© 2023 - 2024 BorrowBe Inc. All rights reserved
The Terms of Service provided herein contain significant information that has an impact on your rights, remedies, and obligations. It is strongly advised that you thoroughly review and completely understand the contents of this document.
BorrowBe Inc. (hereinafter referred to as "BorrowBe", "we", or "us") operates as an online rental marketplace platform that facilitates person-to-person and business-to-person transactions. Users can create listings to offer their products for rent or sale, including services, cruise tickets, concert tickets, event tickets, music tickets, air tickets, amusement park tickets etc. The Users may rent or purchase these items as per their requirements. The marketplace will also serve as an integrated online job platform, facilitating job seekers in their quest for employment opportunities and aiding employers in their pursuit of ideal candidates.
The primary objective of this platform is to facilitate the connection between individuals seeking to rent and those offering rental services, individuals interested in purchasing, renting, and employers in search of employees and individuals seeking employment. The BorrowBe platform is accessible through both a mobile application and the website BorrowBe.com. The collective term used to describe the many offerings supplied by BorrowBe through its website and mobile applications is "Services". Regardless of whether you choose to register as a user of the Services, your access or utilization of the Services, which includes communication with us, signifies your acceptance and commitment to comply with the terms outlined in this agreement, thereby establishing a legally binding agreement. The present Terms establish a legally enforceable agreement between the user and BorrowBe, governing the user's access to and utilization of the Services.
BorrowBe reserves the right, at our sole discretion, to modify the Services or this Agreement, including these Terms, at any time. Any modifications to these Terms will be reflected in the Services. The "Last Revised" date at the bottom of these Terms will be updated as well. If you use or use the Services after we have posted a change or notified you of a revision, you accept and agree to be bound by the amended terms. If the revised terms are objectionable to you, your only alternative is to stop using and accessing the Services and cancel your BorrowBe Account within 30 days. If you opt to close your BorrowBe Account, the terms that were in effect at the time of the preceding edition will remain applicable to you unless you use the Services within the next 30 days, in which case the updated version of these Terms will take effect.
To use our Services, you will have to register for an account (a "BorrowBe Account") with us. You can register for a BorrowBe account by providing your email address and verifying it, first and last name, and preferred password. You provide us with personal information about yourself or your business when you use our services, list your goods, or create an account. You must provide accurate, complete, and current information at all times when registering, booking, and/or listing. It is necessary for you to always keep your BorrowBe Account up to date.
The Services are exclusively intended for individuals who meet our minimum age requirement of seventeen (17) years old. Anybody who does not meet these age limits is not permitted to use the Services.
BorrowBe has the option, but is not obligated, to do screenings, checks, and other procedures with the purpose of (1) aiding in the verification of users' identities or backgrounds; and (2) verifying the specifics of products, services, jobs, or individuals. BorrowBe does not provide any explicit assurances regarding the implementation of specific screening procedures or the endorsement of any user or user's background. The user hereby authorizes BorrowBe to actively pursue, obtain, utilize, and retain the aforementioned information.
BorrowBe reserves the right to utilize third-party services, at its discretion, for the purpose of verifying the information provided by users, as well as obtaining additional relevant information and making required modifications. BorrowBe possesses all discretion in determining whether to grant or refuse your request for listing, renting, or purchasing. BorrowBe does not provide any assurances regarding the safety and operational condition of products and services. These items may be subject to precautions and may not necessarily fit your specific requirements. Furthermore, BorrowBe does not make any representations, confirmations, or endorsements regarding the safety, worthiness, or legal status of any product, service, or job.
By agreeing to these terms, you are granting BorrowBe explicit written instructions and authorization to conduct a background check on you. This includes the possibility of obtaining a criminal background check, where legally permissible, in accordance with relevant consumer laws or similar legislation. BorrowBe may perform this background check at any point after you register or list a product/service on their platform, or at any other time when BorrowBe reasonably believes there is a higher risk associated with your BorrowBe Account.
You warrant that you will only use the Services and your BorrowBe Account in compliance with these Terms, any applicable laws, and any additional instructions that BorrowBe may offer you.
You are solely responsible for all actions made through your BorrowBe Account and always will be. Keep all of the information associated with your BorrowBe Account, including your password, secure. You pledge to protect the privacy of your password and to take full responsibility for any actions or inactions made with your BorrowBe Account, whether or not you authorized them. You must notify BorrowBe immediately of any suspected or actual illegal use of your BorrowBe account. We won't be responsible for your failure to follow this agreement or for any delays in securing or cancelling your BorrowBe Account if you fail to notify us of any illegal access.
