IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT USE THIS WEBSITE OR ANY SERVICES.
THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND, THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SERVICES. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO INFORM YOU OF ANY CHANGES TO THESE TERMS, INCLUDING ANY OR ALL OF POSTING A NOTICE ON THE WEBSITE; SENDING YOU AN EMAIL; VIA A LOGIN NOTIFICATION.. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR REVIEW OF AND ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE.
YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS
IN ORDER TO USE THE SERVICES, YOU MUST REGISTER WITH US AND PROVIDE CERTAIN INFORMATION. FOR DETAILS ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THE AGREEMENT AS BETWEEN US.
THESE TERMS, ALONG WITH ANY RENTAL CONFIRMATION PAGE, AND THE BIZ X CENTRE RENTAL CONTRACT, CONSTITUTE THE ENTIRE RENTAL AGREEMENT BETWEEN AN OWNER AND RENTER. YOU ARE AGREEING TO GOVERNING YOUR RELATIONSHIP WITH US BY AGREEING TO THESE TERMS BASED UPON YOUR COUNTRY OF RESIDENCE, AS SET FORTH ABOVE
BY USING THE SERVICES (AND THEREBY AGREEING TO THESE TERMS) MANDATORY PROCESSES AS ARE SET FORTH IN SECTION 13 (DISPUTE RESOLUTION). THESE INCLUDE, BUT ARE NOT LIMITED TO A WAIVER OF THE RIGHT TO BRING ANY CLAIMS IN ANY COURT BEFORE A JURY AND, A WAIVER OF THE RIGHT TO PURSUE CLAIMS ON A CLASS ACTION BASIS.
IN THE EVENT THAT YOU VIOLATE THIS CLAUSE AND/OR SECTION 13 OF THE TERMS, THIS CLAUSE MAY BE PLED AS AN ABSOLUTE BAR TO ANY COURT PROCEEDING AND; WE SHALL BE ENTITLED TO APPLY FOR THE SUMMARY DISMISSAL OF ANY SUCH PROCEEDING BASED UPON YOUR SPECIFIC AGREEMENT TO BE BOUND BY IT AND; WE SHALL BE ENTITLED TO OUR LEGAL COSTS ON THE HIGHEST SCALE AS IS PERMITTED BY THE COURT.
1. REGISTRATION
1.1 The Services. The Services are available to connect Owners and Renters with respect to Equipment and Services to be rented in Canada or the United States (the “Eligible Jurisdictions”) and to allow eligible users who have created an account through the Website and/or downloaded the App: (i) to list Equipment and Services that are available for rent if you are an Owner; (ii) search, reserve and rent Equipment and Services listed on the Website and/or App if you are a Renter; and (iii) pay for, or receive payment for, Equipment and Services rentals booked through the Website and/or App.
1.2 Important Note on Use of the Services. Biz X Centre is not a rental company. Biz X Centre is in the business of providing an online platform where Equipment and Services Owners and prospective Renters can connect, subject to these Terms. By using the Services you understand and acknowledge that Biz X Centre provides a marketplace that connects Owners with Renters, and that Owners are independent contractors and not employees of Biz X Centre. Owners are solely responsible for their Equipment and Services listed for rent through the Services including ensuring that their Equipment and Services meet minimum conditions of fitness for use and safety. Biz X Centre reserves the right to remove any Equipment and Services listing from the Services at Biz X Centre's sole discretion. Except to the extent expressly provided in these terms, Biz X Centre is not responsible for any User’s conduct, including any Renter’s or third party’s use of the Equipment and Services, nor will we be responsible for or liable in any way for any act or omissions of Owners, Renters or third party’s or for any damage however caused in connection with or in relation to any and all use of the Services.
