Equip Sport • Premium Sports Equipment App

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Introduction

Please review the following terms and conditions concerning your use of and access to the Website related to the use of equipment used for stand-up paddleboard (hereinafter referred to as SUP), the provision of this type of equipment for use. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”). If you do not agree with these Terms, you may not use the Website.

Equip provides its customers (hereinafter referred to as a user) with the use of a SUP, a vest and a paddle (hereinafter referred to as equipment), and the user undertakes to pay a fee to Equip for the use of such equipment (hereinafter referred to as fee). The provision of equipment for use shall take place in accordance with the present terms and conditions (hereinafter referred to as General Terms and Conditions), after the familiarisation with which the transaction between a user and Equip is regarded as having been entered into, and the contract for use is regarded as having been entered into, too (hereinafter referred to as the contract).

Equip offers equipment only for personal use (except for special cases) and only at the sites specified on the map (hereinafter referred to as a map), which is available on the webpage of Equip as well as in the mobile application (available for iOS and Android).

By means of the webpage of equip.app (hereinafter referred to as the webpage) and Equip mobile application (hereinafter referred to as a mobile application) users can purchase services in the form of renting of SUP equipment.

By accepting these terms and conditions the user confirms that he or she has familiarised himself or herself with the General Terms and Conditions, given his or her consent to them, and is willing to adhere to them.

Questions regarding these General Terms & Conditions, Privacy Policy or others should be directly sent to Equip by email: support@equip.app

1.1 GENERAL PROVISIONS

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. All features, content, specifications, products, technologies, colours and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only.

Equip provides the equipment to the user for personal use under the terms and conditions listed in General Terms and Conditions, and the User undertakes to pay for such equipment the fee specified in the price list, which is available in the mobile application. This obligation is valid for a specific period, and the user undertakes to return the equipment to Equip after the expiration of the relevant time period.

1.2 GENERAL USE PROVISIONS

In order to accept the equipment for use, users should register on the Equip mobile application.
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Equip or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Equip and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Equip and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Equip’s prior express written permission.

Except where expressly provided otherwise by Equip, nothing on the Website or Mobile App shall be construed to confer any license or ownership right in or to the Materials, under any of Equip’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Equip. Equip does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Equip.

Any unauthorized use of any Materials contained on the Website or Mobile App may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal, and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer and mobile phone. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your account or your use of this Website or Mobile App at any time, for any reason or for no reason. You are personally liable for any bookings that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website or Mobile App at any time without notice.

1.3 LINKS TO THIRD PARTY SITES

The Website or Mobile App may contain links or have references to websites controlled by parties other than Equip. Equip is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Equip is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Equip of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Equip. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

1.4 LICENSES FROM EQUIP

In order to register a new account, the user must give his or her consent to Equip for processing personal data under the terms and by means specified in the Privacy Policy.
Equip is granting you a revocable, limited license, in compliance with these terms.

1.5 DATA FROM YOU

You grant to Equip and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to Equip by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, Equip’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

1.6 REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement. Equip warrants that it will provide the Website and Mobile App and all goods and services in a manner consistent with its business practices, as Equip, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement on their behalf.

1.7 DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EQUIP, THE MATERIALS ON THE WEBSITE AND MOBILE APP ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, EQUIP AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MOBILE APP, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EQUIP AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, THE MOBILE APP OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EQUIP AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE, THE MOBILE APP OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE OR MOBILE APP WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AND MOBILE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER EQUIP NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, THE MOBILE APP AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EQUIP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EQUIP, THE WEBSITE, THE MOBILE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. EQUIP EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE AND THE MOBILE APP. YOU USE THIRD-PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO THE USE OF SAID THIRD-PARTY PROVIDERS AND SERVICES.

1.8 LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EQUIP EXCEED $1,000.00. IN NO EVENT SHALL EQUIP OR THE THIRD-PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE PHONE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, THE MOBILE APP AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
WE TAKE NO RESPONSIBILITY FOR THE BELONGINGS THAT THE USER CHOOSES TO LEAVE IN THE LOCKER. ANY DAMAGES INCURRED TO THE USERS’ BELONGINGS WHILE USING THE EQUIP EQUIPMENT IS ALSO THE LIABILITY OF THE USER. IF THE USER FORGETS ANY OF HIS BELONGINGS IN THE LOCKER, EQUIP IS NOT LIABLE. EQUIP IS NO LIABLE FOR ANY DAMAGES, THEFT OR LOSS OF USER BELONGINGS.

