Terms of Service  

================

 

Last updated: January 10, 2018

 

These Terms of Service ("Terms", "Terms of Service") govern your relationship

with www.lendr.rent website and Lendr mobile application (the "Service")

operated by Lendr Inc. ("us", "we", or "our").

 

Please read these Terms of Service carefully before using our website and

Lendr mobile application (the "Service").

 

Your access to and use of the Service is based on your acceptance of and

compliance with these Terms. These Terms apply to all visitors, users and

others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms and

accept all legal consequences. If you do not agree to these terms and

conditions, in whole or in part, please do not use the Service.

 

Purpose of Lendr Inc. “Service”  

-------------------------------

 

We facilitate the process of rental transactions made between two individuals;

the “lending party” who is defined as an individual or business that has put

the items they own on the Lendr mobile application in order to make their own

income by other parties (the “renting party”) renting such items.

The “renting party” is defined as an individual or business that has the

intent to rent, renting and/or has rented an item from the “lending party”

through the Lendr mobile application.

 

Purchases  

---------

 

If you wish to purchase any product or service made available through the

Service ("Purchase"), you may be asked to supply certain information relevant

to your Purchase 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.

 

By submitting such information, you grant us the right to provide the

information to third parties for purposes of facilitating the completion of

Purchases.

 

We reserve the right to refuse or cancel your order at any time for certain

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

unauthorised or illegal transaction is suspected. We will not be held

responsible or liable for any failure for the Purchase to complete, or any

resulting loss or damages to you.

 

Availability, Errors and Inaccuracies  

-------------------------------------

 

In order to provide exceptional service, and accuracy, we regularly review the

products on the Service.

 

We cannot and do not guarantee the accuracy or completeness of any

information, including prices, product images, specifications, availability,

and services. We reserve the right to change or update information and to

correct errors, inaccuracies, or omissions at any time without prior notice.

 

Despite our best efforts, the products or services available on our Service

may have an error regarding the price, be inaccurately described, or be

unavailable.

 

We may experience delays in updating information on the Service and in our

advertising on other websites.

 

Contests, Sweepstakes and Promotions  

------------------------------------

 

Any contests, sweepstakes or other promotions (collectively, "Promotions")

made available through the Service may be governed by rules that are separate

from these Terms. If you participate in any Promotions, please review the

applicable rules as well as our Privacy Policy. If the rules for a Promotion

conflict with these Terms, the Promotion rules will apply.

 

Promotions may be available for a limited time.

 

Content  

-------

 

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 the Content that you post to the Service,

including its legality, reliability, and appropriateness.

 

By posting Content to the Service, you grant us the right and license to use,

modify, publicly perform, publicly display, reproduce, and distribute such

Content on and through the Service. You retain any and all of your rights to

any Content you submit, post or display on or through the Service and you are

responsible for protecting those rights. You agree that this license includes

the right for us to make your Content available to other users of the Service,

who may also use your Content subject to these Terms.

 

You as a “Lending party” understand and agree that any items you publish on

the Lendr mobile application must be a consumer good as defined in these Terms.

A “consumer good” is defined as an item meant for personal use that is

considered to be in one of the following product categories: (a) landscaping equipment;

(b) home maintenance tools; (c) camera gear; (d) musical instruments and gear;

(e) furniture; (f) party equipment. Any items that are not considered

to be a “consumer good” are prohibited from the Lendr mobile application.

You acknowledge that Lendr Inc. is not required to actively screen or verify if

items meet this requirement.

 

You represent and warrant that: (i) the Content is yours (you own it) or you

have the right to use it and grant us the rights and license as provided in

these Terms, and (ii) the posting of your Content on or through the Service

does not violate the privacy rights, publicity rights, copyrights, contract

rights or any other rights of any person.

 

We reserve all rights to block or remove communications or materials that we

determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent,

deceptive, or misleading; (c) in violation of a copyright, trademark or, other

intellectual property right of another or; (d) offensive or otherwise

unacceptable to us in our sole discretion.