BorrowBe grants users a restricted, revocable, non-exclusive, and non-transferable license to access and view BorrowBe and/or user-generated content that they have been granted access to, on the condition that they adhere to the specified terms and conditions. The provision stipulates that sublicensing of the licensing rights is prohibited. Except for the licenses and rights explicitly granted in these Terms, no licenses or rights pertaining to any intellectual property rights owned or controlled by BorrowBe or its licensors are implied or otherwise bestowed upon you.
The act of posting, uploading, publishing, submitting, and transmitting various forms of content, including but not limited to photographs, text, details, reviews, comments, and summaries, may be permitted only at our discretion through the utilization of the Services. The user grants BorrowBe a global, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to utilize, observe, replicate, adapt, modify, distribute, transfer, publicly exhibit, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such content on, through, by means of, or to endorse or advertise the Services by making any content accessible on or through the Services, or through BorrowBe promotional campaigns. BorrowBe does not claim any ownership rights over such content, other than the rights to use and commercialize as previously specified. No provision within these Terms shall be construed as hindering your capacity to utilize and derive advantages from any such content.
The user is expected to refrain from engaging in the following activities in relation to their use of or access to the Services:
advocating, encouraging, requesting, or assisting any third party in violating any law; breaching, violating, and/or circumventing any local, state, provincial/territorial, regional, or national law or other law or regulation; or disregarding any court order, including but not limited to tax licensing or registration requirements, or intellectual property rights.
The act of sharing information that is untrue, incorrect, deceptive, damaging to someone's reputation, or constitutes a written statement that is false and harmful to someone's character is strictly prohibited. Similarly, the utilization of content derived from the Services, which is under the ownership of BorrowBe, another user, or a third party, is strictly prohibited. This includes works that are protected by copyrights, trademarks, patents, or other forms of intellectual property, as well as rights pertaining to privacy, publicity, moral rights, or contracts. Permission in written form from BorrowBe is required prior to engaging in such activities.
Damage, weaken, or dilute the BorrowBe brand in any way, including:
Registering and/or using trade names, trademarks, domain names, social media account names, or other identifiers that are confusingly similar to or resemble any trademarks, taglines, advertising campaigns, or user content owned by BorrowBe.
Submitting false information about payment methods and other personal details. Pretending to be someone else, fabricating information about yourself, or misrepresenting your relationship with another individual.
Engaging in any form of misrepresentation or fraudulent activity on the platform. It is important to note that BorrowBe operates solely as a service provider, offering a platform for users to post rental ads. As such, BorrowBe does not partake in or oversee the specifics of user-to-user agreements, including but not limited to delivery, provision, or return of goods or services. Users are responsible for ensuring the integrity and compliance of their transactions. BorrowBe is not liable for any disputes or issues arising from these individual agreements between users.
Engaging in activities that may cause harm or represent a threat to others within our community, including but not limited to tracking, harassing, or defaming another user of BorrowBe; or collecting and storing any personally identifiable information of another user for reasons other than conducting business in accordance with the terms outlined herein.
Behaviours that are characterized by threats, verbal abuse, or physical violence.
The utilization of the Services is prohibited for the purpose of transmitting, disseminating, publishing, or submitting any data pertaining to another individual or entity, including, but not limited to, account numbers, payment method particulars, personal contact information, and unauthorized pictures of individuals.
Treat individuals differently based on their origins, appearance, beliefs, and self-identification. The BorrowBe community does not tolerate prejudice of any kind.
In any way that is not allowed or waived by these Terms, file or maintain a lawsuit against BorrowBe or one of its users.
disrupt the operation of the Services, for instance: Changing the listings of other users.
utilizing the Services to distribute or publish unsolicited commercial messages, such as spam
spreading viruses or other technologies that could harm the assets or rights of BorrowBe or third parties, or interfere with the smooth running of the services; examples of such technologies include backdoors, malicious code, Trojan horses, bots, spoofing of packets or IP addresses, forged email addresses or routing information, and similar tactics.
BorrowBe may, but is not required to, investigate, pursue, and attempt to prosecute, litigate, or report violations of the Agreement to law enforcement to the fullest degree allowed by law.
Subject to applicable legislation, BorrowBe reserves the right to remove or disable access to any content that it deems objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community, at any time and without prior notice. If we believe you are abusing BorrowBe, our users, or anyone else in any way, or if you are in violation of these Terms, we reserve the right, in our sole discretion and without limiting other remedies, to limit, suspend, or terminate your BorrowBe Account and access to the Services, remove listed content, and take legal or technological action to stop you from using the Services. Furthermore, we retain the right, at our sole discretion, to refuse or terminate your access to the Services to the maximum extent permitted by applicable law.
