Last updated August 27, 2021
Renterii is licensed to You (End-User) by Renterii Inc, located at 441-100 Innovation Dr, Winnipeg, MB R3T 6G2, Canada, (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. Renterii Inc, not Apple, is solely responsible for the licensed application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service and Google Play Terms of Service Renterii Inc acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1.1 Renterii Services
Renterii Inc (hereinafter the “Application”) is a piece of software created to Facilitate online Peer-to-Peer rentals from a mobile device. The Application is customized for Apple and other branded mobile devices. It is used to List, Discover, + Rent out in real-time from the Renterii mobile application.
Furthermore, it is used to:
(A) Allow Users the offering to rent out household items, residential spaces, and other goods (“Item(s)”) to other Users. Users who seek to rent out Items as “Lenders” can create and publish on the Platform a listing in respect of the Item, which includes pricing (minimum rate, hourly, daily, weekly, monthly, event), pictures, description, availability type (quick check, manual, system), pickup location, delivery from location, as well as any rules or instructions. Additional requirements for listing and renting of residential spaces for short-term rental can be found in our SHORT-TERM RENTAL provisions. Users seeking to rent an item from a Lender (“Renters”) can make requests to book the Items in accordance with the terms set by the Lender.
(B) Directly Book an Item. Renters can request to book Items made available by Lenders by making a request to the Lender through the Platform and including the requested “Booking Start Date” and “Booking Completion Date” and paying the applicable fees (as set out in our FEES AND PAYMENT section below), including the rental fee charged by the Lender (“Rental Fee”). Once confirmed by the Lender, Renterii will notifying the Renter that the Booking is confirmed.
(C) Deliver the Use of an Item. On the Booking Start Date, Lenders and Renters are required to be at the agreed-upon location to deliver the Item to the Renter. Renters are responsible and liable for the Item during the Booking and must treat the Item with care and respect. Renter will be liable to cover the costs of damage or replacement of any damages or loss of the Item during the Booking, as well as any damages associated with failing to return the item on time. Upon return to the Lender at the agreed-upon location. The Lender will inspect the item to ensure it is in the same condition that it was when it was delivered to Renter. After the inspection, a cleaning fee may be a result depending on the item and the Lender’s additional fees.
(D) Offer Item Rental Insurance through our National Insurer. Renterii offers insurance through a third-party insurer that covers eligible Items of Lenders located in eligible jurisdictions. The details of the insurance policy are located at http://www.Renterii.com/insurance. A Lender may choose to opt-out of the insurance coverage, provided that the Lender assumes all risk associated with renting its Item through the Platform. The cost of the insurance coverage can be included in the standard rental listing. The cost of the insurance coverage can be included in the standard rental fee. IF THE LENDER OPTS OUT OF THE INSURANCE COVERAGE OR THE RENTAL IS NOT COVERED BY INSURANCE BASED ON THE LOCATION OF THE BOOKING OR CATEGORY OF ITEM (E.G. EXCLUDED ITEMS), THE LENDER AGREES THAT RENTERII SHALL HAVE NO LIABILITY TO THE LENDER IN THE EVENT OF ANY DAMAGE, LOSS, OR THEFT TO AN ITEM RENTED THROUGH THE PLATFORM. In the event of any inconsistency between these Terms and the Insurance Policy, the terms of the Insurance Policy will prevail solely to the extent of any inconsistency. And;
(E) Offer Rental Agreements. Once a Lender has accepted a request to book an Item from a Renter and the Booking is confirmed, the Lender and Renter will be required to execute a Rental Agreement in respect of the Booking. These Terms shall form part of the Rental Agreement.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded products or other mobile devices that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replaces, repair, and/or supplement the first Application unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Renterii Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Renterii Inc’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Renterii Inc and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed application.
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to a licensed Application.
