Key Terms
ChainRent provides an online platform that connects owners who have items to list and book with renters seeking to book such items (collectively, the “Services“), which Services are accessible at www.chainrent.com and any other websites through which ChainRent makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services and you reside in the USA or Canada, these Terms of Service are between you and ChainRent, Inc.
“Item” means any item that is for rent on chainrent that does not violate our policy on what you can list.
“ChainRent Content” means all Content that ChainRent makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking” means a limited license granted by the Owner to the Renter to retrieve and use the Listed item for the limited duration of the approved booking, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to retrieve the Item, in accordance with the Renter’s agreement with the Owner. Please note, as used on the Site, Applications, and Services, “short term rental” and “item sharing” have the same meaning as “Booking;” all three terms mean a limited license to retrieve and use the Item for the duration of the approved booking as defined above.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Renter (as determined by ChainRent in its sole discretion), within which an owner may decide whether to approve or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and ChainRent Content.
“Communication” means an email, message via the Application or text message.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Renter” means a Member who requests from an owner a Booking of a Listing via the Site, Application or Services, or a Member who rents an Item and is not the Owner for the associated Listing.
“Owner” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means an Item that is listed by an owner as available for Booking via the Site, Application, and Services.
“Member” means a person who completes ChainRent’s account registration process, including but not limited to Owners and Renters, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or ChainRent promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and ChainRent. Please also read carefully our Privacy Policy.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area 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.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR ITEMS AND RENTERS MAY LEARN ABOUT AND BOOK ITEMS DIRECTLY WITH THE OWNER. YOU UNDERSTAND AND AGREE THAT CHAINRENT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS CHAINRENT A RENTAL BROKER, AGENT OR INSURER. CHAINRENT HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ITEMS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON CHAINRENT, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH CHAINRENT IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF CHAINRENT FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF CHAINRENT. CHAINRENT DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF CHAINRENT, INCLUDING BY INAPPROPRIATELY USING ANY CHAINRENT INTELLECTUAL PROPERTY.
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 AND RECEIVE OUR SERVICES. WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN 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.
Modification
ChainRent reserves the right, at 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 post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your ChainRent Account you will be deemed to have accepted the changes.
Eligibility
Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional ChainRent policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between ChainRent and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Items made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between ChainRent and you regarding Bookings or listings of Items, the Site, Application, Services, and Collective Content (excluding Payment Services).
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without ChainRent’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ChainRent 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.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ChainRent (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with State Laws and the laws of the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court.
Dispute Resolution
If you reside in the United States, you and ChainRent 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, Application or Collective Content (collectively, “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 ChainRent are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and ChainRent 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. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor 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 written demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law 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 ChainRent otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ChainRent submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $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. ChainRent 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.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if ChainRent changes this “Dispute Resolution” section after the date you last 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 ChainRent’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 ChainRent in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of ChainRent 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 ChainRent. 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.
Contacting ChainRent
If you have any questions about these Terms or any App Store Sourced Application, please contact ChainRent.
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 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, ChainRent will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of ITEMS. Such items are included in Listings on the Site, Application and Services by Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an item or create a Listing, you must first register to create an ChainRent Account (defined below).
As stated above, ChainRent makes available an online platform or marketplace with related technology for Owners and renters to meet online and arrange for Bookings of items directly with each other. ChainRent is not an owner or operator of, but not limited to, vehicles, trailers,clothing, jewelry, shoes, Sporting or outdoor goods, Event Planning Items, electronics, musical instruments, media video game consoles, tools, furniture, appliances, heavy machinery, nor is it a provider of items, including, but not limited to, vehicles, trailers,clothing, jewelry, shoes, Sporting or outdoor goods, Event Planning Items, electronics, musical instruments, media video game consoles, tools, furniture, appliances, heavy machinery and ChainRent does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Items, including, but not limited to, vehicles, trailers,clothing, jewelry, shoes, Sporting or outdoor goods, Event Planning Items, electronics, musical instruments, media video game consoles, tools, furniture, appliances, heavy machinery. Unless explicitly specified otherwise in the ChainRent platform, ChainRent’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING AND BOOKING ITEMS DIRECTLY WITH EACH OTHER. ChainRent CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS. ChainRent IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book an items or create a Listing, you must register to create an account (“ChainRent Account“) and become 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 to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook or google plus; 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 ChainRent Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to ChainRent through the Site, Services or Application; or (ii) allowing ChainRent 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 ChainRent and/or grant ChainRent 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 ChainRent to pay any fees or making ChainRent subject to any usage limitations imposed by such third-party service providers. By granting ChainRent access to any Third-Party Accounts, you understand that ChainRent 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 ChainRent Account and ChainRent 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 ChainRent Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or ChainRent’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 ChainRent Account and your Third-Party Accounts, at any time, by accessing the “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. ChainRent makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and chainrent is not responsible for any SNS Content.