The user who made the reservation is financially responsible for any theft or physical damage to a rented product that occurs during a rental term, in addition to any additional costs and fees, regardless of who is found to be at fault. This requirement remains in effect whether or not the renter has insurance.
You are required to choose the correct product category and pricing for the services when listing an ad on the BorrowBe platform. If you are an individual user, you should not post ads as a business entity. It is recognized that products rented through the Services may be used for both personal and commercial purposes. Accordingly, you are encouraged to select the appropriate product type and pricing structure that aligns with the intended use of the rented product, whether for personal or business purposes.
The listing fee for the products shall be as follows:
In our business policy, individual users have the privilege of posting free ads, subject to the specific category's criteria. Once the free limit is reached, users have the option to either pause or delete existing active ads, or opt to pay accordingly. Business users, on the other hand, do not have access to free listing options by default, unless there is an ongoing promotion or offer. Furthermore, both individual and business users can explore promotion and extra feature packages, which come with additional pricing, to enhance their listings on our platform. These packages offer enhanced visibility and features, empowering users to maximize the impact of their listings and expand their reach to a wider audience.
See the pricing details on the pricing [a] page.
The payment for listing fees must be made in advance (prepaid) and is non-refundable. However, in instances where users encounter challenges such as accidental double payments, incorrect payments, or unforeseen circumstances, they can still opt to submit a refund request. Our BorrowBe agents thoroughly evaluate each request, determining its legitimacy, and process refunds when deemed appropriate. It's important to note that BorrowBe agents reserve the right to decline a refund if necessary.
The processing of payments will be carried out by a third-party service provider, subject to the exclusive discretion of BorrowBe.
BorrowBe reserves the right to change the fee structure at any time at its sole discretion without any obligation of intimation to the users.
Any fees paid for the listings will remain in effect for the term it was opted for and will not accrue any additional charge for the existing listing if the fee structure is amended by BorrowBe.
BorrowBe recommends the users refer to the current pricing structure provided in the pricing [b] page. section provided on the website.
Listings will remain active for a specified duration of thirty days unless earlier deleted or manually unlisted by the user. Deleted items are not eligible for relisting; however, items that have been paused may be resumed within their original listing period.
The standard duration for a listing is set to terminate after 30 days. Should the user opt to extend the listing, they may do so by re-listing the ad before its expiry. The extended duration will be in accordance with the terms agreed upon at the time of re-listing.
The expiry of any additional features or services selected (add-ons) is dependent on the specific package chosen at the time of the ad listing.
Ad listings may be paused and resumed by the user within the thirty day period. When a listing is paused, it is removed from public view but the duration of the listing continues to elapse. As such, if a listing is paused mid-term, the countdown toward its expiry will proceed unaffected. Users retain access to their existing chats until the advertisement is either permanently removed or all conversations are terminated. Resuming a listing will make it visible again for public viewing.
To the extent permitted by applicable law, you may stop using the Services at any time, and the users shall have the ability to remove their listings at their discretion and restrict chat interactions with fellow users.
For any reason, or for no reason at all, BorrowBe reserves the right to terminate your account and remove any listings. A Party may discontinue its use of the Services, but this will not release it from any ongoing obligations. Any information you may have previously provided to BorrowBe, including but not limited to photos and other data, may be retained and used by BorrowBe. Any termination of the Agreement will not impact in any manner the disclaimers, waivers, liability limitations, and sections pertaining to legal matters under the Agreement.
UNLESS PROHIBITED BY LAW, YOU HEREBY WAIVE AND RELINQUISH ALL RIGHTS TO INITIATE LEGAL PROCEEDINGS OR FILE A CLAIM AGAINST BorrowBe, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS), OR EMPLOYEES (COLLECTIVELY REFERRED TO AS THE "BorrowBe PARTIES"), AS WELL AS ANY BorrowBe USER, FOR ANY LOSSES OR DAMAGES RESULTING FROM, RELATED TO, OR ARISING FROM THE FOLLOWING: (1) THE UNAVAILABILITY OR DELAYED RETURN OF THE PRODUCT, (2) ANY ISSUES OR DEFICIENCIES WITH THE PRODUCT, (3) WARRANTY DISPUTES OR BREACHES OF WARRANTY BY MANUFACTURERS OR OTHER ASSOCIATED THIRD PARTIES, AND (4) ANY ACTIONS OR INACTIONS OF A USER.
