Terms of Service
Last Updated: November 7th, 2019
Please carefully read these Terms of Service as they contain important information about your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.
Table of Contents
- Accepting These Terms
- Lender Responsibilities
- Renter Responsibilities
- Your Liability
- Privacy and Personal Information
- Linked Sites
- Allowable Items
- Ratings and Reviews
- Posting Content on Findable
- Fees and Commission
- Our Liability
- Cancellation of Listings and Bookings
Acceptance and general terms
I. Accepting These Terms
1.1. These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Findable (“Findable” as defined below) governing your access to and use of the Findable website, Online Medium or Content, and subdomains through which Findable users make items available (collectively, "Site"), our smart device applications for tablet and mobile or application program interfaces (collectively, "Application"), and all associated services (collectively, "Findable"). In use of Findable, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”). Please review these Terms carefully before using Findable. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE FINDABLE.
1.2. CAssist, Inc. dba Findable (findable.net) is a Delaware Corporation.
1.3. CAssist Inc. and on behalf of its subsidiaries (collectively, “Findable”, “we”, or “us”), is a platform designed to facilitate the rental of “anything”.
1.4. When you register for a Findable account (including when you register through a third party application or service) or otherwise access or use the Findable including for the listing or viewing listed items; you are accepting these Terms
1.5. When you agree to the Terms you agree that:
1.5.1. when using the Findable as a Renter, you promise to us that you will comply with the Renter's Rules; and
1.5.2. when using the Findable as a Lender, you promise to us that you will comply with the Lender's Rules
1.5.3. When using Findable as a Lender you promise not to attempt to rent items on our forbidden items list.
1.5.4. When using Findable as a Renter you promise not to attempt to rent items on our forbidden items list
1.6. For any help with using the Findable please see the Findable Help page at https://findable.net/help . If you have any further questions, complaints or comments about the Findable you may contact us using the page https://findable.net/contactII.
2.1. Findable is an online marketplace that connects Lenders and Renters. Findable is peer-to-peer where all items are directly between Lenders and Renters, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Lender or Renter. We also do not have control over:
2.1.1. The ability of Renters to rent or pay for the rental of any Items.
2.1.2. The truthfulness or accuracy of the listing photos, links, or details provided by the Lender
2.1.3. The ability of Lenders to rent and procure the items listed
2.2. When using Findable, know that there is no guarantee that the parties will comply with any terms of the applicable Rental Contract.
2.3. Findable is not liable for a User’s deceptive or fraudulent acts, voluntary parting of the item, theft of items, or any other loss caused by a User’s deceptive or fraudulent acts through Findable. Findable may, at our discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.
2.4. There is no guarantee that Lenders and Renters will follow the Findable rules as defined at https://findable.net/rules/ (*** UJL add lender and renter rules links here)
2.5. There is no guarantee that Lenders and Renters will follow the Findable will comply with any terms of the applicable Rental Contract.
2.6. Findable makes items available to renters made available by Lenders, all rentals are agreed upon by both the renter and the Lender at the time of booking acceptance by the Lender.
2.7. Some bookings, such as "instant rent", may be initiated without the explicit acceptance of the Lender. These bookings have the Lenders implied acceptance because the renter's ability to comply with the terms has been enhanced by verification of the renter's phone, email, and social account.
2.8. Any agreement for the rental of any items through the Findable is between the participating Lender and Renter.
2.9. The Findable rental rules attempt to provide a fair and predictable rental experience, Findable cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of users of Findable.
2.10. You acknowledge that in its capacity as an operator of the Findable and an intermediary in any transactions carried out through the Findable, Findable has the discretion to cancel any listing posted by a Lender, any request to rent an item submitted by a Renter, or any transaction, upon the provision of written and electronic notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the Renter Responsibilities or the Lender's Responsibilities.
2.11. You acknowledge that Findable may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
2.12. Nothing in the Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between Findable and any user.
2.13. If you breach the Terms and Findable takes no action against you, Findable reserves its rights to take action against you at a later date
2.14. The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Findable. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
2.15. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to CAssist Inc. dba Findable at 1671 Morgan St., Mountain View, CA 94043-1801. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Notices sent by email will be deemed received the following working day after they were sent.
Lender & renter responsibilities
III. Lender Responsibilities
3.1. When you agree as a Lender to lend an item to a Renter, you acknowledge that you are entering into a separate contract with the Renter and that such contract with the Renter includes a promise by you to comply with the Lender Responsibilities and these Terms.
