Terms of Service and Member Agreement
In consideration for permitting you access to our Website and where applicable, the delivery of products or services, you agree as follows:
These terms of service and member agreement (the "Terms") govern your access to and use of Peeps-N-Things Inc.'s ("we", "us" or "our") Website and Service, as defined below. Please carefully read these Terms before using the Website and related Service.
THERE ARE TERMS THAT LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. BY USING OUR WEBSITE AND SERVICE YOU, THE USER (HEREIN "YOU" OR "YOUR") REPRESENT AND WARRANT THAT:
1. YOU ARE OF THE AGE OF MAJORITY.
2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMIDIATELY.
IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN EXPRESS AGREEMENT BETWEEN YOU AND US.
IN ADDITION, WHEN USING THE WEBSITE OR SERVICE, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES, POLICIES OR RULES APPLICABLE TO SUCH SERVICES, WHICH MAY BE POSTED AND MODIFIED FROM TIME TO TIME ON THE WEBSITE. ALL SUCH GUIDELINES, POLICIES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. ANY PARTICIPATION IN OR USE OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS ALONG WITH ANY DOCUMENTS INCORPORATED BY REFERENCE.
"Content" refers to Rental Listings, Service Listings, comments, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through or linked to the site.
"Contractor" refers to each Member who provides a rental service using the Website.
"Lister" refers to each Member who lists at least one item for rent, using the GetNeighbor website.
"Member" refers to all individuals or entities that are registered on the site in order to use its services.
"Member Account" refers to the private area reserved for each member. It is accessible via a password and contains personal information regarding the Member.
"Proposal" refers to the alert, which is sent to the Lister, Store or Contractor indicating that a Renter is interested in a specific rental item or service.
"Rent" refers to the payment made by the Renter to the Lister or Store in order to enjoy usage of the item.
"Rental Agreement" refers to the agreement made between the Lister or Store, and the Renter, obligating the Lister or Store to transfer the usage of the item and obligating the Renter to pay an amount agreed to in advance as defined by the Rental Agreement. Neither Peeps-N-Things Inc. nor its officers, directors, shareholders, contractors or assigns are a party to the Rental Agreement.
"Rental Listing" refers to the information published by the Lister or Store advertising an item available for rent.
"Renter" refers to each Member who is renting an item on the Website or hiring a Contractor.
"Service" refers to the Website in its capacity as a Software as a Service ("SAAS") platform. The Service connects consumers with Renters and Contractors in an easy to use online environment.
"Service Agreement" refers to the agreement made between the Contractor and the Renter, obliging the Contractor to provide specific agreed upon services (object of the contract), and obliging the Renter to pay for such services.
"Service Listing" refers to the information published by the Contractor advertising a service available for hire.
"Store" refers to each Member who is a registered business providing a listing of rental items which are displayed and accessible to Members on specific store-front webpages on the Website.
"User" refers to all individuals or entities that access the Website, whether the user is a member or not.
"Website" and "GetNeighbor Site" refer to www.GetNeighbor.com, including any subdomains, and any replacement or successor URL, or portions thereof.
About Our Website and Service
Peeps-N-Things Inc. is a corporation registered in Canada. We own and operate the GetNeighbor Site in conjunction with our contractors. The GetNeighbor Site is an online marketplace permitting users (Listers, Stores and Contractors) to list their products and services for rent or hire. We provide various tools to facilitate member connection, communication and access to third party payment processors.
Peeps-N-Things Inc. Not a Party to Any Rental Agreement
We do not offer any rental services ourselves. The Website is an online marketplace only, designed for the purpose of putting Renters in touch with Listers and Stores. We never intervene in the transaction between the Renter and the Lister or Store. However, we may recommend a sample Rental Agreement for your ease of use, but it is your obligation to obtain independent legal advice on the advisability of entering into such an agreement or on making any modifications you deem necessary or prudent.
Our Website consists of public and private webpages. The public area grants users access to rental and service listings. To list rentals or to rent items on our Website you must register for an account as a Lister, Store or Contractor. The private area, accessible by Members with their login credentials, provides access to:
- Dashboard: A display of recent Proposals and an activity feed.
- Messages: The ability to send and receive messages to and from other users.
- Listings: Manage and create Rental Listings and services. Note there are different features available depending on whether you are a Lister, Store or Contractor.
- Rental Agreements: Current and previously accepted Rental Agreements as between you and other members.
- Earnings: A display of earnings from items rented or services provided to other users.
- Edit Profile: Member specific details and social media verification status.
Registration of an account on our Website (a "Member Account") requires that you provide a valid email address that will be used to communicate with us and other Members and will be used as a unique identifier for your Member Account. All email communications sent by us to you will be deemed to have been received, and you are deemed to have full knowledge of such emails as and when they are sent. It is your responsibility to ensure your email address and other Member Account information is up to date and that no spam or junk mail filters are blocking the receipt of our or other users' messages, notifications or emails. In addition, you agree to provide a physical address to be linked with your Member Account in order to make the best usage of our geo-location search tools.