Your ChainRent Account and your ChainRent Account profile page will be created for your use of the Site and Application 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 chainrent Account. 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. chainrent reserves the right to suspend or terminate your chainrent Account and your access to the Site, Application and Services if you create more than one (1) chainrent Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on chainrent, you are not permitted to share your chainrent Account with anyone or allow others to access or use your chainrent Account. chainrent may enable features, in our discretion, that allow other Members to take certain actions associated with your chainrent Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional owner. You agree that you will take sole responsibility for any activities or actions under your chainrent Account, whether or not you have authorized such activities or actions. You will immediately notify chainrent of any unauthorized use of your chainrent Account.
Item Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the item to be listed, including, but not limited to, the location, capacity, size, features, and availability of the item and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all items must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, renter and owner preferences, ratings and/or ease of Booking.
Other Members will be able to book your item via the Site, Application and Services based upon the information provided in your Listing, your renters’ requirements, and renters’ search parameters and preferences. You understand and agree that once a renter requests a Booking of your item, you may not request the renter to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a renter’s use of, an item in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowner's association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any item included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that chainrent assumes no responsibility for a owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. chainrent reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that chainrent, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are an owner, you understand and agree that chainrent does not act as an insurer or as your contracting agent. If a renter requests a Booking of your item and rents your item, any agreement you enter into with such renter is between you and the renter and chainrent is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your item, such as requiring Members to have a profile picture or verified phone number, in order to book your item. Any Member wishing to book items included in Listings with such requirements must meet these requirements.
If you are an owner, chainrent makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or approve for Booking for your item. You acknowledge and agree that, as an owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present with the item at your request or invitation, excluding the renter (and the individuals the renter invites to rent the item, if applicable.)
chainrent recommends that owners obtain appropriate insurance for their items. Please review any insurance policy that you may have for your item 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 or relating to renters (and the individuals the renter invites to the item, if applicable) while at your item. Please also review such policy for any interaction with the chainrent owner Protection Insurance Program, to the extent provided in your jurisdiction.
You 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 for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute chainrent Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from chainrent. If your chainrent Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that chainrent retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
No Endorsement
chainrent does not endorse any Member, Listing or item. You understand that Verified Images are intended only to indicate a photographic representation of the item at the time the photograph was taken. Verified Images are therefore not an endorsement by chainrent of any Member, Listing or item.
Members are required by these Terms to provide accurate information. Although chainrent may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for an chainrent Account, you agree that chainrent may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
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 or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by chainrent 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 or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a owner or to accept or preapprove a Booking request from a renter, 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 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 chainrent with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a owner against chainrent regarding the remittance of payments received from a renter by chainrent on behalf of a owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“item Fees” means the amounts that are due and payable by a renter in exchange for that renter’s stay in an item. The owner alone, and not chainrent, is responsible for the item Fees for his or her Listing. The owner may in his or her sole discretion decide to include in these amounts (i) Taxes that the owner determines that he or she has to collect.
“renter Fees” means the fee that chainrent charges a renter for the use of the Services, which is calculated as a percentage of the applicable item Fees. The renter Fees will be displayed to the renter when the renter is asked whether to send a Booking request to a owner.
“owner Fees” means the fee that chainrent charges a owner for the use of the Services, which is calculated as a percentage of the applicable item Fees.
“Payment Method” means a payment method that you have added to your chainrent Account, such as a credit card, debit card.
“Service Fees” means collectively the renter Fees and the owner Fees.
“Total Fees” means collectively the item Fees and the renter Fees plus any Taxes.
“Application Fees” means the fee collected on a transaction for using the site.
If you are an owner and a Booking is requested for your item via the Site, Application or Services, you will be required to either approve, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by chainrent (via chainrent Payments) for the requested Booking will be refunded to the applicable renter. When you confirm a Booking requested by a renter, chainrent will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
Stripe Payments will collect the Total Fees from renters at the time of the Booking request upon the owner’s confirmation and will initiate payment of the item Fees (less applicable fees and taxes) to the owner at the time and as further described in the Payment and Return Policies.
Each owner agrees that chainrent may, in accordance with its cancellation policy (i) permit the renter to cancel the Booking and (ii) refund (via chainrent Payments) to the renter that portion of the item Fees specified in the applicable cancellation policy.
The owners, not chainrent, are solely responsible for honoring any confirmed Bookings and making available any items reserved through the Site, Application and Services. If you, as a renter, choose to enter into a transaction with a owner for the Booking of an item, you agree and understand that you will be required to enter into an agreement with the owner and you agree to accept any terms, conditions, rules and restrictions associated with such item imposed by the owner.