3.2. You also acknowledge that the Renter is in no way acting under the control, or on behalf of Findable, that your agreement to lend any item to the Renter is solely with the Renter, and you agree not to make any claim or assertion that Findable is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Renter.
3.3. You agree that you are solely responsible for your compliance with the Lender Responsibilities, fully liable for any non-compliance with the Lender Responsibilities and any compensation due to the Renter in respect of any such non-compliance, including ensuring that the item offered for rental matches the description in your listing. You further acknowledge that Findable does not have: (i) any responsibility for your compliance with the Lender Responsibilities; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Renter for any breach of your agreement with the Renter in any way
3.4. You agree to post rules a reasonable person can follow while using the item without breaching the terms of the rental agreement
3.5. You agree not to hold Findable accountable due to loss of wages or loss of income related to a Renter's damage, loss, or misuse of your item.You agree not to change the rules associated with your listing after a renter has requested the item. You agree to notify the renter and allow them to re-submit their booking request.
IV. Renter (Finder) Responsibilities
4.1. When you agree as a Renter (Finder) to rent an item from a Lender, you acknowledge that you are entering into a separate contract with the Lender and that such contract with the Lender includes a promise by you to comply with the Lenders Rules and these Terms.
4.2. You agree to follow all rules posted by the Lender as shown in the item listing at the time of rental.
4.3. You also acknowledge that the Lender is in no way acting under the control, or on behalf of Findable, that your agreement to borrow any item from the Lender is solely with the Lender, and you agree not to make any claim or assertion that Findable is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Lender.
4.4. You are entirely responsible for providing proper security for the items in your possession.
4.5. You agree that you are solely responsible for your compliance with the Renter Responsibilities, fully liable for any non-compliance with the Renter Responsibilities and any compensation due to the Lender in respect of any such non-compliance, including the loss or damage to the item which you have rented. You further acknowledge that Findable does not have: (i) any responsibility for your compliance with the Renter Responsibilities; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Lender for any breach of your agreement with the Lender in any way.
4.6. When renting an items from a Findable user, you promise to reasonably protect the item from damage, loss, and unnecessary wear.
4.7. You agree to pay all fines, penalties, tolls, or expenses related to your use or possession of the item.
4.8. You agree to pay all add-on charges when applicable to your rental including but not limited to:
4.8.1. Excessive wear
4.8.2. Late fees as allowed in the item’s jurisdiction in the order below
126.96.36.199. Occupance location
188.8.131.52. Delivery location
184.108.40.206. Pickup location
4.9. You agree to return the item at the location and time specified when the Lender accepts your booking request. Failure to return the item on time may result in additional fees.
Liability, elligibility, and privacy.
V. Your Liability
5.1. As a Lender, you have the option to provide an Estimated Value of the item, this value as well as other factors is used to determine the
5.1.1. maximum liability agreed to by the renter when your item is booked
5.1.2. maximum value in case of loss or damage
5.2. As a Renter, by requesting to rent an item through the Findable , you are agreeing to that Estimated Value assigned by the Lender. If you do not agree with this Estimated Value, do not request to rent the item. If you do agree to this Estimated Value, you are agreeing to be liable for up to the full Estimated Value of that item, in the case of loss or damage while you are renting this item.
5.3. Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.
5.4. As a Lender, when listing an item for rental through the Findable , you must give true and accurate details of the condition of the item and detail what is included or noticeably absent.
5.5. As a Renter, by requesting to rent an item through Findable, you are responsible for having sufficient funds available to replace the item should you lose or damage the item. If you do not know how much the item is worth, please contact us at https://findable.net/contact and be sure to specify the listing number. If you do not have funds available for the approximate value of the item, do not request to rent the item.
5.6. We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or are unable to return it for any reason within 7 days of the return deadline.
5.7. You further acknowledge that as a renter, if you return the item after the Return Deadline (as defined in the Renter Responsibilities), we are entitled to charge you up to twice the full Rental Fee and Renter Commission for each additional day that the item is returned after the Return Deadline (for the avoidance of doubt, if the item is returned after the Return Deadline on the scheduled day of return, you shall be charged for a full additional day of rental). You further acknowledge that we may take the funds directly from your account to cover such charges, without seeking further permission from you. The Return Deadline is the time you agreed to return the item with the lender, or 12pm on the rental return date (whichever time is later).
5.8. In the event of a good faith dispute between the parties in relation to the Estimated Value of a particular item, Findable has the sole discretion to set an appropriate Estimated Value for that item, determined in good faith and taking into account the reasonable representations of the parties.