Member Account Non-Transferable
Access to your Member Account is not transferrable and is only intended for the individual or entity that established their account with us. You represent and warrant that all information provided to us to establish your member account is true, accurate and not misleading.
Termination or Suspension of your Member Account
Though we would much rather you stay, you can stop using our Website and Service at any time. We reserve the right to terminate or suspend your account or access to our Website and Service at any time, with or without cause, and with or without notice. The suspension or termination of your access to our Website and Service (whether by us or you) shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Account and Usage Fees (Fees, Commission and Subscription)
Registration, access and usage of your Member Account for the Website is free, except where indicated otherwise on the Website. Our fees and commissions pertaining to Rental Listings, paid tools and other services are available on the Website and are incorporated by reference herein. You agree to pay for all such fees, commissions and subscriptions as set out on the Website.
We reserve the right to change, at any time, our policies regarding Rental or Service Listing fees, commissions, subscriptions and other services fees. These modifications will take effect once they are published on the Website and will apply to all transactions upon their publication. You are, therefore, encouraged to regularly check the Website for any such changes, and in any case before any transaction. In the case of a temporary policy modification, the period of validity for the modification will be clearly published on our Website.
Unless posted otherwise, our fees are indicative of the country you are based in and are pre-tax. You agree to pay any and all applicable taxes as added to your account or upon reassessment by a relevant tax authority at a later date.
You acknowledge and agree that, when renting a product through the Website and Service, we may receive, by virtue of a partnership, affiliate or similar agreement, compensation for having put the parties in contact and facilitating the rental or the provision of services by a third-party.
You are responsible for safeguarding your account password you use to access the Website and Service and you agree not to disclose your password to any third party. You are responsible for all activity on your account, whether or not you authorize that activity. You must immediately notify us of any unauthorized use of your account.
You acknowledge that if you wish to protect your transmission of data and/or files to us, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Website and Service.
Acceptable Use Policy
You agree to only use our Website and Service in accordance with our Acceptable Use Policy, which is available on the Website and incorporated by reference herein.
Whether or not affiliated with sites that may be linked to our Website or Service, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We, and in some cases other users or Members, provide links and references to material on other websites not owned or operated by us. Links found on our Website and online Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
ACCEPTANCE OF RISK AND DISCLAIMERS
WE EXERCISE NO CONTROL OVER, ACCEPT NO RESPONSIBILITY FOR, NOR UNDERTAKE TO MONITOR:
• THE QUALITY, SAFETY OR LEGALITY OF ITEMS LISTED FOR RENT;
• THE TRUTHFULNESS OR ACCURACY OF THE RENTAL OR SERVICE LISTINGS OR ANY INFORMATION POSTED BY OTHER USERS AND MEMBERS;
• WHETHER LISTERS OR STORES WILL ACTUALLY RENT THE ITEMS LISTED;
• WHETHER CONTRACTORS WILL ACTUALLY PROVIDE THE SERVICES THEY LIST;
• WHETHER RENTERS ACTUALLY PAY FOR THE RENTAL OF ANY ITEMS OR ENSURE THEIR RETURN.
ACCORDINGLY, WE DO NOT GUARANTEE THAT THE MEMBERS OR WEBSITE USERS WILL COMPLETE ANY OR ALL TERMS OF A TRANSACTION. WHEN YOU ENTER INTO A RENTAL AGREEMENT YOU ARE ENTERING INTO A CONTRACT WITH ANOTHER USER OR MEMBER TO WHICH WE ARE NOT A PARTY. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THERE ARE RISKS TO ENTERING INTO SUCH AN AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE RISK OF LOSS, THEFT OR DAMAGE TO YOUR PROPERTY. OUR WEBSITE AND SERVICE MERELY FACILITATE THE RENTAL OR SERVICE TRANSACTION. THE OBLIGATIONS IMPOSED BY THE RENTAL AGREEMENT ARE BETWEEN THE USERS/MEMBERS.
ANY SECURITY DEPOSITS OR GUARANTEES REQUIRED BY THE LISTER, STORE OR CONTRACTOR IN WHATEVER FORM, REMAINS THE SOLE RESPONSIBILITY OF THE RENTER AND THE LISTER, STORE OR CONTRACTOR. WE ARE NOT RESPONSIBLE FOR THE COLLECTION, RETENTION, OR REFUNDING OF ANY SECURITY DEPOSIT, FOR THE CONTROL OF THE EXACT IDENTITY OF THE LISTER, STORE, CONTRACTOR OR THE RENTER OR FOR COLLECTING MONEY OWED BY ANY PARTY USING OUR WEBSITE OR SERVICE, WHETHER ONLINE OR OFFLINE.
