DOZR TERMS AND CONDITIONS
Welcome to DOZR, a technology platform provided by DOZR Inc. (“ DOZR ”, “ we ”, “ us ” and “ our ”) that brings together equipment owners (“ Owners ”) with equipment renters and purchasers (together “ Consumers ”).
The DOZR website (the “ Website ”) is a website owned and operated by us for Owners and Consumers (each person, firm or company using the Website, a “ User ”, “ you ” and “ your ”). These Terms and Conditions (“ Terms and Conditions ”) contain the legal terms and conditions that govern your access and use of this Website, our mobile applications, emails, text messages and social media accounts (collectively the “ Application ”) and any feature, content, tools and services accessible by means of the Application and covers all transactions between you and us as well as the booking of equipment rentals and sales through the Service. The Application and these services are collectively referred to as the “ Service ”. In addition, other terms apply to any User selling or renting goods or services through the Service.
In these Terms and Conditions, “ Equipment ” covers all classes of equipment, machinery, vehicles, tools, accessories and any ancillary items which the Owner agrees to rent or sell to the Consumer and anything which is supplied by the Owner to effect the rental or sale and for the safe operation and routine maintenance and inspection of such equipment, machinery, vehicles, tools, accessories and ancillary items. Each transaction in which a Consumer rents Equipment from an Owner via the Service is referred to in these Terms and Conditions as a “ Rental ” and each transaction in which a Consumer purchases Equipment from an Owner via the Service is referred to as a “ Sale
1. ACCEPTANCE OF THESE TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION.
Your use of the Application is expressly conditioned on your acceptance without modification of the following Terms and Conditions. If you accept these Terms and Conditions, click on the “I Accept” button below. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with them, please click on the “Back” button of your browser or click on the “Cancel” button below to exit this Application. By using this Application, you agree, without limitation or qualification, to be bound by these Terms and Conditions in connection with the Application or any of the goods or services available on the Application, all as may be modified by DOZR from time to time at its sole discretion. Note that all of the Terms and Conditions below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws. We may, in our sole discretion, modify or update these Terms and Conditions from time to time, and so you should review this page periodically. We reserve the right to amend these Terms and Conditions at any time by notifying you as provided in these Terms and Conditions, provided that no notice shall be required for non-substantive changes to these Terms and Conditions. If we substantively amend these Terms and Conditions, we will give you at least twenty (20) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms and Conditions. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service.
2. LIMITED USE OF THE PLATFORM
DOZR provides an online platform via the Application that enables Users to connect with each other and enter into various rental, purchase and service agreements between themselves. DOZR provides a neutral marketplace to facilitate these transactions. However, DOZR does not offer or provide the goods or services for rent or sale through the Service. DOZR is not and will not be a contracting party in any agreement made between Users. Any rental, lease, purchase or service transactions entered into directly between Users shall be entered into exclusively between the Owner and Consumer, and not DOZR. We simply provide a platform to introduce Owners and Consumers and facilitate payments for goods and services.
YOU UNDERSTAND AND AGREE THAT DOZR IS NOT AND WILL NOT BE A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CONSUMERS AND OWNERS. DOZR HAS NO CONTROL OVER, AND IS NOT LIABLE FOR, THE CONDUCT OF ANY OTHER USERS OF THE SERVICE, OR ANY THIRD PARTY PROVIDERS OF RELATED GOODS OR SERVICES RETAINED BY USERS, INCLUDING WITHOUT LIMITATION OWNERS, RENTERS, PURCHASERS, CARRIERS, DELIVERY PERSONNEL, EQUIPMENT MANUFACTURERS, EQUIPMENT OPERATORS AND ANY OTHER THIRD PARTY SERVICE PROVIDERS RETAINED BY ANY USERS.
In order to rent or purchase Equipment via the Service, you will need to register as a “Consumer” with the Application. In order to rent or sell your Equipment to a Consumer via the Service, you will need to register as an “Owner” with the Application. By registering as a Consumer or Owner, you give us permission to disclose the information you provide on your application to other Users, to make some or all of the information you provide available on the Application, disclose some or all of the information you provide to third parties for verification purposes, and to obtain and use additional information about you in a similar fashion. DOZR reserves the right to accept or reject Consumer or Owner applications in our sole discretion for any reason.