5.8.1. If you refuse to pay for any damage caused, or to pay any amount that you owe to Findable or a Findable user, for any reason, within the timeframe given to you by Findable, we will engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.
VI. Privacy and Personal Information
6.2. You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not receive such communications.
6.3. Findable will protect your “Confidential Information” including any and all information related to a party’s business that is labeled or identified as “confidential” or “proprietary”; or otherwise is of such a type or disclosed in such a way that a reasonable person would understand that the information disclosed is confidential or proprietary.
6.5. EEA Requirements. To the extent Customer Data is protected by, or otherwise regulated by, EU Data Protection Law, the terms set out in the Customer Data Processing Addendum [available at www.Findable.com/privacydpa/] shall form part of this Agreement.
6.6. Compelled Disclosure. If the recipient party is compelled by law to disclose Confidential Information of the disclosing party, it shall provide disclosing party with prior notice of such compelled disclosure, to the extent legally permitted, and reasonable assistance, at disclosing party’s cost, if the disclosing party wishes to contest the disclosure.
7.1. By using Findable you acknowledge that you are at least 18 years of age.
7.2. Findable currently operates within and is intended for users located within the United States.
7.3. We make no representation that Findable is appropriate or available for use outside the United States. Users who access Findable or any part thereof from outside United State do so at their own risk and are responsible for compliance with applicable local laws.
7.4. For the avoidance of doubt, Users accessing Findable from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, are advised that through their continued use of Findable, which is governed by U.S. law, consent to transferring their personal information to the United States.
7.5. By using Findable, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use Findable.
7.6. At our discretion, we may also change our eligibility criteria in our sole discretion.
7.7. Subject to your compliance with these Terms, we grant you a limited, non-transferable license to use Findable only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using Findable for your minor child). If you are signing up for Findable on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.
7.8. For users that will Deliver items rented by Findable renters, users must
7.8.1. have a valid driver’s license.
7.8.2. be willing to comply with the Findable member delivery rules http://Findable.com/terms/delivery.
7.9. in addition to the requirements above, Findable reserves the right to decline membership based on driving history or credit issues.
VIII. Linked Sites
8.1. Findable contains outbound links to other sites (“Linked Websites”) and are provided for convenience only. If you decide to leave Findable and access Linked Websites, you do so at your own risk and Findable will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website.
8.2. Inbound links to Findable are strictly prohibited in the absence of a separate linking agreement with Findable. Any website or other device that links to http://findable.net or any page available therein is prohibited from:
8.2.1. replicating Content
8.2.2. using a browser or border environment around the Content or attempt to embed Findable content
8.2.3. implying in any way that Findable or any of its affiliates are endorsing it or its products
8.2.4. misrepresenting any state of facts, including its relationship with Findable or any of its affiliates
8.2.5. presenting false information about FINDABLE products or services
8.2.6. using any logo or mark of Findable or any of its affiliates without express written permission from Findable.
Allowable items, termination, and reviews
IX. Allowable Items
9.1. While Findable is a platform where users can rent virtually anything, there are items that are not allowed including but not limited to:
9.1.1. Firearms or Weapons
9.1.2. Single use items that will lose their entire value or a significant value after each use
9.1.5. Autos of any kind (including cars, trucks, snowmobiles, all-terrain vehicles, RV’s or anything else motorized)
9.1.6. Vehicles that requires a license in the rental state or state of operation
9.1.7. Items that require training beyond without which a reasonable person would require in order to operate the item.
9.1.8. Items that require a physical ability beyond which a reasonable person would require in order to manipulate, move, erect, adjust, or operate.
9.1.9. Powered Watercraft of any kind (including Boats and Jet Skis)
9.1.10. Aircraft or items with an FAA identification number
9.1.11. Motorized blades, including, but not limited to chain saws, table saws, reciprocating saws
9.1.12. Medical Devices as defined at https://en.wikipedia.org/wiki/Medical_device
9.1.13. Alcohol, tobacco, guns, drugs and drug paraphernalia any controlled substance
9.1.14. Illegal items, items promoting illegal activity and highly regulated items
9.1.15. internationally regulated items
9.1.16. Pornography and / or mature content
9.1.17. Items that violate third party intellectual property rights
9.2. Policy decisions are complex, and though we will try and avoid this as much as possible, we reserve the right to remove any other items from the Findable if we feel that, for whatever reason, it is inconsistent with our values or the safety of our users.
10.1. Users are free to cancel their account at any time. You can simply choose to stop using the Finable Service at any time. In addition, you may also contact Findable through the following link: https://findable.net/contact and request that we deactivate your account.
