Effective date: July 1, 2020
Welcome to Rentales Inc. (“Company”, “we”, “our”, “us”)! As you have just clicked to our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages as they contain important information.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at http://www.rentales.ca operated by Rentales Inc. The Rentales website permits registered owners (“Rental Partners”) to list their items for lease to other registered users (“Renters”) and allow Renters to pay the Rental Partners through our website and will be known as the service (“Service”).
These terms apply to all users of the website including the Rental Partners and Renters mentioned above as well as anyone who lands on our site and will be collectively known as the “Users”.
By visiting the website or using our services, you are accepting these terms. If you do not agree with (or cannot comply with) Agreements, then you may not use this website, its contents or the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access our website or use the Service. These terms are subject to revision and updates and we will do our best to notify our users of any changes in advance. Any use of the Service after the updates will acknowledge your acceptance of the revised terms.
Thank you for being responsible.
2. The Services
2.1 Rentales Services
Rentales website allows Rental Partners to list their items for rent to other Users. Users who wish to rent these items are known as “Renters”. Rental Partners will create and publish a listing for an item with the name of the item, description, price (daily rate), pictures of the item, availability (dates the item is available for rent), pickup location and any additional rules or instructions. Renters wishing to rent these items must accept the terms of the Rental Partner. Once accepted, the Renter may request to book the item for specified dates. By requesting to book the item, the Renter is accepting the terms of the Rental Partner.
2.2 Posting an item
The Rental Partner must provide all necessary information and safety instructions that pertain to the item they are listing. This may include but not exclusive to, set up instructions, user manuals and safety tips. It is the Rental Partner's responsibility to ensure the Renter is informed of this information. To ensure the accuracy of the posting, Rentales reserves the right to ask for more information on the posting or to provide a better picture.
2.3 Requesting to Book an Item
Renters accept the terms of the Rental Partner by requesting to book the Rental Partner's item on our website. The request must specify a start and end date for the booking. Applicable fees (set out in Section 5) will be outlined in the Renter’s Booking Summary, which will include the fee charged by the Rental Partner, known as the “Rental Fee”. After reviewing the Booking Summary, the Renter may confirm the request to book the item. Once the Rental Partner has accepted the request, we will send a confirmation to the Renter.
2.4 Item Pick Up, Care and Return
The Rental Partner and Renter are obligated to be present on the start day of booking at the agreed upon time and location with the item. Once handed off to the Renter, the Renter is responsible and liable for the item for the entirety of the rental period (start date to end date). We strongly recommend all Renters to take several photos of the item when they pick up to document the condition of the item at the time of pick up. We recommend Renters to keep these photos for at least 30 days. The Renter will care for the item and treat it with respect. Any damages or loss of the item incurred by the Renter during the booking will be subject to additional fees to cover the damages or loss. The Renter must return the item back to the Rental Partner on time at the agreed upon location, failing to do so will result in late fees. When item is returned to the Rental Partner, it is the Rental Partner's responsibility to inspect the item for any damages. In the case of damages, the Rental Partner must report these damages within 48 hours. Costs to repair damages or replace loss or stolen items will be determined by our third-party insurance and Rentales.
2.5 Protection, Insurance and Deposits
Rentales has insurance with a third-party insurer that covers eligible items of Rental Partners in eligible jurisdictions. Insurance Policy can be found here:
We encourage Rental Partners to protect their items either through a) purchasing insurance if the item is eligible under the Insurance Policy or b) requiring a deposit from the Renter
Please review and understand your coverage on the Insurance Policy. For eligible items covered by insurance, the Rental Partner will be compensated with a valid claim under the insurance policy. To make a claim under the insurance, the Rental Partner must file a claim to the insurance within 48 hours of the Booking ending. If necessary, the Rental Partner may also be asked to file a police report.
Should the Rental Partner select the option to charge a security deposit for the listed item, the Rental Partner must file a damage claim with Rentales within 48 hours of the Booking ending. Once the claim is initiated, Rentales will review the claim in accordance to the process outlined here: INSERT URL. The Rental Partner agrees that the security deposit is sufficient to cover all damages and will not make a claim higher than the security deposit amount.
The Rental Partner can only choose one form of Protection. Items that are insured cannot require a security deposit as well or vice versa.
In the case where the Rental Partner opts out of any Protection, the Rental Partner agrees that Rentales assumes no responsibility or liability in the event of any damage, loss or theft to the item itself or as a result of renting the item through our website.