1.9 INDEMNITIES

You shall defend and indemnify Equip and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against Equip or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Equip shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website, the Mobile App and/or the goods, services or materials associated with the Website the Mobile App other than in accordance with this Agreement; (b) the combination of the Website, the Mobile App and/or the goods, services or materials associated with the Website or the Mobile App with any other products, services, or materials; or (c) any third-party products, services, or materials.

1.10 YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and the Mobile App, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Equip controls and operates the Website, Mobile App and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
When entering into the contract, the user confirms that he or she is a person of full legal age or at least 16 years of age, who has entered into a transaction using the funds that have been provided for this particular purpose or for free use by a legal representative of such person or by a third person at the consent of the latter.

1.11 MISCELLANEOUS PROVISIONS

Any action related to this Agreement will be governed by Swiss law. No choice of law rules of any other jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website or Mobile App shall be subject to the exclusive jurisdiction of the cantonal and federal courts located in Geneva, Switzerland, and to arbitration, as stated herein. This Agreement represents the parties’ entire understanding relating to the use of the Website or Mobile App and supersedes any prior or contemporaneous, conflicting or additional, communications. Equip reserves the right to change these Terms or its policies relating to the Website or Mobile App at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website or Mobile App, which may be posted from time to time. Your continued use of the Website and/or Mobile App after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Equip and you as a result of these Terms or use of the Website or Mobile App. You may not assign this Agreement without the prior written approval of Equip. Any purported assignment in violation of this section shall be void. Equip reserves the right to use Third-Party Providers in the provision of the Website or Mobile App and/or the goods, services and/or materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Equip.

1.12 INTELLECTUAL PROPERTY NOTICES

Elements of the Website and the Mobile App are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website or the Mobile App may be copied or retransmitted unless expressly permitted by Equip.
All Equip trademarks and/or other Equip identifiers referenced herein are trademarks of Equip and/or its affiliates and may be registered in certain jurisdictions.

2. BOOKING POLICIES AND USE OF THE EQUIPMENT

2.1 GENERAL T&C’s

The equipment can be obtained directly from Equip Station or members of the Equip staff if on-site.
Users have the right to order and use the equipment provided that they are of at least 16 years of age and have the approval of their legal guardian(s), have previously practiced SUP and are healthy enough to do it. The equipment is meant for personal use, and users are not allowed to hand over the equipment, a seasonal ticket, a user account, or access codes to third parties.
The equipment should be handled with care and in a manner that would provide the integrity of the equipment and its preservation in the original condition (the condition the equipment was in at the moment when it was handed over to the user).

The equipment is only meant for usage in places indicated on the map unless Equip has specified otherwise.
Users are allowed to use the equipment that has been borrowed via the Equip SUPStation only within the time period (hereinafter referred to as the period of use) ordered, after which the equipment should be returned to the SUPStation, from which it was initially obtained and the locker must be closed.

Users can pay for the equipment via the Equip mobile application (hereinafter referred to as the account), after logging in.
When registering, users undertake to provide true and relevant data about themselves, including registering their correct and full name and use a valid e-mail address, and if they change, users should also change them in their account. The user can only be logged in via a single mobile application at a time.
In order to get access to the Equip SUPStation with the equipment, the user must download Equip mobile application and register their phone number. If the phone of the user has been lost or stolen; the user undertakes to inform Equip about it immediately via e-mail so as to delete their account.

The equipment from the SUPStation can be used daily even on public holidays and weekends at an hourly rate or for the whole day if there is availability. The opening times of the SUPStation and availability of equipment can be checked via the mobile application.

The SUPStation can be closed for some short period or for good, with a short-term prior notice, due to bad weather conditions, maintenance or special events or other unforeseen circumstances and users will be notified where possible by email or phone and otherwise, the SUPStation will appear offline on the Mobile App.