If you register, you will: (a) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “ Registration Data “); (b) maintain and promptly update the Registration Data, and any other information you provide to DOZR, in order to keep it accurate, current and complete; and (c) accept all risk of unauthorized access to the Registration Data and any other information you provide to DOZR. DOZR reserves the right to request proof of identification and age (for example, proof of your ability to obtain licenses to operate certain Equipment).
DOZR is under no obligation to retain a record of your account or any Registration Data or other information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to DOZR.
We do not endorse, investigate or verify any User, Registration Data or User Content ( as defined below) at any time. All Registration Data and details and other information relating to Equipment and other goods or services available through the Service come directly from the Owners. DOZR does not assume any liability for the accuracy, completeness and timeliness of this information. DOZR gives no guarantee to the User that other Users of the Service will not use the Service with intent to defraud. In particular, DOZR does not accept any liability arising as a result of a User registering under a false identity or providing false information. DOZR recommends that all Users verify the identity of their contracting partners and other information relating to Equipment and goods and services prior to the exchange of goods or services. Any assistance provided by DOZR shall not constitute an endorsement, certification or guarantee by DOZR about any User, including of the User's identity and whether the User is trustworthy, safe or suitable.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
4. USER LICENSE
Subject to the terms, conditions and limitations set forth in these Terms and Conditions, DOZR grants you a non-exclusive, non-transferable and revocable license to use the Application on any computer or mobile device that you own or control. You may use the Service only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Application if you live in a jurisdiction where access to or use of the Application or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Application is lawful, and you must comply with all applicable laws.
Each User represents and warrants to DOZR that: (a) you have reached the age of majority where you live and can form legally binding contracts under applicable law; and (b) if you are acting on behalf of a corporation, entity or organization, you: (i) are authorized to bind that corporation, entity or organization to these Terms and Conditions; and (ii) the corporation, entity or organization on behalf of which you are entering into these Terms and Conditions is a duly formed entity existing in good standing in each of the jurisdictions in which the entity transacts business.
Your use of the user license and Service and your contact, interaction or dealings with other Users and any third parties arising out of your use of the Service is entirely at your own risk. Users are independent from DOZR and are not agents, representatives or employees of DOZR. DOZR is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any User or any of its employees, independent contractors, representatives, agents, assigns, carriers, operators, drivers, delivery personnel or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
5. RENTAL AGREEMENTS
A Consumer can rent Equipment by contacting the Owner through the Application and concluding a rental agreement with the Owner. All rental agreements are concluded solely between the Owner and the Consumer. Unless the Owner and Consumer enter into a separate rental agreement, DOZR's rental agreement (the “ Rental Agreement ”) shall apply to any rental made through the Service and the Rental Agreement, the rental description on the Application and these Terms and Conditions shall be the entire agreement between the Consumer and Owner with respect to such rental. A Consumer and an Owner may create and use their own rental terms and/or modify the Rental Agreement provided here as they see fit. All obligations under the Rental Agreement (including all payment obligations) are obligations directly between the Consumer and Owner and are not made by and do not legally bind us. It is your responsibility to review the Rental Agreement in advance to determine whether it is suitable for your purpose. The Rental Agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to renting or purchasing Equipment and an Owner may place additional restrictions on your booking, product or service.
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the “ Rental Confirmation ”). By clicking “I Agree” (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation becomes part of these Terms and Conditions.
The use of Equipment can be extremely dangerous to Users and bystanders and may require skill, knowledge, preparation and training to operate. Renting Equipment via the Service may not come with all of the personal protection equipment required to operate the Equipment. You should always follow the safety precautions and operation procedures outlined in the Equipment manufacturer’s owner’s manual. The use of Equipment (especially the careless or improper use of Equipment and/or use of the Equipment without appropriate personal protection equipment) poses a risk of causing serious bodily injury, partial and/or total disability, paralysis and/or death of Users and/or bystanders and causing damage to property and/or damage to Equipment. Each User acknowledges there are inherent risks, hazards and dangers involved in using Equipment. Always follow all manufacturer’s recommended maintenance and repair guidelines.