1.3 Owner Account Registration. You must be in the age of majority in your jurisdiction of residence to register for an account as an Owner, and you must be the legal and registered owner of the Equipment and Services(s) you are seeking to list for rent, or have the express written permission of the legal and registered owner of the Equipment and Services(s) you are seeking to make available for rent through the Website/App. When you register, you will be required to provide your full name, date of birth, phone number, email address, gender, driver’s license number, and the jurisdiction in which your driver’s license was issued. Biz X Centre reserves the right to conduct background checks using third-party services to verify your driver’s license validity. You will also be required to provide the Serial Numbers of the Equipment and Services you wish to make available for rent, specific details about the item, as well as the address of the location of the item. Please note that the item location address is only visible to other Users once a reservation request has been made by a Renter and the booking is confirmed by the Owner, and payment has been made by the Renter (see Payments below for more details).
1.5 User Profiles. Once you have registered for the Services, you will be able to create a profile, including uploading a profile picture in the “about me” section of the platform. Your profile information will be visible to other Users of the Services, accordingly do not include information that you don’t want other Users to see. Any personal information that you provide in the registration process and when creating a profile will be treated in accordance with the terms of our Privacy Policy, which you must read carefully.
1.6 Minimum Age. The Services are intended solely for persons who are in the age of majority in your jurisdiction of residence. Any access to or use of the Services by individuals outside of the age of majority in your jurisdiction of residence is prohibited, and by accessing or using our Services in any way, you represent and warrant that you are in the age of majority in your jurisdiction of residence. For clarity, the foregoing is not intended in any way to modify the minimum ages for Owners or Renters as described in Sections 1.3 and 1.4.
Biz X Centre does not endorse any Users or any Equipment and Services. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity or other information provided by such User. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by these Terms we will not be responsible for any damage or harm resulting from your interactions with other Users.
2. LISTING AND BOOKING
2.1 Listing Equipment and Services. After creating an account Owners can list Equipment and Services for rent by creating a listing offering the applicable Equipment and Services for rental in an Eligible Jurisdiction. A listing may include information about the rental such as the rental fees, photos of the Equipment and Services, location of the Equipment and Services, the number of people the Equipment and Services can accommodate, availability, the minimum rental term, details about the Equipment and Services, and any other terms and conditions governing the rental of the specific Equipment and Services which are outside the scope of these Terms. Owners can also specify any additional rules that apply to Renters of their specific Equipment and Services. This information will be included in your listing of the rental on the Services. Accordingly, if you provide personal information or include photos with your family members, that information will be publicly available online. Biz X Centre reserves the right to remove any Equipment and Services listing or otherwise restrict an Owner from listing any Equipment and Services(s) if, at Biz X Centre's sole discretion, we determine that the Equipment and Services is not suitable for listing or rental. If you fail to appear on the date and at the time you are required to meet a Renter for a confirmed booking, Biz X Centre reserves the right to immediately remove the listing from the Website, terminate your account, and refund all pre-paid amounts to the Renter. Note that Biz X Centre assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Biz X Centre disclaims any responsibility for the accuracy of the information provided by an Owner in their listing or otherwise. Biz X Centre reserves the right but is under no obligation), to edit any portion of a listing including the content or the photos contained therein. Further, Biz X Centre reserves the right to (but is under no obligation to) terminate any listing, without notice to the Owner, either temporarily or permanently, if Biz X Centre believes that any of the information posted is inaccurate and/or misrepresents the Equipment and Services in any way.
2.2 Representations by the Owner. If you are the Owner of the Equipment and Services to be rented out, you hereby represent and warrant that you are the legal owner of the Equipment and Services, or if not the legal owner, that you are duly authorized and have all the necessary rights and/or permissions required in order to list the Equipment and Services as available for rent on the Platform. In either event, you hereby represent and warrant that the Equipment and Services you are listing is mechanically sound and in good working condition and fit for the purposes for which it is intended and that in compliance with Section 3.1 below, you have in place insurance policies sufficient under applicable law for the operation and rental of the Equipment and Services, or will obtain such insurance prior to listing the applicable Equipment and Services. Biz X Centre assumes no responsibility for a Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Biz X Centre disclaims any responsibility for the accuracy of the information provided by an Owner in their listing or otherwise.