Rentales reserves the right to solely determine the method of resolution for each Incident and if necessary suspend or terminate any User’s Account. As a precaution, we highly recommend both parties, Rental Partner and Renter, to take pictures of the item at the start of the rental period and when the item is returned. In the case of any discrepancy between our Terms and the Insurance Policy, the terms of the Insurance Policy supersedes solely on any discrepancy.
2.6 Rental Agreements
Once an Rental Partner accepts a booking request for an item from a Renter, the Booking is confirmed and both parties will be required to execute a Rental Agreement for the Booking. These Terms form part of the Rental Agreement.
If you wish to rent any tangible items made available through Service (“Rentals”), you may be asked to supply certain information relevant to your Rental including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
3. Registration and Accounts
To use the Service on our website as an Rental Partner or Renter, the individual must first register for an “Account”. For this registration, it is required for the User to provide the most accurate and up to date information and will be known as the “User Registration Data”. It will also be the responsibility of the User 1) use a strong password and 2) maintain the security of their password. The User must also ensure their Account information is always up to date and updated when necessary.
In order to be eligible to use our site, you must be at least 18 years old and located in an eligible location Rentales operates in. The list of eligible cities Rentales operates in can be found on our website at insert URL. Rentales reserves the right to determine the eligibility of accounts on our website.
3.3 Personal Information
3.4 Company Accounts
If an Account is created on behalf of a company, organization or third party, you acknowledge and agree that you have consent to represent and authorize the binding agreement of the company, organization or third-party to the Rentales Terms.
3.5 Billing Information
Registered Users must provide valid credit card information, direct deposit details or other acceptable payment information, known as “Billing Information”. The Billing Information will be provided to our third-party “Payment Processor” to be used for fee payments, payouts in accordance with these Terms and remittance for transactions between Users on our website. Users must ensure their Billing Information is always up to date and notify Rentales if there are any changes such as those related to loss, theft, cancellation and expiry. Users are liable for any fees related to the inability to pay.
4.1 Using the Platform
By using the Rentales website and Service, you agree to do so at your sole risk and agree to adhere to the Terms of Service. Rentales is not responsible for any actions by other Users of the website that may physically, financially, verbally or digitally harm or distress you in any way and cannot be liable for the actions of third parties. However, creating a safe and trustworthy experience on our website is important to us and we will make commercially reasonable efforts to ensure Users feel safe and comfortable on our website.
4.2 Damages or Theft
Rentales is not responsible for any damages, lost or stolen items rented through our website nor will Rentales compensate or reimburse for any losses. In the case of any damages, lost or stolen items, we encourage you to notify us and we will assess the situation on a case-by-case basis.
Rentales has limited control over the accuracy of User identity, information and accuracy of listings posted and used on our website. It is the Users’ responsibility to use their sole discretion on who they choose to contact and interact with on our website. Rentales reserves the right to request verification on the identity of a User at anytime. The User may be requested to provide more personal information to verify their identity. In the case of any false or misrepresented information by Users on our website, Rentales is not responsible or liable for the any damages incurred by acting on this information. However we encourage you to report any inaccuracies, false or misleading information to us so we can continue to improve the accuracy of our website and protect our Users.
4.4 Renter’s Responsibility
By renting items through our website and using the rented items, you do so at your own risk. You take sole responsibility of ensuring you have taken the necessary training, knowledge and understanding on how to use the item safely and with care. This may include (but not limited to) obtaining and understanding the user manual for the item being used, doing your due diligence to do research on the item and understanding any manufacturer instructions. Rentales will not be liable for any injuries, losses or damages (including damages to individuals or personal property or death) of any kind whatsoever arising from the use of any item.
5. Booking Fees and Payment Terms
Rentales charges fees for our service on a per rental basis. The fees associated with each rental made through our website, a combination of Service Fees and Processing Fees, will be known as “Transaction Fees”. Service Fees are fees charged to the Rental Partner on each booking and will be displayed on the booking request. Processing Fees are charged to the Renter to cover any payment processing charges for our third-party payment provider. These Processing Fees will be outlined to the Renter at the time of Booking. By using our Service either as an Rental Partner or Renter you agree to the payment of Transaction Fees. Rentales in its sole discretion and at any time may modify the Transaction fees and will provide reasonable notice of any changes in fees. By continuing to use the Service after the fee change comes into effect constitutes as your agreement to pay the modified fee.