BY CONTINUING TO USE THE SERVICE, YOU: (A) ACKNOWLEDGE AND AGREE THAT THE USE OF EQUIPMENT IS DANGEROUS AND MAY POSE A RISK TO THE SAFETY OF YOURSELF AND OTHERS AND TO DAMAGE TO PROPERTY; (B) REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE SKILL, KNOWLEDGE, PREPARATION AND TRAINING TO OPERATE THE EQUIPMENT SAFELY AND EFFECTIVELY; AND (C) ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RELEASE DOZR IN CONNECTION WITH, ALL LOSSES, COSTS, INJURIES AND DAMAGES THAT YOU OR OTHERS MAY INCUR AS A RESULT OF USING ANY EQUIPMENT.
DOZR does not qualify or verify Users in any way and does not educate Consumers on the safe handling and operation of Equipment or safety hazards inherent in using Equipment. It is the responsibility of each User to engage only in those activities involving the use of Equipment for which it has the prerequisite skills, qualifications, preparation and training. Compliance with all safety, legal and regulatory requirements in connection with any Rental or Sale transaction or the use of any Equipment is the responsibility of the User and not DOZR.
The Rental Agreement, or other separate waivers or agreements, are not a substitute for the advice of a lawyer and you are advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, provincial, state, and local law and their particular circumstances, and to revise such agreements as necessary.
6. OFFERING EQUIPMENT FOR RENT OR SALE
An Owner may offer Equipment for Rental or Sale through the Application. Unless otherwise agreed, the Owner must place an item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental or sale terms, features and characteristics of the item. The Owner must state the price in the offer and specify any other price components or additional charges the Consumer will incur (including, without limitation, fuel, damage deposit, delivery, blade sharpening, etc.), as well as the aggregate total amount.
An Owner must ensure that their offer of goods or services for sale or rent complies with all applicable laws, including all applicable health and safety, tax, environmental and regulatory laws. The Owner has the option of describing Equipment for rent or sale with images that can be uploaded when placing the item on the Application. Each Owner hereby represents and warrants that: (a) to the best of your knowledge and belief, all Equipment you offer for Rent or Sale is in good operating condition and in working order, free of any known faults or defects that would affect its safe operation under normal use; and (b) by using any images on the Application, no third party rights are infringed, such as copyright or other intellectual property rights. The Owner is obliged to provide accurate and complete billing and delivery details. If these details have changed in any way, the Owner is required to update this information in their user account immediately.
We encourage all Users to use properly completed and documented check-in and check-out inspections for all Rental and Sale transactions in order to avoid disputes. Photographic evidence can be used to support or defend a claim against fuel surcharges, damage, vandalism, repair and other matters. For example, “before and after” time stamped photos may be taken with a clear narrative as to what the photo is showing (e.g. fuel tank, run times, etc.). If standard descriptions and grades are used, these should be clearly explained.
We do not endorse, investigate or verify any Equipment. All information relating to Equipment and other goods or services available through the Service come directly from the Owners. DOZR does not control or assume any liability for the accuracy, completeness and timeliness of this information. DOZR does not and will not make any representation or warranty, express or implied, with respect to the Equipment or its adequacy for the User’s purpose or otherwise. DOZR will have no liability of any kind, including liability for any indirect or consequential damages, arising from any patent, latent or other defect in the Equipment, or for any fundamental breach or other failure of performance, capacity or operation of the Equipment.
7. FEES AND PAYMENTS
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Fee Schedule, a copy of which is located here (the “ Fee Schedule ”). DOZR reserves the right, in its sole discretion, to modify or amend the fees and charges, add new services for additional fees and charges, at any time. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee Schedule.
In exchange for providing the Service, DOZR shall be paid a service fee equal to a percentage of the total transaction amount in connection with any goods or services rented or purchased through the Service (the “ Service Fee ”) at the rate set out on the Fee Schedule. DOZR is required to charge tax on Service Fees. The Service Fee and applicable taxes may be deducted from amounts paid by the Consumer.
