The incuman website located at www.incuman.ca is a copyrighted work belonging to Meetquoteshack Inc. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, incuman uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 777 Hornby Street Suit 600, Vancouver, B.C. V6Z 1S4. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
The incuman Platform allows Users to offer to rent out household items and other goods (“ Items ”) to other Users. Users who seek to rent out Items as “ Posters ” can create and publish on the Platform a listing in respect of the Item, which includes pricing (minimum rate, hourly, daily, weekly, monthly, event), pictures, description, availability type (quick check, manual, system), pickup location, delivery from location, as well as any rules or instructions Users seeking to rent an item from a Poster (“ Renters ”) can make requests to book the Items in accordance with the terms set by the Poster.
When Posting an Item, a Poster shall include all relevant safety instructions or any relevant use information in respect of the Item. incuman reserves the right to inspect or verify the information provided in respect of any Item or listing. We may ask for a better-quality picture or provide a better quality picture as we see fit.
Renters can request to book Items made available by Posters by making a request to the Poster through the Platform and including the requested “Booking Start Date” and “ Booking Completion Date ” and paying the applicable fees, including the rental fee charged by the Poster (“ Rental Fee ”). Once confirmed by the Poster, incuman with notifying Renter that the Booking is confirmed.
On the Booking Start Date, Posters and Renters are required to be at the agreed upon location to deliver the Item to the Renter. Renters are responsible and liable for the Item during the Booking and must treat the Item with care and respect. Renter will be liable to cover the costs of damage or replacement of any damages or loss of the Item during the Booking, as well as any damages associated with failing to return the Item on time. Upon return to the Poster at the agreed upon location. The poster will inspect the Item to ensure it is in the same condition that it was when it was delivered to Renter. After the inspection, a cleaning fee may be a result depending on the item and the Poster’s additional fees.
incuman has insurance through a third-party insurer that covers eligible Items of Posters located in eligible jurisdictions. The details of the insurance policy are located at third party portals website.
A Poster may choose to opt out of the insurance coverage, provided that the Poster assumes all risk associated with renting its Item through the Platform. The cost of the insurance coverage may or may not be included in incuman’s standard service fees. However, Posters who opt out of the insurance may be eligible for a discount on the service fee..
For covered Items, the third-party insurer will indemnify and hold harmless the Poster for any deductible to be paid in association with a valid claim under the insurance policy. In order to make a claim under the insurance, the Poster must submit a claim to the third-party insurer within 24 hours of the Booking ending and file a police report if requested by the third-party insurer.
In the event of any inconsistency between these Terms and the Insurance Policy, the terms of the Insurance Policy will prevail solely to the extent of any inconsistency.
Once a Poster has accepted a request to book an Item from a Renter and the Booking is confirmed, the Posted and Renter will be required to execute a Rental Agreement in respect of the Booking. These Terms shall form part of the Rental Agreement.
In order to use Services as a Poster or Renter, you must register for an account (your “Account”). You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (“ Registration Data ”); (b) maintain the security of your password, and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
incuman makes the Services available in certain cities, as stated on our Platform (“ Eligible Locations ”). In order to register for an Account, you must be located in an Eligible Location and you must be at least 18 years old. incuman reserves the right to amend its eligibility criteria at any time.
If you register for an Account or use the Services on behalf of any organization, entity or third-party, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
Registered Users are required to provide valid credit card information, direct deposit information or other acceptable payment information to register (collectively known as “Billing Information”), which will be provided to incuman’s third-party payment processor (“Payment Processor”) and used for payment of fees and payouts under these Terms and remittance of payment for Platform transactions. Users shall promptly advise incuman if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay fees caused by out-of-date Billing Information.
If you interact with the incuman Platform in any way or create an Account, you do so at your own risk and understanding of our Terms of Service. incuman is not and will not be responsible for any actions by another user, individual, business, association, entity, or group that may physically, financially, verbally, digitally harm or distress you in any way. We use commercially reasonable efforts to provide an honest, safe, and trustworthy community but cannot be responsible for the actions of third parties.