Before using the equipment, the user undertakes to familiarize himself or herself with the guidelines provided by Equip and follow safety requirements and the water regulations. Users also undertake to observe all of the relevant signs and follow the requirements as well as provide the safety of one’s own life and health as well as the life and health of other people and the integrity of the equipment while using the equipment. Equip has the right to stop the usage of the equipment by the user and demand the return of the equipment without paying back the money if the user does not adhere to the requirements established by the General Terms and Conditions and, regardless of previous reprimands, poses a threat to the life and health of his or her own as well as to the life and health of other people and the integrity of the equipment.

Users undertake to inspect the equipment as well as all of its auxiliaries provided to them or obtained from the SUPStation before using the equipment. While checking the equipment, users must proceed from the checklist provided by Equip, which is available in the mobile application. Even though Equip inspects its equipment regularly and has beacons to detect air pressure, situations might arise when the equipment might have some faults that are not detectable by the SUPStation. The user undertakes to inform Equip immediately via the mobile application CHAT function if there have been faults detected in the equipment provided to the user and not to use the equipment in such a case.

Users must avoid leaving the equipment unattended. The equipment should not be left unattended during the period of its use, the user must store the equipment while not using it within the SUPStation. Equipment left in locations other than the SUPStation leaves the user at fault for theft or damage, the user carries full responsibility.

Upon the end of the period of use, the user must return the equipment in due time to the SUPStation. If the locker of the SUPStation is not closed properly or some equipment is not returned, the user shall be held liable for not returning the equipment in due time and for possible damage. The user must end the session once they are sure all equipment is safely within the SUPStation. The user must make sure that the door or the frame of the SUPStation is not damaged. The elements of the equipment must be placed into designated locations, in accordance with the instructions in the SUPStation. The beacons check the existence of the equipment in the SUPStation and alert the user in the app. The user sees a confirmation that all of the equipment has been returned accordingly in the mobile application or is notified if pieces are missing. Please spare some time in order to check whether the SUPStation detects all of the elements correctly before ending your session.

If the time of using the equipment exceeds the period of use, the user undertakes to pay for the exceeded time in accordance with the price list, which is available on Equip website and app (hereinafter referred to as the price list). The user is charged for the exceeded time by default by means of the user account. If there are no sufficient funds on the user account, the user must pay for the excess time within 5 calendar days to the bank account of Equip. If the user does not pay for the exceeded time in due time, Equip has the right to block the user account of the user and limit the usage of services until the relevant payment has been made. In case of repeated violations, Equip has the right to cancel the user account on a unilateral basis, after sending a warning, which shall also result in the cancellation of the seasonal ticket.

The user shall be held liable for not placing the equipment in the SUPStation in a correct manner, or for not closing the door appropriately, or if, because of the actions of the user, the equipment has been damaged, lost, or stolen. In the event of the occurrence of the situations listed above, the user undertakes to inform Equip about it immediately. In addition to that, in such a situation the user undertakes to cooperate with the police and/or the Equip team and carry out relevant actions, such as filing an official statement.

The equipment can be returned to the SUPStation at any time, including when the provision of the equipment for use has been suspended. Equally, the equipment can be brought back early before the allocated return time simply by using the force end session button.

2.2 PAYMENT METHODS

We accept payment by Visa, MasterCard, American Express, JCB, Discover, and Diners Club. COD orders or debit cards are not accepted.
The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, we reserve the right to cancel your order without notifying you. We cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.

2.3 ONLINE GIFT CARDS

We may offer online Gift Cards for sale. Any Gift Cards purchased on this website can only be used to buy products on the Equip Mobile App. They cannot be redeemed for cash, except as required by law. Gift cards cannot be reloaded.

If a Gift Card purchased on our website is lost or stolen, we will replace it with a Gift Card in the amount of the remaining balance, only if the purchaser’s Gift Card confirmation email and Gift Card # are provided to us as proof of purchase. To report your card as lost or stolen, contact Equip customer service at digital@equip.app. For additional Terms and Conditions, see the Gift Card purchase page or the Gift Card Confirmation email.

