Terms of Service
Last revised: 19th October 2021
Thank you for your interest in Eqpme!
Please read these terms of service together with the policies listed below carefully as these terms govern your access to and use of the Services and constitute a binding legal Agreement between you and Eqpme, Inc.
- Your Account
- Your Use of the Services
- Your Responsibilities
- Renter Responsibilities
- Owner Responsibilities
- No Lease/Rental Agreement
- Independent Legal Advice/Representation
- Use of Content
- Violation and Enforcement
- Disclaimer of Warranties
- Limitation of Liability
- Arbitration and Judicial Forum
In addition to the Terms, the following policies may also apply to you and, if they do, they form part of this Agreement. You should review these policies before using the Services.
Eqpme Inc., for and on behalf of itself and its subsidiaries (collectively, “Eqpme”, “we”, or “us”), provides an online equipment sharing platform that allows users (“you”) to connect in order to rent Equipment. The users include Owners who can publish information about their Equipment for rent or sale and Renters who can search the platform for Equipment to rent and make reservations. As the provider of the EqpmeTM platform, Eqpme does not own, control, offer or manage any of the Equipment, the information provided by the Owner or Renter or the rental or sale agreement.Eqpme is not a rental equipment company. It does not own any Equipment and is not in the business of renting equipment to the public. Eqpme provides an online platform where Owners and those in need of Equipment can meet and share Equipment amongst themselves subject to these Terms and Policies.
The EqpmeTM platform is accessible online including at eqpme.com and as an application for mobile devices. Eqpme’s websites, blog, mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Eqpme users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”) and applicable Policies, whether or not you become a registered user of the Services.
When we refer to “Equipment” in the Terms this will cover all classes of equipment, machinery, vehicles, tools, accessories, manuals and any ancillary items which the Owner offers for rent or sale to the Renter and anything which is supplied by the Owner to facilitate the rental or sale of the Equipment.
The Services include a “Message Center”. By using our Message Center, users can arrange a reservation or sale of the Equipment. Users can also share documentation pertaining to the reservation or sale.The rental or sale agreement is concluded directly between the Owner and Renter in the Message Center. EQPME IS NOT A PARTY TO ANY AGREEMENTS CONCLUDED BETWEEN THE OWNER AND RENTER.
It is the responsibility of the Owner and Renter to negotiate the terms of the reservation or sale and to verify any information they may require in order to conclude a reservation or sale agreement. Eqpme does not act as an agent in any capacity for the Owner or Renter.
Eqpme reserves the right, in our sole, absolute and unfettered discretion, to modify our Services, these Terms, or any policy at any time. If we modify these Terms, we will post the modification on our website. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Eqpme Account.
If you have any questions for us concerning these Terms & Services, or Eqpme in general, please contact us at email@example.com
Our Services are intended solely for persons who are of legal age in their relevant jurisdiction to rent the Equipment offered via the Services. As a user of the Services, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your reservation and sale of the Equipment.
Any use of the Services by anyone that does not meet the legal age requirement in their jurisdiction is expressly prohibited.
To access certain features of the Services, you must sign up for an account with us (a “Eqpme Account”) by providing us your email address and creating a password. Eqpme may accept or reject your application to become an Owner or Renter in its sole, absolute and unfettered discretion.
Updates to Your Account
You agree to update the information you have provided to Eqpme in the event of any changes, including but not limited to any changes to your profile, contact information, financial information, listed Equipment or general background information.
Eqpme may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address.
Responsibility for Your Account
You are solely responsible for all of the activity that occurs through your Eqpme Account, so please keep your password and Eqpme Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Eqpme Account, whether or not you have authorized such activities or actions. You will immediately notify Eqpme of any actual or suspected unauthorized use of your Eqpme Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Eqpme Account after you have reported unauthorized access to us.
Your Use of the Services
Your use of the Services is subject to the following:
- You will not breach any term of this Agreement including these Terms of Service or any policy.
- You will not violate any law in your jurisdiction, including but not limited to:
- Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, or third party rights;
- post false, inaccurate, misleading, defamatory, or libelous content; or
- infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Eqpme, or that comes from the Services and belongs to another Eqpme user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Eqpme.