2.3 Renting Equipment and Services. Renters make a written request to rent an Equipment and Services listed through the Services. Requests must be made no later than forty-eight (48) hours in advance of the first day of the rental period. Once a Renter submits a booking request, the Equipment and Services Owner may confirm or decline the request. If a request is accepted by the Owner the Renter will be sent an invoice for the rental fee charged by the Owner (“Rental Fees”) and any other applicable fees. You will also be required to confirm your specific acceptance of any additional rule, terms and conditions that the Owner has provided relative to the Equipment and Services rental. Once the booking has been confirmed, we will contact you to pay the Rental Fees. Upon request by an Owner you must provide the Owner with a copy of your driver’s license so that the Owner can confirm the license information that Biz X Centre has already made available to the Owner. If you refuse to do so, the Owner is not under any obligation to rent the Equipment and Services to you, and your request may be cancelled. Biz X Centre assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Biz X Centre disclaims any responsibility for the accuracy of the information provided by a Renter in their written request to rent or otherwise.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EQUIPMENT AND SERVICES. BIZ X CENTRE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EQUIPMENT AND SERVICES. BIZ X CENTRE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENTS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal or financial remedy from Biz X Centre with respect to such actions or omissions.
Accordingly, we encourage you to communicate directly with other Users on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Biz X Centre regarding the remittance of payments received from a Renter by Biz X Centre on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “IMPORTANT DISCLAIMERS ;AND LIMITATION OF LIABILITY.”
3. INSURANCE
3.1 Owner’s Responsibility. It is the sole and exclusive responsibility of Owners to ensure that the Equipment and Services listed by them for rent via the Service are properly and adequately insured for Renter’s use and, to complete an “Insurance Profile” on the Biz X Centre Platform when applicable. Biz X Centre may make recommendations about insurance brokers who offer Equipment and Services insurance policies. Any such recommendation by Biz X Centre are for informational purposes only, and do not constitute an endorsement by Biz X Centre of such insurance providers, nor does it remove the responsibility of Owners to obtain adequate insurance coverage. Biz X Centre will not be responsible or liable in any way whatsoever for an Owners failure to properly insure their Equipment and Services or for any damage, loss or injury that arises or is incurred by the Owner or any other third party as a result of Owner’s failure to obtain proper insurance coverage.
3.2 Return Form. During every rental, a fully completed departure and return form must be completed by the Renter and the Owner, which form may be completed in hard copy or electronically using the Biz X Centre Platform. This form includes a checklist which requires a full walkthrough of the Equipment and Services and the documenting any pre-existing damage or damage that has occurred during the rental. Owners must, and Renters are advised to take pictures of the Equipment and Services prior to the rental and upon its return and be in a position to provide them to Biz X Centre.
ALL OF THE STEPS LISTED ABOVE MUST BE COMPLETED AS A PRECONDITION TO THE MAKING OF A CLAIM AS AGAINST ANY POLICY OF INSURANCE PROVIDED BY/THROUGH BIZ X CENTRE.
3.3 Additional Insurance Information. Additional information relating to Biz X Centre group insurance is set forth in Section 16 below. Biz X Centre is neither an insurance company nor an insurance broker.
4. LIABILITY
4.1 Vehicle Repairs and Damages. Although Owners may only list Equipment and Services for rent that are in good working condition unforeseeable damages may occur to an Equipment and Services while it is in the possession and/or control of a Renter. The following terms apply for attributing liability for costs of repair of such damages.
