PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS ALSO INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
The Site, Application and Services comprise a technology platform through which Vendors may create, or contribute to, Listings for Equipment to rent, and Clients may learn about and book such Equipment, directly or indirectly, from Vendors. YOU UNDERSTAND AND AGREE THAT HANDYQUIP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS AND CLIENTS, NOR IS HANDYQUIP AN EQUIPMENT MANUFACTURER, EQUIPMENT DISTRIBUTOR, INSURER, MEDICAL ENTITY, HEALTHCARE ENTITY, HEALTHCARE PROVIDER, ACCOUNTABLE CARE ORGANIZATION, PLAN, OR HEALTH BENEFITS INSURER. HANDYQUIP HAS NO CONTROL OVER THE CONDUCT OF VENDORS, CLIENTS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR OVER ANY EQUIPMENT, AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The following capitalized terms shall have the following meanings:
"Booking" means the reservation of and applicable payment of Equipment via the Site, Application or Services.
"Cancellation Period" means the time period during which Clients or Vendors may cancel a confirmed Booking.
"Client" means a Member who requests a Booking of Equipment from a Vendor via the Site, Application or Services, or a Member who is a user of Equipment booked via the Site, Application or Services and is not the Vendor for such Equipment.
"Collective Content" means Member Content and HandyQuip Content.
"Confirmed Booking" means a Booking that has been accepted by a Client and a Vendor, which may rely on automatic systems and methods.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"HandyQuip Content" means all Content that HandyQuip makes available through the Site, Application or Services. It includes any Content licensed from a third party, but excludes Member Content.
"Invitee" means a person invited by a Client to use, manipulate, transport, or maintain Equipment.
"Listing" means Equipment that is listed by a Vendor for Booking via the Site, Application or Services.
"Member" means a person who has registered for a HandyQuip account, including, but not limited to, Clients and Vendors.
"Member Content" means all Content that a Member makes available through the Site, Application or Services by posting, uploading, publishing, submitting, transmitting, or including in his or her Listing, or his or her Member profile.
"Vendor" means a Member who creates a Listing via the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), fees that Vendors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal, and national withholdings.
Terms of Service
Terms and conditions may vary across the Site, Application or Services (and your access to or use of certain aspects of the Services or Collective Content), and may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions specific to certain areas of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
HandyQuip reserves the right, in its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application, or otherwise provide you with notice of the said modification. We will also update the "Last Updated" date at the top of these Terms. If we let you know of modifications through an email communication, then the date on which we sent the email will be deemed to be the date of your receipt of that email. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 (minor) is expressly prohibited. By accessing or using the Site, Application or Services, you represent and warrant that you are 18 or older.
Overview of the Site, Application and Services
HandyQuip provides a technology platform for Clients and Vendors to connect online and arrange for Bookings of Equipment with each other, either directly or indirectly. HandyQuip is not a provider of medical, healthcare, insurance, transportation, lodging, or travel services. HandyQuip does not own, rent, re-rent, sell, re-sell, deliver, inspect, maintain, sanitize, refurbish, manage and/or control Equipment. Unless explicitly specified otherwise, HandyQuip's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services, and (ii) serving as the limited payment collection agent of each Vendor for the purpose of accepting payments from Clients on behalf of the Vendors.
We reserve complete and sole discretion with respect to the operation of the Site, Application and Services. Our operating procedures may include, but not limited to: (i) withdrawing, suspending or discontinuing any functionality or feature of the Site, Application or Services, (ii) reviewing Member Content, and (iii) authorizing restrictions on access thereto.
HANDYQUIP CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SUITABILITY, OR SAFETY OF ANY EQUIPMENT SUBJECT TO BOOKINGS. HANDYQUIP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOOKINGS, AND EQUIPMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE CLIENT'S OWN RISK.
In order to access certain features of the Site, Application or Services, and to create a Listing, you are required to register by creating an account ("HandyQuip Account") and becoming a Member. You may register to join the Services directly via the Site or Application, or as described in this section.
You can also register by logging into your account with certain third-party social networking sites (collectively, the "SNS") (including, but not limited to, Facebook, Google; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your HandyQuip Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to HandyQuip through the Site, Services or Application; or (ii) allowing HandyQuip to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to HandyQuip and/or grant HandyQuip access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating HandyQuip to pay any fees or making HandyQuip subject to any usage limitations imposed by such third-party service providers. By granting HandyQuip access to any Third-Party Accounts, you understand that HandyQuip will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your HandyQuip Account and HandyQuip Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your HandyQuip Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or HandyQuip's access to such Third-Party Account is terminated by the Third-Party Service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your HandyQuip Account and your Third-Party Accounts, at any time, by accessing the "Account Settings" section of the Site and Application. Please note that your relationship with the Third-Party Service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party Service providers. HandyQuip makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement, and HandyQuip is not responsible for any SNS Content.
We will create your HandyQuip Account and your HandyQuip Account profile based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HandyQuip Account at any given time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your HandyQuip Account and your access to the Site, Application and Services if you create more than one (1) HandyQuip Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are solely responsible for managing your HandyQuip Account, and for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HandyQuip Account, whether or not you have authorized such activities or actions. You will immediately notify HandyQuip of any unauthorized use of your HandyQuip Account.
In the event that we terminate your HandyQuip Account, you understand and agree that you may not re-register or register under a new account unless we send you notice and formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Site, Application or Services, or in connection with your HandyQuip Account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site, Application or Services.
By creating a HandyQuip Account, you, as a Member, expressly consent and agree to accept and receive communications we may need to send you via, including, but not limited to, emails, text messages, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by HandyQuip, you understand and agree that you may receive automated SMS or MMS messages, or communications generated by automatic telephone dialing systems and/or communications containing prerecorded messages sent by or on behalf of HandyQuip, its Vendors, or Clients, including, but not limited to: Booking confirmations or notifications, communications concerning your HandyQuip Account or use of the Site, Application or Services, updates concerning new and existing features on the Site, Application or Services, communications concerning promotions run by us or our Vendors, and news concerning HandyQuip and industry developments. If you wish to opt-out of email, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you in each communication. You acknowledge that opting out of communications may lead to missed Bookings or other important notifications or updates, and may impact your use of the Site, Application or Services. You may also opt-out of communications at any time by emailing us. Standard text messaging charges applied by your cell phone carrier will apply to text messages sent by HandyQuip.
