TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
12071975 Canada Inc. operating as RentBubba ("RentBubba”), provides Services (as defined below) to you through this website ("Website”) and access to and use of this Website, and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions ("Terms”).
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. RentBubba reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on December 1, 2020.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services. A cookie is a small ﬁle that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive or tablet or mobile device. When you visit our sites, we may collect non-personal information from you automatically through cookies or similar technology.
2. REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the registration process to create an account ("Account”) and select and register a unique username and password (collectively, "Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify RentBubba if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or complete, or RentBubba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, RentBubba has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
RentBubba may act upon any communication that is given through your Account or by using your Credentials. While RentBubba is not required to verify the actual identity or authority of a person using your Account or Credentials, RentBubba reserves the right in its discretion at any time to require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if RentBubba is not satisfied with the verification. For greater certainty, verification of the identity of a person means the examination of an original identifying document from an independent source (for example, a piece of government-issued photo identification such as a driver’s license or passport) to ensure that the person is who they say they are. If RentBubba, at its discretion, considers your Account or Credentials to be insecure or to have been used inappropriately, then RentBubba may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3. DESCRIPTION OF SERVICES
Services. RentBubba is offering to persons who have Accounted a service to enable the rental of goods to other persons who have Accounts (the "Services”). The provision of the Services is subject to these Terms, or other terms you accepted when subscribing for the Services. The Services include features to allow persons who have Accounts to publish an advertisement(s) for good(s) that such person (each, an "Owner”) desires to rent to persons who have Accounts (each, a "Renter”). The Services also include features to enable Renters to schedule a rental, make arrangements for pickup or delivery, and payment of rental fees. All goods rented through the Service shall be subject to the terms of a rental agreement ("Rental Agreement”) between the Owner and the Renter, which shall incorporate these Terms and Conditions.
Advertisements of Goods Available for Rent. Each advertisement must include a description of the Owner’s good(s) available for rent, photograph(s) of such good(s), pricing, availability, the location for pickup or delivery instructions, and any additional restrictions apply to the use of such good(s) by each Renter. Photographs should reflect the present condition of the Owner’s goods available for rent, and you agree to provide a higher quality photograph upon request. The Owner should include a link to the online instruction manual for such good(s) if available and/or include copies of the instruction manual(s) if available.
Cancellation of rentals. Each advertisement for good(s) available for rent through the Service shall specify the cancellation terms apply for such rental(s). Details on RentBubba’s options for cancellation are available at the following link: www.rentbubba.com/cancellation policy. Owners or Renters may cancel a Rental Agreement by submitting a cancellation request using the Service, and acknowledging a cancellation will negatively impact the Owner’s or Renter’s ranking on the Service. Subject to reasonableness, RentBubba reserves the right to suspend or cancel access to the Service for repeat cancellations in excess of three.
Use of Rented Goods. Each Renter agrees that the Owner’s good(s) will only be used in accordance with the corresponding instruction manual if available, and any additional restrictions specified by the Owner in the advertisement, which will be reproduced in the Rental Agreement. The Renter is responsible for any damages to the Owner’s good(s) up to the replacement value, and agrees to return the Owner’s good(s) in the same condition that good(s) were provided to the Renter. Rented good(s) may not be re-rented to third parties.
Security Deposits. The Service also permits Owners to request a security deposit subject to processing for loss of or damages to the rented good(s). The security deposit is paid at the same time as the rental fee and is held without interest by RentBubba’s payment processor for the duration of the rental period. The security deposit will be returned to the Renter if no losses or damages have been reported with respect to the rented good(s) following the completion of the rental period in accordance with Section 3.6 below.
insurance for Rented Goods. Subject to eligibility, Owners have the option to purchase insurance to cover damage and/or loss of the Owner’s good(s). Details on RentBubba’s insurance are available at the following link: www.rentbubba.com/protect. If insurance coverage is not available, or if an Owner does not agree to purchase insurance, then the risk of damage to and/or the loss of the Owner’s good(s) shall be borne by the Owner.
FOR GREATER CERTAINTY, RENTBUBBA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, INCLUDING THEFT OF THE OWNER’S GOOD(S), RENTED USING THE SERVICES.
Return of Rented Goods. Following the completion of the rental period, the Owner agrees to promptly inspect the returned good(s) for any damage. The Owner must advise RentBubba of any damages or the loss/theft of the rented good(s) no later than twenty-four (24) hours following the completion of the rental period. All claims for damages/losses under RentBubba’s insurance must also be submitted no later than twenty-four (24) hours following the completion of the rental period. For eligible insurance good(s), the Owner shall be reimbursed as per the terms of RentBubba’s insurance policy less the applicable deductible.
Late Fees. The Renter acknowledges and agrees that late fees will be charged at a rate of triple the daily rental rate plus a ten percent (10%) processing fee for rented goods(s) that are not returned in accordance with the return date(s) specified in the Rental Agreement. Good(s) not returned within five (5) days may be deemed by RentBubba to have been lost or stolen.