4.2 Renter Liability. [A] Renters will be solely responsible for the condition of the Equipment. This includes both the full interior of the Equipment and any and all parts of the exterior of the Equipment during the rental period and the condition that the Equipment is in when it is returned to the Owner. Renters (and not Biz X Centre) will be held liable for any and all damages to the Equipment and Services that occur during the rental period. Further, Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. All Users agree to assist Biz X Centre in the settlement of security deposit claims and dispute resolution. By taking possession of the Equipment at the time of rental, the Renter assumes the condition of the Equipment in its then present state and is solely responsible for any and all damages that occur to the Equipment during the rental. It is the Renter’s sole responsibility to inspect the Equipment prior to acceptance to ensure that there is no pre-existing damage
- Negligence and Willful Misconduct: Any damage to an Equipment and Services that arises in connection with a Renter’s (or any individual driving or being inside the Equipment and Services while the Equipment is under the control of the Renter) willful misconduct, is the sole and exclusive responsibility of the Renter.
- Security Deposits: Biz X Centre shall collect a damage deposit on behalf of the Equipment Owner that may be used in the event of damages that are caused to the Equipment while in the Renter’s possession or control. This deposit is held to cover any charges. This security deposit is collected from the Renter 72 hours prior to the start date of the rental and is returned at the end of the rental period provided there are no damages to the Equipment. Biz X Centre reserves the right to charge the Renter for any additional amounts beyond the amount of the deposit.
- Equipment Abandonment. The Renter is fully responsible for the safe return of the Equipment they rent. Any Equipment determined to have been abandoned by the Renter, will be treated as a Renter cancellation and as such the Renter shall be liable for any and all costs associated with the Equipment being returned to the Owner, which costs will be charged to Renter’s credit card.
- Biz X Centre reserves the right to charge the credit card on file the total amount of the protection plan that the renter chooses in the event of a damage claim.
[B] Renter will be solely responsible for the operators of the Equipment. Renter acknowledges and agrees that no person shall be allowed to operate the Equipment who is not in the age of majority in your jurisdiction of residence. Due to size and handling characteristics, the Equipment shall not be operated by non-experienced operators
Renter acknowledges that Biz X Centre has no control over the number of operators a Renter may allow to use the Equipment or the conduct of those operators while the Equipment is being operated and/or used in any manner. Therefore, Renter acknowledges that Renter is solely responsible for the Equipment.
The Renter is responsible for leaving any rented Equipment in the condition it was in when they picked up the Equipment. Renter acknowledges and agrees that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they invite to, or otherwise provide access to the Equipment.
4.3 Owner Liability:
- Mechanical Breakdown: Owners are solely liable for any mechanical breakdown of an Equipment they have listed. In the event of any mechanical breakdown of a piece of equipment the Owner shall be responsible for the cost of the repairs and Owner hereby authorizes Renter to obtain parts and repairs on behalf of Owner. If the Renter is required to pay for any repairs (other than repairs that are the responsibility of the Renter as described in Section 4.2), the amount paid will be deducted from any amounts that the Renter owes to the Owner. If the mechanical failures are such that the Renter cannot make use of the Equipment, in addition to any out-of-pocket expenses for which Renters will be reimbursed, Renters will receive a prorated refund for the days in which the Equipment was unusable.
- BIZ X CENTRE DISCLAIMER:IN ANY EVENT BIZ X CENTRE SHALL NOT BE LIABLE TO AN OWNER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM DAMAGES TO AN EQUIPMENT, INCLUDING ANY LOSSES ASSOCIATED WITH OWNER’S INABILITY TO ACCEPT FUTURE BOOKINGS.
5. EQUIPMENT MAINTENANCE
OWNER REPRESENTATIONS AND WARRANTIES. Owners are required to regularly check their Equipment for any defects in operations or safety standards. Owners represent and warrant that, at all times, their Equipment will be safe, in good mechanical condition, and in full compliance with all legally applicable inspection and registration requirements. Owners Agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing their Equipment to be rented.