8.3 Licensor takes no accountability and responsibility in case of THE RENTER OF ANOTHER PERSON’S MOVABLE PROPERTY, DOES NOT ADHERE TO THE FOLLOWING TERMS OF SERVICE (TOS). SHOULD THESE TERMS NOT BE RESPECTED, THE RENTER WILL BE HELD RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE LOSS OR DAMAGE TO THE RENTED MOVABLE PROPERTY. YOU, AS THE RENTER, WILL BE RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THE LOSS OR DAMAGE TO THE RENTED MOVABLE PROPERTY IF THE LOSS OR DAMAGE WAS CAUSED BY: 1. CORROSION, RUST, RODENTS, INSECTS, VERMIN, DAMPNESS OF ATMOSPHERE, STAINING OR FREEZING 2. ARTIFICIALLY GENERATED ELECTRICAL CURRENTS TO ELECTRICAL APPLIANCES OR DEVICES (INCLUDING WIRING); 3. ATTEMPTING TO FIX, ADJUST OR SERVICE THE RENTED MOVABLE PROPERTY DEEMED TO BE DAMAGED; 4.NEGLECT TO USE ALL REASONABLE MEANS TO SAVE AND PRESERVE THE RENTED MOVABLE PROPERTY AT AND AFTER ANY DISASTER, OR WHEN YOU HAVE NOTICE OF AN IMPENDING DISASTER; 5. A CRIMINAL OR WILLFUL ACT OR OMISSION; 6. ANY ACT COMMITTED OR CONSPIRED TO COMMIT WITH THE INTENT TO CAUSE LOSS OR DAMAGE TO THE RENTED MOVABLE PROPERTY; 7. ANY ACTUAL OR ALLEGED SPILL, DISCHARGE, EMISSION, DISPERSAL, SEEPAGE, LEAKAGE, MIGRATION, RELEASE, OR ESCAPE OF POLLUTANTS 8. SEIZURE OR CONFISCATION FOR BREACH OF ANY LAW OR BY ORDER OF ANY PUBLIC AUTHORITY.
8.4 Licensor takes no accountability and responsibility in case of THE LENDER OPTING OUT OF THE INSURANCE COVERAGE OR THE RENTAL IS NOT COVERED BY INSURANCE BASED ON THE LOCATION OF THE BOOKING OR CATEGORY OF ITEM (E.G. EXCLUDED ITEMS), LENDER AGREES THAT RENTERII SHALL HAVE NO LIABILITY TO LENDER IN THE EVENT OF ANY DAMAGE, LOSS, OR THEFT TO AN ITEM RENTED THROUGH THE PLATFORM. In the event of any inconsistency between these Terms and the Insurance Policy, the terms of the Insurance Policy will prevail solely to the extent of any inconsistency.
8.5 Licensor takes no accountability and responsibility in case of any actions by another user, individual, business, association, entity, or group that may physically, financially, verbally, digitally harm or distress you in any way during your interaction with the renterii platform. We use commercially reasonable efforts to provide an honest, safe, and trustworthy community but cannot be responsible for the actions of third parties.
8.6 Licensor takes no accountability and responsibility in case of Damage and Theft. Unless expressly indicated otherwise, Renterii will not be responsible for any damages, theft, or destruction of items booked through the Platform, and any losses arising from the use of the Platform will not be compensated or reimbursed by Renterii.
8.7 Licensor takes no accountability and responsibility in case of Accuracy of Users and Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on Renterii. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact through the Platform. We do not endorse any persons who use or register for our Services. However, Renterii reserves the right (but is not obligated to) to verify the identity of Users as well as the availability and fitness of Items listed for rent by Lenders. RENTERII IS NOT RESPONSIBLE FOR ANY FALSE OR MISLEADING INFORMATION ON THE WEBSITE OR PLATFORM AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE PLATFORM OR INFORMATION PROVIDED ON THE PLATFORM.
8.8 Licensor takes no accountability and responsibility in case of USE OF ANY ITEMS RENTED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEY HAVE ADEQUATE KNOW-HOW, TRAINING, SKILLS, AND ABILITIES TO USE ANY ITEM, INCLUDING OBTAINING AND REVIEWING MANUFACTURER INSTRUCTIONS AND SAFE HANDLING GUIDES. RENTERII WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, DAMAGES (INCLUDING DAMAGES TO INDIVIDUALS OR PERSONAL PROPERTY OR DEATH) ARISING FROM THE USE OF ANY ITEM.
8.9 Licensor takes no accountability and responsibility in case of ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE RENTERII WEBSITE, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE RENTERII WEBSITE, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS TO WHOM YOU SEND OR TRANSMIT ANY CONTENT USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENTERII’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) AMOUNTS YOU’VE PAID RENTERII IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Renterii Inc’s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Renterii Inc about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Application is defective, Renterii Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the application was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.
10. PRODUCT CLAIMS
Renterii Inc and the End-User acknowledge that Renterii Inc, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims to arise under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact:
441-100 Innovation Dr, Winnipeg, MB R3T 6G2, Canada
The license is valid until terminated by Renterii Inc or by You. Your rights under this license will terminate automatically and without notice from Renterii Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Renterii Inc represents and warrants that Renterii Inc will comply with applicable third-party terms of agreement when using licensed Applications.
