TERMS OF USE

These terms of use (‘Terms’) apply to the website www.MyEquipment4Rent.com (‘Site’)

These terms of use (‘Terms’) apply to the Rental Items website at www.MyEquipment4Rent.com (‘Site’). Please read them carefully.  By signing your consent during the registration process or by accessing the site without registering you agree to be legally bound by these Terms.  If you do not wish to accept these Terms, then you may not use the Site.

Definitions

By ”User”, we refer to all individuals or entities that access the site, whether the user is a member or not.

By ”Member”, we refer to all individuals or entities that are registered on the site. By ”My Account”, we refer to the private area reserved for each member. It is accessible via a uasername and password and contains personal information regarding the member.

By ”Rentor”, "Renter", or "Owner", we refer to each member who lists at least one item for rent, using the Site.

By ” Rentee”, we refer to each member who rents an item on the site.

By ”Item Listing” or "Item Posting", we refer to the information published by the Rentor advertising an item available for rent.

By “Personal Information”, We refer to any personally identifiable information collected through the Site about the individual, including but not limited to the individual’s name, address, email address, and telephone number.

By “Service”, We refer to the services that are offered through the Site, including but not limited to providing an online presence to view, rent, or post Item Listings and other Content.

By “Content”, We refer to Item Listings, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Site.

By “Policies”, We refer to all MyEquipment4Rent.com Policies, including but not limited to MyEquipment4Rent.com Terms, Listing Fees and Privacy Policy.

By “MyEquipment4Rent”, “we”,”us”, “our”, We refer to MyEquipment4Rent, its officers, directors, agents, subsidiaries, joint ventures or employees, or anyone acting on its behalf.

By “Price” We refer to the financial payment given to the Rentor by the Rentee in order to gain use or ownership of the Item.

 

2. Site Description

a. MyEquipment4Rent is not a party to any agreement between Members

MyEquipment4Rent.com does not offer any items for rent. The site is an online marketplace only, designed for the sole purpose of connecting people who want to rent out tools and/or equipment in touch with people who have tools and/or equipment to rent. MyEquipment4Rent.com never intervenes in the transaction between the Rentee and the Rentor.

MyEquipment4Rent exercises no control over the quality, safety or legality of Items listed, the truthfulness or accuracy of any Item Listings, the ability of Rentors to rent the Items listed or the ability of Rentees to rent or pay for any of the Items. We cannot guarantee that the Parties will complete any or all terms of the transaction or that the Items will be returned to the Rentor undamaged or that the Items will not be lost.

Any security deposits required by the Rentor in whatever form, remains the sole responsibility of the Rentee and Rentor. MyEquipment4Rent.com is not responsible for the collection, retention, or refunding of any security deposit, for the control of the exact identity of the Rentor and the Rentee, or for collecting money owed by the Rentee to the Rentor or by the Rentor to the Rentee.

 

b. Public v. Private Areas

The Site contains an area open to the public and a private area accessible only by Members.

The public area allows access to the Members’ Item Listings. The private area is the part of the site that is accessible only after Member authentication. Members must enter username and password to enter the private area. The private area allows Members to:

  1. Access personal information (see Privacy Policy);
  2. Create and manage Item Listings;
  3. Enquire as to availability of an item;
  4. Publish comments
  5. Add Item and User ratings.

 

3. Conditions of Registration and Membership Status

To become a Member of MyEquipment4Rent,:

(a) you must be at least 18 years of age to create an Item Listing.

(b) you agree to provide us with personal details (including your name and email address), that are true and current, and you agree to must update us (through the "My Account" section of this Site) if at any time your personal details change by updating the relevant sections of the Site.

You are responsible for your own use of the Site and you must not use it for any illegal purpose and comply with all applicable laws.  In addition, you shall not use the Site for any of the purposes below and we reserve the right to suspend or close Member Accounts without notice for any reason, including, but not limited to:

  • Violating these Terms, or other MyEquipment4Rent.com Policies
  • Inability to identify, verify or authenticate the origin of a Item Listing
  • Making false statements
  • Disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene or otherwise objectionable material or otherwise breaching any laws (For example, pornography, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred)
  • Transmitting any third party material without proper authority, licence, consent or permission
  • Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice
  • Interfering with any other person’s use of the Site including abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc)
  • Making, transmitting or storing electronic copies of materials protected by copyright without the protection of the owner
  • Diffusion of unsolicited commercial messages (“Spam”).

If you breach this provision you will be responsible for any losses and costs resulting from your breach. You may not alter, adapt or remove any data or metadata, convert or otherwise authorise others to adapt or convert the Site.

The Member Account is personal and cannot be transferred or assigned to a third party.

Each Member:

  • commits to keep confidential the password he or she chooses for accessing his or her Member Account. The Member Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.
  • recognizes and accepts being solely responsible for use of his password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.
  • recognizes and accepts as well that the site can consider usage of his Member Account, username or password as proof of the usage of the Site by this Member. All usage of the Site by way of these elements attributable to the Member are considered as being made by the Member. All evaluations, ratings information and comments are also specific to the Member.

