Terms and Conditions
These terms and conditions of use (“Terms and Conditions”) constitute a legal agreement between the client, customer or user (“Client”, “you” or “your”) for the use of the Zip Equip Ltd. equipment rental application and website (the “App”) and Zip Equip Ltd. (“ZIPEQUIP”) concerning your access to and use of the App and the terms and conditions of any rental of equipment from ZIPEQUIP (“Equipment”). In addition, these Terms and Conditions include all terms and conditions for the rental of Equipment between the Client and ZIPEQUIP. In consideration of ZIPEQUIP providing you with access to this App, through your access to and use of the App, and by you accessing and visiting this App, you accept and agree, without limitation or qualification, to the Terms and Conditions and that you intend to be legally bound by them. These Terms and Conditions will govern your use of the App and the rental terms of any Equipment. If you do not agree with one or more of these Terms and Conditions, you may not access or use the App. Except as otherwise agreed by ZIPEQUIP in writing, in the event of a conflict between the terms and conditions contained in these Terms and Conditions, any further terms or conditions set out in any purchase order, acceptance or other document or communication exchanged that you and ZIPEQUIP agree that the terms and conditions set out in these Terms and Conditions shall govern.
The App contains information and resources related to ZIPEQUIP and its products, services and related information (“App Content”), and is provided by ZIPEQUIP solely and exclusively for the purpose of enhancing your understanding, use and enjoyment of ZIPEQUIP products and services. Although accessible by others, the App and the App Content are primarily intended for access and use by businesses located in Canada only. The App provides the platform for the Equipment rental services offered by ZIPEQUIP, however the use of the App or the rights granted to use the App do not itself confer any rights to use or rent any ZIPEQUIP Equipment and any Client may only use Equipment, to the extent available, in accordance with these Terms and Conditions and subject to paying all applicable rental fees, charges, taxes and costs.
RIGHT TO ACCESS
ZIPEQUIP grants you a personal, non-transferable and non-exclusive license to access, read, download and print the App Content (which includes without limitation, all data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) which is displayed on the App from time to time solely and exclusively for your personal and private, commercial or non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any App Content for public or commercial purposes, other than purposes expressly permitted by this license, without the express written permission of ZIPEQUIP. You may, to the extent available to do so and subject to these Terms and Conditions, use the App to access such other related information, materials and services as may be made available from ZIPEQUIP through the App from time to time hereafter. You agree that you acquire absolutely no rights or licenses to any App Content other than the limited right to access and use the Web App and App Content in accordance with these Terms and Conditions. ZIPEQUIP reserves the right to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the App or App Content. ZIPEQUIP also reserves the right to change, modify, suspend, or discontinue the App or any App Content at any time without notice at its sole discretion and for any reason and without further obligation or liability to you. Changes may be periodically made to the App and/or the App Content and may be made at any time without notice to you. If you are dissatisfied with the App, the App Content your use thereof or with any of the Terms, Conditions, guidelines, practices or policies of ZIPEQUIP in operating the App you agree that your sole and exclusive remedy shall be to discontinue using the App.
In addition to complying with these Terms and Conditions, you agree to use the App and App Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The App shall not be used where, and to any extent, such use is prohibited by law. your use of the App from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. you agree, and confirm, that your use of the App is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the App due to any restriction whatsoever.
All App Content, including, but not limited to, text, graphics, logos, images, audio clips, digital downloads, data compilations and software, if any, is the property to ZIPEQUIP and protected by copyright laws. This App or any portion of this App or its App Content may not be reproduced, duplicated, copied, sold, resold, viAppd or otherwise exploited for any commercial purpose without the express written consent of ZIPEQUIP.
If you use the ZIPEQUIP App, you are responsible for maintaining the confidentiality of your ZIPEQUIP account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ZIPEQUIP reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
ELIGIBIITY TO RENT EQUIPMENT
To be eligible to rent Equipment from ZIPEQUIP, you must have and provide to ZIPEQUIP the following:
- be at least 21 years of age and have a valid driver’s license;
- submit a valid credit card that has not expired;
- provide a copy of insurance for the Equipment to be rented;
- complete accurately all required information during the application process and deliver all additional information as may be required.
