Terms and Conditions

Introduction

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 willfulmisconduct. 

(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 provided for access and use solely by persons located in the European Union, the European Economic Area or Switzerland, where the Company makes the Products and Services available. Please do not attempt to use the Application, Products or Services if you reside outside of the supported service area shown in the Application or if the Products and Services are not offered in your location. 

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, passwords and accounts

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: 

rights granted to you under these Terms will also terminate; and 

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 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. 

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.

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 laws applicable in the European Union, European Economic Area (EEA) or Switzerland depending on the location and, to the extent applicable to you as a consumer, by the laws of your country of habitual residence without giving effect to any conflict of laws principles that would deprive you of mandatory consumer protection. 

Except as restricted by applicable law, you agree that disputes may be brought in the competent courts determined under applicable law. If you are a consumer, you may generally bring claims in the courts of your country of residence, and the Company may generally bring claims against you only in the courts of your country of residence, subject to mandatory European Economic Area, European Union and Switzerland rules on jurisdiction, respective of the location of use.

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 communication

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

These Terms may be made available in multiple languages for convenience.

In the event of any inconsistency between language versions, the version in the official language of the country in which the End User is habitually resident shall prevail, where required by applicable law.

Otherwise, the English version shall be the controlling version.

 

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. Personal information is collected, used, and disclosed in accordance with applicable Canadian federal and provincial privacy laws, as described in our Privacy Policy (Canada). All personal information we collect, use and disclose in accordance with applicable Canadian federal and provincial laws is as described in our Privacy Policy and covers the Products, Application and Services. 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 Services are offered in Canada, subject to availability and applicable local laws. Certain features, equipment, or locations may not be available in all provinces or municipalities.

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. 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:

1. THE OPERATION OR USE OF THE APPLICATION, PRODUCTS, OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE;
2. THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR
3. 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.

†uThe 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.

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.

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.

Toutefois, lorsque la loi applicable l’exige, notamment au Québec, les présentes conditions peuvent être mises à disposition en français.

In the event of any inconsistency or conflict between language versions, the version required by applicable law shall prevail, and otherwise the English version shall govern.

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