THE FOLLOWING TERMS AND CONDITIONS ARE UNDERSTOOD AND ACCEPTED BY YOU: (1) THE AGREEMENT; (2) THE SERVICES, INCLUDING THE LISTING OR BOOKING OF ANY PRODUCT/SERVICE/JOB; AND (3) THE INABILITY TO USE THE SERVICES. BorrowBe AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXCLUSIONARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DATA, OR GOODWILL; SERVICE INTERRUPTION; COMPUTER DAMAGE OR SYSTEM FAILURE; OR THE COST OF REPLACEMENT GOODS OR SERVICES, WHETHER BASED ON PRODUCT LIABILITY, CONTRACT LAW, WARRANTY, TORT INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY.
THE TOTAL AMOUNT OF BorrowBe'S LIABILITY RESULTING FROM OR RELATED TO THE AGREEMENT OR YOUR USE OF THE SERVICES SHALL NEVER BE MORE THAN THE SUM OF (1) THE LISTING FEES YOU PAID IN THE TWO MONTHS PRECEDING THE OCCURRENCE GIVING RISE TO THE LIABILITY.
UNLESS OTHERWISE RESTRICTED BY LAW, YOU ALSO RELEASE AND FORFEIT ANY AND ALL RIGHTS TO SUE OR MAKE CLAIMS AGAINST BorrowBe FOR ANY LOSSES OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
YOU AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES, PARITY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
If any of the following events or circumstances occur or are related to any of the following: (1) your access to or use of the Services; (2) your violation of these Terms; (3) your user content; (4) your interaction with any other user of the Services; or (5) your booking of or creation of a listing for, you agree to release, defend, indemnify, and hold BorrowBe and its subsidiaries, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, or costs. This indemnity includes but is not limited to, any injuries, losses, or damages incurred as a result of reserving or using. This indemnity clause is a necessary part of the agreement between BorrowBe and you. It will apply to the extent permitted by applicable legislation. If any part of it is judged to be unenforceable, the remainder will stay in effect.
You accept that determining the specific amount of actual damages that could result from any of the following breaches of the Agreement is difficult and that BorrowBe may find it difficult to provide irrefutable proof of such damages. (1) utilizing BorrowBe domains, trademarks, or taglines without BorrowBe's authorization; this includes but is not limited to, registering website domains or social media handles (2) initiating legal action or pursuing claims against BorrowBe or a user in any manner prohibited or waived by this agreement. This liquidated damages clause serves as the foundation of the agreement between BorrowBe and you. It will apply to the extent permitted by applicable legislation.
This agreement shall be subject to the legal jurisdiction of the province of Alberta, Canada. In the event of a disagreement between the involved parties pertaining to or originating from this Agreement, the parties shall initially endeavour to personally and sincerely address the problem. In the event that these individual efforts to resolve the matter are unsuccessful, the involved parties will proceed to resolve the disagreement through a legally binding arbitration process. Any dispute or assertion emerging from or pertaining to this agreement, or its violation, shall be resolved by arbitration overseen by ICDR Canada, following the Canadian Arbitration Rules.
Neither you nor any other user is recognized as an employee, agent, or joint venturer of BorrowBe, and the company does not establish any sort of partnership or joint venture through its use. You may not make any promises on behalf of BorrowBe or BorrowBe will not make any promises on your behalf unless the Services or these Terms expressly state otherwise.
You may not assign your legal responsibilities or transfer any of your rights, in whole or in part, to any other person without first obtaining the prior written approval of BorrowBe. In any case, you will still be liable for your duties under this agreement. Any amendment or waiver of any provision of the Agreement must be approved in writing by a director or officer of BorrowBe.
Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
BorrowBe will not be liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, technical faults, acts of God, and other acts which may be due to unforeseen circumstances.
All previous verbal or written communications between us are superseded by the Agreement, which includes these Terms, and is the whole understanding between you and BorrowBe regarding your access to and use of the Services.
BorrowBe Inc., a company incorporated under the Canada Business Corporation Act (CBCA), with its registered business address at 1688 Melrose Place SW, Edmonton, Alberta, T6W 1X6, Canada.
All the queries will be handled by email info@borrowbe.com or “Contact Us” page on website
By clicking on the "Accept Now" button, you indicate that you have carefully read and understood this Agreement and that you consent to the terms and conditions specified within.
Effective Date: 05th day of April, 2024