Terms and Conditions of Use

Last Modified: July 23, 2019

 

Traveling munchkin Inc. ("we", "us" or "our") is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website and online product rental marketplace, hosted at https://www.travelingmunchkin.com and related domains and subdomains (collectively the “Traveling Munchkin Marketplace”) and other good and valuable consideration, you agree as follows:

 

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of the Traveling Munchkin Marketplace. Unless expressly indicated, all provisions in these Terms apply to you whether you are acting as a host renting out your goods (“Host(s)”) or a renter who rents goods from a Host (“Renter(s)”).

 

By using the Traveling Munchkin Marketplace and accepting these Terms, you, the user ("you" or "your"), represent and warrant that (a) you are at least the age of majority in your Canadian province; and (b) you have read and understand these Terms and agree to be bound by them.  

 

If you are using the Traveling Munchkin Marketplace on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Traveling munchkin Inc.

 

PART I: GENERAL

 

Privacy

 

We collect and use your personal information in accordance with our privacy policy, available online at https://www.travelingmunchkin.com/privacy. By using the Traveling Munchkin Marketplace, you consent to such processing and you represent to us that all information provided by you is accurate.

 

About the Traveling Munchkin Marketplace

 

The Traveling Munchkin Marketplace allows independent Hosts to rent gently used baby products to Renters.  We do not host or rent any of the products listed on the Traveling Munchkin Marketplace ourselves.  The Traveling Munchkin Marketplace is a peer-to-peer online marketplace only, designed for the purpose of connecting users and facilitating the rental of their goods and payment with a third-party payment processor. 

 

While basic rental terms are established between users in these Terms and on the Traveling Munchkin Marketplace (such as rental duration, price and pickup or drop-off location), you are welcome, whether acting as a Host or a Renter, to create your own additional rental terms or rental agreement between you and the other user. To the extent there is a conflict between any such additional terms and these Terms, you agree that these Terms shall take precedent.

 

While Hosts may rent products made by various manufacturers and brands, we are not affiliated with or endorsed by any manufacturer, retailer or brand.

 

Establishing an Account on the Traveling Munchkin Marketplace

 

You may browse the public facing sections of the Traveling Munchkin Marketplace without establishing an account or providing us with any personal information. However, to list your goods or to rent goods on the platform, you will be required to register for an account, either as a Host or a Renter. In order to register an account, you will be required to provide us with:

 

  • Your full legal name (as displayed on your government identification);

  • An email address, which you alone control;

  • A mailing address; and

  • Such other account information listed on our website and in our privacy policy.

 

If you are applying to be a Host you agree that we may conduct an interview with you via Skype, video conference or in-person to communicate to you how our platform works and what is expected of you when using the Traveling Munchkin Marketplace. We may also require that, in addition to agreeing to these Terms, you sign and agree to the terms a release of liability, waiver of claims, assumption of risk and indemnity agreement (the “Release”) which, among other things, releases us and our directors, officers, employees, agents and contractors from any and all claims related to your use the Traveling Munchkin Marketplace. You may decline the Release, however, your account will be terminated. The Release is intended to supplement and be read in conjunction with the disclaimers of risk, limitation of liability and indemnification provisions in these Terms.

 

As we rollout our platform and make it available in different jurisdictions, we may restrict or limit access to the Traveling Munchkin Marketplace to Hosts who are located within a specific geographical area.

 

You represent and warrant that all account information you provide to us, whether online, via email, text message, video conference or in-person, is accurate and not misleading.

 

Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Traveling Munchkin Marketplace and your account in accordance with these Terms, but reserve the right to revoke the license and your access to the Traveling Munchkin Marketplace at any time. We may also deny account applications or suspend accounts without reason, justification or cause.

 

If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. You may only register for one account and upon setting up your account, you will be required to create a username and password.  For security reasons, you agree to use a unique password which you do not use on any other website or online service. You are responsible for safeguarding the password you use to access the Traveling Munchkin Marketplace and you agree not to disclose your password to any third party.  You are responsible for any activity on your account, whether you authorized that activity or not.

 

PART II: HOSTING AND RENTING PRODUCTS

 

Listing Products

 

As a Host, you can create new listings and manage existing product listings on the Traveling Munchkin Marketplace from within your account. If your account is approved, in order to list products for rent, you will be required to:

 

  • Upload photos of your products;

  • Upload an accurate description of the products and their current condition;

  • Specify your rental rate for your goods;

  • Specify terms applicable to the drop-off or pick-up of the goods (location, timing etc.); and

  • Specify the dates your products are available to be rented.  

