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Welcome to LEND-IT.CA

LEND-IT.CA, operated by Porticus Marketplace Inc. (“LEND-IT.CA,” “we,” “us,” or “our”), provides a platform for peer-to-peer rentals through our website platform and mobile applications (collectively, the “Services”). The Services are limited to providing a marketplace for connecting individuals and entities wishing to rent or lend items. 

LEND-IT.CA does not own, inspect, verify, or provide the items listed for rent. Any rental agreements or transactions are solely between the Lender and the Borrower. LEND-IT.CA is not a party to such agreements and disclaims any responsibility or liability arising from them, except as explicitly stated in the Lender Guarantee Policy.

These Terms apply to:

  • Borrowers – Those who rent items through the Services.
  • Personal Lenders – Individuals or entities listing items for temporary rental.
  • Business Lenders – Commercial operators offering rentals as part of their business.

Collectively, all are referred to as “Users.” Lenders are independent third parties and not employees, agents, or representatives of LEND-IT.CA or its affiliates.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1. Acceptance of Terms

By accessing or using the Services, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, you may not use the Services. These Terms supersede any prior agreements between you and us regarding the provision of Services. We reserve the right to terminate or modify these Terms, or to restrict or deny access to the Services at any time, for any reason.

2. Code of Conduct

All Users must adhere to the following guidelines:

  1. Respect: Treat all Users with kindness and respect. Engage professionally in all communications and respect others' property.
  2. Accuracy: Provide truthful and accurate information in your listings, rental requests, and communications. Misrepresentation is prohibited.
  3. Safety: Borrowers must use rented items responsibly, follow the Lender’s instructions, and comply with the product manufacturer’s safety guidelines. Lenders must ensure items are safe and in good working condition.
  4. Compliance: Follow all applicable laws, regulations, and safety requirements when using the Services.
  5. Communication: Use LEND-IT.CA’s chat feature for all rental-related communication to ensure transparency.
  6. Care and Maintenance: Borrowers must care for rented items and avoid damage, theft, or loss. Lenders must ensure items are clean and functional.
  7. Feedback: Provide fair and respectful reviews after transactions.
  8. Prohibited Conduct: Fraudulent activities, harassment, discrimination, or any unlawful behavior is prohibited. Misuse of the platform, including falsifying listings or renting items you do not own, is strictly prohibited.

Failure to comply with this Code of Conduct may result in suspension or termination of access to the Services at our sole and unfettered discretion.

3. Use of the Services

You may only use the Services in compliance with these Terms and applicable laws. You must be at least 18 years old to use the Services.

4. Provision of Services

The Services enable Users to arrange and schedule peer-to-peer rental transactions, facilitate payments, and offer related customer support. You acknowledge that:

  1. All rental services are provided by Lenders, and we do not own or provide the rented items.
  2. Lenders are solely responsible for the rental services they provide to Borrowers and the rental agreement they reach with the Borrowers.  

5. Lender Responsibilities

Lenders are prohibited from listing the following items for rent on our platform:

  1. Real property 
  2. Motorized vehicles 
  3. Motorcycles 
  4. Motorized watercraft  
  5. Manned aircraft  
  6. Off-road vehicles  
  7. Illegal substances 
  8. Firearms 
  9. Stolen goods 
  10. Counterfeit products 
  11. Hazardous materials 
  12. Any other items that violate local, provincial, or federal laws  
     

We reserve the right to remove any listing that we deem inappropriate or in violation of these Terms.

As a Lender, you agree to the following:

  1. Ownership Requirement: You must be the legal owner of the item you list for rent. You may not list items that you do not own or are not legally permitted to rent.
  2. Accurate Listings: Ensure your listings are truthful, accurately describing the condition, function, and details of the item. Any defects, limitations, or potential risks must be disclosed to the Borrower.
  3. Item Availability and Condition: Ensure items are available and in good working order during the rental period. You are responsible for providing clean, safe, and functional items that meet all necessary health, safety, and regulatory standards.
  4. Item Condition and Safety: You are solely responsible for ensuring that the items you list for rent are in a safe, functional, and useable condition, and comply with all applicable health, safety, and regulatory standards. This includes, but is not limited to, any item that may require special certification or safety compliance (e.g., medical equipment, electrical devices, or heavy machinery).
  5. Compliance with Laws: You agree to ensure that the items you list for rent comply with all applicable laws, regulations, and industry standards, including any required certifications or licenses for specialized equipment.

