Terms of Use

By using Daylui.com website you accept the Terms of Use. If you do not accept them, you must not use the site.

Definitions

The following Terms of Use (called hereafter “Terms of Use”) describe the terms and conditions of use for the site http://www.Daylui.com (called “site”). All users acknowledge being informed of and accepting all the clauses.

User refers to all physical or moral persons who access the site, that the user be a member or not.

Member denotes all physical or moral persons who are registered on the site in order to use its services.

By Member Account we refer to the private area reserved for each Member. It is accessible with a password and contains personal details regarding the member.

Owner denotes all Members who put items up for rent using the Daylui.com website interface.

Renter denotes all Members who rent an item on the Daylui.com website.

Rental Agreement denotes the agreement made between the owner and the renter, on the one hand obligating transfer of enjoyment of the item (of said contract) for a given time, and on the other the obligation to pay a predetermined amount as defined by the contract.

Rent signifies the financial payment made to the owner by the renter in order to enjoy use of the item.

Rental offer denotes the information published by the owner presenting an item for rent.

Reservation denotes the request made by a renter on a certain rental offer.

Rental Confirmation denotes the online acceptance by the owner of a reservation request made by a renter, creating thus a contract between the owner and renter in their region.

Website Description

Daylui.com does not itself offer any rental services. The site is designed for the unique purpose of putting people who want to rent things in touch with people who have things to rent. We never intervene in the transaction between the renter and the owner. Daylui.com cannot thus be considered part of the rental agreement between members of the site.

The site contains an area open to the public and a private area reserved for members. The public area allows access to rental offers from members registered on the site.The private area is the part of the site that is accessible after username authentification. You can access and modify your personal information (referred to hereafter as “Member Account”), publish rental offers, make reservation requests, leave feedbacks, manage your rental offers. It also gives you access to collaboration tools.

Conditions of Registration and Membership Status

Our services are reserved for lawful persons capable of making legal contracts in the US, UK, EU and other countries where from our users & members originate. Are services are not available to minors. If you do not meet these conditions, you cannot use our services. We reserve the right to close member accounts without notice for commercial reasons or motives including but not restricted to:

  • Violation of a stipulation in the Terms of Use, or other Conditions or regulations on Daylui.com
  • Inability to verify or authenticate the origin of a rental offer
  • False personal information
  • Diffusion of illegal content (notably pornography, libel, copyrighted images, discriminatory content, incitement of violence and racial, religious or ethnic hatred)
  • Breaches in moral standards
  • Use, copying or diffusion of copyright protected works without express authorization
  • Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc)

This closing of a member account can give rise to no damage claims against Daylui.com, no matter what consequences arrive from this closing of the account. The Member Account is personal and non-transferrable to a third party.

The temporary or permanent suspension of a Member Account blocks that member from all use of Daylui.com services.

The status of Member allows you to access, using a password, the private area of the site.

The Member agrees to keep their password they chose for using their Member Account confidential. The password is personal and cannot be shared or transferred to another physical or moral person.

The Member recognizes and accepts being the only person responsible for all usage of their password. They accept being presumed responsible, to a conclusive degree, for all consequences and obligations generated by usage of their password by a third party.

The Member equally recognizes and accepts that the site can consider usage of their Member Account, username or password as proof of their usage of the site. All usage of the site by way of the password is reputed as being carried out by the Member.

The Member Account as well as profile evaluations and comments are personal. It is forbidden to transfer or give over to someone other than the Member.

Registration obligates providing an email address that will be used to communicate between the member and the website, and will act as the sole identifier for the Member Account. All email sent by the website to this member is understood as having been received by the Member, who takes full knowledge thereof.

Finally, in order to maximize usage of the geolocalization tool, a physical address is required by Daylui.com upon registration to the private member area and the putting online of a rental offer by an owner.

In order to maximize trust throughout the rental process, the address of the renter may be displayed within the account of the owner of the rental item when he is about to accept the reservation request on the site. The address of the owner of the rental item may be sent to the renter, upon request, once his or her reservation request has been accepted.

Fees and Commissions

Access, registration and usage of the website is free.

Daylui.com reserves the right to modify at any time regulations concerning online listing fees and other fees for our services. These modifications will take effect once they are posted online and will apply to all transactions that follow. In the case of temporary modifications, the length of the modification will be clearly indicated on the website.

The user, website member, renter and owner all recognize that is rental a product from an intermediary on the website, Daylui.com can receive, by virtue of a partner, affiliation or other contract, a remuneration for having put the two parties in contact and allowing thus the rental of a product or service by the user thereof. The user accepts this form of remuneration to the website and cannot challenge Daylui.com regarding remuneration received.

Taxes

With the exclusion of Daylui.com, who is not party to the rental of goods, users and members of the website are solely beholden for all taxes and commissions resulting from use of our services and our internet website. Daylui.com thus disengages from all responsibility for taxes on transactions effectuated on or via our website.