- You will not dilute, tarnish, or otherwise harm the Eqpme brand in any way, including but not limited to:
- through unauthorized use of the trademark Eqpme, the Eqpme Logo and/or user content;
- registering and/or using Eqpme or any similar or composite word in any domain names, trade names, trademarks, or otherwise; or
- registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Eqpme domains, trademarks, taglines, promotional campaigns, or Eqpme and/or user content.
- You will not provide or submit any false information, including but not limited to:
- false name, date of birth, driver’s license, payment method, credit cards, insurance, or other personal information;
- a damage claims, or response to any claims (for example about damage to Equipment, with false or misleading information; Please see our FAQ for more information about making a damage claim;
- register for an Eqme Account on behalf of an individual other than yourself; or
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- You will not harm or threaten to harm any other user, including but not limited to:
- fail to pay fees, penalties, or other amounts owed to Eqpme or another user;
- fail, as either a Renter or Owner, to timely deliver, make available, or return any Equipment and/or any other item provided with or as part of the Equipment.
- misuse the Eqpme platform including using the Services to find an Owner or Renter, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Eqpme’s provision of the Services or for any other reasons (aka, gray market transactions); or
- transfer your Eqpme Account and/or user idenfication information to another party without Eqpme’s consent;
- You will not harm or threaten to harm any other user, including but not limited to:
- “stalk” or harass any other Eqpme user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owner or Renter in accordance with these Terms;
- engage in physically or verbally abusive or threatening conduct;
- use our Services for any other purpose than intended under these Terms, including but not limited to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers; or
- treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Eqpme community; Please see our view our Nondiscrimination & Community Guidelines for more information on our discrimination and community policy.
- You will not use the Services for your own personal purposes, including but not limited to:
- contact another user for any purpose other than in relation to the reservation or sale of Equipment.
- commercialize any content found on Eqpme or any software associated with our Services, including reviews;
- harvest or otherwise collect information about users without their and our consent; or
- recruit or otherwise solicit any user to join third party services or websites that are competitive to Eqpme, without Eqpme’s prior written approval.
- You will not interfere with the operation of the Services, including but not limited to doing any of the following:
- interfering with any other user’s listings for Equipment;
- entering into a Eqpme transaction with a member of your family, household, friend, colleague, or acquaintance;
- distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Eqpme or the interests or property of others;
- bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
- systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
- using display mirroring or framing the Services or any individual element within the Services, Eqpme’s name, any Eqpme trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Eqpme’s express written consent;
- accessing, tampering with, or using non-public areas of the Services, Eqpme’s computer systems, or the technical delivery systems of Eqpme’s providers
- attempting to probe, scan, or test the vulnerability of any of Eqpme’s system or network or breach any security or authentication measures;
- avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Eqpme or any of Eqpme’s providers or any other third party (including another user) to protect the Services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- endeavoring to circumvent a suspension, termination, or closure of your Eqpme Account, including, but not limited to, creating a new Eqpme Account to circumvent an account suspension or closure or giving Equipment registered to you or a member of your household to other Eqpme user to list.
The following responsibilities apply to both Owners and Renters who use the Services.
- Representations and Warranties. You represent and warrant that:
- the information you provide as part of your access to and use of the Services is complete and accurate. This includes information about yourself and the Equipment; and
- You are legally competent to enter into this Agreement;
- You are legally competent to use the Services and any Equipment you may reserve or purchase using the Services.
- You are legally entitled to offer the Equipment for sale or reservation using the Services.
- Due diligence. It is your responsibility to conduct your own due diligence concerning any user that you engage with in the use of the Services.
- Safety & Training. Eqpme does not qualify or verify Owners or Renters in any way and does not educate Owners and Renters on the safe handling and operation of equipment or safety hazards inherent in using equipment. It is the responsibility of each Owner and Renter to engage only in those activities involving the use of Equipment for which it has the prerequisite skills, qualifications, preparation and training. Compliance with all safety, legal and regulatory requirements in connection with any rental or sale transaction or the use of any equipment is the responsibility of the Owner and Renter and not EQPME
- You must comply with all relevant policies including but not limited to the Fuel Policy, Hour Policy, Cancellation and Refund Policy and the Eligibility and Maintenance Policy
The following responsibilities apply to a Renter that uses the Services. A Renter must:
- Only rent Equipment to which they are legally entitled to rent under the laws in their relevant country. These requirement will include having a valid driver’s license and any relevant permits to operate the Equipment.