Fees for renting or purchasing Equipment and the prices for additional services and features shall be determined by agreement between the Owner and Consumer. The Owner may in its discretion decide to include in these amounts: (a) a damage deposit; (b) cleaning or other fee, and/or (c) taxes that the Owner determines that it has to collect. The Consumer shall pay all fees, taxes and other amounts owing to the Owner in respect of any Sale or Rental transaction in advance through the Service. DOZR does not guarantee payments to Owners for amounts that have not been successfully received by DOZR from Users. Each Owner understands that DOZR accepts payments from Users as the Owner’s limited payment collection agent and that DOZR’s obligation to the Owner is subject to and conditional upon successful receipt of the associated payments from the Users.
Any fees due to an Owner in respect of any Rental or Sale transaction shall be paid by DOZR upon completion of the rental or purchase transaction only after funds are received by us, less: (a) the Service Fee plus applicable taxes; (b) any applicable fees and charges set out on the Fee Schedule plus applicable taxes; (c) chargebacks and chargeback costs relating to fuel, damage or other surcharges; and (d) any fees, penalties, costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. DOZR will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received.
As an Owner, you may need to assess value added tax, general sales tax or other taxes on the goods or services you provide. We encourage you to consult a tax advisor in your area for more insight on this and assistance assessing tax on the goods or services you provide if necessary. It is important that Customers are informed about the exact tax amount prior to booking. DOZR may provide general information regarding certain tax rates that may apply to Rental or Sale transactions in some areas. However, we are not familiar with your individual tax circumstances and do not provide tax advice. Any tax information provided by DOZR is intended as general information only and shall be relied upon entirely at the User’s own risk.
Each User understands and agrees that it is solely responsible for determining: (i) its applicable tax reporting requirements; and (b) the taxes that should be included or charged in any Sale or Rental transaction and for including taxes to be collected or obligations relating to applicable taxes in offering Equipment for sale or rent through the Service. Additionally, as an Owner, your gross earnings may be subject to income tax. You are solely responsible for remitting to the relevant authority any taxes included or received by you. DOZR does not and cannot offer tax-related advice to Users. You agree to indemnify and save harmless DOZR and the Third Parties from any loss, damage or liability of kind arising in connection with your failure to collect, report or remit any taxes relating to your use of the Service or your breach of or failure to comply with any applicable tax laws.
When you rent or purchase goods or services using the Service, you represent, covenant and agree that at the time of entering into the transaction and for the duration of the rental period: (a) any tax payer and credit information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay the posted price for the goods and services, subject to the terms of any Rental Agreement entered into directly between the Owner and Consumer. Posted rates may not include applicable taxes, fees, disbursements or other charges set out in the Fee Schedule. We reserve the right to charge each Consumer’s credit card with a damage deposit in accordance with the Fee Schedule or as set out in the Application.
We may require Users to provide tax payer information (including without limitation tax registration numbers) and you agree that we may disclose tax payer information to other Users or use it in connection with completing a Rental or Sale transaction. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
We have the right to reject or suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent or involves any criminal activity or where we reasonably believe you to be in breach of these terms. We do not provide payment protection or guarantees. This means the Owner will bear the risk in the event that a transaction provides to be fraudulent or unauthorized. A User shall have no right of set-off in relation to any sums due to DOZR or any claims or liabilities the User has or claims to have against DOZR.
DOZR reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms and Conditions, or any amounts due as a result of a breach of these Terms and Conditions by you, pending DOZR's reasonable investigation of such breach. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify DOZR in writing within thirty (30) days of any such payment; failure to so notify DOZR shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by DOZR. If, after conclusion of a Rental or Sale transaction, it is determined that there was an excess or shortfall in the amount of tax paid or collected by a User in connection with that transaction, you agree to return such excess or pay such shortfall to the appropriate User.