All fees from our website are subject to applicable taxes and will be determined by Rentales. Applicable fees will be included in your payment summary and added to the corresponding fees. Rentales is not responsible for the calculating, reporting or remittance of any Users’ taxes, which may include but not limited to taxes for goods and services, federal, provincial, state, municipal, income, or any additional taxes related to the income earned through our website or services rendered. The Users’ will be solely liable to timely prepare and report all their required Taxes and agrees to hold Rentales harmless for any taxes.
All payments processed through the Rentales website will be done through our third-party payment processor, Stripe. All bookings made on our website must be processed on the website using the billing information provided by the User. By providing the billing information the User agrees to allow Rentales to capture the payment and allow Stripe to save this information on the Users account for the User’s convenience on future bookings. Any transactions that resulted from the use of our website are not permitted to be paid outside of the Rentales website. In the event of any additional fees, due to late fees or the result of a dispute, Rentales will have the right to process these additional charges. Rentales is not liable for any additional fees you may incur by your credit card provider or financial institution.
5.4 Booking Process
When a Renter requests to book an item from an Rental Partner, we will confirm the details of the booking with a “Summary View”. This Summary View will outline the details of the booking and fees associated with that booking. If the item requires a deposit, the deposit will be displayed on the Summary View as well. Before submitting their request, the Renter will have the option to verify their payment method with the credit card they have on file. Once the Renter chooses to submit their booking request and the Rental Partner accepts the booking, the payment method chosen will be executed. Rentales will hold all payments and deposits until booking is complete and then transfer the funds to the rightful parties upon rental completion. For failed payments, Rentales will attempt to re-process the payment until successful or until booking is cancelled.
5.5 Payment to Rental Partner
Once booking is completed, Rentales will transfer the “Rental Payment” to the Rental Partner. The Rental Payment is calculated as total booking fee less Rentales service fees and any applicable taxes and fees. Fee payment may take up to a few business days to deposit and reflect on Rental Partner's billing statements. In the case where the Rental Partner has submitted an Incident Report within 48 hours of booking end date, funds will not be released until the matter has been resolved.
5.6 Cancellation and Refunds
Each listing will indicate the “Cancellation Policy” set by the Rental Partner. The Rental Partner is required to select one of the three following Cancellation Policies when listing their item:
The Cancellation Policy may vary between items, location or time left until rental start date. The Renter will also have the opportunity to review the Cancellation Policy again before submitting their request to book. If the Renter cancels within the time frame indicated by the item’s Cancellation Policy, also known as the “Refund Period”, then they may be subject to a refund in accordance to the specified Cancellation Policy.
If the Rental Partner cancels a booking they had previously accepted they will be charged a “Cancellation Fee” of the following:
If an Rental Partner cancels more than 3 times, the Rental Partner will be subject for review by Rentales and their account may be suspended or deactivated. Under extenuating circumstances, Rentales reserves the right to override all cancellation policies.
Renters agree that for all disputes that are reversed or charged back, the Renter will be liable for all charges that are incurred in this process. A chargeback occurs when a Renter disputes a charge on their credit card statement. The disputed charges can result in either a reversal of the charge or the Renter to be charged back. If a chargeback occurs, the Renter will be responsible for paying the full rental fee amount plus any additional charges incurred during the dispute process. The Renter agrees that we may recover these chargebacks plus additional fees owed by means of any Billing Information or bank account information that the Renter has provided to us. In the event where we are unable to recover the funds the Renter is liable for, the Renter agrees to pay for all costs and expenses including attorney and legal fees incurred by or on behalf of us relating to the collection of any outstanding funds owed to us by the Renter.
5.8 Late Fees
If the item is returned after the end date and time, the Rental Partner must report the late return to Rentales immediately by selecting “Late Return” under “More Details” on the booking summary page. For each day the item is not returned, Rentales will charge 2X the daily rate. After 3 days we will deem the item to be lost or stolen and contact the necessary authorities.
6. License and Intellectual Property
If you agree with these Terms written here, Rentales grants you a non-transferable, non-exclusive license to access and use the Website and Service. Unless we explicitly provide written consent, you do not have a right to use the Rentales name, trademark logos or other distinctive features of our brand.
6.2 Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rentales Inc. and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rentales Inc..
6.3 Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Rentales Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Rentales Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
6.5 DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
6.6 Suggestions and Feedback
There may be cases where you are invited to provide feedback and submit comments or ideas about the Service and Website, including but not limited to ways to improve our Service and Website (“Feedback”). By submitting Feedback, you agree that it is gratuitous and done entirely voluntarily without any restrictions and will not place Rentales under any fiduciary duty or other obligation. You agree that Rentales is free to use the Feedback without any compensation to you and shall not create any confidentiality obligation for Rentales.