If the address of an Item location changes, you must update each Item’s address details in the “My Account” section of the Site.

You must have a valid email address to become a Member of the Site and we accept no liability for your failure to do so.

4. Fees

Access, registration and usage of the Site are free.

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership by delisting your Items through the "My Account" section of the Website.

You are responsible for paying all fees and applicable taxes associated with using our site.

5. Liability of MyEquipment4Rent.com

a. Service Access

While we try to ensure that the Site is normally available 24 hours a day, we cannot be held responsible if for any reason the Site is unavailable at any time or for any period for reasons beyond our control.

We reserve the right to suspend access to the Site at any time for operational, regulatory, legal or other reasons. 

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or other reasons.

Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.

You are responsible for obtaining Internet access to the Site from where you are in order to use the Site.  We cannot be held responsible for your failure to access the Site from any location or browser.  Any access fees incurred in reaching the Site (e.g. dial up charges) are your responsibility.

Due to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Site.

While we try to use all reasonable care in providing access to the Site, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Site.

b. Disclaimer of liability

We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.

We will not have any liability arising out of or in connection with the use of the Site or its non-availability for:

  • any business losses (such as loss of profits, business, contracts or goodwill); or
  • any loss or damage due to any events outside our reasonable control; or
  • any unforeseeable losses or damages.

We will have no liability arising from any link being placed on the Site to another website which we are not responsible for.

6. Member safety and feedback

MyEquipment4Rent cannot confirm the identity of each member. The overwhelming majority of MyEquipment4Rent Users are trustworthy and well-intentioned. Nevertheless, it's very important to take the same precautions online as you would offline.

a. Member Feedback

MyEquipment4Rent makes available to Members and Users a system of “Item Ratings” and “User Ratings” which allows them to evaluate and leave feedback about the person with whom they are doing or have done a transaction. The evaluation will apply to the Rentor or the Item, and Rentees can evaluate a Rentor after renting an Item.

b. Moderating

Members who list an Item for rent and Users who upload or otherwise post Content on the Site are solely responsible for the content they upload and publish under the law and under MyEquipment4Rent’ Policies. MyEquipment4Rent does not carry out or guarantee the existence of editorial control of the Content published by its Users or Members.

Exercising the right to withdraw any Item Listing or Content that is under dispute does not at all affect the validity, pertinence, quality or legality of any Item Listing or Content that remains online.

7. Content published on or through the Site

You understand that all Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the original poster. You are solely responsible for any Content that you post, email or otherwise make available through the Site. You understand that MyEquipment4Rent does not control, and is not responsible for Content made available through the Site, and that, despite our best efforts, by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading, or otherwise objectionable. Furthermore, the Content available on or through the Site may contain links to other Sites that are completely independent of MyEquipment4Rent. MyEquipment4Rent makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any third party website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will MyEquipment4Rent be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site. You acknowledge that MyEquipment4Rent does not pre-screen or approve Content, but that MyEquipment4Rent shall have the right (but not the obligation except as required by law) in its sole discretion to refuse, delete or move any Content that is available through the Site, for violating the letter or spirit of the Terms or for any other reason.

8. Item Listings and Transactions

a. Description of the "Item Listings"

Item Listings describe Items offered for rent. Item Listings can only include text and images that the Members decide to upload, at their sole responsibility. All the Items listed for rent must be in the appropriate category and the Rentor is solely responsible for choosing the category in which they will place the Item Listing.

All fees must be disclosed in the “Rental Price” area of the Item.

Extra payments related to the rental of an Item, such as delivery, maintenance or other assistance as linked to a particular Item, must be clearly indicated in the “Item Description” area of the Item.

Specific Item conditions which that may be available online, the security deposit conditions or the available days for Item information, must be mentioned in the “Item Description”.

The Rentor always offers for rent goods that the Rentee can physically pick up in a given location, either at the Rentor’s address or at another one of his Item locations.

b. Rentor Must Have Rights To The Item Offered For Rent

The Rentor must either own the Item, or be lawfully allowed to rent the Item which he or she lists for rent.

The Rentor, either an individual or a professional, is not allowed in any case to publish any contact information within its Item Listing. The physical address of the Item detailed location, the Rentor’s address, their fax or telephone , an email address or a Site address are all considered as contact information.

c. Rentor Cannot Change Price Of Transaction Once Accepted

The Rentor cannot in any case change the price of a transaction, which he or she has already accepted.

d. Content of Item Listings

Users and members agree not to ask for any form of financial compensation in relation to the use of the Content published on MyEquipment4Rent.

MyEquipment4Rent also has the right to monitor, edit, and partially or totally delete any content found in Item Listings.