In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Renterii Inc and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Renterii Inc, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of Canada excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
18.1 Registration. In order to use Services as a Lender or Renter, you must register for an account (your “Account”). You agree to (a) provide accurate, current, and complete information as may be prompted by any registration forms (“Registration Data”); (b) maintain the security of your password, and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
18.2 Eligibility. Renterii makes the Services available in certain cities, as stated on our Platform (“Eligible Locations”). In order to register for an Account, you must be located in an Eligible Location and you must be at least 17 years old. Renterii reserves the right to amend its eligibility criteria at any time.
18.4 Organization Accounts. If you register for an Account or use the Services on behalf of any organization, entity, or third party, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
18.5 Billing Information. Registered Users are required to provide valid credit card information, direct deposit information, or other acceptable payment information to register (collectively known as “Payment Information” and “Payout information”), which will be provided to Renterii’s third-party payment processor (“Payment Processor”) and used for payment of fees and payouts under these Terms and remittance of payment for Platform transactions. Users shall promptly advise Renterii if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay fees caused by out-of-date Billing Information.
19. FEES AND PAYMENT TERMS
19.1 Fees. There are no fees to register for the Renterii Services. However, Renterii charges a fee for each transaction made through the Platform (“Transaction Fees”). Renterii charges the Renter 12-13% dependent on their locations a processing fee which the fee is displayed to the Renter at the time of checkout for a Booking. If you rent out an Item as a Lender or rent an Item as a Renter, you agree to pay all Transaction Fees described herein or otherwise quoted to you at the time of the transaction.
19.2 Taxes. Transaction Fees and any other fees for purchases made through the Platform are subject to applicable taxes which will be determined by Renterii and added to the respective fees. Renterii is not responsible for calculating, reporting, remitting, and withholding any applicable federal, state, provincial, goods, services, value-added, municipal, or other taxes associated with the Poster’s services rendered or income earned through the Platform (“Lender Taxes”). Lenders are solely liable for calculating, reporting, remitting, and withholding any taxes associated with Lender’s services rendered through the Renterii Platform and agree to indemnify and hold harmless Renterii for any taxes
19.3 Payments. Renterii uses a third-party service provider, Stripe, to process all payments through the Platform. Users are not permitted to make payments outside the Platform in connection with transactions arising from the use of the Platform (unless in the form of a deposit). By providing your Billing Information, you agree to allow Renterii to capture payments for when you confirm a booking by paying 100% of the booking total or 50% of the booking total depending on the region. Renterii does have the right to process additional charges for late fees or fees as a result of submitted disputes by the Lender. Additionally, Renterii is not responsible for any fees that may or may not be applied to your Billing Information by your credit card provider or financial institution related to your use of the Services. Renterii disclaims all liability in this regard.
19.4 Booking Process. In order for a Renter to confirm a Booking, the Renter must pay 100% of the total booking fees at the time of booking (“Booking Deposit”). In the case there is a remaining balance, it will automatically be charged to Renter’s Billing Information one (1) day before the Booking Start Date. The Booking Deposit and balance will be held by Renterii for the duration of the Booking. If the Billing Information is denied or the payment otherwise fails, Renterii will automatically attempt to re-process the payment until it is successful or the Booking is canceled. If the Booking Start Date is less than one (1) day away from the date that Renter requests to make the Booking, Renter will be required to pay 100% of the total booking fees to confirm and reserve the item(s). Both the Renter and the Lender agree to allow Renterii to hold the funds from the time of the first payment to the date that the Booking is marked as completed or a dispute has reached a resolution.
19.5 Damage Deposit. The lender may have the option to require the Renter to pay a damage deposit (“Damage Deposit”) which will be collected and held by the Lender for the duration of the Booking. If the Lender requires a Damage Deposit, this must be paid at the time of reservation. If the equipment is damaged, lost, or stolen during the Booking, the Renter will immediately forfeit the Damage Deposit to the Lender, provided that Lender submits an “Issue” via email (email@example.com) to Renterii within 24 hours of the Booking ending and files a police report if requested by Renterii. The Lender will not be entitled to any other compensation from Renterii or Renter. In cases where a deposit is required both the Lender and the Renter are responsible for any additional processing fee.
19.6 Payment to Lender. Renterii will release the Rental Fees owed to the Poster (the total Booking Fees less the Renterii Service Fee and any other applicable taxes and fees) three to five business days of the time that the Booking is marked as Complete. Depending on the Lender’s bank, it may take additional time for the funds to be deposited to Lender’s Billing Information.