All rentals are subject to the final approval of ZIPEQUIP, in its sole discretion. Meeting the eligibility criteria alone does not guarantee that a rental will be accepted by ZIPEQUIP.
RENTAL FEES AND CLIENT RENTAL COVENANTS
Fees: You agrees to pay ZIPEQUIP all rental fees, including, but not limited to, applicable taxes applicable for each rental of Equipment. All fees and charges
Shall be billed to the credit or debit card submitted to ZIPEQUIP for payment in advance of the rental. Under no circumstances will ZIPEQUIP be responsible for any overdraft or other fees charged by a credit card company or bank.
Damages: You are responsible for any and all damages that occurs to Equipment while in the your possession or control, regardless of the cause or circumstance. You are fully responsible for the full value of any damages to the Equipment, other personal property or real property, or injuries caused to yourself, your employees, agents, contractors or third parties.
Before you remove any rented Equipment from the ZIPEQUIP storage location, you are required to fully inspect the Equipment and provide to ZIPEQUIP photos and a description of any damage or other issues, otherwise you will be conclusively deemed to have accepted the Equipment in good condition and running order, without broken or worn parts, and in clean and unmarred condition. All Equipment will be cleaned prior to your rental and are to be returned after a cleaning. All Equipment will be subject to a cleaning fee of $200.00 if not returned clean, subject to increase in such fee from time to time without notice.
Maintenance and Repairs: You shall not remove or alter any numbering, lettering or other marks displayed upon any Equipment and shall, at your own expense, maintain and return to ZIPEQUIP the Equipment together with any tools and accessories, in good repair and working order.
You shall, at your own expense, during the term of rental, pay the cost of all fuel and other consumables required to operate the Equipment during your use. All Equipment will have full fuel at the time of rental pick up, and shall be full when you return it or you will be subject to a refueling fee of $2.00 per liter, subject to increases from time to time without notice.
Insurance Obligation and Damage to Equipment: You shall indemnity and hold harmless ZIPEQUIP against all loss and damage to the Equipment during the rental period and your use and the amount payable for any such loss or damage shall be based on the replacement cost of Equipment without deduction for depreciation. All use of the Equipment rented shall be in accordance with operational procedures, guidelines and restrictions as provided for in the manufacturers operating procedure manual and in accordance with all applicable federal, provincial and municipal laws and regulations. You will provide ZIPEQUIP with a certificate of insurance covering the replacement cost of the Equipment without deduction for depreciation that shall be kept in effect from the time the Equipment made available to you until it is returned to ZIPEQUIP. In the event of any loss or damage to the Equipment, ZIPEQUIP will have the right of subrogation with respect to any right you may have to recover against any person, firm or corporation. You will execute and deliver whatever instruments and papers are required and do whatever else is necessary to secure such rights. You will cooperate fully with ZIPEQUIP and or its insurer(s) in the prosecution of those rights and will neither take or permit nor suffer any action to prejudice your rights with respect thereto.
Indemnification of ZIPEQUIP: You shall indemnify and hold harmless ZIPEQUIP against all loss, expenses, penalties, damages and legal costs which ZIPEQUIP may suffer or may be required to pay for personal injuries (including death) and/or property damages suffered by any person by reason of the Equipment or the operation, handling, transportation or use thereof by or while your possession or control or your employees, agents or contractors. You shall remain responsible for the Equipment until it has been returned to ZIPEQUIP. You shall maintain at your own expense, public liability and all risk property insurance in adequate amounts to fully cover this indemnity. You hereby renounce all claims which you may have against ZIPEQUIP for any loss or damage which you may suffer, either directly or indirectly, by reason of the condition of the Equipment or its suitability for the work it may be required to perform.
Title: Title to the Equipment shall at all times be and remain vested in ZIPEQUIP and nothing contained in these Terms and Conditions shall be deemed to have the effect or conferring upon you any right or title whatsoever in or to the Equipment, other than that of the renter or lessee. You shall not incur or permit to exist any lien or other encumbrance on or with respect to the Equipment. You shall give ZIPEQUIP immediate notice in case of any of the Equipment is levied upon or from any cause becomes liable to seizure.