- Provide a copy of your driver’s license and any other documents as requested by the Owner.
- Only use the Equipment for its intended purpose and treat the Equipment with all reasonable care in the operation thereof.
- Take all reasonable steps to maintain and keep the Equipment clean.
- Immediately report any damage to the Equipment to the Owner.
- Comply with the Late Fee Policy.
- Return the Equipment to the Owner in essentially the same condition as it was received.
- Return the Equipment to the Owner in accordance with the Owner’s instruction and on time to avoid inconveniencing and worrying the Owner and their next Renter. If there’s any chance of a late return, you should request an extension as soon as possible and following these guidelines:
- Contact your Owner to alert them to the request so they can respond quickly; and
- Checkin with Owner if it is possible to rebook the piece of equipment for the required dates. If the Owner replies it is available please rebook once again through the EqpmeTM platform. If the equipment is unavailable, you have insufficient funds, or the Owner doesn’t respond to you or denies your request you must return the piece of equipment at the originally scheduled end time or you will be in unlawful possession thereof and, subject to the lease or rental agreement, the Owner may take legal action against you to recover the equipment. If you are late, the Owner may charge for additional usage, and related charges. Late fees will be determined by the daily rental rate divided into the amount of late hours.
- Not operate any Equipment without being properly trained.
- Not leave Equipment unlocked or running with the keys inside, except where instructed to do so directly by Eqpme in certain limited circumstances.
- If required, maintain appropriate insurance for the use of the Equipment.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your reservation of the Equipment or use of the Services. Some Equipment may require special permits or license to use and you will be responsible for checking this in your jurisdiction before you reserve any Equipment.
If you wish to you cancel or modify a reservation, the cancellation or modification will be determined by our Cancellation and Refund Policy.
You assume the entire risk in the use of the Services and the use of any Equipment.
When an Owner accepts your reservation, you are entering into a contract directly with the Owner. You are also agreeing to pay applicable fees and taxes for the reservation.
The following are the responsibilities apply to an Owner that uses the Services. An Owner must:
- Include complete and accurate information about your Equipment, price, other charges like cleaning fees, security deposits and any rules or requirements that apply to your Renter. You are responsible for keeping your listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times.
- Ensure that their insurance policy is appropriate for the rental of any Equipment by a third party they offer for rent as part of the Services and in particular will cover rental by a third party, conversion, theft and the actions or inactions with Renter (and the individuals employed or retained by the Renters).
- Provide safe, legally owned and insured Equipment in all instances.
- Ensure that the Equipment is not subject to a safety recall.
- Must ensure that all Equipment is compliant with Eqpme’s Eligibility & Maintenance Policy.
- Not publish any listing with false or misleading information or listing with a price that you do not intend to honor.
- Not offer, as an Owner, any Equipment or optional extras that you do not yourself own or have authority to publish, rent, sell or otherwise use or exploit.
- Not offer, as an Owner, any Equipment that may not be shared for compensation pursuant to the Terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement with a Renter;
- Not offer, as an Owner, any Equipment that has a salvaged, branded, written-off, washed, or unclean title or that is not safe, legally registered, or not insured to be operated on public roads (if applicable);
- Not offer, as an Owner, any extra that is not safe, clean, and acceptable for the use it is intended.
- Act in good faith to accommodate extensions, if possible, by rebooking the exact same or similar piece of equipment. Before you can charge a renter for additional usage of your piece of equipment, you must first do the following:
- Encourage the renter to rebook the rental by completing another booking on our platform or let them know that the reservation/piece of equipment can’t be rebooked, preferably in writing.
- Message the Renter telling them that the rental is available and can be used for the additional usage.
- Report only legitimate late returns. Misreporting could result in an account removal from our marketplace.
- Be responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your listing of the Equipment or use of the Services.
When you accept a reservation, you are entering into a contract directly with the Renter and are responsible for delivering your Equipment under the terms and at the price specified in your listing on the Eqpme platform. You are also agreeing to pay applicable fees and taxes for the reservation. Any terms, policies or conditions that you include in your contract with the Renter must be consistent with these Terms, our policies, and the information provided in your listing on the Eqpme platform.
Eqpme does not offer insurance nor do we verify the existence or adequacy of any insurance purported to be in place by either the Owner or Renter.