6. PAYMENT TERMS
6.1 Biz X Centre Service Fees; Rental Fees. Owners determine, in their sole discretion, the Equipment Rental Fees, and any additional fees that may be applied such as cleaning fees. In addition to the Rental Fees listed by Owners, Biz X Centre will charge a service fee for each booking which will be included in the total amount displayed to Renters at the time of booking. Biz X Centre will also charge a service fee to Owners, as displayed to the Owner at the time of listing, which will be deducted from the listing fee (collectively, the “Biz X Centre Service Fees”). The fees listed on the Website are also exclusive of taxes.
6.2 Payment. The Booking cost must be paid at the time of booking in order to reserve the Equipment and Services. Users are responsible for paying all fees when they come due and authorize Biz X Centre to charge any payment methods on file in their account for all amounts due, including but not limited to, Security Deposits, Rental Fees, Service Fees, usage fees, fines/penalties, deductibles, and damages, and furthermore represent and warrant that they have the right to make this authorization. Renters will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets) incurred during the rental period, which sums will be charged to the Renter’s credit card.
6.3 Fraudulent Transactions. We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity. If a User challenges a transaction or payment, such User agrees to assist us in complying with any laws and credit card or financial institution rules or policies.
7. REFUNDS
7.1 Refund Policy. If the trip/rental contract is cancelled by the Renter, they will be entitled to a refund of Rental Fees less the Biz X Centre Service Fees.
7.2 No Cancellation by Owners. Owners are not permitted to cancel confirmed rental bookings. If a confirmed rental is cancelled by the Owner, Owners are subject to the cancellation fees noted above and Biz X Centre reserves the right to withhold future payments to set off any amounts owed by Owner for cancellations. If an Owner cancels a reservation, Biz X Centre also has the right to publish a negative review and/or remove the Equipment and Services and/or Owner from the marketplace.
8. USE OF THE SERVICES
8.1 Conduct Rules In using the Services you agree and warrant that you will:
- Provide accurate information when registering and keep such information up to date;
- Keep your user login details and access to the Website secure. We are not liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security; and
- Comply with any reasonable requirements of the other party with whom you are contracting for Equipment and Services rentals.
8.2 Messaging Rules. The Service has in-site/in-app messaging capability. In order to use the Services, you must treat the other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties. We reserve the right to monitor such communication without the prior consent of and User. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or any of these Terms.
8.3 Use Rules. In using the Website, Biz X Centre App and the Services, you agree and warrant that you shall not and, that you shall not permit anyone to:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
(b) You do not have a right to make publicly available under any law or contractual arrangement;
(c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy, personality or publicity right
(d) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
(f) contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- use the Website, App or Services for fraudulent purposes;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
- collect or store personal data about other Users or viewers other than is strictly necessary to complete the Equipment and Services rental transactions pursuant to these Terms;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Biz X Centre App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Biz X Centre App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
We reserve the right to limit, suspend or terminate your account if we discover or have a good faith reason to believe that you have violated any of the rules set out above.
8.4 Other Users’ Conduct. We are not responsible for the behaviour, acts or omissions of Users of the Services. If you feel that another User has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through the feedback features of the Services. We will take appropriate steps as necessary to review and respond to your complaint. By submitting a complaint you acknowledge and agree that we may disclose your identity to the User in question in order to follow up directly with you in regards to your complaint.
8.5 No Circumvention. Owners and Renters are strictly prohibited from circumventing the Biz X Centre Platform to avoid paying Biz X Centre Service Fees, including but not limited to, using the Biz X Centre Platform to seek out potential Renters or items for rent and then contacting the User outside of the Biz X Centre Platform to arrange a rental agreement. Biz X Centre has the right to monitor for this type of activity and remove those Users from the marketplace. Biz X Centre has the right to seek damages from any person who takes this type of activity.
8.6 Copyright Policy. We respect copyright laws and we expect all users of our Services to do so as well. We will take reasonable steps to remove infringing material from the Website and our Platform. Please contact us if you believe any content has been posted through the Services in violation of any copyright holder’s rights, or to raise any other copyright-related issues with us.