You acknowledge and agree that you, and not chainrent, will be responsible for performing the obligations of any such agreements, that chainrent is not a party to such agreements, and that, with the exception of chainrent Payments’ obligations pursuant to the Payment and Return Policies, chainrent (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a renter before the renter sends a Booking request to a owner. As noted above, the owner is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, Stripe Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable owner), any amounts collected by chainrent Payments will be refunded to such renter, depending on the selections the renter makes via the Site and Application, and any pre-authorization of such renter’s Payment Method will be released, if applicable.
You as a renter agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your chainrent Account. chainrent Payments will collect the Total Fees pursuant to the Payment and Return Policies.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
In consideration for the use of chainrent’s online marketplace and platform, chainrent charges Service Fees. chainrent Payments collects these Service Fees pursuant to the Payment and Return Policies, and, where applicable, may also collect Taxes in respect of the owner Fees and renter Fees. chainrent Payments deducts the owner Fees from the item Fees before remitting the balance to the owner as described in the Payment and Return Policies. renter Fees are, as noted above, included in the Total Fees.
Applicable renter Fees, as well as Taxes collected by chainrent, will be shown to renters via the Site and Application at checkout, prior to their submission of a Booking request. And, chainrent will disclose applicable owner Fees to owners via the Site and Application. More information on Services Fees can be found at the chainrent Help Center.
General Booking and Financial Terms
Cancellations and Refunds
If, as a renter, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or receiving an item, the cancellation policy of the owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the item Fees, renter Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The renter Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the owner. chainrent Payments will initiate any refunds due pursuant to the Payment and Return Policies.
If an owner cancels a confirmed Booking made via the Site, Services, and Application, (i) chainrent Payments will refund the Total Fees for such Booking to the applicable renter pursuant to the Payment and Return Policies and (ii) the renter will receive a Communication from chainrent containing alternative Listings and other related information. If the renter requests a Booking from one of the alternative Listings and the owner associated with such alternative Listing confirms the renter’s requested Booking, then the renter agrees to pay chainrent the Total Fees relating to the confirmed Booking for the item in the alternative Listing, in accordance with these Terms. If a owner cancelled a confirmed Booking and you, as a renter, have not received a Communication from chainrent, please contact chainrent.
If, as a owner, you cancel a confirmed Booking, you agree that chainrent may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking 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. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, chainrent may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons relative to extenuating circumstances. You agree that chainrent and the relevant renter or owner will not have any liability for such cancellations or refunds.
Resolution Center
Members may use the Resolution Center to send or request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the Resolution Center in connection with your chainrent Account, and chainrent Payments will handle all such payments pursuant to the Payment and Return Policies. When a Member agrees to provide services or amenities to another Member via the Resolution Center, both parties acknowledge and agree that they, and not chainrent, will be responsible for performing their respective obligations of any such agreements, that chainrent is not a party to such agreements, and that, with the exception of chainrent Payments’ obligations pursuant to the Payment and Return Policies, chainrent (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.
chainrent may, in its sole discretion, round up or round down amounts that are payable from or to renters or owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, chainrent will round up an amount of 102.00, and 101.00.
Some owners may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to aparticular cause or charity. We do not take any responsibility or liability for whether the owner does in fact make the donation he or shepledged to make. In such cases, the owner in question is responsible forhis or her own compliance with all laws and regulations applicable tosuch pledges and/or fund-raising.
You as a renter or owner are responsible for any modifications to a Booking that you direct chainrent Customer Service to make (“Booking Modifications“), and you agree to pay any item Fees, renter Fees, owners Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Taxes
Tax regulations may require us to collect appropriate tax information from our owners, or to withhold taxes from payouts to owners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US owners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US owners with at least one Listing in the US. You as a owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a owner 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 US owner and you fail to provide us with a completed IRS Form W–9), 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 owner 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. chainrent cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a owner, chainrent may issue a valid VAT invoice to such owner.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your item is located may require Taxes to be collected
Currency Conversion
chainrent’s online platform facilitates Bookings between renters and owners who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the chainrent platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payment and Return Policies.
As a renter, you are responsible for returning an item (including any personal or other property with an item) in the condition it was in when you received it. You acknowledge and agree that, as a renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to use, or otherwise provide access to, the item. In the event that a owner claims otherwise and provides evidence of damage (“Damage Claim“), including you agree to pay the total cost of replacement.
owners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable item. chainrent will use commercially reasonable efforts to address owners’ requests and claims related to Security Deposits, but chainrent is not responsible for administering or accepting any Damage Claims by owners related to Security Deposits, and disclaims any and all liability in this regard.
