PMP is a web service built to facilitate direct person to person transactions.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of this service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from PMP and terminate their right of use of the service without any specific reason and without being liable for compensation.
1.1 Welcome to the Practice Makes Perfect platform (the ‘Site’). We’ll refer to our website and other services as our “Services”, and My Garage Rentals will be addressed individually or collectively as “My Garage Rentals”,”we”, “us”, or “our”. Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you’ll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make upthe ‘Terms of Service’.
1.3 Our “Services” include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content,programming, software, application services. Any new features added to / or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the rental of goods between those who have (“Lender” or “Owner”) and those who want to use (“Borrower”), collectively known as”Users” or “Parties”. The actual contract for a rental is directly between the Borrower and the Lender. We are not a party to that contract or any other contract between Borrower and Lender. Parties to the transaction will be entirely responsible for the rental contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and can not be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
3. Your Account
3.1 You’ll need to create an account with Us to use some of our Services. Here area few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services,subject to our Terms of Service. All proprietary Content, trademarks, servicemarks, brand names, logos and other intellectual property displayed in the Siteare the property of My Garage Rentals, LLC and where applicable, third partiesproprietors identified in the Site. You agree not to copy, distribute,republish, mirror, frame or create derivative works without our prior writtenconsent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions,reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it.This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce,distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory,obscene, vulgar or otherwise offensive or in violation of our Prohibited Items / Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any rentals you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7. Purchase and Payment
7.1 Currently we only support PayPal payments. These payments are processed through third-party payment channels and may vary depending on the jurisdiction you are in.
7.2 All rentals on the platform are binding. The lender is obligated to complete the transaction with the borrower in a prompt manner unless an exceptional circumstance arises.
8. Lender Commission
8.1 The lender of any item will pay us a commission on the total transaction amount received by the lender (including taxes, if any, and shipping costs for any of the transactions made on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your borrower’s location. All payment processing fees will not be included in lender commission that we charge.
9. Lender's Responsibilities
9.1 Lenders will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items for rent are determined by the Lender at his/her own discretion. The price of an item and shipping charges will include the any additional charges such as sales tax, value-added tax, tariffs etc. Lenders will not charge Borrower such amounts additionally and separately.
9.3 Lenders are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the lender is obliged to contact the Borrower to inform them of any delays or in ability to complete the transaction.
9.4 Lenders will issue additional receipts, credit card slips or tax invoice s to Borrower on request.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Borrower or a Lender of an item, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Borrower
10.4.1 You may raise two types of disputes, one where the ‘item is not delivered’ and the lender is not responding to any of your attempts to communicate. The second type of dispute is where the ‘item is significantly not as described’.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.
10.4.3 If you have received a refund/exchange from the lender, you may not report that transaction.
10.4.4 If the ‘item is not delivered’ we will ask the lender to provide proof of shipping and delivery that can be tracked online. If the lender fails to do so,we will resolve the dispute in you favour.
10.4.5 If the ‘item is significantly not as described’, and both parties cannot agree as to the difference between the item/service that was rented and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of rental, communications between you and the lender as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a Lender
10.5.1 As a lender, we encourage you to communicate actively with your borrower especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Borrowers in order to avoid any unnecessary disputes.
10.5.2 For ‘items that are not delivered’ we will contact you to request for proof of shipping. The documentation must clearly show that you have shipped the item to the borrower’s address as reflected on the rental receipt. The documentation must be able to be tracked online showing the date the item was sent and the official acceptance of the item by the shipping company and the status update that the item was delivered (borrower’s acceptance). This is the only evidence that we will accept as proof of delivery. If proof of delivery cannot be provided then we may resolve the dispute in favour of the borrower.
10.5.3 For ‘items not as described’ disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the borrower as well as any documentation provided. All decisions made by us are final.
10.5.4 If the borrower attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
11. Disputes with Us
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules, policies, and procedures set forth in the Agreement for Indemnification, Release, Assumption of Risk and Waiver of Liability will govern any legal dispute involving our Services.
12. Changes to the Terms
12.1 We are constantly updating and improving the Service 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, behaviors and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
13. Prohibited Items/ Services
My Practice Makes Perfect is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Lender’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for rent in accordance to local laws’ of the marketplace’s incorporation. For Lender’s convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for rent. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Lender to a range of adverse actions, including listing deletion, account suspension,account termination and legal action
The following types of items are prohibited:
ii. Tobacco products, smokeable products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims.Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v.Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains, body parts and items made from human remains,except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radio active material, poisonous or otherwise dangerous
x. Items or listings that promote, support or seek to engage users in illegal activity
xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services not limited to prostitution
xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
xviii. Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabeled goods
And any other items illegal or restricted in the jurisdiction of the Borrower and/or the Lender or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
14. Contact, feedback and complaints
If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. 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.