Listings by Vendors
As a Member, you may create or contribute to create Listings, for which you will be asked a variety of questions about the Equipment to be listed, including, but not limited to: category, brand, model, type, size, capacity, condition, features, availability, pricing, delivery, related rules, and financial terms. All Vendors must have a valid physical store address. Listings will be made publicly available via the Site, Application and Services. Other users and Members will be able to book your Equipment on the Site, Application or Services based upon the information provided in your Listing. You understand and agree that once a Client requests a Booking of your Equipment, you may not request the Client to pay a price higher than that originally stated in the Listing.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post or contribute to. Accordingly, you represent and warrant that any Listing you post or contribute to, and the Booking of, or a Client's use of, Equipment in a Listing you post or contribute to (i) will not breach any agreements you have entered into with any third parties, such as equipment manufacturers, equipment distributors, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Equipment included in any Listings you post or contribute to (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that HandyQuip assumes no responsibility for a Vendor's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. HandyQuip reserves the right, at any time and without prior notice, to remove or disable access to any Listings for any reason, including Listings that HandyQuip, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or HandyQuip's then-current Policies, or otherwise harmful to the Site, Application or Services.
In order to facilitate connections between Vendors and Clients, Listings may be generated automatically by the Site, Application or Services, on behalf of a Vendor, and based on the Vendor’s Content, by means of HandyQuip’s proprietary technology. Such automated Listings may result in Booking requests, some of which may in turn result in Booking confirmations by HandyQuip. You, as a Vendor, agree to honor any confirmed Bookings for your Equipment, whether generated automatically or not by HandyQuip, per the terms and conditions set forth in the "Bookings and Financial Terms" section.
If you are a Vendor, you understand and agree that HandyQuip does not act as an insurer or as your contracting agent. If a Client requests a Booking of your Equipment and uses your Equipment, any agreement you enter into with such Client is between you and the Client and HandyQuip is not a party to it. Notwithstanding the foregoing, HandyQuip serves as the limited authorized payment collection agent of the Vendor for the purpose of accepting, on behalf of the Vendor, payments from Clients of such amounts stipulated by the Vendor or HandyQuip on behalf of the Vendor (including other Fees and/or Taxes).
If you are a Vendor, HandyQuip makes certain tools and information available to you to help you make informed decisions about which Members you choose to provide with Equipment booked via the Site, Application or Services. You acknowledge and agree that, as a Vendor, you are responsible for your own acts and omissions, and are also responsible for the acts and omissions of any persons, associated to you or not, who provide Clients with Equipment on your behalf.
HandyQuip recommends that Vendors obtain appropriate insurance for their Equipment. Please review any insurance policy that you may have for your Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and any Invitees a Client may allow to use, manipulate, transport, or maintain your Equipment, if applicable) while using your Equipment.
HandyQuip may offer Vendors the option of having professional photographs taken of their Equipment to include in their Listings. If you, as a Vendor, choose to use a photographer, the photographs taken will have a watermark bearing the words "HandyQuip.com Verified Photo" or similar wording ("Verified Images"). You understand and agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listings. All images, materials and Content created by these photographers, including Verified Images, constitute HandyQuip Content, regardless of whether you include them in your Listing. You understand and agree that HandyQuip may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listings or otherwise, without further notice or compensation.
Covered Entities Under HIPAA, 42 C.F.R. § 160, et Seq.
HandyQuip does not endorse any Member or any Equipment. You understand that Verified Images are intended only to indicate a photographic representation of the Equipment at the time the photograph was taken. Verified Images are therefore not an endorsement by HandyQuip of any Member or any Equipment. Members are required by these Terms to provide accurate information, and although HandyQuip may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by HandyQuip about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact, interact with via the Site, Application or Services, or provide with Equipment. We therefore recommend that you always exercise due diligence and care when deciding whether to conduct transactions with a Vendor or to complete a Booking with a Client, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from HandyQuip with respect to such actions or omissions. This limitation shall not apply to any claim by a Vendor against HandyQuip regarding the remittance of payments received from a Client by HandyQuip on behalf of a Vendor, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
"Client Fees" means the fees that HandyQuip charges a Client for using the Services, which are calculated as a percentage of the applicable Equipment Fees. The Client Fees will be included in the price displayed to the Client when the Client is asked to request a Booking on the Site or Application.
"Delivery Fees" means the amounts that a Vendor charges a Client for delivering and/or picking up Equipment to and/or from the Client’s location specified in a Booking. Delivery Fees are calculated with delivery pricing models controlled by HandyQuip, which may be customized by Vendors.
"Equipment Fees" means the amounts that are due and payable by a Client in exchange for that Client's use of Equipment. The Vendor alone, and not HandyQuip, is responsible for the Equipment Fees for his or her Listing. The Vendor may in his or her sole discretion decide to include in these amounts (i) any fees permitted on the HandyQuip platform, or (ii) Taxes that the Vendor determines that he or she has to collect.
"Points" means the Client loyalty measure used by HandyQuip.
"Rewards" means the amounts by which a Client may reduce the balance due during a transaction.
"Rent-to-Own Price" means the total amount that a Client must have paid to own Equipment at the end of a rental.
"Round-Up Donations" means the amounts received by HandyQuip in payment of a confirmed Booking, net of Total Fees. Round-Up Donations have a value ranging from US $0.01 to US $1.00, and bring the final amount paid for a confirmed Booking to the next whole US dollar amount. For example, if a Client’s Total Fees equal US $X.37, HandyQuip may offer a donation opportunity amount for US $0.63. If a Client’s Total Fees are a whole US dollar amount (e.g. US $X.00), HandyQuip may offer a donation opportunity amount for US $1.00.
"Replacement Value" means the security deposit ("Security Deposit") amount, if applicable, that HandyQuip charges to a Client to compensate a Vendor if the Client fails to return the Equipment or returns the Equipment in a condition that the Vendor deems innacceptable.
"Service Fees" means collectively the Client Fees and the Vendor Fees.
"Total Fees" means collectively the Equipment Fees, the Delivery Fees, the Client Fees plus any Taxes in respect to these amounts.