2.4 SALES TAX

Tax will be applied to your order in accordance with local, state and international laws and regulations. Some areas require tax to be assessed on shipping and handling charges.

2.5 REFUNDS, CREDITS AND BALANCES DUE

As soon as we confirm, receive and process your refund, we will notify you via email. Your credit card should be credited within 15 business days of the time that you receive this email. The return credit should be reflected on your statement within one or two billing periods, depending on your financial institution’s billing cycle.

2.6 TIMING OF BILLING

Credit Cards: Your credit card is authorized at checkout. If this authorization is not successful, you will be notified at checkout and you must use another card.

2.7 DAMAGED AND DEFECTIVE ITEMS

If you find that any of the equipment is defective or damaged on opening your locker, please notify Equip immediately via chat on the Mobile App.

2.8 LIMITS OF RESPONSIBILITY

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of the product. If you damage any of the equipment while using it, please inform Equip immediately via chat on the Mobile App.

2.9 PRICE AND/OR DESCRIPTION CHANGES

All prices, pictures, and descriptions on this website are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies.

When you make a booking with us, you agree to the price and terms indicated on the mobile app. Price differences related to future or past prices in our store or any other store are not refundable.

2.10 ERRORS ON OUR SITE

Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered.
We reserve the right to revoke any stated offer, cancel orders, and correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

If your payment has already been processed for the purchase when your order is cancelled, we will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

3. PRIVACY POLICY

Please see the Privacy Policy page on our Website.

4. IDEA SUBMISSION POLICY

Equip wants to hear from you! We love feedback, and we want to encourage user participation in our creative processes, but we get a lot of submissions, so we have to lay down some rules. We have created this idea submission policy (the “Submission Policy”) with regard to the Website and the mobile app.

5. CHILDREN’S POLICIES

If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Equip all rights to utilize the copyright and image/likeness embodied therein.

- If you are under 16, we cannot lend you our equipment.

- If you are between 16 and 18 years old, you must get the permission of your legal guardian.

6. SUP DISCLAIMER

WARNING: SUP CAN BE A HAZARDOUS ACTIVITY. STAND UP PADDLEBOARDING USE OF THESE PRODUCTS MAY CAUSE SERIOUS INJURIES TO ANY AND ALL PARTS OF THE USER’S BODY, UP TO AND INCLUDING DEATH. THE USER SHOULD RECEIVE INSTRUCTION FROM A QUALIFIED SUP INSTRUCTOR BEFORE USING THIS EQUIPMENT. THESE PRODUCTS SHOULD BE USED BY MINORS ONLY WITH THE DIRECT SUPERVISION AND CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS. NEITHER THE SELLER NOR THE MANUFACTURER SHALL BE LIABLE FOR ANY INJURY, LOSS, DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE THESE PRODUCTS.

Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully. These Terms form a binding agreement between Equip Adventure, Inc. (“Company“, “us”, “we”, “our”) and you (“you”, “your”, “End User“). The Terms govern your use of the Company websites, including www.equip.app, dashboard.equip.app and equip.sport, and your use of the Equip Sport App on iOS and Android and the use, including any text, pictures, media, data, text, information and other materials or content therein (the “Content”) (including all related documentation, collectively the “Application“), the sports products and services that we lend to you through the Application (the “Products”), and all of the services provided by us to you, as more particularly described in the Application (the “Services”).

BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION AND BY USING OUR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS;

(B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR; AND (C) IF YOU ARE SIGNING ON BEHALF OF A MINOR, YOU CERTIFY THAT YOU ARE THE CHILD’S PARENT OR LEGAL GUARDIAN, AND YOU HAVE THE LEGAL AUTHORITY TO AGREE TO THESE TERMS ON THEIR BEHALF. YOU AGREE TO BE FULLY RESPONSIBLE FOR THE MINOR’S COMPLIANCE WITH THESE TERMS. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE APPLICATION AND THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE AND YOU ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY AND SHALL COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT DOWNLOAD/, INSTALL OR USE THE APPLICATION AND OUR SERVICES AND DELETE IT FROM YOUR MOBILE DEVICE.

1. DISCLAIMER

Please read the below carefully. This is a legal agreement and affects your legal rights.

