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Welcome to LEND-IT.CA!

LEND-IT.CA is provided by Porticus Marketplace Inc. (“we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of LEND-IT.CA, including but not limited to, our consumer platforms, websites, mobile applications, and channels of communication for engaging in peer-to-peer rental transactions (collectively, the “Services”).

These Terms apply to individuals or entities who use the Services to rent items temporarily (“Borrowers”) and individuals or entities who offer their items for temporary rental through LEND-IT.CA (“Lenders”, and together with Borrowers, “Users” and each a “User”). Lenders are independent third parties not employed by us or any of our affiliates.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING LEND-IT.CA 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 access or use the Services. These Terms expressly supersede prior agreements or arrangements with you and us and/or any of our affiliates regarding the provision of Services. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

2. Code of Conduct

All Users must adhere to the following guidelines when using Services:

  • Respect: Treat all Users with kindness and respect. Be courteous in all communications and interactions, and respect the property and items of others.
  • Accuracy: Provide truthful and accurate information in listings, rental requests, and all communications. Misrepresentation of items, rental terms, or identity is strictly prohibited.
  • Safety: Prioritize safety in all rentals. Borrowers must use rented items responsibly, follow any instructions provided by the Lender, and comply with safety guidelines. Lenders must ensure that the items provided are safe, in working condition, and come with any necessary safety instructions.
  • Compliance: Abide by all applicable laws and regulations related to item rentals. This includes any local regulations governing rentals, health and safety requirements, and other relevant legal obligations.
  • Communication: Keep all rental-related communications clear, constructive, and professional. Use the LEND-IT.CA’s chat feature for rental-related discussions to ensure transparency.
  • Care and Maintenance: Borrowers agree to take reasonable care of rented items, avoiding damage, theft, or loss. Lenders are responsible for ensuring items are clean and functional before renting them out.
  • Feedback: Provide honest and constructive feedback based on your rental experiences. Borrowers and Lenders are encouraged to leave fair and respectful reviews for each other after rental transactions.
  • Prohibited Conduct: Users must not engage in fraudulent activities, harassment, discrimination, or any other unlawful behavior. Misuse of the platform, including but not limited to falsifying rental listings, attempting to rent out items you do not own, or misusing rented items, is strictly prohibited.

Failure to comply with this Code of Conduct may result in suspension or termination of access to Services.

3. Use of the Services

You may use the Services solely for your own personal use and in compliance with these Terms and applicable laws. You must be 18 years of age to use the Services.

4. Provision of Services

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

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

5. Lender Responsibilities

Lenders are prohibited from listing the following items for rent on our Services: firearms, explosives, illegal substances, prescription drugs, stolen goods, counterfeit products, hazardous materials, or any other items that violate local, provincial, or federal laws. We reserve the right to remove any listing that we deem inappropriate or that violates these Terms.

As a Lender, you agree to the following terms when listing items for rent:

  • Ownership Requirement: You must be the legal owner of the item you are offering for rent. You may not list items that you do not own or have the legal right to rent out.
  • Accurate Listings: Ensure that the listing accurately represents the condition, function, and details of the item. Any defects, damage, or limitations on the item's functionality must be clearly disclosed in the listing.
  • Item Availability and Condition: Make sure the item is available and in good working order during the rental period. You are responsible for ensuring that any rented items are clean and safe for use by Borrowers.

6. Borrower Responsibilities and Use of Rental Items

As a Borrower, you agree to the following terms regarding the use of rented items:

  • Proper Use of Items: Use rented items strictly according to the instructions provided by the Lender or the item’s manufacturer. Clarify usage instructions with the Lender if uncertain.
  • Care and Handling: Take reasonable care in handling and using rented items to prevent damage, loss, or theft. You are liable for any damage, loss, or theft during the rental period, except for normal wear and tear.
  • Condition Upon Return: Return the item in the same condition it was received, subject to normal wear and tear, and in accordance with the return requirements specified in the listing by the Lender. Immediately inform the Lender of any damage or issues that arise during the rental period.
  • Prohibited Uses: Do not use the rented items for illegal activities or in hazardous ways. Subleasing or lending the rented item to others is prohibited without the Lender’s consent.
  • Liability for Damage, Theft, or Loss: You will be financially responsible for the full cost of repair or replacement in case of damage, theft, or loss, as further outlined in section 10.