"Vendor Fees" means the fees, if applicable, that HandyQuip charges a Vendor for using the Services, which is calculated as a percentage of the applicable Equipment Fees. The Vendor Fees will be displayed to the Vendor when a Booking is confirmed on the Site or Application.
Bookings and Financial Terms
Vendors and Clients
You, as a Vendor, not HandyQuip, are solely responsible for honoring any confirmed Bookings and providing any Equipment reserved through the Site, Application and Services. If you are a Vendor and a Booking is requested for your Equipment via the Site, Application or Services, your Booking will be confirmed or rejected by HandyQuip, which may involve automatic systems and methods.
If you are a Vendor and a Booking is confirmed via the Site, Application or Services, we will send you an email, text message or message via the Site or Application confirming such Booking, depending on the selections you make via the Site, Application and Services. We may also share with you (i) the first and last name of the Client who has requested the Booking, (ii) a link to the Client's HandyQuip Account profile page, if applicable, (iii) if the Client and Vendor have both connected their HandyQuip accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Client on such SNS, and (iv) an indication of whether or not the Client has provided other information to HandyQuip, such as a verified email address, connection to SNSs, or a government ID. If you are a Vendor and you are unable to provide the Equipment after a Booking has been confirmed, any amounts collected by you or HandyQuip for the requested Booking will be refunded to the applicable Client's credit card and any pre-authorization of such credit card will be released per the cancellation policy (defined below), if applicable.
HandyQuip will collect the Total Fees and the Round-Up Donations, if applicable, at the time of the Booking confirmation (i.e. when HandyQuip confirms the Booking request) and will initiate payment of the Equipment Fees and the Delivery Fees, minus the Vendor Fees, to the Vendor within 24 hours of when the Client is provided with the Equipment specified in the Booking (except to the extent that a refund is due to the Client). HandyQuip will retain the Service Fees, the Round-Up Donations, if applicable, and any Taxes in respect of these amounts. The time it takes for the Vendor to receive payouts may depend upon the payout method chosen by the Vendor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Vendor, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to HandyQuip (whether as a result of your Bookings or actions as a Client or otherwise), then HandyQuip may (but is not obliged to) withhold the amount from any payout amounts due to you as a Vendor, and use the withheld amount to setoff the amount owed by you to HandyQuip. If HandyQuip does so, then your obligation to pay HandyQuip will be extinguished to the extent of the amount withheld by HandyQuip, and HandyQuip will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communications in relation to delinquent accounts will be made by electronic mail or by phone, as provided to HandyQuip by you. Such communications may be made by HandyQuip or by anyone on its behalf, including but not limited to a third party collection agent.
The Vendors, not HandyQuip, are solely responsible for honoring any confirmed Bookings and providing any Equipment reserved through the Site, Application and Services. If you, as a Client, choose to enter into a transaction with a Vendor for the Booking of Equipment, you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any terms, conditions, rules and restrictions associated with such Equipment imposed by the Vendor. You acknowledge and agree that you, and not HandyQuip, will be responsible for performing the obligations of any such agreements, that HandyQuip is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HandyQuip disclaims any and all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HandyQuip is not a party to the agreement between you and the Vendor, HandyQuip acts as the Vendor's payment collection agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of the Total Fees and the Round-Up Donations, if applicable, to HandyQuip, your payment obligation to the Vendor for the Equipment Fees and the Delivery Fees is extinguished, and HandyQuip is responsible for remitting the Equipment Fees and the Delivery Fees, minus the Vendor Fees, in the manner described in these Terms. In the event that HandyQuip does not remit any such amounts as described in these Terms, such Vendor will have recourse only against such HandyQuip entity.
The Total Fees and the Round-Up Donations, if applicable, payable will be displayed to a Client before the Client submits a Booking request via the Site or Application. As noted above, the Booking request will be confirmed or rejected by HandyQuip. If a confirmed Booking is cancelled (i.e. rejected by the applicable Vendor), any amounts collected by you or HandyQuip for the said Booking will be refunded to such Client’s applicable credit card, depending on the selections the Client makes via the Site and Application, and any pre-authorization of such Client's credit card will be released per the cancellation policy (defined below), if applicable.
You, as a Client, agree to pay HandyQuip for the Total Fees and the Round-Up Donations, if applicable, in connection with any confirmed Bookings. In order to establish a Booking, you understand and agree that HandyQuip, on behalf of the Vendor, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees, Round-Up Donations, and Security Deposit, if applicable, or (ii) charge your credit card a nominal amount, not to exceed one US dollar (US $1) to verify your credit card. As a general rule, HandyQuip will collect the Total Fees, the Round-Up Donations, and Security Deposit, if applicable, that are due once HandyQuip confirms your Booking; if necessary, Total Fees, Round-Up Donations, and Security Deposit, if applicable, may instead be collected at a later point. Please note that HandyQuip cannot control any fees that may be charged to a Client by his or her bank related to HandyQuip's collection of the Total Fees and Round-Up Donations, and HandyQuip disclaims any and all liability in this regard.
Cancellation and Refund Policy
A confirmed Booking may be cancelled by a Client during the Cancellation Period of the first Equipment to be issued in that Booking.
If you, as a Client, wish to cancel a confirmed Booking made via the Site, Application or Services, you must do so by using the Booking cancellation feature on the Site or Application, or by notifying HandyQuip as outlined in the Contact page during the Cancellation Period for such Booking. For each valid cancellation request, HandyQuip will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the confirmed Booking within a commercially reasonable time. Our ability to refund the Equipment Fees, the Delivery Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy contained in the applicable Listing, as set by each Vendor. Details regarding cancellation and refunds are available in the Service Guarantee policy. The Client Fees are non-refundable regardless of the cancellation policy selected by the Vendor. You, as a Client, understand and agree that you will be charged the full value of your Booking, in accordance with the terms outlined in the "Bookings and Financial Terms" section, if you cancel your Booking outside of the Cancellation Period, or as soon as you have been issued the Equipment specified in the Booking, i.e. the Equipment has been picked up from or delivered by the Vendor.
If you, as a Vendor, wish to cancel a confirmed Booking made via the Site, Application or Services, you must do so by using the Booking cancellation feature on the Site or Application, or by notifying HandyQuip as outlined in the Contact page during the Cancellation Period for such Booking. For each valid cancellation request, (i) HandyQuip will cancel any pre-authorization to the Client’s credit card and/or refund any nominal amounts charged to the Client’s credit card in connection with the confirmed Booking within a commercially reasonable time, and (ii) the Client will receive an email or other communication from HandyQuip containing alternative Listings and other related information. If the Client requests a Booking from one of the alternative Listings and HandyQuip confirms the Client’s requested Booking of Equipment from the Vendor associated with such alternative Listing, then the Client agrees to pay HandyQuip the Total Fees and the Round-Up Donations, if applicable, relating to the confirmed Booking for the Equipment in the alternative Listing, in accordance with these Terms. If a Vendor cancelled a confirmed Booking and you, as a Client, have not received an email or other communication from HandyQuip, please notify HandyQuip as outlined in the Contact page.
You, as a Vendor, understand and agree that HandyQuip may apply penalties or consequences to you or your Listing anytime you cancel a confirmed Booking or if you refuse to honor a confirmed Booking, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee or charging the full value of the applicable Vendor Fees (to be withheld from your future payouts or charged to the credit card on file in your HandyQuip Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
If you are a Vendor and your Client cancels a confirmed Booking, or if HandyQuip decides that it is necessary to cancel a confirmed Booking, and HandyQuip issues a refund to the Client in accordance with the Service Guarantee policy or other applicable cancellation policies, you understand and agree that in the event you have already been paid, HandyQuip shall be entitled to recover the amount of any such Client refund from you, including by subtracting such refund amount from any future Equipment Fees or Delivery Fees due to you.
In rare circumstances, HandyQuip may decide, in its sole discretion, that it is necessary or desirable to cancel, without any limitations, a confirmed Booking made via the Site, Application or Services, or override the Service Guarantee policy or other applicable cancellation policies. This may be for no reason, or for reason of extenuating circumstances (when valid, contingent on proper documentation) including, but not limited to:
- death in the Client's family;
- serious illness suffered by the Client or Client's family;
- natural disaster at the Booking destination;
- political unrest at the Booking destination; or
- jury duty or similar civil obligation for the Client.
HandyQuip may also determine, in its sole discretion, to refund to the Client part or all of the amounts charged to the Client in accordance with the Service Guarantee policy. You understand and agree that HandyQuip and the relevant Client or Vendor will not have any liability for such cancellations or refunds.
Appointment of HandyQuip as Limited Payment Collection Agent for Vendors
Each Vendor hereby appoints HandyQuip as the Vendor's limited payment collection agent solely for the purpose of accepting the Equipment Fees and the Delivery Fees from Clients.
Each Vendor agrees that payment made by a Client through HandyQuip, shall be considered the same as a payment made directly to the Vendor, and the Vendor will make the Equipment available to the Client in the agreed-upon manner as if the Vendor had received the Equipment Fees and the Delivery Fees, minus the Vendor Fees. Each Vendor agrees that HandyQuip may, in accordance with the cancellation policy selected by the Vendor and reflected in the Booking request, (i) permit the Client to cancel the confirmed Booking and (ii) refund to the Client that portion of the Equipment Fees and Delivery Fees specified in the applicable cancellation policy. Each Vendor understands that HandyQuip accepts payments from Clients as the Vendor's limited payment collection agent and that HandyQuip’s obligation to pay the Vendor is subject to and conditional upon successful receipt of the associated payments from Clients. HandyQuip does not guarantee payments to Vendors for amounts that have not been successfully received by HandyQuip from Clients. In accepting appointment as the limited authorized agent of the Vendor, HandyQuip assumes no liability for any acts or omissions of the Vendor.
HandyQuip does not currently charge fees for the creation of Listings. However, you, as a Vendor, acknowledge and agree that HandyQuip reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that HandyQuip will provide notice of any Listing fees collection via the Site, Application and Services, prior to implementing such a Listing fees feature.
HandyQuip charges the Service Fees for the use of its technology platform. Where applicable, Taxes may also be charged in respect of the Vendor Fees and Client Fees. HandyQuip deducts the Vendor Fees from the Equipment Fees before remitting the balance to the Vendor as described in these Terms. Client Fees are, as noted above, included in the Total Fees. Balances will be remitted by HandyQuip to Vendors via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in US dollars. Amounts may be rounded up or down as described the "Rounding Off" section below.
Vendors may choose to include security deposits in their Listings (collectively, the "Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Equipment. If a Security Deposit is included for an Equipment in a confirmed Booking, and a Vendor makes a claim against such Security Deposit, HandyQuip will, in its capacity as the payment collection agent of the Vendor, use its commercially reasonable efforts to charge the Client's payment method in the amount of the Security Deposit, within a reasonable period of time after the Vendor notifies HandyQuip of a dispute. HandyQuip will also use its commercially reasonable efforts to address Vendors' requests and claims related to Security Deposits, but HandyQuip is not responsible for administering or accepting any claims by Vendors related to Security Deposits, and disclaims any and all liability in this regard.
During a rental, a Client may exercise the option to purchase Equipment from a Vendor by paying a Rent-to-Own Price, if applicable. To exercise a Rent-to-Own option, a Client must notify HandyQuip that they wish to purchase the Equipment at least 1 day before the end of the rental period. HandyQuip will confirm the Rent-to-Own order and collect a charge from the Client on behalf of the Vendor equal to the Rent-to-Own Price minus the Equipment Fees already paid at booking, plus applicable Client Fees. Rent-to-Own transactions are conducted exclusively between Clients and Vendors and HandyQuip is only involved as a limited payment collector acting on behalf of Vendors. HandyQuip does not make any representations and does not warrant that the Equipment is fit for use or for any other purpose. Clients and Vendors are responsible for their own compliance with all laws and regulations related to the sale of medical equipment including, but not limited to, sales terms, transfer of property rights, taxes and warranties. Once a Rent-to-Own charge is successfully collected from a Client, the Equipment booking on the Site and Application is closed and the Vendor is solely responsible for completing the Rent-to-Own sale directly with the Client. When a Client exercises this Rent-to-Own option, Client accepts the Equipment "As Is" and "Where Is".
When booking Equipment, Clients may elect to make Round-Up Donations to a cause or charity (collectively, the "Donation Recipients") of their choice. HandyQuip reserves the right, in its sole discretion, to select (i) which Donation Recipient to include on the Site, Application or Services, and (ii) how to make Round-Up Donations available to their respective Donation Recipients, including, but not limited to, consolidating multiple donations made to the same Donation Recipient, or choosing the schedule or method to transfer donations to a Donation Recipient. To the extent provided under applicable law, HandyQuip will make the entirety of Round-Up Donations amounts available to their respective Donation Recipients. We do not take any responsibility and disclaim any and all liability for the use or intended use of Round-Up Donations by Donation Recipients. For each Round-Up Donation, the Client in question is responsible for his or her own compliance with all laws and regulations, including Tax regulations, applicable to such donations, pledges or fund-raising. You further understand and agree that any Round-Up Donations will not place HandyQuip under any fiduciary or other obligation to you.
HandyQuip may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Vendors to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest US dollar); for example, HandyQuip will round up an amount of US $101.50 to US $102.00, and US $101.49 to US $101.00.
Tax regulations may require us to collect appropriate Tax information from our Vendors, or to withhold Taxes from payouts to Vendors, or both. For instance, IRS regulations stipulate that we may collect an IRS Form 1099-K from our U.S. Vendors. You, as a Vendor, are solely responsible for keeping the information in your tax forms current, complete and accurate. If you, as a Vendor, fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payments to you (e.g. where you are a U.S. Vendor and you fail to provide us with a completed IRS Form 1099-K), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You, as a Vendor, understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. HandyQuip cannot and does not offer Tax-related advice to any Members.
You, as a Vendor, understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Equipment is located may require Taxes to be collected from Clients or Vendors on the amount paid for the right to use Services and Equipment, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Equipment Fees set by Vendors, a set amount per day, or other variations, and are sometimes called "sales and use taxes".
Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your HandyQuip Account. HandyQuip may provide portals, reports, and breakdowns of your transactions and payouts through the Site, Application or Services, and may maintain records for the previous 18 months, subject to change without notice.
You agree to notify HandyQuip of any discrepancies arising from any reconciliations or audits. We will investigate any reported discrepancies and attempt to rectify any errors that you or we discover. In the event you are owed money as a result of the discrepancy, we will remit funds. Your failure to notify us of an error or discrepancy within sixty (60) days of when it first appears in your HandyQuip account (e.g., in any portals or reporting provided to you) will be deemed a waiver of any right to amounts owed to you in connection with any such error or discrepancy in processing your card payments.
If you submit or cause us to process transactions erroneously, you agree to contact us immediately. We will investigate any reported errors and attempt to rectify any errors that you or we discover. In its sole discretion, HandyQuip may credit or debit, as appropriate, the same payment method used for the original payout to or payment by a Client, so that the Client receives or disburses the correct amount. HandyQuip may only correct transactions that you process incorrectly if and when you notify us of such an error, unless we are otherwise made aware of it. Your failure to notify us of any error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Damage to Equipment
You, as a Client, are responsible for returning the Equipment in the condition it was in when it was issued to you. You acknowledge and agree that, as a Client, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any Invitees whom you let use, manipulate, transport, or maintain the Equipment. In the event that a Vendor claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing damaged Equipment with equivalent Equipment. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your HandyQuip Account. HandyQuip also reserves the right to charge the credit card on file in your HandyQuip Account, or otherwise collect payment from you and pursue any avenues available to HandyQuip in this regard, including using Security Deposits, in situations in which you have been determined, in HandyQuip's sole discretion, to have damaged any Equipment, including, but not limited to, in relation to any payments made by HandyQuip to Vendors. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Equipment to the applicable Vendor or to HandyQuip (if applicable).
You, as a Client, understand and agree that HandyQuip may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Equipment. You agree to cooperate with and assist HandyQuip in good faith, and to provide HandyQuip with such information as may be reasonably requested by HandyQuip, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as HandyQuip may reasonably request to assist HandyQuip in accomplishing the foregoing.
Keeping Equipment Without the Vendor's Consent
You, as a Client, understand and agree that a confirmed Booking is merely a license granted by the Vendor to the Client to use the Equipment for the limited duration of the confirmed Booking and in accordance with the Client's agreement with the Vendor. You, as a Client, further agree to return the Equipment no later than the return time specified in the confirmed Booking or such other time as mutually agreed upon between the Vendor and the Client. If a Client keeps the Equipment past the agreed upon return time without the Vendor's consent, he or she no longer has a license to use the Equipment and the Vendor is entitled to enforce the return of the Equipment. In addition, you, as a Client, understand and agree that the Vendor can charge the Client, for each 24 hour period that the Client keeps Equipment over the agreed period without the Vendor's consent, an additional daily fee of up to two times the average daily Equipment Fees originally paid by the Client to cover the inconvenience suffered by the Vendor, plus all applicable Service Fees, Delivery Fees, Taxes, and any legal expenses incurred by the Vendor to enforce the return of the Equipment (collectively, the "Additional Sums"). You, as a Client, understand and agree that HandyQuip, in its role as limited collection agent for the Vendor, shall charge the Client's credit card or other payment methods it has on file to collect these Additional Sums. In addition, HandyQuip may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Client's credit card or other payment method on file.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not, and you understand and agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, mail bombs, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a HandyQuip Client or Vendor;
- offer, as a Vendor, any Equipment that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Equipment as a Vendor if you are serving in the capacity of a rental agent or Listing agent for a third party);
- offer, as a Vendor, any Equipment that may not be rented pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one HandyQuip Account or register for a HandyQuip Account on behalf of an individual other than yourself;
- unless HandyQuip explicitly permits otherwise, request or book any Equipment if (i) you will not actually be using the Equipment yourself, and (ii) you are requesting or booking the Equipment for commercial or other business purposes;
- contact a Vendor for any purpose other than asking a question related to a Booking, such Vendor's Equipment or Listings;
- contact a Client for any purpose other than asking a question related to a Booking or such Client's use of the Site, Application and Services;
- advertise to or solicit any Member, or use Member Content for any commercial, political, or religious purposes, including, but not limited to, marketing;
- recruit or otherwise solicit any Vendors or other Members to join third-party services or websites that are competitive or potentially competitive, directly or indirectly, to HandyQuip, without HandyQuip's prior written approval;
- impersonate any person or entity, commit fraud, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Vendor or Client and then complete a Booking of an Equipment independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees or Delivery Fees related to HandyQuip's provision of the Services or for any other reasons;
- accept or make a payment for Equipment Fees or Delivery Fees outside HandyQuip’s Site, Application or Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold HandyQuip harmless from any liability for such payment;
- use the Site, Application, Services or Collective Content to re-sell or re-purpose any Bookings;
- as a Vendor, submit any Listing with false or misleading price information, or submit any Listing with a price or terms and conditions that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other Content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- take any action that places excessive demand on our Site, Application or Services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure, as determined in our sole discretion;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, HandyQuip's name, any HandyQuip trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without HandyQuip's express written consent;
- access, tamper with, or use non-public or unauthorized areas of the Site, Application or Services, HandyQuip's computer systems, servers, or the technical delivery systems of HandyQuip's Vendors;
- temper, or interfere with the proper functioning of any part, page or area of the Site, Application or Service;
- attempt to probe, scan, or test the vulnerability of any HandyQuip system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HandyQuip or any of HandyQuip's Vendors or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing;
- aggregate any live or post-feature Content, or other information from the Site, Application or Services (whether using links or other technical means or physical records associated with Bookings made through the Site, Application or Services) with material from other sites or on a secondary site without HandyQuip's express written consent;
- act illegally or maliciously against the business interests or reputation of our Clients, Vendors, and Site, Application or Services;
- hyperlink to the Site, Application or Services from any other website without HandyQuip's express written consent; or
- engage in any other activity deemed by us, in our sole discretion, to be in conflict with the spirit or intent of these Terms.
HandyQuip has the right to investigate and prosecute violations of any of the above to the fullest extent of the law, which may subject you to civil and criminal penalties.
HandyQuip may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against HandyQuip or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of HandyQuip, its users, or members of the public. You acknowledge that HandyQuip has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to Content that it determines is otherwise objectionable or as set forth in these Terms. HandyQuip reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HandyQuip, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
HandyQuip strictly prohibits the Listing of Equipment including, but not limited to, any product that is,
- not related to medical Equipment, which determination is at the sole discretion of HandyQuip;
- an infringement upon the copyright, trademark, or trade secrets of any third party;
- counterfeit; or
- sexually-oriented or pornographic.
Any Listing of prohibited Equipment will be considered as a failure to use the Site, Application or Services in accordance with these Terms, and may subject you to civil and criminal penalties.
Transmission of Information
HandyQuip does not control the security of the Internet or any other networks you may use to access the Site, Application or Services, or to communicate with us. As such, HandyQuip assumes no responsibility for the security, integrity, or loss of data or information that you may choose to communicate with the Site, Application or Services, while the data or information is being transmitted.
Our Services have different products and offerings. Sometimes, additional terms or product requirements may apply to your use of those products or offerings. For example, additional terms apply if you refer new users to HandyQuip Site, Application or Services ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Specific Terms Regarding Ratings and Reviews
Within a certain timeframe after completing a Booking, Clients can leave a public review (the "Review") and submit a star rating (the "Rating") about a Vendor. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of HandyQuip. Ratings and Reviews are not verified by HandyQuip for accuracy and may be incorrect or misleading.
Ratings and Reviews by Clients must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to these Terms and must comply with HandyQuip’s Content Policy.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Site, Application, or Services (such as the Listing page) together with other relevant information such as location, number of bookings, number of cancellations, and other information.
Specific Terms Regarding HandyQuip Points and Rewards
HandyQuip Rewards is the HandyQuip loyalty program (the "Loyalty Program"). When you rent Equipment using the Site, Application, or Services, the associated rental amounts are converted into Points and accrued in your account based on a currency-to-Point conversion rate determined in our sole discretion, and subject to change at any time and without any notice. When you collect a certain number of Points (the "Minimum Number of Points"), as decided in our sole discretion and provided on the Site, Application and Services, a Reward becomes available in your account and may be redeemed in a future booking under these HandyQuip Points and Rewards Terms & Conditions. All eligible bookings must be made online or with our call center. You can only collect Points or redeem Rewards at Vendors participating in the Loyalty Program. The Loyalty Program is open to anyone over 18 years old who signs up to the Site, Application or Services with a valid email address, and then joins the Loyalty Program. Companies, associations, or other groups determined by us, in our sole discretion, may not join or benefit from the Loyalty Program.
You will collect Points every time your payment method is charged for renting one or more items from Vendors participating in the Loyalty Program. Points cannot be collected from amounts corresponding to Fees or Taxes. You must be signed in to the Site, Application or Services when you complete a booking transaction for the Points to be collected into your account after your payment. If you make a booking with us by phone, you must tell us the email address on your account so we know where to add the Points. Only HandyQuip members can collect Points. Any other user or person associated with the booking do not collect Points, and you cannot collect Points for any booking you made online before you joined the Loyalty Program.
We will post the Points you collected on your account up to 72 hours after your payment for the booking is successfully processed by the Site, Application or Services. If you collect Points but we later believe that you did not complete a rental (an “Invalid Rental”) for any reason, we reserve the right to remove these Invalid Rentals from your account. This could happen if you or a Vendor cancels a rental, or if you did not or declined to take possession of an item at the beginning of the renting period as agreed in your booking. You cannot collect any Point from Invalid Rentals.
You can check your account to see how many Points you have accrued at any time. To do so, you may sign into the Site, Application or Services, or call our call center by telephone. You are responsible for making sure the Point balance in your account is correct. If you believe that you have not collected the correct amount of Points, we will assess any discrepancy and provide corrective actions, as determined by us.
In addition to the information above, you will not collect Points for the following:
- Bookings made before you joined the Loyalty Program;
- Rental amounts paid using a Reward, special promotion, discount coupon, voucher or code;
- Bookings made through group travel services; and
- Bookings that do not cost you anything, i.e. are free.
Rewards are credit only and have no cash value nor can they be refunded or exchanged for cash. Rewards may be redeemed only in Bookings made on the Site, Application and Services. You may only redeem Rewards after they are posted on your account. The scope, variety, and type of services and products that you may obtain by redeeming Rewards can change at any time, in our sole discretion.
The value of a Reward is based on the number of Points and rental amount accrued in your account at the time you choose to redeem the Reward, as long as the Points and Rewards have not expired. The value of a Reward is equal to the average rental rate of the Points you collected to earn the Reward, excluding taxes and fees, and based on a currency-to-Point conversion rate determined in our sole discretion, and subject to change at any time and without any notice.
When the number of Points in your account is greater or equal to the Minimum Number of Points, a Reward becomes available in your account and may be redeemed during checkout in eligible bookings made on the Site, Application or Services or by calling our call center. Eligible bookings include bookings where the total rental amount is greater or equal to the value of the Reward. If you decide not to redeem a Reward, Points and rental amounts in your account will continue to accrue until a Reward is redeemed. If you decide to redeem a Reward, the Reward value will be deducted in whole from the total charge of your booking. You will still be responsible for paying taxes, fees and any other cost corresponding to the rental amount prior application of the Reward. Your Point and Reward balances will be automatically adjusted in your account. Rewards cannot be redeemed in part. You cannot combine a Reward with any other offer, discount coupon, voucher or code, unless the terms for each of these special rates explicitly allow it. In particular, when you place a booking and redeem a Reward, you cannot get an additional special rate for that booking.
When a rental if cancelled by you or by a Vendor, any Reward previously applied to that rental is non-refundable. Your refund will include only the amount previously charged to your original payment method for the cancelled rental. Once a rental is cancelled, any Point or Reward amount applied to that rental, as determined by us and in our sole discretion, are voided and will not be reissued to your account. Rentals paid with Rewards are subject to all applicable booking terms, conditions, and cancellation policies.
Changes and Termination
Points and Rewards expire twelve (12) months from the date that any Points are last accrued or any Reward is redeemed in your HandyQuip Account. If you do not collect Points or redeem a Reward in a 12 month period, your Points and Rewards expire and we may deactivate your account. If this happens, your Points and Rewards are void and will not be reissued. You must sign into your account to check when your Points and Rewards are due to expire. If for some reason you believe that there is a discrepancy regarding your balance of HandyQuip Points and Rewards, please notify HandyQuip as outlined in the Contact page. HandyQuip may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at HandyQuip's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of HandyQuip Rewards.
The Loyalty Program has no end date and will continue until we terminate it, which could happen at any time. If we do terminate the Loyalty Program, all Points and Rewards become void. You will lose your Points and Rewards and you will not be compensated for any loss.
We may change our terms and conditions at any time, with or without notice, including the rules for collecting Points, the rules for redeeming your Rewards, the list of Vendors participating in the Loyalty Program, and the Minimum Number of Points. We may communicate these changes to you by email or on the Site, Application or Services. You are responsible for keeping up to date on any changes that we may make. By continuing to collect Points and redeem Rewards with the Loyalty Program, you accept any changes to these terms and conditions.
General HandyQuip Rewards Terms & Conditions
Without limiting any other terms of these Terms and subject to applicable law, all HandyQuip Points and Rewards are forfeited if your HandyQuip Account is terminated or suspended for any reason, in HandyQuip's sole discretion, or if HandyQuip discontinues providing the Site, Application, Services or the Loyalty Program.
We reserve the right to discontinue your membership in the Loyalty Program if you act fraudulently or use the Loyalty Program in a way that does not comply with our terms and conditions, or any federal or state laws, regulations, statutes or ordinances. If we discontinue your membership, you may lose your collected Points and Rewards. We also have the right to take appropriate administrative and/or legal action, including criminal prosecution if necessary.
While you are signed up to the Site, Application or Services, we may communicate any updates to your account or transactions to you by email. We may take back your Points and Rewards at any time or for any reason in our sole discretion. You cannot sell or transfer your Points or Rewards, or combine them with another member’s Points or Rewards. Points and Rewards are not transferable for any reason, which includes if an account is deactivated or closed, if a member dies, if there is a domestic relations issue, or otherwise by operation of law.
The Loyalty Program is void where prohibited by law. Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision. Our decision on all questions or disputes regarding the Loyalty Program is final.
Specific Terms Regarding Referrals
The HandyQuip Referral Program ("The Referral Program") allows Members to earn promotional Points toward future Bookings by referring friends to become new users on the Site, Application, and Services.
Members can earn Points if: (i) a referred friend clicks on their referral link to create a valid HandyQuip account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Booking (as defined below).
The referring Member will be credited with the Point specified in the referral invitation or accompanying promotional materials after the completion of the referred friend’s Qualifying Booking.
The maximum Points that can be earned per Member will be 200 Points in respect of Qualifying Bookings.
A Qualifying Booking must must be booked and paid for via the Site, Application, or Services, and the referred friend must place the Booking before the referring Member can receive Points. A Booking will not be considered a Qualifying Booking, and therefore no Points will be earned, if the referring Member is the Vendor or if the Booking is cancelled at any time.
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from "spamming" anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Referred friends who have signed up using a valid referral link will also receive Points in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Booking on HandyQuip.
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the Member associated with the referral link actually used by the referred friend will receive Travel Credit.
Subject to your compliance with these Terms, HandyQuip grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. HandyQuip reserves all rights in the Application not expressly granted to you by these Terms.
HandyQuip Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, HandyQuip grants you a limited, non-exclusive, non-transferable license, to (i) access and view any HandyQuip Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HandyQuip or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to HandyQuip a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. HandyQuip does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to HandyQuip the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HandyQuip's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
HandyQuip respects copyright law and expects its users to do the same. It is HandyQuip's policy to terminate in appropriate circumstances the HandyQuip Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of HandyQuip and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. You understand and agree to HandyQuip's Copyright Policy, which is incorporated here by reference.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HandyQuip is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HandyQuip of such websites or resources or the Content, products or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We make HandyQuip for you – your opinion matters to us. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). Please submit Feedback via our Contact page. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of HandyQuip, and you hereby irrevocably assign to HandyQuip and agree to irrevocably assign to HandyQuip all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. You further understand and agree that any Feedback you provide is gratuitous, unsolicited and without restriction and will not place HandyQuip under any fiduciary or other obligation to you, and that we are free to use or publish any Feedback you provide without any compensation to you, and/or to disclose any Feedback you provide on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by reviewing or accepting your Feedback, HandyQuip does not waive any rights to use similar or related ideas previously known to HandyQuip, or developed by its employees or staff members, or obtained from sources other than you. At HandyQuip's request and expense, you will execute documents and take such further acts as HandyQuip may reasonably request to assist HandyQuip to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Suspension, Deactivation, Termination, and Cancellation of HandyQuip Account
HandyQuip may, in its sole discretion and without liability to you, with or without cause, at any time, decide to limit, suspend, deactivate, terminate or cancel your HandyQuip Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your HandyQuip Account will be suspended, deactivated, terminated, or cancelled, your password will be disabled, and you will not be able to access the Site, Application, Services, your HandyQuip Account, your Member Content, or receive assistance from HandyQuip Customer Service, (b) any confirmed Bookings as either Vendor or Client will be immediately terminated, (c) we may communicate to your Clients or Vendors that a confirmed Booking has been cancelled, (d) we may refund your Clients in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (e) we may contact your Clients to inform them about potential alternate Equipment with other Vendors that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for confirmed Bookings that were cancelled as a result of a suspension, deactivation, termination, or cancellation of your HandyQuip Account. You may cancel your HandyQuip Account at any time via the "Cancel Account" feature of the Services or by notifying us as outlined in the Contact page. Please note that if your HandyQuip Account is suspended, deactivated, terminated, or cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HANDYQUIP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND VENDORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HANDYQUIP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HANDYQUIP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EQUIPMENT, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HANDYQUIP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EQUIPMENT, VENDORS, CLIENTS, YOUR ACCRUAL OF HANDYQUIP CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HANDYQUIP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENDORS OR CLIENTS. YOU UNDERSTAND THAT HANDYQUIP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY EQUIPMENT. HANDYQUIP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VENDORS AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HANDYQUIP. NOTWITHSTANDING HANDYQUIP’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE VENDORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE VENDORS, HANDYQUIP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY VENDOR OR OTHER THIRD PARTY.
Limitation of Liability
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING, BOOKING OR USE OF ANY EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HANDYQUIP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HANDYQUIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, HACKING, TAMPERING, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SITE, APPLICATION OR SERVICES BY ANY THIRD PARTY, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, PROPERTY DAMAGE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, OF ANY NATURE WHATSOEVER, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANDYQUIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENDORS PURSUANT TO THESE TERMS, IN NO EVENT WILL HANDYQUIP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY EQUIPMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY EQUIPMENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENDOR, THE AMOUNTS PAID BY HANDYQUIP TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS (US $100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HANDYQUIP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- THE SITE, APPLICATION OR SERVICES MAY PROVIDE MEDICAL OR HEALTH INFORMATION, SUCH INFORMATION BEING INTENTED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE SAID INFORMATION DOES NOT, AND IS NOT INTENDED, TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF INFORMATION YOU MAY HAVE READ ON THE SITE, APPLICATION OR SERVICES. HANDYQUIP IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE, APPLICATION OR SERVICES. YOUR ACCESS AND USE OF THE SITE, APPLICATION OR SERVICES DO NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON HANDYQUIP'S PART OR ON THE PART OF ITS CONTRIBUTORS. HANDYQUIP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE, APPLICATION OR SERVICES. YOUR USE OR RELIANCE ON ANY INFORMATION PROVIDED BY HANDYQUIP ON THE SITE, APPLICATION OR SERVICES, ITS CONTRIBUTORS, LICENSORS, THIRD-PARTY CONTENT PROVIDERS, OR OTHER CLIENTS IS SOLELY AT YOUR OWN RISK.
You agree to release, defend, indemnify, and hold HandyQuip and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of Equipment, or (iii) creation of a Listing; (d) the use, condition or rental of Equipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Booking or use of Equipment; and (e) your participation in the Referral Program or your accrual of any HandyQuip Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Equipment is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. HandyQuip does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and HandyQuip only, and not Apple, and (ii) HandyQuip, not Apple, is solely responsible for the App Store Sourced Application and Content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HandyQuip and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HandyQuip.
You and HandyQuip acknowledge that, as between HandyQuip and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and HandyQuip acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between HandyQuip and Apple, HandyQuip, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and HandyQuip acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you rent Equipment from or provide Equipment to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in abusive, offensive, violent, reckless, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing or unlawful conduct, you should immediately report such person to the appropriate authorities and then to HandyQuip by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. You may notify HandyQuip at any time as outlined in the Contact page.
These Terms constitute the entire and exclusive understanding and agreement between HandyQuip and you regarding the Site, Application, Services, Collective Content, and any Bookings or Listings of Equipment made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HandyQuip and you regarding Bookings or Listings of Equipment, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without HandyQuip's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HandyQuip may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HandyQuip (i) by means of a general notice posted to the Site or via the Application, (ii) via email (in each case to the address that you provide in your HandyQuip Account; the date of receipt will be deemed the date on which such notice is transmitted) or (iii) by written communication sent by first class mail or pre-paid post to your mailing address in your HandyQuip Account. Such written notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post). You may give notice to HandyQuip, with such notice deemed given when received by HandyQuip, at any time by first class mail or pre-paid post to HandyQuip, Attn: User Notices – Legal, TBD DE 19904.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and HandyQuip agree to submit to the personal jurisdiction of a state court located in St. Johns County, St. Augustine, Florida or a United States District Court, Middle District of Florida located in Jacksonville, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
GENERAL. You and HandyQuip agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, the "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HandyQuip are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HandyQuip otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW. The arbitration will be administered by the American Arbitration Association (the "AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
ARBITRATION PROCESS. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents). The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE. Unless you and HandyQuip otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed US $10,000, then the arbitration will be conducted solely on the basis of documents you and HandyQuip submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
ARBITRATOR'S DECISION. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. HandyQuip will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
ARBITRATION FEES. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed US $75,000, HandyQuip will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
CHANGES. Notwithstanding the provisions of the "Modifications" section above, if HandyQuip changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of HandyQuip's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HandyQuip in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Waiver and Severability
The failure of HandyQuip to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HandyQuip. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions or comments about these Terms, please let us know as outlined in the Contact page or via postal mail at:
101 Marketside Ave, Ste 404-139
Ponte Vedra, FL 32081-1542 USA