 

By posting a listing, you represent and warrant to us and prospective Renters that (i) the description of your goods is accurate and not misleading and that you lawfully own the goods; (ii) the goods are authentic and not fraudulent; (iii) the good have been inspected by you for damage, safety concerns or irregularities and cleaned prior to the rental period commencing; and (iv) the photos you upload are your own and reflect the current state of the goods being rented. You are not permitted to upload images of your goods taken from other online sources or supplied by a manufacturer, retailer or any other third party unless you have a legal right to use such images.

 

As a Host, in order to list your goods for rent they must (i) be in excellent condition (reasonable wear is acceptable so long as they are safe and your product images reflect the current condition of the goods); (ii) be authentic and not manufactured or made in breach of any third-party’s intellectual property rights; (iii) have been purchased new and only previously used by your own children; and (iv) fully comply with all laws, rules and regulations in Canada, and be able to be lawfully sold within Canada and each province where you intend to use or rent such goods.

 

For car seats, only goods that were manufactured less than five (5) years ago can be listed on the platform.  It shall be the Hosts responsibility to ensure any car seats manufactured more than five (5) years ago are removed from the platform.  Proof of who the manufacturer is, and the date of manufacture, must be uploaded by Hosts for all car seats. Hosts can do so by taking a photo of the date of the manufacturing sticker along with make and model.

 

Each Host will have access to our portal for tutorials on how to inspect each product after use for safety. We also have an online forum for you to interact with and ask questions from other users. Notwithstanding your access to such tutorials and online forums, it shall be your responsibility to ensure the goods you rent on the platform, as a Host, are safe and fit for their intended use.

 

We prohibit the use of counterfeit goods on the Traveling Munchkin Marketplace and will comply with all applicable laws pertaining to the trafficking of counterfeit goods. You agree that we may report to the applicable authorities on any goods or images of goods you upload if we reasonably believe such goods are fraudulent, attempting to be rented in breach of a third-party’s intellectual property rights or are otherwise illegal. This includes providing your name and personal information to law enforcement authorities and the owners of intellectual property rights which we reasonably believe you may be infringing or attempting to infringe.

 

Following the completion of your product description and uploading your product images, we or a prospective Renter, may request that you provide additional information. In order to prevent fraud and to facilitate claims against you related to your goods or goods you rent from other users, we may also require that you confirm your identity and address by providing a copy of your driver’s license or other government issued identification.

 

While we do not actively monitor or review all product listings, however, we reserve the right to remove any listing or product images you upload to the Traveling Munchkin Marketplace if we reasonably believe they are misleading, fraudulent or otherwise do not conform with our product listing requirements, as updated and amended from time-to-time in these Terms and on our website. Our product listing requirements, which you agree to comply with as a Host, are posted in-part in these Terms and in-part on our website at https://www.travelingmunchkin.com. We may update and revise our product listing requirements at any time.

 

We may also reject, cancel or terminate any order placed on the Traveling Munchkin Marketplace, including accepted orders, for any reason, including to protect Renters where we reasonably believe a Host has posted inauthentic goods, or good which do not comply with our listing requirements.

 

As the Traveling Munchkin Marketplace merely facilitates the rental of goods between Hosts and Renters, we do not represent or warrant that product descriptions, images or other content uploaded on the Traveling Munchkin Marketplace are accurate, complete or error-free. Accordingly, you accept all risks associated with another user posting misleading or fraudulent information or hosting goods which otherwise do not comply with our product listing requirements. See the section below entitled “Acceptance of Risk and Disclaimers” for details.

 

Delisting Your Goods

 

As a Host, you may elect to remove your goods from the Traveling Munchkin Marketplace at any time so long as they have not been rented. We strongly encourage Hosts not to cancel reservations, as doing so may cause great inconvenience for Renters, and negative reviews. If, however, you have an extraordinary circumstance and need to cancel an agreed upon rental, please reach out to us at info@travelingmunchkin.com for us to determine whether a transaction can be terminated.

 

Placing an Order and Forming a Rental Agreement

 

All orders must be placed on Traveling Munchkin Marketplace using your own account. Products available for rent from various Hosts are shown with dates of availability, quantity, location serviced and delivery options. All users, once you establish an account, will have access to view each user’s profile, and message questions to one another concerning rental goods.

 

While the terms of the agreement between Hosts and Renter are, in-part, set out in these Terms and in-part may be agreed upon directly between the Host and Renter, you agree that when you rent goods to or from another user on the Traveling Munchkin Marketplace you are entering into a contract directly with that other user. You agree that while you are bound by these Terms with us, we are not, and do not become, a party to any rental agreements in which you agree to rent goods to or from another user.