We do not recommend or provide, nor are we affiliated with, any insurance products, companies, brokers, etc. other than those products, companies and/or brokers whose services are made available through the Marketplace. Notwithstanding any such inclusion in the Marketplace, Owners and Renters are required to deal with all aspects of insurance directly between themselves. Please review any insurance policy that you may have related to the rental, sale or use of Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. Your insurance policy may contains limitations and restrictions which vary and may affect your coverage and/or determine whether or not benefits will be payable. Notwithstanding any affiliation(s) with any products, companies, brokers etc. from time to time, EQPME does not warrant the suitability of any products of any kind or description whatsoever, whether available directly through the Marketplace or otherwise.
Where an Owner represents that it will provide insurance coverage of any kind, rental and liability agreement waiver, or protection plan to its Renters, no third-party liability insurance, physical damage protection, and/or on site assistance the Renter should verify the existence and/or adequacy of any of the offered products directly with the Owner as Eqpme does not review and/or verify the existence of any such insurance or related products.
All Owners should have rental insurance with respect to all pieces of equipment listed using the Eqpme platform and services. Renters are fully responsible for paying any damage to the piece(s) of equipment, as well as deductibles, contribution, fees, expenses, or fines arising out of the use of any equipment booked through Eqpme.
No Lease/Rental Agreement
All Owners and Renters acknowledge and agree that nothing herein contained constitutes a lease and/or rental agreement of any kind or description whatsoever between any Owner and any Renter. These Terms create no contractual relationship between Owners and Renters except as may be explicitly set out herein and use of the Services does not constitute a lease/ rental agreement between any Owner and Renter in any circumstance. All rental agreements are concluded solely between the Owner and the Renter. A Renter and an Owner may create and use their own rental terms and/or modify the rental agreement as they see fit. It is your responsibility to review your lease/rental agreement in advance to determine whether it is suitable for your purpose. The lease/rental agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to renting and an Owner may place additional restrictions on your booking, product or service.ANY DISPUTE IN RESPECT OF A LEASE AND/OR RENTAL AGREEMENT MUST BE RESOLVED DIRECTLY BETWEEN THE OWNER AND RENTER. EQPME HAS NO OBLIGATION TO INTERVENE IN DISPUTES BETWEEN OWNERS AND RENTERS.
Independent Legal Advice/Representation
Eqpme strongly recommends all parties using the Services retain appropriate legal representation before entering into a legal and enforceable lease or rental agreement in their jurisdiction. WE TAKE NO RESPONSIBILITY FOR ANY ATTEMPTED OR PURPORTED USE OF, OR RELIANCE ON, THESE TERMS AND/OR THE USE OF THE SERVICES TO PROVE OR DISPROVE THE EXISTENCE OF ANY CONTRACTUAL RELATIONS BETWEEN ANY USER.
Use of Content
Subject to your compliance with the provisions of this Agreement, Eqpme grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Eqpme and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eqpme or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole, absolute and unfettered discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your Equipment, reviews, feedback, and descriptions of your Equipment. By making available any content on or through the Services, or through Eqpme promotional campaigns, you grant Eqpme a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services.
By providing any user content, you authorize Eqpme to request, receive, use, and store such user content.
Except as described above with respect to Images, Eqpme does not claim any ownership rights in any such content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such content.
Eqpme may from time to time offer certain promotions in respect of the Services. You should be a user in good standing (e.g., not suspended) and comply with this Agreement and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Eqpme community. Renters and Owners cannot cancel existing reservations to qualify for new promotions. Owners cannot allow acquaintances, friends, or family to book their piece(s) of equipment in order to qualify for promotions.
In order to contact you more efficiently, you agree that we may at times contact you using email services, pre-recorded message calls or text messages at your telephone number(s). We may place such emails, calls or texts primarily to confirm your signup; provide notices regarding your Eqpme Account or Eqpme Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) and email with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) and/or emails with third parties for their own purposes without your consent. Standard email, telephone minute and text and data charges may apply. Where Eqpme is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Eqpme and its partners, without further notice or warning and in our discretion, to monitor or emails and/or record telephone conversations you or anyone acting on your behalf has with Eqpme or its agents for quality control and training purposes. You acknowledge and understand that your communications with Eqpme may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through firstname.lastname@example.org
When you list or book a Equipment, you provide us with certain information about yourself. We may use this information to verify your identity and conduct any other checks we deem advisable to verify the information you provide. We may also share this information with a third party in order to verify your identity or check any other information you provide.