If a owner has a Damage Claim for a confirmed Booking, the owner can seek payment from the renter through the Resolution Center. The owner may escalate the Damage Claim to chainrent if the owner and renter are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If a owner escalates a Damage Claim to chainrent, you as a renter will be notified of the Damage Claim and given an opportunity to respond. If you as a renter agree to pay the owner in connection with a Damage Claim, or if chainrent determines, in its sole discretion, that you are responsible for damaging an item or any personal or other property located at an item, chainrent (via chainrent Payments) will collect any such costs from you and/or against the Security Deposit in accordance with the Payment and Return Policies. chainrent also reserves the right to otherwise collect payment from you and pursue any avenues available to chainrent in this regard in situations in which you have been determined, in chainrent’s sole discretion, to have damaged any item or any personal or other property located at an item.
Both renters and owners agree to cooperate with and assist chainrent in good faith, and to provide chainrent with such information and take such actions as may be reasonably requested by chainrent, in connection with any Damage Claims or other complaints or claims made by Members relating to items or any personal or other property located at an item (including, without limitation, payment requests made under the chainrent owner Guarantee) or with respect to any investigation undertaken by chainrent or a representative of chainrent regarding use or abuse of the Site, Application or the Services. If you are a renter, upon chainrent’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a owner, at no cost to you, which process will be conducted by chainrent or a third party selected by chainrent or its insurer, with respect to losses for which the owner is requesting payment from chainrent under the chainrent owner Guarantee.
Security Deposits, if required by a owner, may be applied to any fees due from a renter keeping an item longer than designated without the owner’s consent.
Renters agree that an approved Booking is merely a license granted by the Owner to the Renter to use the Listed item for the limited duration of the approved Booking and in accordance with the Renter’s agreement with the Owner. Renters further agree to return the Item no later than the checkout time that the Owner specifies in the Listing or such other time as mutually agreed upon between the Owner and Renter. If a Renter keeps an item past the agreed upon return time without the Owner’s consent, they no longer have a license to keep the Listed item and the Owner is entitled to make the Renter return the product. In addition, Renters agree that the Owner can charge the Renter, for each 24 hour period that the Renter keeps an item over the agreed period without the Owner’s consent, an additional daily fee of two times the average daily Item Fee originally paid by the Renter to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner to make the Renter leave (collectively, “Additional Sums“). ChainRent Payments will collect Additional Sums from Renters pursuant to the Payment and Return Policies.
User Conduct
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 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, zoning restrictions and 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; access or use our Site, Application, Services or the ChainRent API to use, expose, or allow to be used or exposed, any ChainRent Content: (i) that is not publicly displayed by ChainRent in its search results pages or listing pages before a Booking is approved; (ii) in any way that is inconsistent with the ChainRent Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of ChainRent’s users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies ChainRent endorsement, partnership or otherwise misleads others as to your affiliation with ChainRent; dilute, tarnish or otherwise harm the ChainRent brand in any way, including through unauthorized use of Collective Content, registering and/or using ChainRent or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to ChainRent domains, trademarks, taglines, promotional campaigns or Collective Content 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 ChainRent or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right to 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, 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 renting of items. “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 an ChainRent Renter or Owner; offer, as an owner, any Item that you do not yourself own or have permission to Book you will not list Items as an owner if you are serving in the capacity of an agent for a third party); offer, as an owner, any Item that may not be Booked pursuant to the terms and conditions of an agreement with a third party; register for more than one ChainRent Account or register for an ChainRent Account on behalf of an individual other than yourself; unless ChainRent explicitly permits otherwise, request or book any Item if you will not actually be renting the Item yourself; contact another Member for any purpose other than asking a question related to a Booking, Item, Listing, or the Member’s use of the Site, Application and Services; recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to ChainRent, without ChainRent’s prior written approval; recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval; impersonate any person or entity, 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 an owner or Renter and then complete a Booking of an Item independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to ChainRent’s provision of the Services or for any other reasons; as an owner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor; violate these Terms or ChainRent’s then-current policies and guidelines or standards; engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services; 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 (directly or by omission or failure to update information) 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; use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, ChainRent’s name, any ChainRent 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 ChainRent’s express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, ChainRent’s computer systems, or the technical delivery systems of ChainRent’s providers; attempt to probe, scan, or test the vulnerability of any ChainRent system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ChainRent or any of ChainRent’s providers 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; or accept or make a payment for Item Fees outside ChainRent Payments. 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 ChainRent harmless from any liability for such payment.
ChainRent has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, ChainRent may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or ChainRent Account, for a violation of this Section or these Terms.
ChainRent 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 ChainRent 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 ChainRent, its users, or members of the public. You acknowledge that ChainRent has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member