The Rental Agreement requires that Consumers to obtain insurance prior to any Rental of Equipment and will maintain adequate insurance coverage through the period of such Rental. Each insurance policy obtained in connection with a Rental Agreement shall name “DOZR Inc.” as an additional insured for General and Auto Liability coverage, for both completed and ongoing operations. Such insurance shall be provided by an insurer with an A.M. Best Rating of at least A-/VIII. At DOZR’s request, the Consumer will furnish DOZR with certificates of insurance or other evidence satisfactory to DOZR that insurance coverage as required by the Rental Agreement is in effect, provided that DOZR is under no duty to ascertain the existence of or examine the policy or policies.
We do not provide liability or conversion insurance protection for Owners or Consumers; regardless of whether a User obtains insurance coverage through one of our third party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their Equipment, operators, third parties and work sites, as applicable.
DOZR recommends that Users obtain appropriate insurance for the rental, sale or use of Equipment, including without limitation liability, rental and conversion coverage. Please review any insurance policy that you may have related to the rental, sale or use of Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including but not limited to, whether or not your insurance policy will cover rental, conversion, theft and the actions or inactions of Consumers (and the individuals employed or retained by the Consumers). Your insurance policy contains limitations and restrictions which vary and may affect your coverage and/or determine whether or not benefits will be payable.
DOZR may provide information regarding insurance coverage to Users from time to time. Any insurance information provided by DOZR is intended as general information only and does not constitute legal or insurance advice. In all cases, you should speak to an insurance professional before acting.
9. ACCURACY OF INFORMATION
We rely on the information Users provide through the Application, including registration information (name and email address), payment information (credit card numbers and expiration dates), Equipment descriptions and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information on a timely basis.
10. SUSPENSION OR MODIFICATION
DOZR reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application or any part thereof) at any time without notice. In no event will DOZR be liable for the removal of or disabling of access to all or any portion or feature of the Service (including, but not limited to, the Application). We may establish general practices and limits concerning use of the Application or parts thereof.
The User may terminate the User’s use of the Service at any time. DOZR reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion at any time for any reason or for no reason. DOZR may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in DOZR’s sole determination you violate any provision of these Terms and Conditions, or for no reason.
These Terms and Conditions will remain in force while the User uses the Services and will remain in force after participation in the Service terminates. Upon termination for any reason or no reason, you continue to be bound by these Terms and Conditions. In the event of termination for any reason, the license granted to you in these Terms and Conditions will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms and Conditions that by their nature should survive termination will survive any termination of these Terms and Conditions. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of DOZR and/or the Third Parties.
12. LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms and Conditions as amended from time to time, DOZR, its subsidiaries, affiliates and each of their respective directors, officers, shareholders, employees, agents, representatives, contractors, suppliers and third party providers (collectively the “ Third Parties ”) make no representations or warranties of any kind, express or implied, regarding the Application, the Service and/or any Equipment, content, products or services provided on or through the Application or the Service, all of which are provided on an “as is” and “as available” basis. DOZR and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Application, or any of the content or data found on the Application, and expressly disclaim all warranties and conditions in respect of the Application, its content or data, and any products or services offered for rent or sale on the Application, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
By using the Service, 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 particular User or third party that cause you harm and you agree not to attempt to impose liability on, or seek any legal remedy from DOZR with respect to such actions or omissions. If you have a dispute with one or more Users, you release us and the Third Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.
THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS AND SALES. DOZR CANNOT AND DOES NOT CONTROL THE CONDUCT, ACTIONS OR INACTIONS OF ANY USER, THE CONDUCT, ACTIONS OR INACTIONS OF ANY THIRD PARTY RETAINED BY ANY USER (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RETAINED BY A USER TO OPERATE, DELIVER, TRANSPORT OR INSURE ANY EQUIPMENT OR OPERATOR), NOR DOES DOZR CONTROL THE CONDITIONS OF ANY EQUIPMENT RENTED OR SOLD THROUGH THE SERVICE. DOZR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS, SALES AND USER CONTENT. ACCORDINGLY, ANY RENTAL OR SALE TRANSACTIONS MADE BY A USER, CONSUMER AND/OR OWNER’S WILL BE MADE AT THE USER, CONSUMER AND/OR OWNER’S OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SERVICE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SERVICE.