9. LICENSE TERMS
9.1 User Content. All information, data, text, software, graphics, video, messages or other materials, including without limitation photos of the Equipment and Services, Equipment and Services listing information, pricing information and User contact information, whether publicly posted or privately transmitted to the Website by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Biz X Centre, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Biz X Centre does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are inaccurate, offensive, indecent or objectionable. Under no circumstances will Biz X Centre be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
9.2 User Content License. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content for the purpose of providing the Services. Biz X Centre will not be responsible or liable for any use of User Content in accordance with these Terms and subject to our Privacy Policy to the extent applicable to User Content at issue. By submitting, posting or displaying User Content on or through the Service the User represents and warrants that they have all the rights, power and authority necessary to grant the rights granted herein to any User Content that they submit.
9.3 End User License. The Website, App, and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Biz X Centre and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant Users a non-transferable, non-exclusive, license to use the Website for their personal use (the “License”). Nothing in the Terms gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
9.4 Feedback. If you provide us with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services (“Feedback”), we may use such Feedback in the Website and Service and/or in any other products or services (collectively, “Biz X Centre Offerings”). Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) Biz X Centre (including all of its successors and assigns and any successors and assigns of any of the Biz X Centre Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Biz X Centre Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
10. IMPORTANT DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 No verification; endorsement. Because we do not supervise or control interactions between Renters and Owners, and because Biz X Centre cannot guarantee the true identity, age, nationality of Owners or Renters, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services and the User Content contained therein, you agree that you bear all risk and you agree to release Biz X Centre (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) from any liability, responsibility cost, expense or other damage of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, the interactions and transactions between Renters and Owners, Your third party transactions, and our resolution of any disputes between Renters and Owners. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
10.2 Service Disclaimer. Except as expressly provided herein Biz X Centre provides a booking platform only, and expressly disclaims any and all liability related to your interaction with, or receipt of services from Owners or Renters (as applicable) including any theft, loss or damage to your property, including Equipment and Services.
You acknowledge the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.
10.3 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN IN NO EVENT SHALL BIZ X CENTRE BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT (INCLUDING BREACH OF THESE TERMS), TORT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR ACCESS TO THE SEERVICES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTIONS, LOST OPPORTUNITIES, THEFT, DAMAGE TO OR LOSS OF YOUR PERSONAL PROPERTY WHILE IT IS BEING STORED BY AN OWNER OR RENTER AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS EXPRESSLY PROVIDED HEREIN BIZ X CENTRE IS NOT RESPONSIBLE FOR (I) LOSSES NOT CAUSED BY OUR BREACH OF CONTRACT OR NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, LOSSES FROM FRAUDULENT TRANSACTIONS AND LOSS, DAMAGE, INJURY OR THEFT OF PERSONAL PROPERTY INCLUDING EQUIPMENT; (II) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OF EXPENSES RESULTING THEREFROM; (III) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF OWNERS OR RENTERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM; (IV) INDIRECT LOSSES (WHICH MEANS LOSS TO YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE REASONABLY ANTICIPATED THAT TYPE OF LOSS ARISING AT THE TIME OF ENTERING INTO THIS AGREEMENT); (V) FAILURE TO PROVIDE OR TO MEET ANY OF OUR OBLIGATIONS UNDER THESE TERMS WHERE SUCH DELAY, CANCELLATION OR FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL (E.G., A NETWORK FAILURE, INTERNET DELAYS, REROUTING ACTS OF ANY GOVERNMENT OR AUTHORITY, ACTS OF NATURE, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, WEATHER, OR ROAD CONDITIONS AND BREAKDOWNS); (VI) IF FOR ANY REASON, ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; OR (VII) ANY USER’S BREACH OF ANY APPLICABLE LAW, RULE, REGULATION, BY-LAW; (VIII) THE BREACH OF ANY AGREEMENT BETWEEN RENTERS AND OWNERS; (IX) THE BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY A USER IN CONNECTION WITH THE SERVICES; OR (X) LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR FAILURE TO OBTAIN ADEQUATE INSURANCE COVERAGE FOR THE EQUIPMENT RENTAL.