By downloading, assessing and/or using our Application and Services, you acknowledge and agree to the following terms as a condition of renting the Products and Services from us:

(a) Assumption of Risk. I understand and acknowledge that the use of the Products and Services and participation in related activities involves inherent risks, including, but not limited to, the risk of serious injury, permanent disability, or death. I voluntarily assume full responsibility for all risks associated with the use of the Products and Services.

(b) Waiver and Release of Liability for Ordinary Negligence. To the extent permitted by law, I voluntarily release, waive, discharge, and hold harmless the Company, its officers, employees, agents, contractors, and affiliates from any and all claims, demands, or causes of action for injuries, losses, or damages arising out of or resulting from the use of the Products and Services, except to the extent caused by gross negligence or willful misconduct.

(c) Covenant Not to Sue. I agree not to initiate any lawsuit or legal claim against the Company for claims covered by this release and agree to indemnify and defend the Company against any such claims brought by me or on my behalf, except for claims based on gross negligence or willful misconduct.

(d) Use of Products and Services. I agree to use the Products and Services only for their intended purpose and in accordance with all safety instructions. I accept full responsibility for any damage or loss to the Products and Services during the rental period and agree to pay for repair or replacement, excluding normal wear and tear. You agree that we may automatically charge your payment card as a result of such damage or loss.

(e) Inspection and Acknowledgment of Product Condition. I understand and acknowledge that (a) the Products will be used by other people both before and after my use of such Products; (b) the Products can become damaged or may be in disrepair due to regular use, wear and tear, negligence of Company or other users through vandalism, or other causes, and Company is often not notified of such damage or disrepair right away; (c) although the Company endeavors to keep the Products in good repair, Product(s) that I use may be damaged or in need of repair of which Company is not aware. I acknowledge that I have inspected (or have had the opportunity to inspect) the rented Products and have found them to be in good and safe condition. I will report any defects or malfunctions to the Company immediately using the support function in the Application and will not use the Products if they appear damaged or unsafe.

2. OWNERSHIP; LICENSE GRANT.

The Services and all of the Content, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Company, our licensors, and certain other third parties. All rights, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Company, our licensors or certain other third parties, and are protected by applicable copyright, trademark, trade dress, patent and/ or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content. These Terms do not grant you a license to use any trademark of ours or of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services or the Application. All rights not expressly granted to you in these Terms are reserved. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation.

3. LICENSE RESTRICTIONS.

Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

(g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent;

(h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

(i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application;

(j) access our physical lockers without using our Application or Services; or

(k) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

4. RESERVATION OF RIGHTS.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company, its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. No logo, graphic, sound or image from the Application may be copied or retransmitted unless expressly permitted by us.

5. COLLECTION AND USE OF YOUR INFORMATION.

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing your information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. GEOGRAPHIC RESTRICTIONS.

The Application, Products and Services are based in the geographic location in the Provinces of Ontario and British Columbia only and provided for access and use solely by persons located in the Provinces of Ontario and British Columbia. Please do not attempt to use the Application, Products or Services if you reside outside of the Provinces of Ontario and British Columbia.

7. UPDATES.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. THIRD-PARTY MATERIALS.

Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and expressly disclaims any and all liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

9. REGISTRATION, ACCOUNTS AND PASSWORDS

When using our Services, you may be asked to create or register for an account (the “Company Account”) through the Application. You must treat any applicable username, password, and any other piece of information required as part of our security procedures as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your Company Account is personal to you and agree not to provide any other person with access to your Company Account or portions of it using your username, password or other security information unless you have created such account on behalf of a minor. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, including, but not limited to, the loss of your username or password. You are fully responsible for any use of your Company Account or portions of it using your username, password or other security information. You also agree to exit your Company Account at the end of each session. You should use particular caution when accessing your Company Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username or password whether chosen by you or provided by us, at any time if you have violated any provision of these Terms. We may, in our sole and absolute discretion, disable your Company Account at any time and for any reason, including, but not

limited to, your breach these Terms. Should we disable your Company Account, we will manage your data in accordance with our Privacy Policy.

10. TERM AND TERMINATION.

(a) These Terms commence when acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 10.

