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Terms of Service


Definition of Parties

  1. Lendus: Lendus Ltd., herein referred to as "Lendus", "Platform", "We", "Us", or "Our", is an online rental marketplace platform that acts as a digital intermediary, facilitating the listing, discovery, and rental of assets between individuals and/or businesses. Lendus is not a direct participant in the rental agreements made between users of the platform and operates solely as a service provider. Our services may include listing management, transaction processing, and dispute resolution facilitation, among others. It is important to note that Lendus does not own, inspect, or guarantee the assets listed by Lessors on the Platform.

  2. Lessor (Asset Provider): The individual or business entity that lists an asset for rent on the Lendus Platform is known as the "Lessor", "Asset Owner", or "Rental Provider". The Lessor is responsible for the accuracy, legality, and completeness of their asset listings. This responsibility includes providing detailed descriptions, condition reports, and ensuring compliance with all applicable laws and regulations. The Lessor must have the legal right or ownership of the asset they offer for rent and is accountable for setting the rental terms, maintaining the asset, and fulfilling all commitments outlined in the rental agreement with the Lessee. In instances where the Lessor acts as an agent or representative for another owner, this relationship must be disclosed, and the Lessor must have explicit authority to list and rent out the asset.

  3. Lessee (Asset User): An individual or business entity that engages in renting an asset listed on the Lendus Platform is referred to as the "Lessee", "Renter", or "Rental Receiver". The Lessee is obliged to agree to and adhere to the terms of the rental agreement as set forth by the Lessor. This includes responsibilities related to payment, usage, and the return of the asset in its agreed-upon condition. Lessees are expected to use the rented asset as intended and follow any restrictions or guidelines set by the Lessor or the Platform. If a Lessee intends to sublease or transfer the rented asset to a third party, they must obtain explicit consent from the Lessor and duly inform Lendus of such arrangements.


Nature of Lendus' Service

Lendus operates as an intermediary online rental marketplace platform, providing a venue for lessors (asset owners) and lessees (renters) to connect and engage in rental transactions. The core services of Lendus are outlined as follows:

  1. Platform Facilitation: Lendus provides a digital platform where lessors can list their assets for rent and lessees can browse and book these assets. The platform is designed to facilitate the discovery and rental of a wide range of assets, making it easier for users to engage in rental transactions.

  2. Listing Services: Lendus offers tools and resources for lessors to create, manage, and display their asset listings on the platform. This includes assistance in creating detailed and appealing listings to effectively showcase assets to potential renters.

  3. Transaction Processing: We facilitate the financial transactions involved in the rental process. This includes handling payments from lessees to lessors, ensuring a secure and efficient transfer of funds. This process is handled by our payment processing partner Stripe.

  4. Communication Tools: The platform provides communication channels that enable lessors and lessees to interact directly. These tools are designed to help users negotiate terms, coordinate rental logistics, and address any queries related to the rental process.

  5. Asset Management Tools: We help Lessors manage their rental assets on the platform by providing data and statistics about their assets based on the data we have available on the platform.

  6. Dispute Resolution Assistance: In the event of disagreements or disputes between lessors and lessees, Lendus may offer assistance in resolving these issues. However, Lendus' role is limited to that of a facilitator, and the platform does not assume legal liability in such disputes.

  7. User Support and Resources: Lendus provides customer support and resources to assist users in navigating the platform, understanding the rental process, and addressing any platform-related issues they might encounter.

Lendus emphasizes that while it facilitates rental transactions by providing the platform and related services, it does not partake in or bear responsibility for the individual rental agreements formed between lessors and lessees. The platform acts solely as a venue for users to connect and transact, and therefore, Lendus is not liable for the actions of users, the condition of rented assets, or the specifics of rental transactions.

Lendus emphasizes that while it facilitates rental transactions by providing the platform and related services, it does not partake in or bear responsibility for the individual rental agreements formed between lessors and lessees. Additionally, it is essential to note that the policies, terms, and conditions set forth by Lendus supersede any conflicting terms or agreements set between the lessor and lessee in their individual rental agreements. In instances where there is a discrepancy or conflict between the rental agreement terms established by lessors and lessees and the policies or agreements of Lendus, the terms provided by Lendus will take precedence. This policy ensures a standardized and controlled environment on our platform, upholding the integrity and operational guidelines of Lendus. Users of the platform are expected to adhere to all Lendus policies, terms, and conditions as a primary requirement of using our services. The platform acts solely as a venue for users to connect and transact, and therefore, Lendus is not liable for the actions of users, the condition of rented assets, or the specifics of rental transactions.


Disclaimer of Liability

Lendus provides the online rental marketplace platform as a venue for lessors and lessees to connect and conduct rental transactions. It is important for users of the platform to understand and acknowledge the following disclaimers:

  1. Non-Participation in Transactions: Lendus is not a party to the rental agreements or transactions that take place between lessors and lessees on its platform. As such, Lendus does not have control over, nor does it assume any responsibility for, the quality, safety, legality, or any other aspect of the assets listed or rented through its platform.

