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:
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.
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.
All Users must adhere to the following guidelines:
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.
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.
The Services enable Users to arrange and schedule peer-to-peer rental transactions, facilitate payments, and offer related customer support. You acknowledge that:
Lenders are prohibited from listing the following items for rent on our platform:
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:
As a Borrower, you agree to:
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.
You may not:
To access certain features, you must create an account. Ensure your information is accurate and up-to-date, and safeguard your account credentials.
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.
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.
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.
Business Lenders must assess and maintain appropriate liability insurance that covers rental-related risks, including but not limited to:
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:
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.
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.
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:
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).
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:
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.
We reserve the right to terminate or suspend your access to the Services at any time without notice.
The Services are provided “as is” without warranties. We disclaim all implied warranties, including merchantability and fitness for a particular purpose.
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:
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.
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.
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.