Assumption of Risk: You shall be liable for all resulting loss or damage to the Equipment and expenses of ZIPEQUIP while the Equipment during your rental period and until the Equipment has been returned to ZIPEQUIP, including, but not limited to all loss or damage associated with vandalism, mischief, theft or conversion of the Equipment or your failure to perform necessary Equipment maintenance as required. Should you become aware of any damage or theft of the Equipment, you shall immediately provide notice to ZIPEQUIP.
No Warranty: ZIPEQUIP makes no warranties, either express or implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, it’s merchantability or fitness for a particular purpose, or that is suited for your intended use. The aggregate liability of ZIPEQUIP hereunder, if any, shall be limited to the amount paid to it by you under these Terms and Conditions.
The rental period with respect to Equipment shall commence on the and include the actual day that the Equipment is acquired by you and shall end on the day and include the day that it is actually returned to ZIPEQUIP. You are responsible for the Equipment until it has been returned to the ZIPEQUIP storage facility from which you rented it.
APP USE RESTRICTIONS
You agree that when using the App you will not: (i) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (ii) post material for advertising or commercial solicitation; (iii) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or (iv) post or transmit content which is indecent, obscene or pornographic or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law. You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any App Content from the App or for any other purpose in connection with your access to and use of the App. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the App or to shut down, overload or overwhelm the App.
The App and the App Content is made available for your personal informational purposes only. While ZIPEQUIP has made reasonable efforts to ensure that all App Content is accurate and up to date, ZIPEQUIP does not guarantee that any App Content is error free, complete, accurate, reliable or current.
you acknowledge and agree that this App, ZIPEQUIP and/or the App Content does not purport to provide professional advice and nothing on the App, in the App Content or in these Terms and Conditions shall be taken, implied or construed as an offer to provide, or a provision of any specific course of action. Any information offered in relation to the use of ZIPEQUIP products or services is general in nature and is provided for informational purposes only.
YOU AGREE THAT THE APP, APP CONTENT AND EQUIPMENT RENTED ARE PROVIDED ON AN “AS IS” BASIS, AND IS FOR YOUR BUSINESS, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. ZIPEQUIP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY APP CONTENT OR THE APP OR ANY THIRD PARTY INFORMATION. ZIPEQUIP IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE APP OR ANY APP CONTENT IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE APP OR APP CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
IN NO EVENT SHALL ZIPEQUIP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE APP OR ANY APP CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY APP CONTENT FROM THE APP OR SUBMISSIONS TO THE APP OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY APP CONTENT OR OTHER INFORMATION CONTAINED ON THE APP, WHETHER OR NOT ZIPEQUIP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
SHOULD SUCH EXCLUSION OR LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES NOT BE PERMITTED IN SOME JURISDICTIONS, ANY LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES AND CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED $CDN5.00. YOU AGREE THAT IN VIEW OF THE CIRCUMSTANCES OF THESE TERMS AND CONDITIONS AND THE FACT THAT YOU ARE ACCESSING THE APP AND APP CONTENT FREE OF CHARGE, THE LIMITATIONS UPON ZIPEQUIP’S LIABILITY UNDER THESE TERMS AND CONDITIONS ARE IN ALL RESPECTS FAIR AND REASONABLE, AND THAT ZIPEQUIP WOULD NOT HAVE OFFERED THE APP OR THE APP CONTENT BUT FOR YOUR AGREEMENT WITH THE LIMITATIONS AND EXCLUSIONS PROVIDED IN THESE TERMS AND CONDITIONS.
Without limiting the foregoing, ZIPEQUIP shall have no liability for any loss of, or damage to, any goods in or on the Equipment or in or on any third party Equipment, any loss, damage, injury or death in relation to you or any third party arising from the use of the Equipment, loss or damage incurred by you as a result of any claims made by a third party, or loss or damage incurred by you arising from or in relation to the reservation, non-availability, supply, operation or use of any Equipment.