7. License

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services. Any rights not expressly granted are reserved by us.

8. Restrictions

You may not:

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

9. User Accounts

To access certain features, you must create an account. Keep your information accurate and current, and safeguard your account credentials.

10. Fees

  • Payment Processing: Borrowers are charged a processing fee of up to 2.65% + $0.15 for each rental transaction. 
  • 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.
  • 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.
  • 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: (A) 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. (B) 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 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. Prohibited Conduct

You agree not to engage in illegal, deceptive, or harmful behavior, including impersonation, interference with the Services, or other users' enjoyment of the platform.

12. Trust and Safety

We encourage reporting any violations of these Terms or any suspicious or inappropriate activity. We may take actions such as account suspension, termination, or reporting to relevant authorities if safety concerns arise. However, we are not responsible for policing the actions of Users or enforcing third-party laws or regulations.

13. User Content and Media License

By uploading, submitting, or posting any content, including but not limited to images, descriptions, or other media, to our Services, 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 represent and warrant that you own all rights to the content you upload or that you have obtained the necessary permissions from third parties to use the content. You also agree that we may use your uploaded content in marketing, advertising, or promotional activities without any compensation or obligation to you.

14. Local Regulations and Tax Compliance

It is the sole responsibility of Users to comply with all applicable local, provincial, and federal laws, including but not limited to tax obligations, zoning regulations, licensing requirements, or any other regulatory requirements related to renting or lending items. We do not offer legal or tax advice and encourage users to consult with professionals if they have any questions regarding their legal responsibilities.

15. Termination

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

16. Disclaimer of Warranties

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

17. Limitation of Liability

To the fullest extent permitted by applicable law, we, our affiliates, directors, officers, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, loss of data, loss of goodwill, personal injury, or property damage arising out of or in connection with:

  • (i) your use of or inability to access or use the Services;
  • (ii) any transaction or relationship between Borrowers and Lenders, including, without limitation, damages or injuries arising from the rental, use, misuse, or condition of rented items;
  • (iii) errors, omissions, delays, interruptions, viruses, or other defects in the Services or applications;
  • (iv) the performance or non-performance of any third party in connection with the services;
  • (v) the inability to access or use the services due to unauthorized access, hacking, or other security intrusions; or
  • (vi) any other matter arising from or relating to your use of the services.

Without limiting the foregoing, you acknowledge and agree that all rental transactions are entered into at your own risk, and we do not guarantee the condition, safety, or legality of items rented through the services. You understand that we do not inspect or vet the items rented by Lenders, and that it is your responsibility to perform any necessary inspections or evaluations.

By using the services, you agree that the disclaimers and limitations of liability set forth herein are fair and reasonable, and that your use of the services would not be possible without such limitations.

This limitation of liability provision shall survive the termination of these Terms and your use of the Services.

18. Indemnity

You agree to indemnify, defend, and hold harmless us, our 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:

  • (i) your use of the services or items rented through the Services;
  • (ii) your breach or violation of any of these terms;
  • (iii) your violation of any law, rule, regulation, or the rights of any third party, including intellectual property or privacy rights;
  • (iv) 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;
  • (v) 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;
  • (vi) any property damage or personal injury arising from your use of the rented items, regardless of whether such damage or injury is caused by you or others.

This indemnity obligation shall survive the termination of these Terms and your use of the Services.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. 

20. Governing Law

These Terms shall be governed by the laws of the Province of Ontario.