19.7 Issues. If there is an “Issue” requested within 48 hours of the Booking Completion Date, the funds will not be released to the Lender until the Issue has reached a resolution. Renterii has the right to determine, in its sole discretion, how to resolve an issue, including:
– Issuing a refund to the Renter;
– Requiring the Renter to pay for damages caused to an Item;
– Suspending or terminating any User’s Account; and/or
– Requiring the Renter to pay the listed additional fees.
19.8 Refunds. Renterii does not offer any refunds in respect of Transaction Fees. Some Lenders may offer refunds in accordance with our Cancellation Policy available at http://www.renterii.com/en/cancellation. Renters must review the cancellation terms prior to the time of requesting a rental.
19.9 Credit card chargebacks. Renters are liable for all Booking Fees and are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. A chargeback is usually issued when a customer disputes a charge that appears on their credit card statement. A chargeback may result in the reversal of a transaction. When a chargeback is issued, Renter is immediately liable to Renterii for the full amount of payment of the chargeback plus any associated fees, fines, expenses, or penalties. You agree that we may recover these amounts by means of any Billing Information or another bank account you have provided to Renterii or by way of set-off of any amounts owed by Renterii to you. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.
19.10 Late Fees. In the event that an item is not returned on the booking’s end date and time, the renter will be charged 2x the daily rate of the item for each day it is not returned. If the item is not returned within 4 days it will be escalated to the appropriate authorities and with a description of the renters’ personal information.
20. LICENSE; INTELLECTUAL PROPERTY
20.1 License. Subject to your compliance with these Terms and your payment of any fees owed hereunder, Renterii grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform, and the Services, and (b) download, install and use one copy of the App, if available, on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the Renterii names, trademarks, logos, or other distinctive brand features without our prior written consent.
20.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Renterii Content”), and all intellectual property rights related thereto, are the exclusive property of Renterii and its licensors. Use of the Renterii Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
20.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Renterii under any fiduciary or other obligation and that we are free to use the Feedback without any compensation to you and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone
20.4 User Content. Renterii does not claim ownership of the data, materials, and/or content created, uploaded, or otherwise transmitted by you through use of the Renterii Website, App, or Service, including but not limited to Item descriptions, photos, graphics, designs, drawings, electronic documents and comments (“User Content”). However, by using the Website, App, and/or Services, you grant Renterii a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display, and sublicense such User Content for the purpose of operating the Website, App and Services.
20.5 Notice and Procedure for Making Claims of Copyright Infringement. Users are strictly prohibited from using the Platform and Services to infringe the intellectual property rights of others. If you believe your copyright has been infringed, please provide Renterii with the following information and Renterii will forward your notice to the User: – claimant’s name and address; – identify the copyrighted material that is alleged to have been infringed and the claimant’s interest or right with respect to that material; – specify the location data (e.g. the web address or Internet address associated with the alleged infringement); – specify the infringement that is alleged, and – specify the date and time of the alleged infringement. Notices must be sent to firstname.lastname@example.org. Renterii has an obligation under Canadian copyright law to forward any notice that complies with Copyright Act.
21. LICENSE RESTRICTIONS
Renterii may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Renterii Website and the Services only for purposes as permitted by these Terms. Renterii reserves the right to modify or impose any limitations on the use of the Renterii Website, App, and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Renterii Platform at any time without any liability whatsoever. In using the Renterii Website and/or the Services you shall not: (a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone; (b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Renterii Website, App or the Services; (c) upload, post, email, transmit or otherwise make available any material that: – is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; – you do not have a right to make available under any law or under a contractual relationship; – infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); – is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; – contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or – contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive or any material that could damage or harm minors in any way. (d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Renterii Website, App or any software provided by us; (e) use our Services 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; (f) use automated scripts to collect information or otherwise interact with the Services or the Website; or (g) advocate, encourage or assist any third party in doing any of the foregoing.