That you are a moral (society) or physical (individual) person, or that you owner or renter, tax can be applied to your transactions. In relation to the frequency of your transactions, taxes can be applicable to your transactions. Other taxes, such as professional taxes or social taxes may also apply. Members of the website recognize and expressly accept that these taxes and charges can apply to their situation. Members are responsible for informing themselves via a third party on financial matters to do with these transactions, to make sure their actions respects legislation in this domain.

The Role of Website

Daylui.com is not a rental company. Daylui.com is an electronic platform which is a tool available to user with the aim of putting owners and renters of goods into contact. We exercise no control over the quality, safety or lawfulness of items listed in our database, the truthfulness or precision of the online listings, the ability of owners to rent the goods listed nor the ability of owners to pay for the rental of these goods. We cannot guarantee that the rental parties will effectively complete their transactions. All security deposits or guarantees required by the owner in whatever form, remains the responsibility of the owner. Daylui.com takes no responsibility for any form of security or guarantee deposit.

Reliability of Transactions and Member Safety

Daylui.com cannot confirm the identity of each member. Daylui.com makes available to members and users a system called “Feedbacks” or “Reviews” and Verifications system, which allows them to evaluate the person with whom they are doing or have done a transaction. The renters and/or owners can post their feedback online about members with whom they have made agreements. A positive evaluation may be a prerequisite for rental of their goods with some owners. The evaluation will also apply to the owner, and renters can evaluate an owner after a transaction known as a “rental”. Also members can see what methods of verification other members have passed, and judge trustworthiness of other party.

The item rented can equally be evaluated after the transaction.

Other voluntary systems designed to increase confidence between members have also been put in place by Daylui.com (for instance, authentication with Facebook.com, google.com, twitter.com and other possible systems.)

Non-Responsability Clause

Since Daylui.com does not intervene in transactions between the owner and the renter, members of the website release Daylui.com from all responsibility (as well as its parent company, and any affiliates, companies in its group, corporate officers, directors, agents and employees) in case of litigation arising between members, complaints, and all present or future damages, presumed or not, certified or not, resulting in a direct or indirect manner from usage of Daylui.com services.

Moderating

A member who puts an item up for rent is responsible for the content they upload in relation to the law and to the present Terms of Use. The Daylui.com team does not carry out systematic editing of content that is uploaded by its members.

Exercising the right to withdraw content listings that are under dispute does not at all affect the validity, pertinence, and conformity to the law or the quality of the listings, rental offers or comments that remain online.

The member or user is made aware that each new addition, either of a rental offer or an evaluator comment, may be deleted by Daylui.com if it does not respect the legal regulations notably those found in the present Terms of Use. Members or users of the site can contact the moderating team for any claims relating to a comment or the content of a comment or a rental offer through the button called “Contact Us” or “Report” (Found on item page). Daylui.com reserves the right to choose to accept or refuse member proposals for the creation of a new category.

Limitations to Responsibility

The website provides information, recommendations, and comments that may be inexact, outdated and/or incomplete: Daylui.com declines any responsibility regarding the contents which it cannot exhaustively verify for truth or authenticity. The website is not at all responsible for the real or supposed qualities of the products and services which are offered by its members.

Daylui.com gives no guarantee relative to the materials or functioning of software used either on hosting sites, servers or all Internet access and is in no way responsible for financial loss, be it alleged, real or otherwise, resulting from use of the website.

The directors, administrators, employees, owners, intermediaries and representatives of Daylui.com are not held responsible for any direct, accessory, indirect or immaterial damages resulting from use of the website, even if the aforementioned parties have been informed of the possibility of such damages occurring.

Daylui.com makes no declaration or guarantee, explicit or tacit, concerning the site, the rental offers or anything they contain, including guarantees of merchandise quality, aptitude for a particular use, and non-violation of copyright, brands or other intellectual property rights, nor that the service, action or any materials of the site be free of viruses, Trojan horses or other hostile, disruptive or destructive code.

Without impacting on the specifications in the preceding paragraph, Daylui.com cannot be held responsible for any loss or alteration of data, of any loss of profit, business income, time, opportunity or all other indirect damage, if this loss or damage is a result of negligence or any other cause.

If the member or user is a consumer, rights that are accorded to consumers by law are not put into question by the present clause.

Rental Listings, Rental Offers, Reservations and Rental Agreements

Description of the Rental Listings or Rental Offers

Rental listings or rental offers describe items, products or goods that are offered for rent. They can only include texts, documents and images that the members decide to upload. All the items, products and goods put up for rent must be in the appropriate category and the owner is solely responsible for choosing the category in which they will place the rental offer. An owner offering a rental listing in a given category cannot ever be interpreted as a guarantee on the part of Daylui.com as to the authenticity or origin of the item offered.

Extra payments related to the rental of a product, such as delivery, deposit, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the “description” zone of the item or good.

The owner always offers for rent a good that the renter can physically claim in a given location, either the owners address or the rental location.