10.2. Users who have an active booking will incur any applicable penalties or fees for canceling or ending existing bookings as defined in the rental agreement at the time of closing their account.
10.3. Findable may ban a user from the Findable if In the event that the user
10.3.1. becomes insolvent
10.3.2. fails to adhere to these terms
10.3.3. account appears to be hacked
10.3.4. when the user is already a banned user attempting to access Findable using a different account
10.3.5. is placed in receivership or equivalent status
10.3.6. files or is petitioned into bankruptcy or similar protection from creditors
10.4. You acknowledge that your use of the Findable is subject to Findable's discretion and Findable may, in the event of your breach of the Terms, at its sole discretion, withdraw your rights to use the Findable on the provision of written notice with immediate effect.
XI. Ratings and Reviews
11.1. Findable has no control over and does not guarantee
11.1.1. the truth or accuracy of Ratings, Reviews, or other Member Content
11.1.2. the performance or conduct of any Member or third party. Always exercise due diligence and care when deciding whether to rent or communicate and interact with other Members, whether online or in person.
11.2. When you have rented an item using the Findable, Findable encourages you to leave a review, as it helps Lenders build a good reputation, or warn other users about a poor experience.
11.3. You can leave a review by choosing a one to five star rating.
11.4. By leaving a review you acknowledge that:
11.4.1. your review and profile information will be publicly displayed on the Lender's listing and review pages;
11.4.2. your review will not contain:
220.127.116.11. private information
18.104.22.168. obscene, racist or harassing language or imagery
22.214.171.124. advertising or spam
126.96.36.199. content that will undermine the integrity of the review system of Findable
188.8.131.52. any attempt to manipulate reviews through threats, intimidation or bribery is considered extortion and is strictly prohibited on Findable. If you feel a review was left in error you may contact support and Findable may open a case on your behalf.
11.5. A Lender can leave you a review and you acknowledge that:
11.5.1. your review will be publicly displayed on your review page
11.5.2. any attempt to manipulate reviews through threats, compensation, discounts, intimidation or bribery is considered extortion and is strictly prohibited on the Findable.
11.6. Findable reserves the right to remove reviews that violate the Terms.
Listing items and fees
XII. Posting Content on Findable
12.1. You understand that you are solely responsible for any content that you post or otherwise submit to the Findable ("Your Content"). You represent that you have all necessary rights to Your Content and that publication of Your Content through the Findable will not infringe the rights (including intellectual property rights) of any third party. You agree to compensate Findable for any losses that Findable suffers as a result of any breach by you of any of the promises made by you in these Terms.
12.2. You acknowledge that Findable does not monitor or moderate content you submit. If Findable becomes aware that any of Your Content does not, in our reasonable opinion, comply with the Terms, you acknowledge that Findable may remove it, without liability.
12.2.1. Although Findable has rules for the posting and uploading of Your Content, the features of the Findable may be misused and sometimes Your Content can still be posted that is misleading or deceptive.
12.2.2. You should not therefore rely on any other user's content ("User Content") being accurate or complete.
12.2.3. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.
12.3. Permission to use Your Content
12.4. Findable does not accept ideas, concepts, or techniques for new services or products through the Website. If such Comments are received, you acknowledge that:
12.4.1. they will not be considered confidential or proprietary
12.4.2. Findable and its affiliates are under no obligation to keep such information confidential
12.4.3. Findable will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such comments in any manner it chooses.
184.108.40.206. When you post Your Content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools. In addition, you waive your right to be identified as the author of Your Content, to the fullest extent permitted by law.
12.4.4. Findable's use of third party information
220.127.116.11. We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other content) ("Third Party Material") to supplement Your Content. You may use such information solely in connection with Your Content during the time Your Content is displayed on the Findable (such permissions for use, being "Third Party Permissions"). Third Party Material may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Material (other than by including such Third Party Material in your listings). This permission is subject to modification or revocation at any time at our sole discretion, and we shall post on the Findable, any such modifications or revocations in respect of any Third Party Permissions.
18.104.22.168. You may not have the opportunity to review all of the Third Party Material before posting Your Content. We are not responsible for the accuracy of such Third Party Material.