 

You acknowledge that, by providing you with the ability to view and distribute

user-generated content on the Service, we are merely acting as a passive

conduit for such distribution and is not undertaking any obligation or

liability relating to any contents or activities on the Service.

 

Accounts  

--------

 

When you create an account with us, you must provide us information that is

accurate, complete, and current at all times. Failure to do so constitutes a

breach of the Terms, which may result in immediate termination of your account

on our Service.

 

To use our “Service” the Lendr mobile application we require you to be the

legal age of your home country with the minimum age being 18 years of age.

You understand that we do not ensure that all users cohere to this requirement

who use our service.

 

You are responsible for safeguarding the password that you use to access the

Service and for any activities or actions under your password, whether your

password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. 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 trade mark that is subject to any

rights of another person or entity other than you without appropriate

authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Links To Other Web Sites  

------------------------

 

The Service may contain links to third-party web sites or services that are

not owned or controlled by Lendr Inc..

 

Lendr Inc. has no control over, and assumes no responsibility for, the

content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that Lendr 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 websites or

services.

 

We strongly advise you to read the terms and conditions and privacy policies

of any third-party web sites or services that you visit.

 

Termination  

-----------

 

We may terminate or suspend access to our Service immediately, without prior

notice or liability, for any reason whatsoever, including, without limitation,

if you breach the Terms.

 

All provisions of the Terms shall survive termination, including, without

limitation, ownership provisions, warranty disclaimers, indemnity and

limitations of liability.

 

Upon termination, your right to use the Service will immediately cease. If you

wish to terminate your account, you may simply discontinue using the Service.

 

Indemnification  

---------------

 

You agree to indemnify, defend and hold harmless Lendr Inc., its principals,

officers, directors, representatives, employees, contractors, licensors,

licensees, suppliers and agents, from and against any claims, losses, damages,

losses, obligations, costs, actions or demands.

 

These include but are not limited to: (a) legal and accounting fees resulting

from your use of the Service; (b) your breach of any of these Terms; (c)

anything you post on or upload to the Service; and (d) any activity related to

your account. This includes any negligent or illegal conduct by you, any

person or entity accessing the Service using your account whether such access

is obtained via fraudulent or illegal means.

 

You agree that any income you make in result of the use of the Lendr mobile

application is yours. “Income” includes, but is not limited to, all revenue

generated from renting your items as a “lending party” to a “renting party”.

You understand that you must report such income to your tax authority and

that Lendr Inc. is not liable for any taxes or penalties that result from

you failing to declare such income.

 

Limitation Of Liability  

-----------------------

 

Lendr Inc., its directors, employees, partners, agents, suppliers, or

affiliates, shall not be liable for any loss or damage, direct or indirect,

incidental, special, consequential or punitive damages, including without

limitation, economic loss, loss or damage to electronic media or data,

goodwill, or other intangible losses, resulting from (i) your access to or use

of the Service; (ii) your inability to access or use the Service; (iii) any

conduct or content of any third-party on or related to the Service; (iiv) any

content obtained from or through the Service; and (v) the unauthorized access

to, use of or alteration of your transmissions or content, whether based on

warranty, contract, tort (including negligence) or any other claim in law,

whether or not we have been informed of the possibility of such damage, and

even if a remedy set forth herein is found to have failed of its essential

purpose; (vi) your use of an item obtained through the Lendr mobile application.

 

You acknowledge that when using the items of a “lending party” that it is your

responsibility to use your own discretion on quality and safety of the item, as

all items are use at your own risk, where Lendr Inc. has no liability.

 

You acknowledge that Lendr Inc. does not screen, verify, or do background checks

to any users. You agree that it is up to your own sole discretion whether to

interact and conduct transactions with another user.

 

You agree that anything communicated to you or from you through the Lendr

mobile application is not the words or commitments of Lendr Inc. and

therefore, Lendr Inc. will have no liability to the direct or indirect

outcomes of such dealings.

 

You acknowledge that the “lending party” and “renting party” are able

leave a public review about each other. You agree that all ratings and reviews

reflect the opinion of that individual user and does not reflect the opinion of

Lendr Inc. as these reviews are not verified by Lendr Inc. and may be incorrect

or misleading. You also agree that Lendr Inc. maintains the right to view, edit,

and delete any reviews posted by a user at the discretion of Lendr Inc..