6. Borrower Responsibilities and Use of Rental Items

As a Borrower, you agree to:

  1. Proper Use of Items: Use items according to the Lender’s instructions or the manufacturer's guidelines.
  2. Care and Handling: Handle rented items with care, and take responsibility for any damage, loss, or theft during the rental period, except for normal wear and tear.
  3. Condition Upon Return: Return items in the same condition, subject to normal wear and tear, and inform the Lender of any issues.
  4. Prohibited Uses: Do not use rented items for illegal or hazardous activities.
  5. No Subleasing: You agree not to sublease rented items to any third party.
  6. Liability for Damage, Theft, or Loss: You are financially responsible for repairs, replacement, or cleaning if the rented item is damaged, lost, or stolen during the rental period, except for normal wear and tear. As a Borrower, you accept full responsibility for any injury, damage, or loss caused during the rental period due to your use or handling of the item, including misuse, improper handling, or failure to follow proper usage guidelines. The Lender is responsible for ensuring that the item is in good working condition and suitable for its intended purpose at the time of rental as described in section 5 above.

7. License

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services. This license only permits your use of the platform and associated functionalities provided by LEND-IT.CA. Any rights not explicitly granted are reserved by us.

For further clarity, this License does not grant you any right to use, borrow, or rent goods listed by Lenders through the Services. The right to use rented items is solely granted by the Lender under the terms of the rental agreement between the Lender and the Borrower. LEND-IT.CA is not a party to such agreements and disclaims any responsibility or liability arising from them.

8. Restrictions on Use of Services

You may not:

  1. Modify, distribute, or exploit the Services.
  2. Scrape, index, or otherwise hinder the operation of the Services.
  3. Attempt unauthorized access to the Services or related systems.

9. User Accounts

To access certain features, you must create an account. Ensure your information is accurate and up-to-date, and safeguard your account credentials.

10. Fees

  1. Payment Processing: Borrowers are charged a processing fee of up to 2.65% + $0.15 for each rental transaction.  
     
  2. Cancellations: Borrowers canceling with less than 24 hours' notice may incur a 50% cancellation fee. Cancellations made with more than 24 hours notice are exempt from fees.
     
  3. Late Returns: Borrowers may be charged a prorated late fee based on the listing's rental rate per hour. A partial hour will be considered a full hour. If the delay exceeds 3 hours, an additional $50 fee applies.
     
  4. Repair, Cleaning, or Replacement: Borrowers agree to be financially responsible for any damage, loss, or theft of the rented item during the rental period, except for normal wear and tear. If repair, cleaning, or replacement is necessary due to the Borrower’s use of the rented item:  
     
  5. For costs up to $300: Borrowers explicitly authorize us to pre-authorize or charge up to $300 on their credit card to cover the reasonable costs for repair, cleaning, or replacement.  
     
  6. For costs exceeding $300: Borrowers explicitly agree to allow us to charge their payment method for the full cost of repair, cleaning, or replacement if such costs exceed $300. The Borrower will be informed of the total cost. By using the Services, Borrowers pre-authorize these additional charges in the event the costs exceed the initial $300 limit. These charges are non-refundable once applied, and we reserve the right to verify or require documentation of the Lender's claims before processing any fees.
     

At this time, we do not charge Personal Lenders a fee for posting an item for rent. This may be subject to change in the future, and any such changes will be communicated to Users in advance.

11. Trust and Safety

We encourage reporting violations of these Terms or suspicious activities. We may take actions such as account suspension or termination in response to safety concerns but are not responsible for enforcing laws or third-party regulations.

12. User Content and Media License

By uploading, submitting, or posting any content (including but not limited to images, descriptions, or other media) to our platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and create derivative works of such content in connection with the operation, promotion, and improvement of the Services.

You also grant us the right to use any images or content you upload for marketing, advertising, or promotional purposes, including on our website, social media channels, and in other public communications, without any obligation to compensate you. You represent and warrant that you own all rights to the content you upload or have obtained the necessary permissions from third parties to use the content.

13. Business Lender Insurance 

Business Lenders must assess and maintain appropriate liability insurance that covers rental-related risks, including but not limited to:

  1. Property damage caused by a Borrower during the rental period.
  2. Bodily injury to a Borrower or third party resulting from the use of rented equipment.
  3. Theft or loss of rental inventory while in the possession of a Borrower.
  4. Equipment failure or defects that may result in claims of negligence or product liability.

Business Lenders acknowledge that LEND-IT.CA does not, and is in no way obligated to, provide insurance coverage for their rental transactions, damages, or liabilities arising from their rental operations. Business Lenders assume full financial and legal responsibility for any claims, disputes, or damages that may arise in relation to their rental activities.

Business Lenders agree to:

  1. Maintain any legally required insurance policies applicable to their rental inventory (e.g., commercial general liability, business property insurance, or specialized equipment insurance).
  2. Indemnify and hold LEND-IT.CA harmless from any claims, legal actions, or financial losses related to their rental operations, in accordance with section 16.

Business Lenders who fail to maintain adequate insurance do so at their own risk and acknowledge that they may be held personally liable for damages, injuries, or losses arising from their rentals.

We reserve the right to suspend or terminate the Services provided to Business Lenders who fail to maintain adequate insurance coverage as required by applicable laws or as otherwise deemed necessary by us for the safety and protection of Users.