Unless expressly indicated otherwise, incuman will not be responsible or any damages, theft, or destruction of items booked through the Platform and any losses arising from the use of the Platform will not be compensated or reimbursed by Meetincuman Inc.
We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on incuman. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact through the Platform. We do not endorse any persons who use or register for our Services. However, incuman reserves the right (but is not obligated to) verify the identity of Users as well as the availability and fitness of Items listed for rent by Posters.
incuman INC IS NOT RESPONSIBLE FOR ANY FALSE OR MISLEADING INFORMATION ON THE WEBSITE OR PLATFORM AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE PLATFORM OR INFORMATION PROVIDED ON THE PLATFORM.
USE OF ANY ITEMS RENTED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEY HAVE ADEQUATE KNOW-HOW, TRAINING, SKILLS AND ABILITIES TO USE ANY ITEM, INCLUDING OBTAINING AND REVIEWING MANUFACTURER INSTRUCTIONS AND SAFE HANDLING GUIDES. incuman WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, DAMAGES (INCLUDING DAMAGES TO INDIVIDUALS OR PERSONAL PROPERTY OR DEATH) ARISING FROM USE OF ANY ITEM.
There are no fees to register for the incuman Services. However, incuman charges fees for each transaction made through the Platform (“Transaction Fees”). In particular, incuman charges Posters a fee for each completed transaction, which fee is displayed to the Poster at the time that Poster lists his or her Item. incuman charges a Renters a processing fee for each item that has a deposit, which fee is displayed to the Renter at the time that Renter is at the checkout for a Booking. If you rent out an Item as a Poster or rent an Item as a Renter, you agree to pay all Transaction Fees described herein or otherwise quoted to you at the time of the transaction.
Transaction Fees and any other fees for purchases made through the Platform are subject to applicable taxes which will be determined by incuman and added to the respective fees. incuman is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with the Poster’s services rendered or income earned through the Platform (“Poster Taxes”). Posters are solely liable for calculating, reporting, remitting and withholding any taxes associated with Poster’s services rendered through the incuman Platform and agrees to indemnify and hold harmless incuman for any taxes
In order for a Renter to confirm a Booking, the Renter must pay 50% of the total booking fees at the time of Booking (“Booking Deposit”). The remaining balance will automatically be charged to Renter’s Billing Information five (5) days before the Booking Start Date. The Booking Deposit and balance will be held by incuman for the duration of the Booking. If the Billing Information is denied or the payment otherwise fails, incuman will automatically attempt to re-process the payment until it is successful, or the Booking is canceled. If the Booking Start Date is less than five (5) days away from the date that Renter requests to make the Booking, Renter will be required to pay 100% of the total Booking fees to confirm and reserve the Item(s). Both the Renter and the Poster agree to allow incuman hold the funds from the time of the first payment to the date that the Booking is marked as completed or a dispute has reached a resolution.
The poster may have the option to require Renter pay a damage deposit (“ Damage Deposit ”) which will be collected and held by incuman for the duration of the Booking. If Poster requires a Damage Deposit, this must be paid at the same time as the applicable Booking Fees. If the equipment is damaged, lost or stolen during the Booking, the Renter will immediately forfeit the Damage Deposit and incuman will pay Poster the amount of the Damage Deposit, provided that Poster submits an “Issue” on the Platform to incuman within 24 hours of the Booking ending and files a police report if requested by incuman. The poster will not be entitled to any other compensation from incuman or Renter. In cases where a deposit is required both the Poster and the Renter pay an additional processing fee.
incuman will release the Rental Fees owed to the Poster (the total Booking Fees less the incuman Service Fee and any other applicable taxes and fees) at the time that the Booking is marked as Complete. Depending on the Poster’s bank, it may take a few business days for the funds to be deposited to Poster’s Billing Information.