 

You agree that no partnership or employment of any kind exists between you and

Lendr Inc. as a result of this agreement. You agree that you are acting on your

own behalf, not on the behalf of Lendr Inc..

 

Disclaimer And Non-Waiver of Rights  

-----------------------------------

 

Lendr Inc. makes no guarantees, representations or warranties of any kind as

regards the website and associated technology. Any purportedly applicable

warranties, terms and conditions are excluded, to the fullest extent permitted

by law. Your use of the Service is at your sole risk. The Service is provided

on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without

warranties of any kind, whether express or implied, including, but not limited

to, implied warranties of merchantability, fitness for a particular purpose,

non-infringement or course of performance, except as provided for under the

laws of any province in Canada. In such cases, the provincial law shall apply

to the extent necessary.

 

Lendr Inc. its subsidiaries, affiliates, and its licensors do not warrant that

a) the Service will function uninterrupted, secure or available at any

particular time or location; b) any errors or defects will be corrected; c)

the Service is free of viruses or other harmful components; or d) the results

of using the Service will meet your requirements.

 

You acknowledge and agree that Lendr Inc. will allow the “lending party” to

require a conditionally executed security deposit charge determined by the

“lending party” to be paid by the “renting party”. The conditionally executed

security deposit charge will be paid to the “lending party” either in full or

partially based on the discretion of Lendr Inc. if the item being rented out

to the “renting party” has been damaged or stolen. The “renting party” acknowledges

that they are liable for any damage or loss of the items they rent from a

“lending party” through the Lendr mobile application. The “lending party”

and “renting party” agree that Lendr Inc. is not liable for any damage or

theft of goods and that Lendr Inc. is not liable if the “renting party” fails to

pay the conditionally executed security deposit charge to the “lending party”.

The “renting party” will not be required to pay the conditionally executed

security deposit charge set by the “lending party” if the good is returned

without loss or damage.

 

You agree that in the case of a dispute between a “lending party” and a

“renting party” regarding the damage or theft of an item all personal

activity, content, and information that you have uploaded and administered

on the Lendr mobile application will be provided to the necessary authorities

or individuals based on the discretion of Lendr Inc. in order to attempt to

resolve such dispute.

 

If you breach any of these Terms and Lendr Inc. chooses not to immediately

act, or chooses not to act at all, Lendr Inc. will still be entitled to all

rights and remedies at any later date, or in any other situation, where you

breach these Terms. Lendr Inc. does not waive any of its rights. Lendr Inc.

shall not be responsible for any purported breach of these Terms caused by

circumstances beyond its control. A person who is not a party to these Terms

shall have no rights of enforcement.

 

You may not assign, sub-license or otherwise transfer any of your rights under

these Terms.

 

Exclusions  

----------

 

As set out, above, some jurisdictions do not allow the exclusion of certain

warranties or the exclusion or limitation of liability for consequential or

incidental damages, so the limitations above may not apply to you. Provincial

laws of Canada may apply to certain products and service provided.

 

Governing Law  

-------------

 

These Terms shall be governed by, and interpreted and enforced in accordance

with, the laws in the Province of Ontario and the laws of Canada, as

applicable.

 

If any provision of these Terms is held to be invalid or unenforceable by a

court of competent jurisdiction, then any 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, oral or

otherwise, regarding the Service.

 

Changes  

-------

 

We reserve the right, at our sole discretion, to modify or replace these Terms

at any time. If a revision is material we will make reasonable efforts to

provide at least 15 days' notice prior to any new terms taking effect. What

constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become

effective, you agree to be bound by the revised terms. If you do not agree to

the new terms, in whole or in part, please stop using the website and the

Service.

 

Contact Us  

----------

 

If you have any questions about these Terms, please contact us through our

email info@lendr.rent and we will get back to you as soon as possible.

CONTACT US:

 

info@lendr.rent

© 2017 - 2018 by NSD 

google-play-badge.png
2000px-Download_on_the_App_Store_Badge.s