User Agreement

You agree that upon by activating and using the PeerRenters app, that you are entering into a legally binding contract as outlined by this entire user agreement.

This User Agreement applies to all members in all countries.

This User Agreement may be changed from time to time and is effective immediately after we post such changes on the website and within the app. When using this app, you agree that you are subject to any policies or rules which are posted in conjunction with those services. All such posted policies or rules are thus incorporated by reference into this Agreement.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH PEERRENTERS INC. OFFERS YOU ACCESS TO OUR SERVICES (herein referred to as “Service” and “Services”).

This User Agreement (“Agreement”) is a contract between you and PeerRenters Inc. and applies to your use of the PeerRenters app rental and sales service. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the app.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may use the app. This Agreement can be amended and updated at any time by posting the amended terms on our site and within the app. All amended terms shall be effective immediately upon posting.

In this Agreement, “you” or “your” means any person or entity using the Service (“Users” and/or “User”). Unless otherwise stated, “PeerRenters,” “we” or “our” will refer collectively to PeerRenters, Inc. Unless otherwise specified.

1. Eligibility.
In order to use the Service, you must download and activate the app. Our Service is not available to persons who have been suspended from our Service.

2. The Legal Relationship between PeerRenters and You.

2.1 Agency Relationship.
PeerRenters acts as a facilitator to help you engage in peer rental and peer sales transactions with our app users. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf.

2.2 PeerRenters only provides Introduction Services.
PeerRenters acts as an introduction service provider by creating, hosting, maintaining and providing our Service to you via the app. We do not have any control over the products or services that are offered, rented, sold, and purchased via our Service. We cannot insure that a property owner and a renter or buyer will actually complete any given transaction. As such, we will not be held financially responsible or liable in any way, shape or form, for any and all losses incurred via transactions processed through our Services. As a User of our Services, you accept all liability and hold PeerRenters (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all losses incurred in any transactions processed through our Services. However, PeerRenters will act to suspend accounts of those members who are engaged in reported fraudulent activities to best protect the PeerRenters community from loss.

2.3 Identity Authentication.
PeerRenters cannot and does not guarantee any user’s identity.

2.4 Release.
In the event that you have a dispute with one or more PeerRenters users, you release PeerRenters (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

2.5 No Warranty.
PEERRENTERS, ITS PARENT IF AND WHEN APPLICABLE, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT IF AND WHEN APPLICABLE, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.6 Limitation of Liability.
IN NO EVENT SHALL WE, OUR PARENT, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

2.7 Indemnification.
You agree to indemnify and hold PeerRenters, its parent if and when applicable, shareholders, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

2.8 Liability for Violations of the Acceptable Use Policy.
PeerRenters may report you to the appropriate authorities, and cancel your account if you use our Services in any of the following ways, as explained below.

i. The PeerRenters Service may not be used in any way to facilitate gambling and/or gaming activities, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools).

ii. Use PeerRenters Services to facilitate the trade, barter, rental or creation of sexually obscene material that violates US, Canadian, and/or International Child Pornography laws.

iii. Use PeerRenters Services to facilitate the trade, barter, rental or creation of illegal narcotics, and other controlled substances.

iv. Use PeerRenters Services to facilitate the trade, barter, rental or creation of counterfeit or stolen items.

v. Use PeerRenters Services to engage in activities that are fraudulent in nature.

vi. Use PeerRenters Services to infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.

vii. Use PeerRenters Services to engage in activities that in any way are defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

iix. Use PeerRenters Services to engage in activities that in any way violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.

ix. Use PeerRenters Services to engage in activities that in any way contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, device, data or other personal information.

You further understand that, if you use the PeerRenters Service in a manner that violates the categories described above, PeerRenters may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By renting and or selling goods or services (including access to content) that contravenes these rules, you acknowledge liability to PeerRenters for any and all damages suffered by PeerRenters. Without limiting the foregoing, you agree to reimburse PeerRenters for any and all costs, expenses, and fines levied on PeerRenters by its payment processors and/or service providers as a result of your untoward activities.

2.9 Breach of Account – Unauthorized Account Use.
IN NO EVENT SHALL WE, OUR PARENT IF AND WHEN APPLICABLE, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH A BREACH OF AND OR UN-AUTHORIZED ACCESS TO A USER’S ACCOUNT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

2.10 Non-Receipt of Goods or Services.
IN NO EVENT SHALL WE, OUR PARENT IF AND WHEN APPLICABLE, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, REVENUES, FUNDS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH NON RECEIPT OF GOODS OR SERVICES ACQUIRED FROM THIRD PARTIES TRANSACTED VIA OUR SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

3. Fees.
All fees are set forth on the “Costs” page of the website. All fees will be assessed in the currency of the payment. The default currency and initial currency available for use of this website is Canadian dollars in Canada, and U.S. dollars in the USA and other countries. However, in the future when other country currencies are made available in app and Service, fees for those country-based transactions will be processed in the respective currency.

4. Worldwide Use.
Residents of most countries are eligible and welcome to use our Services and this website.

5. Payments.

5.1 Payments.
Property owners and renters and buyers settle transaction payments between themselves outside of the app removed from our Services.

5.2 Booking Confirmation Payments.
Renters and buyers pay the booking confirmation payment via in-app payment services provided by PayPal. PeerRenters will add other in-app payment options to facilitate booking confirmation payments in the future. In the event that either the property owner or buyer or renter decides to cancel the transaction, the booking confirmation payment will be refunded in full to the renter or buyer.

