Terms of Service
Last updated: January 10, 2018
These Terms of Service ("Terms", "Terms of Service") govern your relationship
with 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.
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
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
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
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
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
conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
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.
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
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
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.
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
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.
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
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.
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
If you have any questions about these Terms, please contact us through our
email and we will get back to you as soon as possible.