13. MAXIMUM LIABILITY
IF DOZR OR ANY OF THE THIRD PARTIES SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SERVICE, ANY OF THE FUNCTIONS OR USES OF THE APPLICATION OR ITS CONTENT, OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE, THE LIABILITY OF DOZR AND THE THIRD PARTIES WILL IN NO EVENT EXCEED IN THE AGGREGATE $2,000 (CANADIAN CURRENCY).
IN NO EVENT WILL DOZR OR ANY OF THE THIRD PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ECONOMIC LOSS, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SERVICE OR THE APPLICATION OR ITS CONTENT, THE OPERATION OF THE SERVICE OR THE APPLICATION OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SERVICE OR THE APPLICATION (INCLUDING, BUT NOT LIMITED TO THE INABILITY TO USE ANY COMPONENT OF THE APPLICATION FOR PURCHASES), OR ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. FOR CERTAINLY, DOZR WILL NOT BE LIABLE FOR ANY DELAY IN THE COMPLETION OF ANY WORK RESULTING FROM EQUIPMENT RENTED OR PURCHASED THROUGH THE SERVICE.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and DOZR acknowledges that in that case, parts of these Terms and Conditions will not be binding upon you.
14. NO WARRANTIES
Except as expressly provided in these Terms and Conditions, DOZR hereby disclaims any warranty of any kind with respect to the Equipment, Rentals, Sales and other products and services provided by or through the Service, whether such warranties are express, implied, statutory or otherwise, including warranties of form, fitness for a particular purpose, non-infringement, function or condition. DOZR makes no warranty that the Service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the Service, and any Equipment rented or sold through the Service, is at your own risk, including with respect to safety, legal and regulatory compliance of any rentals. Each User warrants that it has not received and is not relying on any statement or warranties from DOZR regarding any Equipment or services of any User.
YOU WILL INDEMNIFY AND SAVE HARMLESS DOZR AND THE THIRD PARTIES AND THEIR RESPECTIVE HEIRS, EXECUTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL FEES), DAMAGES, CAUSES OF ACTION, OBLIGATIONS, LIABILITIES, LOSSES AND COSTS OR DEBT ARISING OUT OF, OR ASSERTED IN CONNECTION WITH: (A) YOUR CONNECTION TO, ACCESS OR USE OF THE SERVICE OR ANY PART OF THE APPLICATION; (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY RENTAL AGREEMENT; (C) ANY USE, RENTAL, PURCHASE, SALE OR BOOKING OF ANY EQUIPMENT BY YOU, INCLUDING, BUT NOT LIMITED TO ANY INJURIES, LOSSES, DAMAGES OR ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE USE, RENTAL, PURCHASE, SALE OR BOOKING OF ANY EQUIPMENT; (D) ANY OTHER PERSON OR ENTITY’S ACCESS OR USE OF THE SERVICE OR APPLICATION WITH YOUR USER LOGIN AND PASSWORD; (E) YOUR INTERACTION WITH ANY USER; (F) ANY CLAIM OR DAMAGE ARISING AS A RESULT OF YOUR USER CONTENT OR ANY THAT IS SUBMITTED VIA YOUR ACCOUNT; (G) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF CANADA OR ANY OTHER COUNTRY; AND/OR (H) ANY VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY.