Disputes. RentBubba must be informed of any disputes between the Owner and the Renter regarding damages or losses within forty-eight (48) hours following the completion of the rental period. If we are unable to resolve any such dispute within a reasonable time, not to exceed fourteen (14) days, then the
Owner and the Renter agree that RentBubba shall be permitted to resolve the dispute which may include the issuance of a refund to the Renter, payment of late fees and/or damages by the Renter to the Owner or cancellation of the Renter’s or the Owner’s Account.
4. FEES AND PAYMENTS
Fees. Users can register and create an Account with RentBubba at no charge. For each rental transaction made using the Service, RentBubba charges a service fee ("Service Fee”). The amount of the Service Fee is confirmed to the Renter prior to the publication date of the Renter’s advertisement(s), and is also stated in the electronic Rental Agreement provided through the Service.
Payments. Once a rental has been scheduled using the Service, the Renter agrees to pay half of the Owner’s rental fee for such rented good(s) together with any applicable security deposit(s) to RentBubba upon acceptance of the Rental Agreement. The remainder of the Owner’s rental fee will be charged to the Renter five (5) business days prior to the pickup/delivery date for the rented goods(s) unless the Rental Agreement has been canceled. If the pickup/delivery date for the rented goods(s) is within five (5) business days of the acceptance of the Rental Agreement, the Renter agrees to pay the entire amount of the Owner’s rental fee to RentBubba upon acceptance of the Rental Agreement. The rental fee paid by the Renter will be held as a deposit without interest by RentBubba until the later of the completion of the rental period and any disputes between the Owner and the Renter. No additional fees except as permitted herein shall be paid by the Renter.
Payment Processing Fees. All payments made using the Service are processed by Stripe a third-party payment processor. Before payment of any fees, Renters will have an opportunity to review and accept the applicable fees that will be charged by RentBubba’s payment processor. By agreeing to proceed, the Renter authorizes RentBubba and its third-party payment processor to charge all sums described as disclosed to the Renter’s credit card.
Credit Card Chargebacks. Renters shall be responsible for any reversed or charged back credit card transactions. In the event a Renter chargeback transaction occurs, RentBubba shall invoice Renter for the full amount of the chargeback transaction plus any applicable fees and interest, which shall be payable in full upon receipt. In the event that such fees are not paid and the matter is referred to a lawyer or collection agency, the Renter shall pay all expenses incurred by RentBubba in such collection efforts including but not limited to collection agency fees, court costs and legal fees.
Payments to Renters. Following confirmation through the Service by the Owner that the rental transaction has been completed and no dispute has occurred, RentBubba shall pay the corresponding rental fee to the Owner via direct deposit to the Owner’s bank account less the Service Fee and any other applicable taxes and payment processing fees.
6. USE OF THE WEBSITE
RentBubba authorizes you to view, download, and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with RentBubba or using the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale, or other exploitation of this Website or this Website materials or content without the prior written permission of RentBubba is strictly prohibited. RentBubba reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity, and RentBubba reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
7. TRADEMARKS AND COPYRIGHT
RentBubba, this Website domain, and related words and logos are trademarks or trade names of RentBubba in Canada and other jurisdictions. RentBubba is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel, or otherwise, a license or other right to use any such marks or names or any other intellectual property right of RentBubba. The names of other companies, products, and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of RentBubba or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics, and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the RentBubba materials remains with RentBubba and any unauthorized use of such materials is strictly prohibited. RentBubba reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
8. USER-GENERATED CONTENT
Portions of this Website allow users to post and exchange information, ideas, and opinions ("User Content”), but RentBubba does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content does not necessarily reflect the views of RentBubba, and RentBubba disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments, or feedback you might have about this Website, these Terms, or any of the products or services offered by RentBubba ("Feedback”). Please refer to the Contact section of this Website for phone and email addresses.
If you provide User Content or Feedback, you grant RentBubba a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant RentBubba the right to use the name you submit with the User Content or Feedback, if any, in connection with RentBubba’s rights hereunder.
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. RentBubba has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
10. ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services, and materials on this Website for lawful purposes only and in a manner consistent with local, national, or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegally, are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless RentBubba from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, RentBubba retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit, or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
(a) Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an "as is”, "as available” basis. Neither RentBubba, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors, or third-party service providers (collectively, "RentBubba Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services, and RentBubba Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and noninfringement of third party rights, to the maximum extent permitted by law.
(b) RentBubba Parties make no warranties or conditions regarding the quality, reliability, timeliness, or security of the Services or that the Services will be uninterrupted or error-free. RentBubba Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files, or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c) The access to and downloading of material from this Website is done at your own risk. RentBubba makes reasonable efforts to ensure that this Website is virus-free, but RentBubba does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses, or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of this Website or the Services.
13. LIMITATIONS OF LIABILITY
IN NO EVENT WILL RENTBUBBA PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. RENTBUBBA PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RENTBUBBA PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES, OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM, OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT