LINFORTH SOLUTIONS INC. (DBA BONAQUIP)
TERMS OF USE
Effective Date: July 18, 2024
Each person intending to post or posting equipment for rent (“Merchant”) and each person intending to rent or renting equipment through the Website (defined hereinafter) (“Customer”) shall fully read the terms and conditions set out in this agreement (“Terms of Use”) prior to using our Website or any other website or application(s) owned or operated by Linforth Solutions Inc.’s (“us”, “we”, “our”, or the “Company”) (collectively, the “Website”) as the Terms of Use set out the rules, procedures and other terms regarding the access and/or use of the Website or how the Merchant, Customer or any other person(s) (“Others”) interact with the Website.
You represent and warrant to the Company that you are at least 19 years of age and that you have the capacity to review and agree to the Terms of Use. The Website is intended for use by person(s) 19 years of age or older and residing in Canada.
You acknowledge and agree that the Company does not represent or act for any Merchant. Each person visiting or using our Website is encouraged to obtain independent legal advice.
The terms “you,” “your,” “user,” and “users,” refer to all individuals and/or entities accessing the Website for any reason.
You hereby accept and agree to be bound by the Terms of Use, including any modifications to the Terms of Use in the future, by accessing and/or using our Website. We may, at our sole discretion, modify the Terms of Use at any time and any such modification will be effective upon posting upon our Website, or, if required by the applicable law, by email notification to you. Your use of the Website following any modification and posting on our Website of the Terms of Use constitutes your acceptance of and agreement to be legally bound by the modified Terms of Use. You acknowledge and agree that all equipment you intend to rent or rent will be subject to these Terms of Use or with such modified Terms of Use.
We strongly suggest that you review the Terms of Use on a regular basis. If you do not agree to the Terms of Use or our Privacy Policy, then do not use our Website.
You acknowledge and agree that you shall use the Website in a manner consistent with any and all applicable laws, rules, and regulations.
If we deliver a document to you that conflicts with the Terms of Use, then to the extent of the conflict, the terms of such document shall prevail.
Any material, including but not limited to the Company’s logos, graphics, art, software, user interfaces, written material, text, images, photographs, videos, designs, tradenames and trademarks belonging to the Company, or other materials (“Materials”) on our Website are protected by applicable Canadian intellectual property law, including but not limited to copyright and trademark law. All such rights existing at law belong to the Company.
You acknowledge and agree that you shall not copy, reproduce, republish, download or post any of the Materials.
Your use of any of the Materials which has not been expressly permitted by this Terms of Use constitutes a breach of these Terms of Use and may violate applicable laws.
While you comply with this Terms of Use, we grant you a non-exclusive limited, non-transferable license to use the Website. You shall not rent, sell, modify, assign your rights as set out herein to, or sublicense any Materials or the Website.
You shall not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of, sell, rent, record, the Website or any part thereof. If you attempt to do any or all of the foregoing or succeed in doing so, you will be in breach of this Terms of Use. If you violate any part of this Terms of Use, your permission to access or use the Website automatically terminates.
You shall not use the Website for any purpose that is prohibited by this Terms of Use or is otherwise illegal. You shall not use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You shall not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
The Company reserves the right, in its sole discretion, to terminate your access to the Website at any time and for any reason or for no reason at all, without prior notice or any notice.
You acknowledge and agree that all text, information, images, photographs or other materials you submit (“User Materials”), post or display on or through the Website are your sole responsibility. The Company is not the owner nor does the Company control the User Materials. You provide the Company a worldwide, non-exclusive, royalty-free license to publish, display, post, distribute, reproduce and otherwise use the User Materials as part of or ancillary to the services provided by the Company, such as advertising. If you stop using the Website, then the Company will cease to use the User Materials within a reasonable period of them therefrom. The Company does not endorse or confirm the accuracy of the User Materials.
The Company may, in its sole discretion, accept, deny, post, display, or remove any User Materials at any time, such as any User Materials that contravenes this Terms of Use, is offensive or disruptive, may be illegal, or may harm the reputation of the Company.
If the Company suspects a violation of this Terms of Use, the Company may investigate any potential violation of this Terms of Use, and the Company may take any steps reasonably necessary, such as informing law enforcement agencies having applicable jurisdiction.
Prior to renting any equipment, you will create either: a) an account to rent equipment to customers (“Merchant Account”); or b) an account to rent equipment from a (“Customer Account”), as applicable.
It is your responsibility to safeguard your username and password, and your responsibility to notify the Company in writing at support@bonaquip.ca if there is any unauthorized access to your account.
You acknowledge and agree that certain personal information about you, as set out in our Privacy Policy, will be collected by us and/or our service providers (as more specifically set out in our Privacy Policy). For example, you will submit certain personal information such as your name and financial information to our Website to use our services. You agree to provide the Company with your full and accurate information, including billing information. Prior to using our Website, you represent and warrant that you have fully read our Privacy Policy (https://bonaquip.com) and consent to the collection, use and other terms set out therein. We suggest reviewing our Privacy Policy regularly as the terms set out in our Privacy Policy may change from time to time.
The Company may store any information collected from you in Canada or in the United States of America, and you hereby consent to the storage of your information in either or both countries.
The Company will take reasonable steps to safeguard your personal information. However, the Company does not accept any responsibility for persons gaining unauthorized access to your personal information. The Company makes no warranty, express or implied, that the Company will prevent unauthorized access to your personal information. The Company and its Affiliates will not be liable for any damages arising from or connected with a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other liability.
By providing the Company with an email address and/or phone number, you hereby consent and agree that the Company and its service providers may contact you through same.
Marketing Subscription
You agree that by creating a Merchant Account, you subscribe to our marketing emails. If you would like to unsubscribe, please email [marketing@bonaquip.ca] and include your full name and email address.
Text Messages Subscription
By providing your phone number to the Company, you hereby consent to the Company, its Affiliates, agents and service providers contacting you regarding the services provided by the Company, your Merchant Account, or to collect amounts owed to the Company or Merchant(s). If you would like to unsubscribe, please email [support@bonaquip.ca] and include your full name and email address or reply to the text message with the message ‘STOP’.
You may incur standard text message rates and fees from your telephone service provider.
You acknowledge and agree that by renting any equipment through the Website, you agree to the Rental Terms of Use (LINK) or any amendment thereto which may take place from time to time.
The Company uses Stripe, Inc. (“Stripe”). as its payment processor. We strongly encourage you to read Stripe’s privacy policy and terms of use that may be found here: https://stripe.com/en-ca/privacy.
Only major credit cards may be used to process payments through our Website, such as Visa and Mastercard. We do not accept cash, checks, PayPal or other payment forms.
You agree that you will pay all fees and charges incurred in connection with your purchases and rentals, including but not limited to additional service fees, delivery fee(s) and applicable taxes. You agree that the Company will withhold the applicable taxes and transfer them to the Merchant for payment.
You acknowledge and agree that the Company is not responsible to pay any amount billed to you by a third party. If any unauthorized amount is billed to your credit card by a third party, you will pay all such amounts.
You acknowledge and agree that by using the Website , you will indemnify, defend and hold harmless the Company, and its director(s), officer(s), employees, agents, and Affiliates from and against all claims, proceedings, suits, actions, damages, liabilities, and costs, including legal fees on a client and solicitor basis, arising from or related to your use of the Website, a breach of this Terms of Use, or the provision of services by the Company.
The Website, content thereon, images, graphics, information, services provided by the Company, and images are provided ‘as is’ without any express or implied warranty of any kind. The Company expressly disclaims all warranties or conditions, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and freedom from viruses, bugs or errors.
The Company, its directors, officers, employees, agents or its affiliates will not be liable for any damage, whether consequential, incidental, direct, indirect, special, punitive or other damage, including without limitation, loss of business profits, business interruption, loss of information or other pecuniary loss, arising from the use of, inability to use, or delay of the Website or the services, or otherwise arising out of the use of the Website or services delivered by the Company whether based on contract, tort (INCLUDING NEGLIGENCE), strict liability or otherwise.
Notwithstanding any other term of this Terms of Use, you acknowledge and agree that the maximum liability that the Company will have is limited to the amounts paid to the Company in connection with the use of the Website by you or the service(s) delivered by the Company to you.
The Website may contain links to the websites of third-party companies, and such websites are provided to you as reference only. You acknowledge and agree that the Company does not operate or control the information, services or products provided by such third parties. We strongly encourage you to fully read and ensure you agree to each third-party company’s privacy policy before using their products or services or providing information to them. You agree that you accept sole responsibility for your use of any such third party company’s website, products or services.
This Terms of Use will be governed by and construed under, the laws of the Province of British Columbia.
In the event that any portion of this Terms of Use is held to be unenforceable, the un…
The Terms of Use constitute the entire understanding and agreement between you and the Company with respect to your use of the Website. There are no covenants, representations, warranties or agreements other than those contained or specifically preserved under this Terms of Use.
No failure or delay by a party in exercising any right under this Terms of Use will constitute a waiver of that right.
This Terms of Use will be binding on the heirs, executors, administrators, successors, representatives and permitted assigns of the Parties.
The singular of any term includes the plural and vice versa as the context requires.