(b) You may terminate this Terms by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate these Terms at any time without notice if it ceases to support the Application, which Company may do in its sole discretion or ceases to offer its Products in your geographic location. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.

(d) Upon termination:

1. 1. rights granted to you under these Terms will also terminate; and
  2. you must cease all use of the Application, the Products and Services and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity.

11. DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION, THE PRODUCTS, AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, THE PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, RELIABIABILITY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE APPLICATION, PRODUCTS OR SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO REPRESENTATION, WARRANT, UNDERTAKING OR GUARANTEE, AND MAKES NO REPRESENTATION, WARRANTY, UNDERTAKING OR GUARANTEE OF ANY KIND THAT THE APPLICATION, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE TRUE, ACCURATE OR COMPLETE, COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS LICENSORS AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT:

THE OPERATION OR USE OF THE APPLICATION, PRODUCTS, OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE;
THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR
THE APPLICATION, PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE PRODUCTS, SERVICES AND APPLICATION AVAILBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS LICENSORS NOR SERVICE PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APPLICATION, PRODUCTS AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.

To the fullest extent permitted by applicable law, in no event will Company or any of its licensors or service providers, have any liability arising from or related to your use of or inability to use the application, the products or services, or for damage, loss or theft of belongings that the user chooses to leave in the locker, for:

(a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.

(b) Direct damages in amounts that in the aggregate exceed $1,000. To the extent that the foregoing limitation is not permitted by applicable law, in no event will our total aggregate liability in connection with or under these terms, or your use of, or inability to make use of, the application, the products, the services, exceed, on a cumulative and aggregate basis, the fees that you have paid us within the last thirty (30) days prior to the date that the claim arose. For greater certainty, the existence of one or more claims under these terms will not increase this maximum liability amount

(c) The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable, or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

13. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising from or relating to your use or misuse of the Application, the Products, the Services or your breach of these Terms, including but not limited to the content you submit or make available through this Application.

14. EXPORT REGULATION.

The Application may be subject to Canadian and US export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

15. BOOKING POLICIES AND USE OF THE PRODUCTS

(a) General Terms and Conditions

The Product can be obtained directly from the Company’s station (“Station”) or from members of the Company staff if on-site.

Users have the right to order and use the Products provided that they are of at least 16 years of age, have previously practiced the activity and are healthy enough to do it. The Products is meant for personal use, and users are not allowed to hand over the Products, a user account, or access codes to third parties.

The Products should be handled with care and in a manner that would provide the integrity of the Products and its preservation in the original condition (the condition the Products was in at the moment when it was handed over to the user).

The Products is only meant for usage in places indicated on the map unless the Company has specified otherwise.

Users are allowed to use the Products that has been borrowed via the Station only within the time period (hereinafter referred to as the period of use) ordered, after which the Products should be returned to the Station, from which it was initially obtained, and the locker must be closed.

Users can pay for the Products via the Application through their account with the Company (hereinafter referred to as the “Account”), after logging in.

When registering for an Account, users undertake to provide true and relevant data about themselves, including providing their correct and full name and use a valid e-mail address, and if they change, users should also change them in their Account via the Application. The user can only be logged in via a single Account at a time.

In order to get access to the Company Station containing the Products, the user must download the Application and provide their phone number. If the phone number of the user has been lost or stolen; the user shall inform the Company about it immediately via e-mail and the Company will delete their Account.

The Products from the Station can be used daily even on public holidays and weekends at an hourly rate or for the whole day if there is availability. The opening times of the Station and availability of Products can be checked via the Application.

The Station can be closed for some short period or for good, with a short-term prior notice, due to bad weather conditions, maintenance or special events or other unforeseen circumstances in Company’s sole discretion and users will be notified where possible by email or phone and otherwise, the Station will appear under maintenance on the Application.

Before using the Products, the user should familiarize himself or herself with the guidelines provided by the Company and follow safety requirements and the water regulations. Users must observe all of the relevant signs and follow the requirements as well as provide the safety of one’s own life and health as well as the life and health of other people and the integrity of the Products while using the Products or in possession of the Products. The Company has the right to stop the use of the Products by the user and demand the return of the Products without paying back the money if the user does not adhere to the requirements established by the Company and, regardless of previous reprimands, poses a threat to the life and health of his or her own as well as to the life and health of other people and the integrity of the Products.