14. Business Lender Eligibility for Lender Guarantee Policy

The Lender Guarantee Policy (up to CAD $3,000) applies only to Personal Lenders. Business Lenders are not covered by this policy unless the Business Lender applies and is approved at LEND-IT.CA’s discretion.

Business Lenders who believe they may qualify can submit an application to LEND-IT.CA in accordance with the process set out in the Lender Guarantee Policy. We reserve the right to approve or deny any application at its sole discretion and may modify, discontinue, or revoke this policy at any time.

15. Limitation of Liability

PORTICUS MARKETPLACE INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF:

  1. YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; AND
  2. ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, INCLUDING BUT NOT LIMITED TO LENDERS AND BORROWERS.

WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL PORTICUS MARKETPLACE INC.'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THREE THOUSAND CANADIAN DOLLARS (CAD $3,000).

16. Indemnity

You agree to indemnify, defend, and hold harmless Porticus Marketplace Inc. (operating as LEND-IT.CA), its affiliates, directors, officers, employees, agents, partners, licensors, and service providers from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable legal and accounting fees) arising out of or in connection with:

  1. Your Use of the Services: Your use of the Services, including but not limited to accessing the platform, communicating with other Users, or attempting to rent or lend items through the platform.
     
  2. Items Rented Through the Services: Any transaction, agreement, or interaction between you and another User, including but not limited to the rental, condition, use, misuse, handling, damage, loss, or theft of items rented through the Services. LEND-IT.CA does not own, inspect, verify, or provide the items listed for rent, and shall not be responsible for any issues arising from such items, except as explicitly stated in the Lender Guarantee Policy. The Lender Guarantee Policy, if applicable, is subject to its own terms, conditions, and limitations and does not alter the general disclaimer of liability provided herein.
     
  3. Breach of Terms: Your breach or violation of these Terms.
     
  4. Violation of Laws or Third-Party Rights: Your violation of any law, rule, regulation, or the rights of any third party, including intellectual property or privacy rights.
     
  5. Negligence or Misconduct: Your negligence, misconduct, or any wrongful act or omission in connection with your use of the Services, including any failure to adhere to the terms of the rental agreement between Lenders and Borrowers.
     
  6. Disputes Arising from Your Actions: Any claims or disputes arising from your actions or omissions as a Borrower or Lender, including but not limited to the condition, use, misuse, damage, or loss of any rented items.
     
  7. Property Damage or Personal Injury: Any property damage or personal injury arising from your use of rented items, regardless of whether such damage or injury is caused by you or others.

17. Local Regulations and Tax Compliance

Users are responsible for complying with all applicable local, provincial, and federal laws, including tax obligations, zoning, licensing, and rental regulations. We do not offer legal or tax advice.

18. Termination

We reserve the right to terminate or suspend your access to the Services at any time without notice.

19. Disclaimer of Warranties

The Services are provided “as is” without warranties. We disclaim all implied warranties, including merchantability and fitness for a particular purpose.

20. Dispute Resolution

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION REQUIREMENTS CAREFULLY. YOU WILL BE REQUIRED TO RESOLVE DISPUTES THROUGH MEDIATION AND, IF NECESSARY, ARBITRATION. YOU WILL NOT BE ELIGIBLE TO SEEK RELIEF THROUGH A COURT PROCEEDING, EXCEPT AS SPECIFIED BELOW.

Mediation Requirement: Before initiating any arbitration proceedings, the party with the claim must first attempt to resolve the dispute through informal negotiations in good faith for a period of at least 30 days. During this negotiation period, any otherwise applicable limitation period will be temporarily suspended.

Arbitration Requirement: If the dispute cannot be resolved through informal negotiation or mediation within the 30-day period, the dispute shall be finally and conclusively adjudicated and resolved by binding arbitration.

Unless prohibited by law, all disputes arising out of or relating in any way to the agreement between us and any Lender or Borrower, including without limitation:

  1.     these Terms;  
  2.     the Services;
  3.     the Lender Guarantee Policy; and
  4.     advertisements, promotions, or oral or written statements related to the Services, 
     

will be resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be conducted in English. The arbitration may be held in person, by telephone, or through an online platform, at the arbitrator's discretion.

The ADRIC Rules are available by searching “ADRIC Arbitration Rules” or by visiting www.adric.ca. You can also contact ADRIC at 1-877-475-4353 for more information. 

You may be required to pay certain fees to arbitrate the dispute, as outlined in the ADRIC Rules. 

Nothing in this section prevents you from filing a claim with a government agency or pursuing remedies that are available to you under applicable law.

This dispute resolution provision survives the termination of this Agreement.

If any part of this provision is deemed invalid or unenforceable, the remainder will continue in full force and effect.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be severed, and the remainder of the Terms will remain in full effect.

22. Governing Law

These Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario, or Quebec if you are a Quebec resident, and the federal laws of Canada applicable therein, without regard to conflict of law principles.