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE CONTENTS OF THE WEBSITE OR SERVICE ARE ACCURATE, COMPLETE OR RELIABLE.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED WEBSITE AND SERVICE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
REMEDIES AND DISPUTES AS BETWEEN MEMBERS
ALL USERS/MEMBERS ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR DISPUTE RESOLUTION. DISPUTE RESOLUTION IS THE SOLE RESPONSIBILITY OF MEMBERS WHO MUST PURSUE THEIR OWN LEGAL REMEDIES IN THE EVENT OF NON-PAYMENT, DAMAGED RENTAL ITEMS OR OTHER DAMAGES AND LOSSES.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, CONTRACTORS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE) DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR SERVICE, DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SUPPLIERS, SUCCESSORS, CONTRACTORS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
FURTHER, IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, YOU AGREE THAT, IN THE EVENT SUCH A PROVISION IS UNENFORCEABLE, UNDER NO CIRCUMSTANCS SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US FOR THE PRECEEDING TWO MONTH PERIOD.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING MEMBER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITES AND SERVICE WITHOUT THESE LIMITATIONS ON OUR LIABILITY. THE LIMITATIONS ON DAMAGES AND LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Law of the Contract, Jurisdiction and Interpretation
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you bring to enforce this agreement or, in connection with any matters related to the Website and Service, shall be brought only in the courts of the Province of Alberta, Canada and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as drafted, shall substitute.
No Agency etc.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
You waive your right to participate in any class action lawsuits (or arbitrations) against us, our contractors, employees, shareholders and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in anyway arising out of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms and any document incorporated by reference, shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions.
As our Website and Service continue to evolve, we may at any time revise these Terms and post the updated Terms on the Website. As you are bound by these Terms, each time you visit our Website or use our Service, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website and Service after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the Website and Service.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Peeps-N-Things Inc.
In addition to this agreement, there may also be terms that apply by third party payment processors or contractors. You also agree to be bound by any and all terms incorporated by reference whether those terms are posted in separate documents, webpages and the like. YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED A COPY OF THESE TERMS AND ALL DOCUMENTS INCORPORATED BY REFERENCE AND THAT YOU FULLY UNDERSTAND THIS AGREEMENT.
BY EITHER ACCESSING THE WEBSITE OR CLICKING "ACCEPT"
BY ACCESSING THE WEBSITE OR BY CLICKING ACCEPT, YOU AGREE, REPRESENT AND WARRANT THAT:
1. YOU HAVE READ, OBTAINED A COPY OF AND FULLY UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
2. THERE ARE DISCLAIMERS, TERMS AND CONDITIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. YOU ARE USING THE WEBSITE AND SERVICE AT YOUR OWN RISK.
3. WE MAY, IN OUR SOLE DISCRETION AND AT ANY TIME, MODIFY OR DISCONTINUE THE WEBSITE AND RELATED SERVICES, LIMIT, TERMINATE OR SUSPEND YOUR USE OF THE WEBSITE AND SERVICE OR MAKE CHANGES TO THESE TERMS AS OUR WEBSITE AND SERVICE EVOLVE.
4. YOU ARE OF THE AGE OF MAJORITY IN YOUR PROVINCE, STATE, TERRITORY OR COUNTRY AS THE CASE MAY BE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
5. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO YOU INDIVIDUALLY AND THAT BUSINESS OR ORGANIZATION.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
ACCEPTABLE USE POLICY
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE WEBSITE AND SERVICE (WHETHER ONLINE OR OFFLINE).
WE RECOMMEND THAT RENTERS AND STORES OBTAIN APPROPRIATE INSURANCE FOR THEIR RENTAL ITEMS TO PROTECT AGAINST LOST, DAMAGED OR STOLEN GOODS.
You agree to use our Website and Service in accordance with the following acceptable use and code of conduct guidelines. In particular, you agree that you:
1. Will only list and rent items that you hold exclusive legal title to;
2. Will only list and rent items that fit within one of our pre-defined rental categories. We reserve the right to delist any of your rental items we deem not suitable for the Website;
3. Will only list and rent items you are lawfully permitted to rent;
4. Will not use our intellectual property, including for example, our trade-marks or name without our express written permission;
5. Will give honest reviews of your experience with other users or site Members;
6. Will not upload, create, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
7. Will not upload, copy, distribute, share, or otherwise use unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam, make money fast schemes, chain letters, pyramid schemes, or any other form of solicitation;
8. Will not upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or that is designed to perform functions on any software, hardware or equipment without the owners' express consent;
9. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
10. Will not impersonate any person or entity;
11. Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to our servers in a given time period than a human reasonably can produce in the same time period;
12. Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
13. Will not use the Website or Service to artificially generate traffic or page links to a Website or for any other purpose not intended;
14. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
15. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
16. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
17. Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information), use of the Service or access to the Service;
18. Will not use the Service to harass or stalk anyone;
19. Will not upload content that exploits anyone in a sexual or violent manner or that solicits personally identifiable information from anyone under the age of 18;
20. Will not use the Website or Service in any way that violates these Terms, or that aids, encourages, or purports to authorize anyone else to violate the terms of this agreement;
21. Will not use the service in any way that intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
22. Will not employ misleading e-mail addresses or falsify information in any part of any communication;
23. Will not upload, transmit, disseminate, post, store or post links to any content that:
(a) facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
(b) interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
(c) infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trade mark, patent, trade secret or proprietary right of any party;
24. Will not use threats or implications thereof.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website.