Eqpme is the owner of all intellectual property rights in respect of the Services, including but not limited to the trade mark EQPME and any composite mark and logo, as well as any copyright in the website, mobile application, forms and documents.
Service Charge Fee
The Owner is separately charged a fee equal to 15% on completion of the rental.
The fees we charge for using our Services and other cost structures can be found in our Pricing Policy. When you provide Eqpme a payment method, you authorize Eqpme, or third- party, service providers acting on Eqpme’s behalf, to store your payment credential for future use in the event you owe Eqpme any money. You authorize Eqpme to use stored payment credentials for balances, including for payments, fines, fees (e.g., late fees, damage fees, transportation costs, processing fees and claims costs and related administrative fees).
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Eqpme enabling payment processing services through Stripe, you authorize Eqpme to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your piece(s) of equipment. You further agree to provide accurate and complete information about you, and authorize Eqpme to share it and transaction information with Stripe for the purposes of facilitating payment processing services provided by Stripe. Eqpme reserves the right to switch payment processing providers at its sole, absolute and unfettered discretion. By using the payment system Stripe, you will receive your payment a maximum of 14 days after the rental is complete. You will be paid directly from Stripe.
You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your profits made as a result of your use of the Services. It is your responsibility to familiarize yourself with any and all applicable tax rules and regulations and to consult with your personal/business tax advisor.Owners are solely responsible for the collection, filing and payment of relevant taxes in their jurisdiction. Eqpme makes no representations or warranties regarding how taxing authorities in any jurisdiction will treat income earned by Owners utilizing the Services.
Amounts received by Owners from transactions using EQPME’s website are inclusive of any GST/HST which may be required to be paid by the Owner. EQPME is not responsible for remittance of any GST/HST on behalf of any Owner or Owners. Please add the necessary sales taxes into your rental pricing.
Collection of Fees
Eqpme and its partners will employ all legal methods available to collect unpaid amounts, including the engagements of collection agencies or legal counsel. Eqpme, or the collection agencies we retain, may also report information about your Eqpme Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Eqpme Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Eqpme by you. Such communication may be made by Eqpme or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Eqpme reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact email@example.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Eqpme Account, you should contact the collection agency directly.
Violation and Enforcement
When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may enforce these Terms in strict accordance herewith or we may choose to be more lenient with policy enforcement in our sole, absolute and unfettered discretion.
Eqpme has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement violations of the Terms to the fullest extent permissible at law. Eqpme may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Eqpme or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Eqpme, its employees, its users, or members of the public.
Eqpme reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Eqpme, in its sole, absolute and unfettered discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Eqpme, our users or employees or in any way are violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Eqpme Account(s) and access to our Services, remove Owner content, remove and/or demote your listings, reduce and/or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our sole, absolute and unfettered discretion to the full extent permitted under applicable law.
Liquidated Damages/Contract Penalty
You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using Eqpme to find a Renter or Equipment, and then completing a reservation or related transaction partially or wholly independent of Eqpme, in order to circumvent the obligation to pay any Eqpme Fees) (ii) registering domains, social media handles, bidding on keywords, or otherwise using the Eqpme domains, trademarks, or taglines; or (iii) suing or making claims against another Eqpme user are difficult to estimate and would be difficult for Eqpme to prove. You will pay Eqpme CAD $5,500 in Liquidated Damages to compensate Eqpme for each and every occurrence of any such conduct. This amount is not intended as a punishment for any such breach.
You may discontinue your use of the Services at any time and Eqpme may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a party from any obligations You incurred prior to the termination and Eqpme may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those Terms will survive any termination of the Agreement.