6. Your Information and Restricted Activities

6.1 Definition.
“Your Information” is defined as any information you provide to us or other users in the registration, payment process, or other features of our Service. You are solely responsible for Your Information, as we act as a passive provider for your mobile distribution and publication of Your Information to other Users.

6.2 Restricted Activities.
Our Service shall not be used to facilitate any of the following restricted activities:

i. The PeerRenters Service may not be used in any way to facilitate gambling and/or gaming activities, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools).

ii. Use PeerRenters Services to facilitate the trade, barter, rental or creation of sexually obscene material that violates US, Canadian, and/or International Child Pornography laws.

iii. Use PeerRenters Services to facilitate the trade, barter, rental or creation of illegal narcotics, and other controlled substances.

iv. Use PeerRenters Services to facilitate the trade, barter, rental or creation of counterfeit or stolen items.

v. Use PeerRenters Services to engage in activities that are fraudulent in nature.

vi. Use PeerRenters Services to infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.

vii. Use PeerRenters Services to engage in activities that in any way are defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

iix. Use PeerRenters Services to engage in activities that in any way violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.

ix. Use PeerRenters Services to engage in activities that in any way contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, device, data or other personal information.

x. Use PeerRenters to find parties and engage in rental and sales transactions removed from the PeerRenters system, with purpose to avoid paying PeerRenter fees.

7. License.
Solely to enable PeerRenters to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media presently known or not currently known, with respect to Your Information. PeerRenters will use and protect Your Information in accordance with our Privacy Policy.

8. Privacy and Security.
We do not sell or provide your personal information to third parties for marketing purposes, and we only use your information as described in the Privacy Policy. We store and process Your Information on computers that are protected by physical as well as technological security devices.

9. Termination or Closing Your Account.
Provided you have de-activated all your listings, and have no pending or current transactions, you may contact us to request that we de-activate your account. All accounts that are de-activated remain in our database in perpetuity, along with all transaction details. As such, you agree that your personal information and transaction information will remain within our database in perpetuity, although this information will not be shared with third parties unless required by law or court order.

10. PeerRenters’ Right to Collect From You.
Without limiting other remedies, we may contact you by any means including electronically, immediately warn our community of your actions if deemed to be fraudulent or not at arms length in any way, and limit access to your account, and indefinitely suspend or close your account and refuse to provide our Services to you if:

(a) you breach this Agreement in any way;

(b) we are unable to verify information you provide to us;

(c) we determine your account and activities pose a credit risk or fraud risk to us;

(d) we determine your actions may cause financial loss or legal liability for you, our users or us; or

(e) we determine your use of your PeerRenters account is deemed by PeerRenters, or any of our business partners to be a possible abuse of any online system, mobile network, payment system or banking system (without limitation).

11. Assignability. You may not transfer or assign in any way any rights or obligations you may have under this Agreement. PeerRenters reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

12. Legal Compliance. You shall comply with all applicable US, Canadian and international laws, statutes, ordinances, and regulations regarding your use of our Services.

13. Electronic Communications.
You agree that this Agreement constitutes “a writing signed by You” by virtue of your ongoing use of our Services. This Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically, and you agree to receive all Communications from PeerRenters electronically. Electronic Communications may be posted on the pages within the PeerRenters website and/or delivered to your email address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (1) business day after posting or dissemination, whether or not you have received the Communication.

14. BC Law.
This Agreement is governed by and interpreted under the laws of the Province of BC (British Columbia), Canada, as such laws are applied to agreements entered into and to be performed entirely within BC by BC residents.

15. App Access.
As our Services are strictly App-based via mobile devices, over mobile networks. We do not and cannot guarantee continuous, uninterrupted and/or secure access to our Service. Our app by its very nature can be interfered with by numerous factors outside our control. You agree to hold us harmless for any losses or damages of any nature whatsoever, as caused by interruption and/or access to our Service.

16. General Info.
If any provision of this Agreement is held to be invalid or unenforceable, all remaining provisions shall be enforced. You agree that this Agreement and all related PeerRenters agreements may be automatically assigned by PeerRenters (at our sole discretion) to a third party in the event of a merger, acquisition, or sale of the business.

17. Disclosures.
The Services are offered by PeerRenters Inc., a Canadian Corporation in good standing, incorporated in Vancouver, British Columbia. Our mailing address is as follows:

PeerRenters Inc.
337-2740 West King Edward
Vancouver, BC, V6L 3H5
Canada

18. Hacking.
If you use, or attempt to use the Service for purposes other than rental and sales/purchase transactions, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution.

19. Buyer Beware.
PeerRenters assumes absolutely no responsibility for any rentals, purchases, and/or sales made through the PeerRenters app and Service. At any time you transaction a rental or purchase via or app and Services, you understand without reservation that these transactions are done at your own risk. We do not issue refunds if the product or service rented or sold turns out to not be what you thought it was, or if the other app user in your transaction does not hold up to their promises. You should thoroughly investigate any third party and their app feedback reports (if any) before making the decision to transact with them. PeerRenters is only the introduction service provider and assumes no responsibilities other than outlined in this user agreement.

However, if someone does not live up to the spirit of their transaction and/or is using our Services for fraudulent or illegal activities, please contact us with the details so that we may investigate.

20. Right to refuse and investigate transactions.
PeerRenters reserves the right at all times to refuse Services in its sole discretion without reason, explanation, or justification.

This agreement was last modified on April 2, 2013.