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS EXPRESSLY SET FORTH IN THESE TERMS OR IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN BIZ X CENTRE AND A USER, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR BOOKING OR USE OF ANY EQUIPMENT THROUGH THE SERVICES, YOUR LISTING OF ANY EQUIPMENT FOR RENT THROUGH THE SERVCES, ANY OTHER USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SERVICES, OR YOUR INTERACTIONS WITH ANY OTHER USERS THROUGH THE SERVICES OR ARISING FROM YOUR USE OF THE SERVICES)
THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL TO THE AGREEMENT BETWEEN YOU AND BIZ X CENTRE AS SET FORTH IN THESE TERMS. SOME JURISDICTIONS PRECLUDE OR LIMIT THE LIMITATION OF LIABILITY FOR CERTAIN CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES – TO THE EXTENT SUCH LIMITATIONS ARE APPLICABLE TO YOU IN CONNECTION WITH YOUR ENTRY INTO THESE TERMS, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10.4 DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION, EITHER EXPRESSED OR IMPLIED, OR OTHERWISE, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE WEBSITE, APP, CONTENT OR ANY SERVICES WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. ANY STATUTORY WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND YOU HEREBY WAIVE THE BENEFIT OF ANY STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIZ X CENTRE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. INDEMNITY
You shall indemnify, defend, and hold Us (including our officers, directors, agents, contractors, servants and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you; (b) violation of any law or regulation by you (including, without limitation, any privacy or personal information protection law or regulation); (c) breach of any warranties or material terms of this Agreement by you (d) your access to or use of the Services; (e) any User Content you post or transmit to the Website; or (f) your (i) interactions with any other user of the Services, or (ii) listing of any Equipment and Services or booking or use of an Equipment and Services.
12. GENERAL TERMS
12.1 Termination. We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with us (including, without limitation, for non-payment of any fees owed in connection with the Services or otherwise owed by you to us), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have.
12.2 Availability & Updates. We may alter, suspend, or discontinue the Website and/or Services at any time and for any reason or no reason, without notice. The Website and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials made available through the Services without notice.
12.3 Security. Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
12.4 Entire Agreement; Enforceability; No Waiver; Governing Law; Venue. These Terms and any documents referenced herein constitute the entire agreement between the parties relating to the Website and Service and all related activities. These Terms shall not be modified except by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of British Columbia without regard to choice of law principles.
12.5 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.
13. CONFIDENTIALITY
Respecting the privacy of our clients, including but not limited to owners, renters, service providers, and of the Biz X Centre itself is a basic value of Biz X Centre. Personal and financial information is confidential and should not be disclosed or discussed with anyone without permission or authorization from all involved parties Care shall also be taken to ensure that unauthorized individuals do not overhear any discussion of confidential information and that documents containing confidential information are not left in the open or inadvertently shared.
Owners, renters, service providers, volunteers of Biz X Centre] may be exposed to information which is confidential and/or privileged and proprietary in nature. It is the policy of Biz X Centre that such information must be kept confidential both during and after rental period or service period.
Unauthorized disclosure of confidential or privileged information is a serious violation of this policy and will subject the person(s) who made the unauthorized disclosure to appropriate action, including posting negative feedback, downgrading the ranks and removal/dismissal of accounts.
PLEASE NOTE THAT, BIZ X CENTRE CONSIDERS ITSELF AS A FACILITATOR (NOT A PARTY) OF AGREEMENTS MADE BETWEEN OWNERS AND RENTERS ON THE BOOKING OF EQUIPMENT AND SERVICES. AS SUCH BIZ X CENTRE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY CONFIDENTIALITY AGREEMENT VIOLATIONS BY PARTIES AND SHALL NOT BE HOLD LIABLE FOR ANY LOSS OCCURRED IN THIS REGARD, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.