The owner, either an individual or a professional, is not allowed to list any contact information in their rental offer. Things that are considered contact information include the physical address of the rental point, the owner’s address, their fax ortelephone, an email address or a website address or any other contact information.

It is important that any specific conditions surrounding rental of the item, that are not covered in the agreement or contract, security deposit or availability information, be mentioned somewhere in the product description.

Completion of a Rental Agreement

The owner is free to choose with whom to have a deal and for whom to rent an item. However, once the rental confirmation has been made by the owner to the renter, the provisions of rental laws that are in effect in your region apply.

Fraudulent Acts

Without excluding other paths of recourse, we can suspend or close your Member Account if it turns out (after a condemnation, transaction or investigation by the police, an insurance company or a third party, notably one that is in escrow) that you have engaged in fraudulent activities in relation to our website.

Content of Rental Offers

Users and members agree to not ask for financial remuneration for use of the content that is disseminated on Daylui.com.

Daylui.com also has the right to monitor, edit and/or exclude partially or totally any content found in rental offers.

Daylui.com has no obligations of diligence with regards to the publication of content.

Daylui.com reserves the right to use content from rental offers on other partner website, which members expressly agree and accept.

The user or member accepts that Daylui.com can use uploaded content for commercial means, and can resell or exchange information (with the exclusion of personal data – See Privacy Policy) with a third party for a cost or for free.

The member guarantees that he possesses all the intellectual rights on the content of the offers, texts (Title, sub-title, and visual elements, and visual elements. The member also guarantees that he possesses the image reproduction rights, right to image and to personality of the items and persons represented on the visual elements while respecting the legislation regarding the privacy.

Geolocalization and Privacy

One of the many value-added aspects of the Daylui.com website is that ability to search for an article by location using the geolocalization tool. Daylui.com does not provide the address of the owner or rental pick-up until the rental is confirmed (see above definition of “Rental Confirmation”).

The Google map tool gives a visual representation of the address using an arrow pointing at the location. This arrow can establish the location only to within an approximation by several meters. It is imprecise like this on purpose in order to protect the physical address of the owner. This provides added security protection for the rental goods. This completes the section regarding provisions for the protection of privacy in these Terms of Use.

Suspension or Cancellation of a Member Account

Without excluding other courses of action, Daylui.com reserves the right to suspend or exclude the account of a given member in the following instances :

  • Violation of a stipulation in the Terms of Use, or other Conditions or regulations on Daylui.com
  • Inability to verify or authenticate the origin of a rental offer
  • False personal information
  • Diffusion of illegal content (notably pornography, libel, copyrighted images, discriminatory content, incitement of violence and racial, religious or ethnic hatred)
  • Breaches in moral standards
  • Use, copying or diffusion of copyright protected works without express authorization
  • Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc)

Modification

Daylui.com reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, the Terms of Use and of sales on the website. All changes will be effective starting from when they are published on the website. Use of the website once these changes have been put in place implies a recognition and acceptance of the Terms of Use and of sales as modified. Daylui.com reserves the right to modify, interrupt, or end at any time any service, without being responsible for the consequences resulting from these modifications, interruptions or stoppages in services.

Use of External Applications

Use of the application Google Maps is subject to implicit acceptance of the Terms of Use for Google Maps (http://maps.google.com/help/terms_maps.html).

Information on the maps obtained via Google is offered as an approximate guide only.

Intellectual Property

Daylui.com cannot be informed of all the content on all the rental offers or comments published on the site. However, Daylui.com pledges to remove as quickly as possible any copyright protected materials once they are made aware of them. All the graphics, design, presentations, logos proper to Daylui.com are the property of Daylui.com. Any reproduction without Daylui.com express written consent is forbidden.

Compensation

The user or member accepts to defend and remunerate Daylui.com (including reasonable lawyer fees), corporate officers, directors, administrators, employees, owners, and representatives against any demands or reclamations made by a third party, caused by or resulting from a violation or any other act for which the user or member is responsible, that arose from them not upholding the instructions, guarantees and/or obligations contained in the current Terms of Use, or having violated any law or any right of this third party. This includes but is not limited to complaints and claims with regards: infringement or violation of intellectual property rights, libel, calumny or other defamation, privacy rights or “false representation”, publicity rights.

Daylui.com has the right, at its sole discretion, to mount a defence with a lawyer of their choosing, against all reclamations, demands for justice or other affairs that have for object remunerations for the user or the member.

Links Between Parties

The current Terms of Use do not create any relationships of a subordinate, commission, general partnership, company partnership, employee/employer or franchise nature between Daylui.com and any user or member of the site.

Additional Specifications

  • Daylui.com contains links towards other websites and is not responsible for the confidentiality policies or practices on other websites. When a member or user of Daylui.com clicks on a link that takes them to another site, the member or user is held responsible for reading the confidentiality policies of said website.
  • Daylui.com is not responsible for interactions between members.
  • Members of the site can be individuals or professionals.
  • The titles of the different sections of these Terms of Use are purely indicative without necessarily defining their content.