  2. No Liability for User Conduct: Lendus is not liable for the actions or omissions of any user of the platform, whether they are lessors or lessees. This includes, but is not limited to, issues pertaining to the condition of the rented assets, the compliance of users with their rental agreements, and any direct or indirect consequences of actions taken by users of the platform.

  3. No Warranty: Lendus provides the platform 'as is' and without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Lendus does not guarantee uninterrupted or error-free service and does not warrant the accuracy, reliability, or timeliness of any information obtained through the platform.

  4. Data Loss Disclaimer: Lendus is not responsible for the loss, deletion, or misuse of user data stored on the platform, including but not limited to deleted listings, asset data, order and payment information, and other user-generated content. Users are encouraged to maintain their own records and backups of important information.

  5. Third-Party Claims: Lendus shall not be liable for any claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, arising out of or related to the conduct of users, or the rental or use of assets listed on the platform. Users agree to indemnify and hold Lendus harmless from such claims.

  6. Limitation of Damages: In no event shall Lendus be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the use or inability to use the Lendus platform; (b) access to or alteration of user communications or content; or (c) conduct or content of any third party on the platform.

By using the Lendus platform, all users acknowledge and agree to these disclaimers of liability. It is the responsibility of the users to conduct their own due diligence and exercise caution in their interactions and transactions on the platform.


Indemnification Clause

  1. User Indemnification Obligations: Each user of the Lendus platform, whether acting as a lessor or lessee, agrees to indemnify, defend, and hold harmless Lendus, its affiliates, officers, agents, employees, and partners (collectively, the "Indemnified Parties") from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the following:

    • (a) Their access to, use of, or alleged use of the Lendus platform;
    • (b) Their breach or alleged breach of this agreement or any representation, warranty, or covenants contained herein;
    • (c) Their violation of any applicable law or regulation or the rights of any third party, including but not limited to intellectual property, privacy, or publicity rights;
    • (d) The assets they list, rent, or use through the Lendus platform, including but not limited to the condition, rental, operation, or use of such assets;
    • (e) Any disputes or issues between users of the Lendus platform, including those between lessors and lessees;
    • (f) Any misrepresentation made by the user in connection with their use of the platform;
    • (g) Any harm, injury, or loss suffered by third parties as a result of the user's actions related to the use of the Lendus platform, including any property damage or personal injury caused by rented assets.
  2. Scope of Indemnification: The indemnification obligations herein shall cover any liability or expense arising from all claims, losses, damages, judgments, fines, litigation costs, and attorneys' fees.

  3. Notification and Cooperation: Lendus shall promptly notify the user of any claim that falls under this indemnification. The user shall cooperate fully in the defense of any such claim and may, at their own expense, assume the exclusive defense and control of any matter subject to indemnification by them. However, they shall not enter into any settlement or legal agreement that affects the rights or obligations of Lendus without Lendus's prior written approval.

  4. Continuation Post-Termination: This indemnification provision shall survive the termination or expiration of the user's use of the Lendus platform and this agreement.

  5. Limitation: This indemnification does not extend to any claims or liabilities resulting from Lendus's own gross negligence or willful misconduct.


Dispute Resolution Clause

  1. Dispute Resolution Process: In the event of a dispute arising between users (lessors and lessees) on the Lendus platform, Lendus shall provide a mechanism for dispute resolution. This process is designed to address and resolve conflicts in a fair, efficient, and timely manner. Users are required to participate in this process in good faith.

  2. Initiation of Dispute Resolution: A user wishing to raise a dispute must submit a detailed account of the issue to Lendus, including any relevant documentation or evidence. Lendus will review the submission and may request additional information from either or both parties involved in the dispute.

  3. Lendus's Role: Lendus will act as an impartial mediator in disputes. Our responsibility includes reviewing the information provided by both parties, investigating the circumstances of the dispute, and making a determination based on the information available. This determination is aimed at achieving a fair resolution based on the policies and guidelines of the platform.

  4. Final Decision: The outcome of the dispute resolution process is at the sole discretion of Lendus. Our decision will be final and binding on all parties involved in the dispute. Users agree to abide by Lendus's decision and acknowledge that Lendus's decision is conclusive.

  5. Resolution Timeframe: Lendus is committed to resolving disputes in a timely manner. However, the time required to resolve a dispute may vary based on the complexity of the issue and the responsiveness of the parties involved.

  6. Limitations: Dispute resolution by Lendus is limited to issues directly related to the use of the Lendus platform and transactions conducted through it. Lendus is not responsible for resolving disputes arising from actions or circumstances outside the scope of the platform.

  7. Alternative Legal Remedies: Nothing in this clause shall prevent any party from seeking legal remedies outside of the Lendus platform. Users retain the right to pursue legal action through appropriate channels if deemed necessary.