7.1 No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
7.3 User Conduct for All Users and Restrictions
All users of our Service and Website whether as an Rental Partner or Renter, agree to comply with the Terms and Booking procedures to the best of their ability. This will help to provide a safe and positive experience for all Users on our Website. In addition, you agree that you will not:
1) Create false listings or requests
2) Post any false, inaccurate or misleading review of yourself, another user or on an item
3) Impersonate any person, entity or falsely misrepresent yourself or your affiliation with another person or entity
4) Create more than one Rentales account for you, your business or on behalf of another person or a business
5) Create a posting for an item you do not have or do not have the permission to rent
6) Accept the request of a booking for an item when the item is not available
7) Solicit users to another service that may or may not be a competitor
8) Copy or steal content belonging to another user
9) Post misleading photos, description, price, condition of an item
10) Intentionally or unintentionally cause damages to an item, steal another User’s item, use the item for criminal purposes, illegal actions or use the item for any other purpose outside of it’s intended use
11) Use or promote the Rentales Website and Service for any illegal or violent activity
12) Discriminate any User which may include but not limited to refusing to conduct a transaction or interact with a customer solely based on their race, religion, nationality, gender, sexual orientation, age and/or culture
13) Discriminate any User by leaving discriminatory comments on their listings, reviews or profile solely based on their race, religion, nationality, gender, sexual orientation, age and/or culture
14) Intentionally create a negative experience for other Users
15) Harm, hurt, bully or disrespect another User
16) Intend or attempt to blackmail or extort another User
17) “Stalk” or harass another User
18) Collect or save another User’s information for purposes outside of the agreed upon transaction
19) Sub-lease an item or rent the item to another third-party during a Booking
Renters will be liable for any additional costs incurred by the Renter during the booking, which may or may not be communicated on the Listing or on the Booking Summary.
For more details on payment and fees, please see Section 5) Booking Fees and Payment Terms.
RENTERS ARE SOLELY LIABLE FOR THE COST OF ANY DAMAGES, LOSS OR THEFT TO THE ITEM THEY HAVE RENTED DURING THE BOOKING. THIS INCLUDES BUT IS NOT LIMITED TO THE PAYMENT FOR ANY REPAIRS OR REPLACEMENT COSTS. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS RENTALES AND THE OWNER FOR ANY DAMAGES TO RENTED ITEMS, THIRD PARTY PROPERTY, AS WELL AS INJURIES OR DEATH ARISING FROM THE RENTER’S RENTAL AND USE OF THE ITEM. IF YOU HAVE CHOSEN THE PROTECTION OF INSURANCE THROUGH OUR THIRD PARTY PROVIDER, PLEASE INSURE YOU UNDERSTAND THE POLICY AND COVERAGE. POLICY CAN BE FOUND HERE: https://duuo.ca/wp-content/uploads/2019/07/Rent-my-Stuff-Insurance-Policy.pdf
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at email@example.com.
9. Contests, Sweepstakes and Promotions
10. Prohibited Uses
You may only use the Service for lawful purposes and under the governance and in accordance with these Terms. You agree to refrain from using this Service:
Additionally, you agree not to:
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
12. Error Reporting and Feedback
You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
You may provide feedback directly to email@example.com with regards to any errors, suggestions for improvements, complaints, or other matters related to our Service (“Feedback”). You acknowledge and agree that (A) the Feedback is gratuitous and you shall not acquire, assert, or retain any rights, intellectual property rights, or compensation with regards to the Feedback, (B) the Company may already have in development ideas or improvements similar to the Feedback, (C) Feedback does not contain any confidential or proprietary information from you or any other parties, and (D) the Company is not obliged to keep any aspect of the Feedback confidential. In the event that the ownership of the Feedback cannot be transferred due to applicable laws, you agree to grant the Company and its affiliates the perpetual right to use the Feedback including but not limited its exclusivity, transferability, and agree that such Feedback and rights are irrevocable, free-of-charge, sub-licensable, unlimited and perpetuity.
13. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Rentales Inc..
Rentales Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT RENTALES INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Our Service may contain links to third party websites whose contents or services are not owned or controlled by the Rentales Inc.
The Company assumes no responsibility or liability for the content, privacy policies, or practices of any third party services or websites. We do not represent or warrant the offerings of any of these third parties or their websites or services.