MyEquipment4Rent has no obligation of diligence with regards to the publication of content.

f. MyEquipment4Rent May Publish Item Listings On Partner Sites

You agree that MyEquipment4Rent may, in its sole discretion, publish all or part of your Item Listings on third-party Sites. You agree that MyEquipment4Rent can use published Content for commercial means, and can sell or exchange information (Except personal information – See Privacy Policy) with third parties.

g. Member Guarantee Regarding Proprietary Rights

The Member guarantees that he or she possesses all the intellectual property rights in the Content of the Item Listings, texts and visual elements. The Member also guarantees that he or she possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Item Listing.

9. Taxes, Licenses, and Certifications

MyEquipment4Rent does not pay any taxes on behalf of the Users or Members of the Site. Users and Members are solely liable for any taxes resulting from any transaction or use of our Services or Site.

Whether you are a business entity or individual, or whether you are a Rentor or a Rentee, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. MyEquipment4Rent recommends that you seek advice from a tax professional.

Depending on the circumstances, such as the number of transactions you conduct, the subject matter of the transaction, licenses or certifications might be applicable to you. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. MyEquipment4Rent is not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or Site, or for conducting a transaction. MyEquipment4Rent makes no representation or guarantee about licensing or certification of its Users or Members.

10. Geolocalisation and Privacy

One of the features of MyEquipment4Rent is to be able to search locally for an Item using geolocalisation tools. MyEquipment4Rent does not provide the address of the Rentor and only lists the adddress of the item, if available.

The Google Maps tool uses an arrow to roughly show where the Item Location is. This arrow will pinpoint the location with an approximation.

 

11. Modifications

MyEquipment4Rent reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Policies. All changes will be effective once published on the Site. Use of the Site after these changes have been published constitutes your acceptance of the modified Policies. MyEquipment4Rent reserves the right to modify, interrupt, or end at any time any service, without taking responsibility for the consequences resulting from these modifications, interruptions or ending of these services.

12. Use of External Applications

Usage of the application Google Maps is subject to implicit acceptance of the terms and conditions for Google Maps (http://maps.google.com/help/terms_maps.html).

Information on the maps obtained via Google is offered as indications only.

 

13. Intellectual Property

All intellectual property rights in any part of the Site are owned by or licensed to MyEquipment4Rent. No intellectual property right in any part of the Site is intended to, and it shall not be deemed to, transfer to any person who accesses the Site.

You grant to us a non-exclusive licence to use, copy, adapt and make available any content posted on the Site for our own internal or external purposes.

MyEquipment4Rent may at its own discretion and without giving notice alter or remove any part of the Site.  In no event will MyEquipment4Rent be liable for any loss or damage arising as a result of modifications made to the Site.

14. Information Sharing & Disclosure

a. Personal Information

MyEquipment4Rent is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties without your consent except in accordance with our Privacy Policy.

b. Security and prevention against loss, misuse or alteration of information

MyEquipment4Rent has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.

While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

Your MyEquipment4Rent account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining the confidentiality of your password used on the MyEquipment4Rent Site. We recommend that you change your password from time to time for additional security. Please advise us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

15. MyEquipment4Rent’ use of User’s materials

When using MyEquipment4Rent services, you are requested to provide to us or to other Users information concerning MyEquipment4Rent services, including your registration, your Item Listings and Item transactions, evaluations and comments, your messages, or any other information you may publish on the Site. You are solely responsible for this information. MyEquipment4Rent only acts as a passive intermediary in publishing them online.

By accepting the present Terms  and other MyEquipment4Rent Policies, you accept to only use the personal information of other Members that is provided to you through the Site, to (a) close a transaction that does not involve unsolicited commercial messages, or (b) use third party services provided via MyEquipment4Rent (sequestration, insurance, claims and communications in case of fraud), or (c) for any other use authorised by the User. You agree to use this information in accordance with applicable laws and under these Terms. Subject to the foregoing, you cannot provide personal information of other Users to third parties without prior written permission by MyEquipment4Rent and the corresponding User.

18. Proprietary Rights

Subject to our Privacy Policy, any Content that you transmit to the Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you might retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any User of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorised to act on behalf of the Rentor of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright Rentor, agent, or the law; and

6. A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the Rentor of an exclusive right that is allegedly infringing.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party.

General Terms and Conditions

Privacy

We collect personal information about you through and in connection with your use of the Site and your use of MyEquipment4Rent.com. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms.

Promotion Codes

Any promotion code or offer provided on the Site or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.

Assignment/Transfer By Us

You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms to any third party. These Terms are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Site, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Third Party Rights

Nothing in these Terms confers  on any third party or any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.

Entire Agreement

These Terms (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms.

Cookies

Our Site uses settings led cookies, feature led cookies, analytic cookies and third party cookies to assess, operate and improve the Site and to operate the Service effectively.  You can find out more information about cookies here: www.allaboutcookies.org.

If you are happy for us to use cookies to run the Site you must indicate your consent when you go through our registration process stating that you have reviewed the Terms & Conditions and agreed with them.