If there is an “Issue” requested within 48 hours of the Booking Completion Date, the funds will not be released to the Poster until the Issue has reached a resolution. incuman has the right to determine, in its sole discretion, how to resolve an Issue, including:
incuman does not offer any refunds in respect of Transaction Fees. Some Poster’s may offer refunds in accordance with our Cancellation Policy. Renters must review the Poster’s cancellation terms at the time of requesting a booking to determine the Poster’s cancellation policy.
Renters are liable for all Booking Fees and are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. A chargeback is usually issued when a customer disputes a charge that appears on their credit card statement. A chargeback may result in the reversal of a transaction. When a chargeback is issued, Renter is immediately liable to incuman for the full amount of payment of the chargeback plus any associated fees, fines, expenses or penalties. You agree that we may recover these amounts by means of any Billing Information or another bank account you have provided to incuman or by way of set-off of any amounts owed by incuman to you. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.
In the event that an item is not returned on the booking’s end date and time, the renter will be charged 3x the daily rate of the item for each day it is not returned. If the item is not returned within 4 days it will be escalated to the appropriate authorities and with a description of your personal information.
Subject to your compliance with these Terms and your payment of any fees owed hereunder, DhanRhak Investments Inc grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform, and the Services, and (b) download, install and use one copy of the App, if available, on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the incuman names, trademarks, logos or other distinctive brand features without our prior written consent.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “incuman Content”), and all intellectual property rights related thereto, are the exclusive property of incuman and its licensors. Use of the incuman Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place incuman under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
incuman does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the incuman Website, App or Service, including but not limited Item descriptions, photos, graphics, designs, drawings, electronic documents and comments (“User Content”). However, by using the Website, App and/or Services, you grant incuman a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, App and Services.
Users are strictly prohibited from using the Platform and Services to infringe the intellectual property rights of others. If you believe your copyright has been infringed, please provide incuman with the following information and incuman will forward your notice to the User:.
Notices must be sent to email@example.com. incuman has an obligation under Canadian copyright law to forward any notice that complies with Copyright Act.
incuman may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the incuman Website and the Services only for purposes as permitted by these Terms. incuman reserves the right to modify or impose any limitations on the use.
In using the Services as a Poster or Renter, you agree to comply with all Booking procedures and use best efforts to provide an enjoyable and safe experience for other Users. Moreover, you agree that you will not:
Renters further agree to the following conditions in respect of any Booking:
You agree to defend, indemnify and hold incuman, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons to whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
incuman may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to:
At any time a User may terminate an Account, provided that all amounts owed to other Users and incuman have been paid.
You acknowledge and agree that the Website and Platform may contain advertisements from both other Users and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that incuman shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
incuman uses third-party integrations to make available the Platform and Services. We cannot control how third parties conduct their business or what happens to their business or network. We cannot and will not be responsible or liable for any breaches or outages to their network, software, or any technology that they use in connection with incuman.
incuman does not guarantee that the Service or any particular functionality will be available to Users at all times. incuman reserves the right to alter, suspend, or discontinue the Website, Platform or Services any time we see necessary without any formal notice. The Platform may be unresponsive for maintenance and security updates or changes. To optimize your User experience, we advise you to always have the most up to date version of the Application. Using an older version may cause you to have a poor experience because it is not supported by new features or new technology implemented in the Platform. incuman will not be reasonable for any cellular data overages on your smartphone or tablet.
UNDER NO CIRCUMSTANCES SHALL incuman BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE incuman WEBSITE, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE incuman WEBSITE, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS TO WHOM YOU SEND OR TRANSMIT ANY CONTENT USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, incuman’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) AMOUNTS YOU’VE PAID incuman IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE WEBSITE, PLATFORM, SERVICES, AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. incuman SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND RELATING TO THE incuman WEBSITE, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM incuman OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
In the event that you and incuman or you and another user end up in a legal dispute that goes to court, you agree that the unsuccessful party to the dispute shall be responsible for paying all of the other party’s legal fees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
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