BY USING OUR SERVICE, YOU ACKNOWLEDGE AND CONSENT THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLY, WHETHER EXPRESS OR IMPLIED, FOR ANY DAMAGES CAUSED OR ALLEGED TO BE CAUSED BY ANY GOODS OR SERVICES AVAILABLE ON ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
14. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE NATURE OF THIS SERVICE PROVIDED BY THE COMPANY IS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND NO WARRANTIES OF ANY KIND. BY USING THIS SERVICE, YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES AND ANY OTHER CONTENT OR ITEMS FROM THE COMPANY ARE AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY OFFICERS, DIRECTORS, EMPLOYEES , OR AGENTS ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, AVAILABILITY, COMPLETENESS, QUALITY, RELIABILITY, OR SECURITY OF THE SERVICES OR ANY CONTENT ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSONS ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THE CONTENTS WITHIN, OR ANY ITEMS OR SERVICES OBTAINED THROUGH THE SERVICE ARE ACCURATE, RELIABLE, OR UNINTERRUPTED AND THAT SUCH DEFECTS WILL BE CORRECTED NOR DOES THE COMPANY GUARANTEE THAT ANY ITEMS OR SERVICES OBTAINED THROUGH THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY NOR ANY PERSONS ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, WEBSITE, OR SERVER THAT HOSTS THE SERVICE AND WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY, OR OTHERWISE.
SECTION 18 DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAWS.
15. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES EXCEPT AS PROHIBITED BY LAW SHALL THE COMPANY OR THE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DAMAGES IN CONNECTION TO (A) THESE TERMS, (B) YOUR USE OR INABILITY TO USE SERVICE, (C) ANY MISUSE WHATSOEVER OF THE SERVICE BY ANY OF ITS USERS, (D) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS OR DEALINGS BETWEEN YOU AND ANY USERS YOU INTERACT WITH ON THE SERVICE INCLUDING WITHOUT LIMITATION TO ANY PRODUCTS OR SERVICES YOU OFFER TO ANY SUCH PERSONS OR USERS PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS WHETHER OR NOT IT WAS ORGANIZED USING RENTALES SITE, YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH OTHER USERS OF THE SITE AND AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS, (E) ANY ERRORS OR INACCURACIES OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR SERVICE, (F) ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE USE OF OUR SERVICE, (G) ANY VIRUSES, MALWARE, OR OTHER DATA THAT RESULTS DAMAGE TO YOUR COMPUTER OR ANY OTHER PROPERTY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, AND (H) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS OR SERVICES
SHOULD OUR COMPANY BE FOUND LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM THE USE OF OUR SERVICE. OUR LIABILITY FOR THE USE OF OUR SERVICE SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SERVICE FEE CHARGED.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Company reserves the right to terminate or suspend your account immediately without prior notice or liability at the Company’s sole discretion for any reason and without limitation, including but not limited to a breach of Terms. Upon termination or suspension, your right to use Service will cease immediately.
If you would like to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada without reference to its conflict of law provisions. The courts of the Province of Ontario shall have jurisdiction over any legal actions or proceeding in relation to these Terms, Service, or Company and you consent that any such legal action or proceeding shall fall under the jurisdiction of such courts.
These Terms constitute the entire agreement between the Company and you regarding Service and supersedes any prior agreements between both parties regarding Service.
18. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
The Company reserves the right to withdraw or amend our Service and any other affiliated service or material provided via Service at the Company’s sole discretion without notice. The Company will not be liable if for any reason, any or all parts of the Service is unavailable at any time. Occasionally, we may restrict access to some or all parts of Service to users, including registered users.
19. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
The Terms may be amended by the Company at any time by posting the amended terms on our website. Any amendments will be communicated to you on our website and it is your responsibility to review these Terms periodically.
Your continued use of the website following the posting of the revised Terms will constitute your acceptance and agreement to the amendments. You are expected to check this page frequently so you are aware of any amendments, as they are binding on you.
By continuing to access or use our Service after any revisions to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised terms, you are no longer authorized to use our Service.
20. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
The Company’s waiver of any term or condition set forth in these Terms shall not be deemed a further or continuing waiver of such term or condition. Any failure or delay of the Company to assert or enforce a right or provision under these Terms shall not constitute a waiver of such right or provision
If any term, condition, or provision set forth in these Terms is held or made invalid by a court decision, statute, rule or otherwise, such term, condition or provision shall be eliminated or limited to the minimum extent such that the remainder of these Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
22. Contact Us
Please send your feedback, comments, requests for technical support:
By email: firstname.lastname@example.org.