22.214.171.124. If you notice inaccuracies in this Third Party Material after Your Content appears on the on the Findable please contact us at the following link: https://findable.net/contract
12.5. Continuing obligations
12.5.1. Finable has a reasonable expectation that you will maintain your listings with
126.96.36.199. up to date photos, descriptions, rules,
188.8.131.52. Scheduling availability
12.5.2. Findable reserves the right to remove content that
184.108.40.206. fails to rent in a 60 day period,
220.127.116.11. appears stale,
18.104.22.168. lacks photos or suitable description,
22.214.171.124. Lacks a correct address or location
12.5.3. Findable may disable or terminate accounts where
126.96.36.199. accounts appear to be compromised, or
188.8.131.52. credit card or bank accounts fail verification, or
184.108.40.206. phone verification fails, or
220.127.116.11. social verification fails, or
18.104.22.168. email verification fails
12.5.4. Finable may disable or terminate the Account, Booking, or Rental Listings for lenders who do not
22.214.171.124. login to Findable for 190 days
126.96.36.199. Lenders who fail to respond to 3 different renter inquiries in a 7 day period
12.5.5. Findable may disable or terminate the Account or Bookings for Renters who do not
188.8.131.52. login to Findable for two years,
184.108.40.206. have expired credit card or bank information
12.6. Reporting abusive, threatening, or infringing content
12.6.1. If any of the content posted or submitted to the Findable by another user makes you feel threatened, or abused, or if you believe any such is offensive or otherwise breaches the Terms, please contact Findable through the following link: https://findable.net/contract
12.6.2. Rights of Findable to remove content from Findable
12.6.3. Without limiting any other remedies, Findable may, without notice or delay: (i) immediately remove (or instruct you to remove) content from the Findable; (ii) temporarily or indefinitely prevent you from adding further content to the Findable; (iii) cancel a request to borrow or an offer to lend a particular item; (iv) prohibit your access to the Findable permanently or temporarily, if Findable reasonably believes that:
220.127.116.11. you have breached any of these Terms;
18.104.22.168. you are acting inconsistently with the spirit of the Findable or our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Findable employees or other users);
22.214.171.124. you have engaged in improper or fraudulent activity, or your actions may cause legal liability or financial loss to Findable or users of the Findable;
126.96.36.199. items are listed against incorrect or inaccurate content;
188.8.131.52. you have been undertaking Fee Avoidance; or
184.108.40.206. it is required to do so by applicable law or to protect the interests of the other users of the Findable.
XIII. Fees and Commission
13.1. On each occasion that a transaction between a Lender and Renter for the rental of an item on Findable:
13.1.1. as a Lender, you agree to pay to Findable a commission of 5-20% of the Rental Fee ("Lender Commission"); and
13.1.2. as a Renter, you agree to pay to Findable a commission of up to 0% of the Rental Fee ("Renter Commission"), (together, the "Findable Commission")
13.2. If, as a renter, you submit a request to rent a particular item and that request is approved by the Lender, you will be charged the full Rental Fee plus the Renter Commission if any. The "Rental Fee" means the rate you have agreed to pay to rent the item multiplied by the number of days, hours, or weeks that you have agreed to rent the item.
13.3. As a Lender, you will receive the Lender Fee due to you 24 hours after the scheduled start of the rental. The “Lender Fee” means the Rental Fee LESS the Findable Commission.
13.4. Payments made through the Findable are processed by Stripe. You can read their full terms and conditions here.
13.5. Payment processing services for lenders on Findable are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a lender on Findable, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Findable enabling payment processing services through Stripe, you agree to provide Findable accurate and complete information about you and your business, and you authorize Findable to share it and transaction information related to your use of the payment processing services provided by Stripe.
13.6. You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Findable.
13.7. Our fees are payable in United States Dollars, and we may change them with prior notice. We may also choose to charge different fees based upon the category, durability, or type of product. We’ll notify you of changes to our fee policy by posting such changes on the Findable and will also send an email to the address registered to your account. We may also choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We shall give prior notice of these promotional events and new services by posting details on the Findable and will also send an email to the address registered to your account.
13.8. You also agree that where you have contacted a particular user through the Findable, you shall not complete that transaction or any others otherwise than using the Findable, or engage in any other practice which may avoid or lower the amount of Findable Commission that would otherwise have been payable had the transaction been completed using the Findable ("Fee Avoidance"). In the event of engagement by any user(s) in any Fee Avoidance, such user(s) shall indemnify and hold harmless Findable in respect of any losses suffered by Findable as a result of such Fee Avoidance. Or in the event that you attempt to engage a user you met through the Findable in a rental or transaction that does not use the Findable, you are liable to pay a fine of up to $300 as a penalty for doing so, regardless of whether your attempts are successful or not.