You agree that your use of the Service and entering into any agreements with other Users shall be at your own risk. The Service is provided on an "as is" and "as available" basis for your use. To the fullest extent permitted by law, we expressly disclaim all, and make no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Service including, but not limited to, implied warranties of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. We do not warrant that any errors or defects in the Application will be corrected, and do not assume responsibility for the conduct of any Users of the Application, whether online or offline
17. RULES OF USE
Each User is solely responsible for all User Content and compliance with any and all laws, rules and regulations that may apply to its use of the Service. In connection with such use, you agree not to do any of the following and not to advocate, encourage, or assist any third party in doing any of the following: (a) use manual or automated software, devices, scripts robots, offline readers, crawlers or other means or processes to access, “scrape,” “crawl” or “spider” or other such devices or technologies to access the Service (except that DOZR grants operators of public search engines a revocable right to use spiders to copy material for the sole purpose of making publicly available search indices); (b) exploit, copy or use any component of the Service for any commercial purpose other than as provided in these Terms and Conditions; (c) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights or compromise any person or entity’s contact or financial information; (d) interrupt, tamper with, or otherwise interfere with or damage the Service, or any computer software, hardware, servers or networks connected to the Service, or telecommunications equipment, including without limitation, the use of viruses, bots, Trojan horses, worms, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similarly harmful software agents; (e) post any Equipment you do not yourself own or have permission to rent or sell or that may not be rented or sold pursuant to the terms and conditions of an agreement with a third party; (f) register for an account with us on behalf of another individual or entity, other than one for which you are authorized or impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or attempting to hide your identity; (g) post any User Content that may constitute or contribute to any unlawful purpose; (h) promote any illegal activity or criminal enterprise; (i) violate any municipal, provincial, federal, county, state, national, or other law or regulation, zoning restrictions or tax regulations; (j) post any false or misleading information, including price information that you do not intend to honour; (k) abuse, stalk, defame, threaten, harass, or invade the privacy of any other User, encourage or act in any unlawful, vulgar, profane, defamatory, violent, obscene, hateful or ethically objectionable way, in DOZR’ s sole discretion; (l) provide in any post, a discriminatory preference based on race, color, sex or national origin, religion, familial status or handicap; (m) use the Service to identify a Consumer or Owner and then complete the transaction offline or otherwise recruit or solicit any User to join a third party service or website that is competitive in any way to the Service or DOZR; (n) modify, edit, copy, use, display, rent, lease, loan, sell, distribute, create derivative works of, mirror, reproduce, transmit, publicly display, publicly perform, adapt, publish, reverse engineer, reverse assemble, or frame any aspect of the Service or any of DOZR’ s trademarks, trade dress, design marks or other proprietary information, including without limitation, the layout and design of any page included in the Service, DOZR’ s source code or otherwise transfer any right or interest in the Service, without DOZR’ s express written consent; or (o) circumvent any technological security measure implemented by DOZR.
18. ADVERTISEMENTS AND PROMOTIONS
DOZR may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. DOZR is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-DOZR advertisers or third-party information accessible via the Service.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor or assist in disputes between you and other Users. DOZR shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. Instead, the Service allows Consumers and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If any dispute arises between you and DOZR, you agree to contact us at erin@DOZR.com and attempt to resolve the dispute informally prior to commencing any legal proceedings against DOZR. If you and DOZR are unable to resolve the dispute informally, you irrevocably agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the Application (collectively, “Disputes” ) will be settled exclusively by the courts of the Province of Ontario in the City of Kitchener.
20. ADDITIONAL TERMS OF SERVICE
DOZR reserves the right to use third party providers of services to enable Users to book and/or pay for the Services. In addition to being bound by these Terms and Conditions, Users who use any tool provided by us or a third party provider on our Application enabling Users to book and/or pay for the Rental or Sale of Equipment are also subject to the additional terms and conditions and privacy policies of such third party providers.
The Application may contain links to websites owned or operated by other entities which are not associated or affiliated with DOZR or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by DOZR or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. DOZR and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Application or any of its content in any form and by any method is strictly prohibited.
Linking to any other website is at your sole risk and DOZR will not be responsible or liable for any damages in connection with such linking. In addition, DOZR does not endorse or approve of any websites linked from or to Application, except for other websites operated by DOZR.
You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Application, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of DOZR.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
DOZR and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
DOZR and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Application or your downloading of any materials, data, text, images, video or audio from the Application.
The Application, its design, all text, graphics, content, video, audio and the selection and arrangement of the Application are the property of DOZR, and/or its Third Parties, and are protected under the copyright laws of Canada and other countries. None of the content found on Application may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of DOZR or the applicable Third Parties. DOZR, the Application, and all other related trademarks and design marks displayed on the Application (collectively, the “ Trademarks ”) are registered and common law trademarks of DOZR. Other trademarks and design marks appearing on the Application are trademarks of their respective owners. Nothing contained on the Application should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of DOZR or the other party that may own the applicable trademarks.
