilities that cannot lawfully be excluded.
22. Liability
22.1 Nothing excludes or limits liability for death or personal injury caused by Toolio's negligence, fraud or fraudulent misrepresentation, breach of rights that cannot lawfully be excluded, or any other liability that cannot legally be excluded or limited.
22.2 Toolio is responsible for reasonably foreseeable loss caused by Toolio's breach of these Terms or failure to use reasonable care and skill in providing the Platform.
22.3 Toolio is not responsible merely because loss is caused by an Owner/Renter, Tool condition/use, inaccurate User content, lack of competence or breach of the Rental Agreement, except to the extent Toolio is independently responsible under law.
22.4 For Consumers, Toolio does not exclude liability that consumer law prohibits us from excluding. Toolio is not liable for business losses suffered by a Consumer using the Platform for private purposes.
22.5 For Business Users, subject to section 22.1 and any applicable reasonableness requirement, Toolio excludes indirect/consequential loss and loss of profit, revenue, anticipated savings, business, opportunity or goodwill. Toolio's aggregate liability in a 12-month period is limited to the greater of £100 and the Platform Fees paid or payable in connection with that Business User during that period, except where such limitation would be unlawful or unreasonable.
22.6 No limitation in these Terms makes Toolio liable as insurer or guarantor of a User's obligations or the value of a Tool.
23. Business indemnity
23.1 A Consumer is not required to indemnify Toolio for Toolio's own breach, negligence or unlawful conduct or for loss the Consumer did not cause.
23.2 A Business User must indemnify Toolio against a third-party claim and reasonable resulting cost arising directly from that Business User's unlawful Tool supply, infringement, fraud, negligence or material breach, except to the extent caused by Toolio's own breach, negligence or unlawful conduct.
24. Changes to Terms
24.1 Toolio may update these Terms for legal, regulatory, security, operational or feature changes and will give reasonable notice of material changes where practicable.
24.2 A material change will not normally alter a confirmed Booking. Toolio may require renewed acceptance before continued use of relevant features.
24.3 Toolio will retain version and acceptance records where reasonably necessary.
25. General legal terms
25.1 If a provision is invalid or unenforceable, the remainder continues and the affected provision is modified only to the minimum extent required by law.
25.2 Failure or delay in enforcement is not a waiver.
25.3 Users may not transfer accounts or rights without Toolio's consent. Toolio may transfer its business/rights as part of a lawful reorganisation, financing or sale without reducing mandatory Consumer rights.
25.4 Nothing creates a partnership, employment, fiduciary or general agency relationship between Toolio and Users or between Users.
25.5 Except where law provides otherwise, third parties have no right to enforce the Toolio-User contract.
26. Governing law and courts
26.1 The contract between Toolio and each User and related non-contractual obligations are governed by Scots law.
26.2 The Rental Agreement is also governed by Scots law unless mandatory law or an express lawful agreement between the Owner and Renter requires otherwise.
26.3 A Consumer retains mandatory protections and rights to bring proceedings in any court that has jurisdiction under applicable consumer law, including courts in the part of the UK where the Consumer lives where applicable.
26.4 For Business Users, the Scottish courts have exclusive jurisdiction, subject to mandatory jurisdiction rules and either party's right to seek urgent interim relief where available.
Schedule 1 - Prohibited items and safety triggers
- Firearms, ammunition, explosives, explosive components, fireworks and illegal weapons.
- Controlled drugs, controlled substances, drug-production equipment and items intended for unlawful activity.
- Hazardous chemicals, poisons, radioactive or biological materials, or substances requiring specialist transport/storage that Toolio has not expressly approved.
- Stolen, counterfeit, recalled, illegally modified, unlawfully imported or illegally possessed goods.
- Equipment the Owner knows or reasonably suspects is unsafe, materially defective, subject to an unresolved safety notice, or unsuitable for lawful rental.
- Items requiring a licence, registration, certification or age restriction where the relevant User cannot comply.
- Any item prohibited by law, payment-provider rules or a Toolio category rule.
END OF TERMS - Version 1.1 final review candidate