Terms of Use and Rental Agreement

  1. Acceptance of Terms:

    • By accessing or using the Lendus platform, users acknowledge that they have read, understood, and agree to be bound by these terms. These terms govern the access to and use of the Lendus platform, including any content, functionality, and services offered.
  2. User Eligibility:

    • The platform is intended for use only by individuals who are at least 18 years of age and capable of forming legally binding contracts under applicable law. By using the platform, users represent and warrant that they meet these eligibility requirements.
  3. Account Registration and Responsibility:

    • Users must register for an account to access certain features of the platform. Users agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
    • Users are responsible for safeguarding their password and account and are liable for any activities or actions under their account, whether their password is with Lendus or a third-party service.
  4. Listing Standards:

    • Lessors must ensure their listings accurately and comprehensively describe the asset being offered, including its condition, features, availability, and any rules or restrictions related to its use.
    • Listings should also include clear information on pricing, including any security deposits, cleaning fees, or other charges.
    • Lendus reserves the right to delete or remove any listings at its discretion that contain inappropriate content, fail to align with our service offerings, or are deemed to potentially harm the image or reputation of Lendus. This includes, but is not limited to, listings that feature illegal items, promote discriminatory practices, or otherwise violate our community standards and terms of use.
  5. Prohibited Activities:

    • Users are prohibited from engaging in illegal activities, fraud, harassment, spamming, infringing on others' rights, posting false, inaccurate, or misleading content, and any other activities that Lendus deems inappropriate or harmful.
  6. Content Standards and Intellectual Property:

    • Users must ensure that they have the right to post any content on the platform and that their content does not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party or other users of the platform.
    • Lendus reserves the right to remove any content that violates these standards.
  7. Payment and Financial Terms:

    • All financial transactions must be processed through Lendus's approved payment methods. Lendus outlines the terms for payment processing, cancellations, refunds, and any applicable fees.
  8. Insurance and Liability:

    • Lendus recommends that lessors and lessees obtain appropriate insurance coverage for rental transactions. The platform may provide guidelines on recommended types and amounts of insurance.
  9. Dispute Resolution:

    • In the event of a dispute, users agree to follow the dispute resolution process outlined by Lendus. This includes timely notification of disputes, cooperation in the resolution process, and adherence to the final decision made by Lendus.
  10. Termination and Suspension of Accounts:

    • Lendus reserves the right to suspend or terminate a user's account for violations of these terms, illegal activities, or other actions deemed harmful to the platform. Users may appeal such decisions through the contact mechanisms provided by Lendus.
  11. Changes to Terms of Use:

    • Lendus reserves the right to modify these terms at any time. Users will be notified of any changes through the platform's communication channels or via email. Continued use of the platform after any such changes constitutes acceptance of the new terms.
  12. Indemnification and Limitation of Liability:

    • Users agree to indemnify and hold harmless Lendus, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the users' use of the platform, violation of these terms, or infringement of any intellectual property or other rights of any person or entity.
    • Lendus's liability in connection with the platform, under any cause of action or theory, is limited to the amount paid by the user to Lendus, if any, for the use of the platform during the 12 months prior to the cause of action arising.
  13. Governing Law and Jurisdiction:

    • These terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the jurisdiction in which Lendus is registered, without regard to its conflict of law provisions.
    • Users agree to submit to the personal jurisdiction of the courts located within this jurisdiction for the purpose of litigating all such disputes.
  14. Miscellaneous Provisions:

    • Severability: If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
    • Waiver: Any failure by Lendus to enforce any right or provision of these terms will not be considered a waiver of those rights.
    • Assignment: Users may not assign or transfer these terms, by operation of law or otherwise, without Lendus's prior written consent. Lendus may assign or transfer these terms at its discretion.
    • Entire Agreement: These terms constitute the entire agreement between the user and Lendus regarding the platform and supersede and replace any prior agreements the user might have with Lendus regarding the platform.

Termination and Consequences of Breach

  1. Right to Terminate:

    • Lendus reserves the right to terminate or suspend a user's account and access to the platform at any time, without notice, for any reason, including but not limited to breach of these terms, conducting prohibited activities, or engaging in behavior that is harmful to other users, to Lendus, or to the platform's reputation.
  2. Consequences of Breach:

    • Breach of any of the terms and conditions set forth in this agreement may result in immediate termination of the user's account and access to Lendus's services. Depending on the severity of the breach, Lendus may also take legal action against the offending user, seek damages, and/or report the user to law enforcement authorities if illegal activities are involved.
  3. Notification of Termination:

    • When feasible, Lendus will provide the user with notice of the termination of their account, along with the reasons for such termination. Lendus is not obligated to provide a notice in all cases, particularly if the breach poses a serious threat to the platform or its users.
  4. User's Obligations Upon Termination:

    • Upon termination, the user must cease all use of the platform and its services. The user is also responsible for completing any outstanding financial obligations to other users or to Lendus incurred before the termination.
  5. Appeal Process:

    • Users have the right to appeal a termination decision by contacting Lendus within a specified period after their account has been terminated. The appeal must include a detailed explanation of why the termination decision should be reversed. Lendus will review the appeal and make a final determination at its discretion.
  6. Effect of Termination on Agreements:

    • Termination of a user's account will not affect any rental agreements or obligations entered into prior to termination. Users are expected to fulfill their commitments under these agreements unless mutually agreed upon otherwise.
  7. Survival:

    • Certain provisions of these terms shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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