Downtime and Service Suspensions
In addition to our rights to terminate or suspend Services to you as otherwise described in these Terms and Conditions, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you email notice of any Service Suspension and to post updates on the App regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
ZIPEQUIP will strive to keep your Content secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation you
acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content and Applications. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect your Content from unauthorized access, (b) routinely archive your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your Content or Applications.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the App or in the App Content may constitute trademarks or trade names of ZIPEQUIP, its affiliates, related companies, their licensors or other third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right to use any such trade-marks, names, marks, or other intellectual property rights of ZIPEQUIP, its affiliates, related companies or their licensors or any other third party. Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.
LOCATION AND LAW
The App is physically located on servers located in the United States of America, and is administered by ZIPEQUIP from its offices in, the Province of Ontario, Canada. By accessing the App, you and ZIPEQUIP agree that all matters relating to access to, or use of the App and all of the communications, transmissions and transactions associated with the App shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms and Conditions, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. you and ZIPEQUIP also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
You agree to defend, indemnify, and hold harmless ZIPEQUIP, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the App, your use of the App Content or your breach of these Terms and Conditions.
If, in any jurisdiction, any of these Terms and Conditions are held to be unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms and Conditions shall otherwise remain in full force and effect. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of you and ZIPEQUIP that these Terms and Conditions be drawn up on English only. You hereby waive any right to use and rely upon any other language.
ENTIRE AGREEMENT AND ASSIGNMENT
No supplement, modification or amendment to these Terms and Conditions proposed by you shall be binding on ZIPEQUIP unless agreed to by ZIPEQUIP in writing. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such Term and Condition or any other term or condition. All waivers by ZIPEQUIP must be in writing and signed by an authorized representative of ZIPEQUIP. No delay or omission by ZIPEQUIP to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant to be performed by you in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant.
All notices and communications by or to a party shall be in writing and shall be made via e-mail to info@connectZipEquip.com for notices to ZIPEQUIP, or to the e-mail address that you may provide to ZIPEQUIP in connection with your use of the App. Either party may revise its contact information by sending the other the corrected email address to the address specified in the preceding sentence. ZIPEQUIP may also broadcast notices or messages, or other matters of importance, on the App; and you agree that such broadcasts shall constitute notice to you whether or not you actually access the communication or notice via the App. Notice by e-mail or posting on the App shall be deemed given forty-eight (48) hours after the e-mail is sent or is posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.
The disclaimers, limitations on liability, interpretative provisions, your warranties and indemnities shall survive any termination or expiration of these Terms and Conditions for any reason.
ZIPEQUIP is committed to providing a secure environment for you to store and access your digital files and to communicate and interact with those vendors and suppliers you have authorized to participate in ZIPEQUIP.
ZIPEQUIP provides a service that enables you and your authorized vendors and suppliers and each of them to enter into electronic commerce transactions involving the exchange of funds using credit card and other financial funds transfer systems. ZIPEQUIP provides this service as an intermediary and not as a principal. you are responsible to ensure the vendor’s or supplier’s terms of service satisfy your requirements in all respects. ZIPEQUIP does not in way warrant the services or quality of work to be provided by your authorized vendors or suppliers.
you should not enter into any financial transaction with a vendor or supplier using ZIPEQUIP’ electronic commerce facilities that you would not be prepared to enter into in a non-electronic situation.
ZIPEQUIP accepts no responsibility for any disagreements between you and your authorized vendors or suppliers with respect to the provision of services or delivery of goods or failure to deliver goods. you expressly acknowledge that ZIPEQUIP has no responsibility or liability to you with respect to any such disagreements.
ZIPEQUIP reserves the rights, in its sole discretion, to change, modify, suspend or discontinue the App or the App Content at any time and to terminate these terms and conditions without notice and may suspend or limit or terminate your access to the App or the App Content immediately (and remove and discard any information or content related to you) without prior notice at its sold discretion and for any reasons and without any obligation or liability to you. Upon any termination of these Terms and Conditions you shall cease to have any rights to access or use the App and/or the App Content.
HOW TO CONTACT ZIPEQUIP
If you have any questions about these Terms and Conditions, please contact us using the contact information below:
I HAVE CAREFULLY READ THIS RENTAL AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS RELEASE OF LIABILITY IS A BINDING CONTRACT AND I AGREE TO IT OF MY OWN FREE WILL.