22. USER CONDUCT
22.1 All Users in using the Services as a Lender or Renter, you agree to comply with all Booking procedures and use your best efforts to provide an enjoyable and safe experience for other Users. Moreover, you agree that you will not:
(a) Create any false Issue requests;
(b) Post any content that is listed in our PROHIBITED CONTENT;
(c) Post any content that does not comply with our SHORT-TERM RESIDENTIAL SPACE RENTALS requirements;
(d) Publish any false or inaccurate review or representation of another User or another User’s Item;
(e) Create more than two Renterii Accounts for yourself or on behalf of another person or business without
(f) Create a posting for an Item that is not in your possession or that you do not have permission to rent without
(g) Allow a Booking of an item that is already confirmed by another User (double booking the Item)
(h) Solicit users to join a third-party service that may or may not be a competitor of Renterii;
(i) Use, copy or steal another User’s User Content;
(j) Post an Item with information that is false or misleading, including in the picture, description, condition rating,
(k) Intentionally or unintentionally cause harm or damage to another User’s Item, steal an Item, use any Item for a purpose that is not the Item’s primary purpose or use an Item to commit any crime or otherwise break any
(l) Use or promote the Renterii platform to promote any illegal or violent activities;
(m) Discriminate against any other User, including refusing to interact with another user solely based on race, gender, sexual orientation, nationality, culture, and/or religion;
(n) Use the Renterii platform in any way to harm, disrespect, or bully another User;
(o) Attempt to intentionally cause a poor experience for another User;
(p) Attempt to blackmail or extort another User for a personal gain or for the User’s downfall;
(q) “stalk” or harass any other User or collect or store any information about any other User other than for purposes of transacting with one another; or
(r) Impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any
person or entity.
22.2 Renter Rules.
Renters further agree to the following conditions in respect of any Booking:
(a) Renter shall not sub-lease or otherwise rent the Item to any third-party during a Booking;
(b) Renter shall not use the Item for any illegal activities;
(c) Renter shall use all reasonable efforts to ensure the item is not damaged, lost, or stolen during the Booking; and
(d) Renter will be liable for any additional costs incurred by the Renter while using the Item, including but not limited to those communicated to Renter at the time of the Booking. RENTERS REMAIN SOLELY LIABLE FOR ANY DAMAGE, LOSS, OR THEFT TO THE ITEM DURING THE BOOKING, INCLUDING PAY FOR ANY REPAIRS OR REPLACEMENT COSTS. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS RENTERII AND THE POSTER OR LENDER FOR ANY DAMAGES TO RENTED ITEMS, THIRD PARTY PROPERTY, AS WELL AS INJURIES OR DEATH ARISING FROM RENTER’S RENTAL AND USE OF THE ITEM. RENTERS ARE NOT COVERED AS ADDITIONAL INSURED UNDER RENTERII’S INSURANCE POLICY.
23. PROHIBITED CONTENT
23.1 Prohibited Content
The following list of content may not be posted on Renterii, either as a listing or for any other purpose:
(a) Motorized Vehicles (unless permitted);
i. Including but not limited to cars, motorized scooters, motorized watercrafts
(b) Solicitation of Services
(c) Adult Content;
i. Including but not limited to pornography, nude photos, videos, or erotic products
(d) Baby Items Deemed Unsafe by Health Canada;
i. Including but not limited to baby nests, baby walkers, car seats, and booster seats
manufactured prior to January 2012, traditional drop-side cribs, inclined sleepers
(e) Blood, bodily fluids, body parts;
(f) COVID-19 related items;
(g) Cannabis and Cannabis-based Products;
(h) Counterfeit items;
i. Including but not limited to the distribution of copyrighted material
(i) Digital Items or Accounts;
i. Including but not limited to Netflix accounts, gaming accounts, digital copies of movies, digital
applications that are subscription or licensed based.
(j) Government Issued IDs, badges, uniforms, and Licenses;
(k) High-Powered Laser Pointers;
(l) Identity Documents, Personal Information, Mailing Lists;
(m) Unauthorized Wildlife Products;
i. Including but not limited to bear traps, moss ball products
(n) Offensive and Obscene Material;
(o) Stolen Property;
(p) Used Cosmetics;
(r) Items that have been Recalled;
24. SHORT-TERM RESIDENTIAL SPACE RENTALS
24.1 Accommodation Reservations
Lenders are permitted to post listings for the short-term rental of residential spaces (“the Accommodation”). An Accommodation reservation is a limited license to enter, occupy, and use the Accommodation. The Lender retains the right to re-enter the Accommodation during the Renter’s stay, to the extent: (i) it is reasonably necessary, (ii) permitted by the Renter’s contract with the Lender, and (iii) consistent with applicable law. If a Renter stays past checkout, the Lender has the right to make the Renter leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.