13.9. You also agree to not attempt to assign potential rents to a 3rd party in order to lower or bypass Findable commission.
13.10. You agree that if you attempt to bypass Findable payments or Findable commission that
Our liability, bookings & cancellations, and disputes
XIV. Our Liability
14.1. Nothing in these Terms shall limit the liability of Findable for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.
14.2. You have certain rights under the law. These include that we will provide the Findable to you with reasonable skill and care. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights which you may also be entitled, for example to damages or specific performance. For more information about your legal rights contact a legal professional.
14.3. Under no circumstances shall Findable be liable or responsible for the acts or omissions of any third party or user who uses the Findable (including any third party with whom you enter into a transaction through the Findable ). Findable is acting as an intermediary only in respect of any transaction concluded by parties introduced to each other through the Findable for the rental of any item listed on the Findable and accepts no liability for the performance of either party (i.e. Renter or Lender) in relation to any such transaction.
14.4. Without prejudice to section 10.3 above, Findable is not responsible for:
14.4.1. losses not caused by our breach;
14.4.2. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by at the time of entering into this agreement, (for example loss of profits, lost wages, or loss of opportunity);
14.4.3. User Content to the extent that such content is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law
14.4.4. failure to provide the Findable or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our Control.
14.5. For the purposes of section 14.3, "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Service or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
14.6. Other than for breaches of implied statutory terms described in paragraph 10.2 above, Findable's total liability to you for any loss or damage arising in connection with your use of the Findable shall be limited to one hundred United States Dollars ($100)
14.7. You acknowledge that we cannot guarantee continuous, error-free or secure access to the Findable or that defects in the Findable will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of the Findable.
14.8. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.
XV. Cancellation of Listings and Bookings
15.1. If you, as Renter, request to borrow an item, you may subsequently cancel your request to borrow that item, without any charge or liability by notifying Findable, provided such cancellation is effected:
15.1.1. at any time prior to that request being accepted by the Lender; or
15.1.2. subject to section 15.1.1 below, within 48 hours of submitting that request.
15.1.3. If you have prepaid any amounts in consideration for any transaction which you cancel within the terms of section 1, you will be entitled to a refund of such fees.
15.1.4. Notwithstanding section 3 above, if you, as a Renter, cancel a request (which has been approved by the Lender) you shall not receive a refund of the amounts otherwise charged (including both Rental Fee and Renter Commission).
15.2. If you, as Lender, list an item for rental, you may subsequently cancel your listing of that item for rental, without any charge or liability:
15.2.1. at any time prior to approving a request from a Renter to borrow an item; or
15.2.2. subject to section 9 below, within 48 hours of approving a request to borrow an item by the Lender.
15.2.3. Notwithstanding section 3 above, if you, as a Lender, cancel the listing of an item (in respect of which, you have accepted a request from any Renter to borrow) for rental, or cancel any acceptance of a request from a Renter to borrow an item within the 48 hour period immediately prior to the scheduled start of the rental period for that item, you shall be liable to pay a cancellation charge to Findable, which is calculated as an amount equal to 30% of the Rental Fee.
15.2.4. In the event that the Lender pays a cancellation charge to Findable in respect of a particular cancelled transaction, Findable may credit the account of the Renter, as appropriate) an apportionment of any cancellation fee received, where Findable, at its sole discretion, deems this appropriate.
15.3. If Findable believes that you intend to cause harm to any items you rent through the platform, or believe you are renting with intent to steal; we reserve the right to cancel your rental immediately and without warning, and charge you an appropriate sum. This sum will up to but not more than the total value of the items in question. It is at Findable's discretion to determine what is an appropriate sum in each instance.
16.1. If you have a dispute with one or more Findable users, you release us (and our officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
16.2. Notwithstanding section 1, if a Renter and Lender are unable to resolve a dispute, Findable will use reasonable efforts to mediate in respect of such dispute and, without prejudice to its rights set out under these Terms, may choose to deduct monies up to the estimated value of a particular item from the account of the Renter to compensate the Lender following loss or damage of a particular item that has been rented as part of the transaction. Findable will also charge a fee of 30% of the amount charged on top of any monies collected in order to cover the service of acting as a mediator.
16.3. Disputes between you and Findable
16.3.1. If the unlikely event of a dispute arises between you and Findable, we strongly encourage you to first contact us directly to seek a resolution by going to the Findable Contact page https://findable.net/contact. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
16.3.2. If you wish to take court proceedings against us you must do so within the country and locality where you live, and only the law of that country and locality will apply.