Users shall inspect the Products as well as all of its auxiliaries provided to them or obtained from the Station before using the Products. While checking the Products, users must utilize the checklist provided by the Company, which is available in the Application. Even though the Company inspects its Products regularly, situations might arise when the Products might have some faults that are not detectable by the Station. The user undertakes to inform the Company immediately via the Application, through the chat function or otherwise, if there have been faults detected in the Products provided to the user and not to use the Products in such a case.

Users must not leave the Products unattended. The Products should not be left unattended during the period of its use and the user must store the Products while not using it within the Station. Products left in locations other than the Station leaves the user at fault for theft or damage for which the user carries full responsibility.

Upon the end of the period of use, the user must return the Products in due time to the Station. If the locker of the Station is not closed properly or some Products are not returned, the user shall be held liable for not returning the Products in due time and for possible damage. The user must end the session once they are sure all Products are safely within the Station. The user must make sure that the door or the frame of the Station is not damaged. The Products must be placed into designated locations, in accordance with the instructions in the Station.

If the time of using the Products exceeds the period of use, the user shall pay for the exceeded time in accordance with the price list, which is available on the Application. The user is charged for the exceeded time by default by means of the user account. If there are no sufficient funds on the user account, the user must pay for the excess time within five (5) calendar days to the bank account of the Company. If the user does not pay for the exceeded time in due time, the Company has the right to block the user account of the user and limit the usage of Services until the relevant payment has been made. In case of repeated violations, the Company has the right to cancel the user account on a unilateral basis, after sending a warning.

The user shall be held liable for not placing the Products in the Station in a correct manner, or for not closing the door appropriately, or if, because of the actions of the user, the Products has been damaged, lost, or stolen. In the event of the occurrence of the situations listed above, the user shall inform the Company about it immediately. In addition to that, in such a situation the user shall cooperate with the police and/or the Company team and carry out relevant actions, such as filing an official statement.

The Products can be returned to the Station at any time, including when the provision of the Products for use has been suspended. Equally, the Products can be brought back early before the allocated return time simply by using the end session button on the Application.

(b) Payment Methods

We accept payment by Visa, MasterCard and American Express, Apple Pay and Google Pay. COD orders or debit cards are not accepted. The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, we reserve the right to cancel your order without notifying you. We cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.

(c) Refunds, Credits and Balances

As soon as we confirm, receive and process your refund, we will notify you via email. The return credit should be reflected on your statement within one or two billing periods, depending on your financial institution’s billing cycle.

(d) Timing of Billing

Credit Cards: Your credit card is authorized at checkout. If this authorization is not successful, you will be notified at checkout and you must use another card.

(e) Damaged and Defective Items

If you find that any of the Products is defective or damaged on opening your locker, please notify the Company immediately via chat on the Application.

(f) Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of the product. If you damage any of the Products while using it, please inform the Company immediately via chat on Application.

(g) Price and/or Description Changes

All prices, pictures, and descriptions on the Company’s websites and Application are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within thirty (30) days regarding price or promotion discrepancies.

When you make a booking with us, you agree to the price and terms indicated on the Application.

(h) Errors on our Site

Prices and availability of Products are subject to change without notice. Errors will be corrected where and when discovered.

16. IDEA SUBMISSION POLICY.

The Company wants to hear from you! We love feedback, and we want to encourage user participation in our creative processes, but we get a lot of submissions, so we have to lay down some rules. We have created this idea submission policy (the “Submission Policy”) with regard to the Application which is available here.

17. SEVERABILITY.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

18. GOVERNING LAW.

These Terms are governed by the provincial laws of the Province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of the Commercial List of the Superior Court of Justice (Ontario) at Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.

19. LIMITATION OF TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. ELECTRONIC COMMUNICATIONS.

You are communicating with us electronically when you use the Services or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. ENTIRE AGREEMENT.

These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

22. WAIVER.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

23. ENGLISH LANGUAGE.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

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