24.2 Renter Responsibility
In addition to any other responsibilities in these terms:
(a) A Renter must not exceed the maximum number of allowed guests;
(b) The Renter is responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they invite to join or provide access to any Accommodation. For example, this means: (i) they are responsible for leaving an Accommodation (and related personal property) in the condition it was in when they arrived, and (ii) they must act with integrity, treat others with respect, and comply with applicable laws at all times;
(c) If a Renter is booking for an additional guest who is a minor or if they bring a minor to an Accommodation, they must be legally authorized to act on behalf of the minor and they are solely responsible for the supervision of that minor;
(d) Assumption of Risk. The Renter acknowledges that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, the Renter assumes the entire risk arising out of your access to and use of the Renterii Platform and any content, including the Renter’s stay at any Accommodation.
24.3 Listing Requirements
The Lender is responsible for properly advertising the Accommodation. The listing of an Accommodation must include complete and accurate information about price, other charges like cleaning fees, maximum occupancies, security deposits, any rules or requirements that apply to your Renter and any other requirements set out in these Terms. Renters are responsible for keeping their listing information and content up to date and accurate at all times.
24.4 Lender’s Legal Obligation
Lenders are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to their listing of a short-term rental and Accommodations. This includes but is not limited to the following examples: Lenders much ensure their Accommodation complies with all safety, occupancy, and COVID-19 regulations in their jurisdiction. Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit short-term rentals. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Lenders to register, get a permit, or obtain a license before providing short-term rentals. Some jurisdictions require that you register Renters who stay at your Accommodation. Lenders must familiarize themselves with their jurisdiction’s rules to learn what rules apply.
24.5 Short-term rental Warranties
We provide the Renterii platform and all content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Lender, Renter, Accommodation, listing, or third party; (ii) we do not warrant the performance or non-interruption of the Renterii platform. 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.
24.6 Short-term rental Liability
Renterii (including its affiliates and personnel) will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, or property damage, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of the Renterii platform, or (iv) publishing or booking of a listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Renterii has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
These limitations of liability and damages are fundamental elements of the agreement between you and Renterii. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
24.7 Accommodation Renter Liability
Renter will be liable for any additional costs incurred by the Renter while utilizing any Accommodation, including but not limited to those communicated to Renter at the time of the Booking. RENTERS REMAIN SOLELY LIABLE FOR ANY THEFT, LOSS, OR DAMAGE TO THE ACCOMMODATION DURING THE BOOKING, INCLUDING PAY FOR ANY REPAIRS OR REPLACEMENT COSTS AND FEES ARISING FROM LATE EVACUATION OF THE PROPERTY. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS RENTERII AND THE POSTER OR LENDER FOR ANY DAMAGES TO RENTED ACCOMMODATIONS, THIRD PARTY PROPERTY, AS WELL AS INJURIES OR DEATH ARISING FROM RENTER’S RENTAL AND USE OF THE ACCOMMODATION. RENTERS ARE NOT COVERED AS ADDITIONAL INSURED UNDER RENTERII’S INSURANCE POLICY.
You agree to defend, indemnify and hold Renterii, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons to whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
26.1 Termination by Renterii. Renterii may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App, or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website, App, or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where the provision of the Renterii Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Renterii in its sole discretion, and Renterii will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
26.2 Closing of Account by User. At any time a User may terminate an Account, provided that all amounts owed to other Users and Renterii have been paid.
27. THIRD-PARTY CONTENT
27.1 Advertisements. You acknowledge and agree that the Website and Platform may contain advertisements from both other Users and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party, and you further acknowledge and agree that Renterii shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
27.2 Links. The Website and App may contain links to other websites that are not owned or controlled by Renterii. In no event shall any reference to any third party, advertisement, third-party product, or service be construed as an approval or endorsement by Renterii of that third party, third-party product, or service. Renterii is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that Renterii endorses or accepts any responsibility for the content or use of such websites, and you hereby release Renterii from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
27.3 Service Providers. Renterii uses third-party integrations to make available the Platform and Services. We cannot control how third parties conduct their business or what happens to their business or network. We cannot and will not be responsible or liable for any breaches or outages to their network, software, or any technology that they use in connection with Renterii.
28. SERVICE AVAILABILITY Renterii does not guarantee that the Service or any particular functionality will be available to Users at all times. Renterii reserves the right to alter, suspend, or discontinue the Website, Platform or Services any time we see necessary without any formal notice. The Platform may be unresponsive for maintenance and security updates or changes. To optimize your User experience, we advise you to always have the most up-to-date version of the Application. Using an older version may cause you to have a poor experience because it is not supported by new features or new technology implemented in the Platform. Renterii will not be reasonable for any cellular data overages on your smartphone or tablet.