Disclaimer of Warranties
WE PROVIDE THE EQPMETM PLATFORM AND ALL CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EQPME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY OWNER, RENTER, EQUIPMENT, LISTING OF EQUIPMENT OR THIRD PARTY;
- WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE EQPMETM PLATFORM;
- WE DO NOT WARRANT THAT VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON ANY OWNER OR RENTER;
- WE DO NOT WARRANT HOW TAXING AUTHORITIES IN ANY JURISDICTION WILL TREAT INCOME EARNED BY OWNERS UTILIZING THE SERVICES;
- WE DO NOT WARRANT THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTING AND/OR ANY EQUIPMENT OR OPTIONAL EXTRA, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND
- WE DO NOT WARRANT THE QUALITY OF ANY LISTINGS, EQUIPMENT, OWNERS, RENTERS, EXTRAS, THE SERVICES, OR ANY CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EQPME PROVIDES SERVICES THAT ENABLE THE SHARING OF EQUIPMENT AND OPTIONAL EXTRAS BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, EQPME DOES NOT ITSELF PROVIDE EQUIPMENT SHARING OR RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, OR THE SAFETY, USABILITY OR MANUFACTURER OF THE EQUIPMENT OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. EQUIPMENT GPS OR OTHER SYSTEMS).
ALL DOCUMENTS SUPPLIED BY EQPME ARE ONLY RECOMMENDED AND ARE SAMPLES. EQPME IS NOT A LAW FIRM AND CANNOT PROVIDE LEGAL ADVICE. WE PROVIDE INFORMATION AND SOFTWARE AND YOU ARE RESPONSIBLE FOR APPROPRIATELY USING THIS MATERIAL.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST EQPME AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, OR EMPLOYEES (TOGETHER, THE “EQPME PARTIES”) AND ANY EQPME USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE OWNER PROVIDES THEIR OWN COMMERCIAL/RENTAL PROTECTION PLAN OR WITH RESPECT TO OPTIONAL EXTRAS) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, EQUIPMENT NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE EQPME PARTIES, ANY ACTIONS OR INACTION OF THE OWNER. NEITHER EQPME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY EQUIPMENT OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER FORSEEABLE OR NOT AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.EQPME HAS NO RESPONSIBILITY AND ASSUMES NO LIABLITY FOR DISPUTES BETWEEN OWNERS AND RENTERS.
Except for our obligations to pay amounts to applicable Owners or Renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will Eqpm or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid or owe for bookings via the Services as a Renter in the twelve month period prior to the event giving rise to the liability, or if you are a Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (ii) CAD$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EQPME AND YOU. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EQPME TAKES NO RESPONSIBILITY FOR ASSISTING IN RECOVERY OF ANY FEES, CHARGES, COSTS OR EXPENSES OF ANY KIND OR DESCRIPTION WHATSOEVER RELATED TO DAMAGED EQUIPMENT.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Eqpme and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a piece(s) of equipment, or creation of a listing for a Equipment; or the use, condition, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, or use of a piece(s) of equipment or optional Extra.
The sole recourse of a Renters or Owner regarding a violation in respect of the reservation of Equipment hereof shall be to report the violation and request the Equipment, the Owner or the Renter be removed from the Eqpme Platform.
Arbitration and Judicial Forum
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of this Agreement, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth below.
Pre-arbitration dispute resolution
Should a dispute or claim arise between us, you agree to attempt to negotiate an informal resolution first. If we are unable to resolve the dispute or claim within 14 days after notice of the dispute or claim sent, then either party may initiate arbitration.
In the event that a party elects for arbitration and the other party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the Parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
To the extent applicable, the parties agree that the substantive law of Toronto, Canada will apply without regard to its conflict of law provisions.
Exceptions to Agreement to Arbitrate
The parties may agree not to arbitrate when:
- The dispute or claims that can be brought in small claims court; or
- When a party requires injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If the parties do not agree to arbitration, then any claim or dispute that has arisen or may arise between the parties will be resolved exclusively by a state, federal, or small claims court located in Toronto, Canada. The Parties agree that the substantive law of Toronto, Canada will apply to any such claim or dispute without regard to conflict of law provisions.
No Transfer or Assignment
Except as otherwise provided herein, Renters and Owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a Equipment or optional Extras shared through the Eqpme Services.
Eqpme does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Eqpme and Eqpme will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
These Terms states the entire understanding between you and Eqpme concerning your access to and use of the Services and supersedes. With the exception of appointing a custodian to manage your Equipment on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Eqpme. You will remain responsible for your obligations and actions hereunder in any event.
If any provision of the Terms is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect.
A Eqpme Director or Officer must agree to any modification or waiver of any term of the Terms in writing. Eqpme’s failure to exercise any right under the Agreement will not constitute a waiver of any other right Eqpme may have.
Eqpme shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Where Eqpme has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.