All content included on the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DOZR or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Application is the exclusive property of DOZR and protected by Canadian and international copyright laws. All software used on the Application is the property of DOZR or its software suppliers and protected by Canadian and international copyright laws.
No part of the Application nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of DOZR, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Website. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information from the Website for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Website.
You are prohibited from contributing, posting or transmitting to this Application any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We have limited control over the nature and content of information and chat transmitted or received by you or other users of DOZR. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another User please contact us via the Website . DOZR reserves the right (but not the obligation) to remove or edit such content. In its sole discretion, in addition to any other rights or remedies available to DOZR and without any liability whatsoever, DOZR at any time and without notice may terminate or restrict your access to any component of the Application.
25. USER CONTENT
You will be permitted, in our sole discretion, to post, upload, publish, submit or transmit content including without limitation User reviews (“ User Content ”) to the Application. No advice or information, whether oral or written, obtained by you from DOZR will create any express warranty. We do not represent or warrant that any of the User Content or materials presented on the Application are appropriate or available for use in any locations or jurisdictions. If you access the Application from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. We shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within the Application. DOZR claims no ownership rights or interest in your User Content. With the exception of payment information, by providing the User Content through the Application, you hereby grant to DOZR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify, syndicate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, make derivative works of and otherwise exploit such User Content on, through, or by means of the Application or through any other channel in any format.
DOZR has no control over User Content. Accordingly, we do not assume any liability for any User Content published by you or any other User of the Application, or for any action, you take in reliance on the User Content published by any other User, including without limitation information contained in any Application post. DOZR assumes no responsibility for any User’s compliance with any law, rule or regulation with respect to such User Content. Accordingly, you agree: you are solely responsible for all User Content that you make available through the Application and the consequences of posting or publishing it, including photographs taken by DOZR for your use; all User Content you provide will be accurate; you will maintain and update all User Content; DOZR does not screen any Content, but in its sole discretion, will have the right to do so and to remove any Content that violates these Terms and Conditions or is otherwise objectionable in its sole discretion; that the technical process and transmission of the Application, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and DOZR does not have any control over the conduct of hosts, guests or other Users of the Application.
Additionally, you represent and warrant that: you either are the sole and exclusive owner of all User Content or you have all necessary rights to grant DOZR the rights you agree to so grant herein with respect to such User Content; your User Content will not violate any law or the intellectual property rights of any other party; all of your User Content is truthful and accurate and in compliance with all laws of the local, municipal, provincial, state and federal jurisdictions; and no posting you provide on the Application will breach any agreement or conflict with the rights of any third party.
DOZR enables visitors to the Application to provide DOZR with feedback by email or otherwise (“ Customer Feedback ”). If you provide Customer Feedback you grant DOZR a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Feedback throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Feedback. You also grant DOZR the right to use the name you submit with the Customer Feedback, if any, in connection with DOZR’s rights set out in this section.
27. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms and Conditions or any law or regulation. You agree that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.
28. GENERAL PROVISIONS
These Terms and Conditions, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by us without restriction. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions. The relationship between DOZR and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Application. These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
29. GOVERNING LAWS, JURISDICTION
You irrevocably consent and submit to the exclusive jurisdiction of the courts located in the City of Kitchener, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Application and these Terms and Conditions. These Terms and Conditions will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.
These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire and exclusive agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by DOZR as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions. DOZR may modify these Terms and Conditions from time to time in its sole discretion and any such modifications will be binding upon each user and will act to modify any agreement effective as of the first day after the date of such modification.
31. ELECTRONIC COMMUNICATIONS
When you visit the Application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
32. BUSINESS NAME AND BUSINESS OWNERSHIP
The legal business name of DOZR is DOZR Inc. Please direct enquiries to DOZR’s mailing address at 836 Southgate Drive, Guelph Ontario, N1G 3Y1, or by telephone at 844-218-3697 or e-mail firstname.lastname@example.org
33. ENGLISH LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.