 

Hosts are permitted to revise their rental rates and pricing information any time prior to an order from a Renter.  When a Renter submits an order, the order is subject to the Host’s right to decline the order within twenty-four (24) hours of it being placed.  This allows Hosts to confirm their goods are still available for rent.  Thereafter, you agree that a rental agreement is formed directly between the Host and Renter, based upon the terms of this agreement, the Host’s listing information and any subsequent terms the Host and Renter agree upon in their correspondence or on the Traveling Munchkin Marketplace.

 

Once a rental agreement is formed, the Renter agrees to pay all fees and taxes specified in these Terms and in the corresponding product listing, and to return the rented goods at the times specified on the Traveling Munchkin Marketplace or as otherwise agreed upon with the Host.

 

Our Service Fees

 

While listing goods for rent on the Traveling Munchkin Marketplace is free, in the event an order is placed we charge and deduct a 20% fee, plus HST or other applicable sales taxes, from the rental price of each order, including any fees payable by a Renter for their failure to return goods, whether within the allotted time period or at all. Our fees are deducted from payments we receive from the Renter prior to us releasing the balance of the rental price to each Host.

 

Credit Card Pre-Authorization

 

As a Renter, you agree that we may pre-authorize your credit card for the estimated fair market value of the goods you rent to ensure your credit card has sufficient credit to charge the applicable rental fees, taxes and/or penalties applied for either the late return of goods, or failure to return goods.

 

Taxes

 

You agree to pay all sales taxes applicable to this agreement or arising in any way from the rental of products and our online service provided via the Traveling Munchkin Marketplace.

 

As a seller, you are responsible for declaring and paying income tax, if any, on income you earn as a result of renting your goods and using our Traveling Munchkin Marketplace. You are also responsible for collecting and remitting sales taxes, including HST, if applicable to you.

 

You agree that we shall not be liable for withholding or remitting any taxes on your behalf and that your participation on the Traveling Munchkin Marketplace does not constitute any form of partnership between you and us.  Accordingly, you waive the application of the Partnerships Act, RSO 1990, c P.5 in Ontario and any successor legislation or similar legislation in any other jurisdiction which may deem a partnership to exist by operation of law. You agree that we are independent contracting parties and if you are a Host, you are operating your own independent business by renting your goods to other users and shall comply with all applicable laws, rules and regulations in doing so.

 

Payments from Renters to Us

 

All payments for the rental of goods and the payment of our fees on the Traveling Munchkin Marketplace are paid to us. We use a third-party payment processor, Stripe, Inc. and their related and affiliated entities, including such related and affiliated entities operating in Canada (collectively “Stripe”), to process payments from Renters and to Host. Although we may host or embed their forms on the Traveling Munchkin Marketplace, when you provide your payment details (such as credit card information), you are providing them directly to Stripe. You consent to their collection and use of your personal information in doing so.

 

While we will have access to view portions of your payment information and transaction details via Stripe,  we do not collect or store your full credit card number. You acknowledge that Stripe may have their own terms and conditions and privacy practices that apply to you and your personal information.

 

Payments from Us to Hosts

 

After deducting our fees and taxes in accordance with these Terms and subject to a refund being processed in favour of the Renter, we release the balance of the fees paid by the Renter, typically within seven (7) to ten (10) days of the end of the rental period.

 
Transfer of Risk

 

Title to and ownership of goods rented on the Traveling Munchkin Marketplace shall always remain with the applicable Host.  However, risk of damage or loss to a Host’s goods shall be the Renter’s responsibility during the duration of the rental, commencing when the goods are placed into their possession by the Host, and terminating upon their return to the Host.  Without limiting the foregoing, you, as the Renter, are responsible for any loss, theft or damage to the rented movable property, including but not limited to, if the loss or damage was caused by:

 

  • corrosion, rust, rodents, insects, vermin, dampness of atmosphere, staining or freezing;

  • artificially generated electrical currents to electrical appliances or devices (including wiring);

  • attempting to fix, adjust or service the rented movable property deemed to be damaged;

  • neglect to use all reasonable means to save and preserve the rented movable property at and after any disaster, or when you have notice of an impending disaster;

  • a criminal or willful act or omission;

  • any act committed or conspired to commit with the intent to cause loss or damage to the rented movable property;

  • any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants; or

  • seizure or confiscation for breach of any law or by order of any public authority.

 

Usage of Rental Goods, Cleaning and Repair Fees

 

Rental goods must be returned in the condition they were received.  As a Renter, you agree:

 

  • Not to allow food or beverage in any rental goods other than high chairs or booster chairs;

  • Not to allow smoking near the goods; and

  • If any rental goods are not reasonably clean on return, for example they smell or there are visible signs dirt, stains or other cleanable damage,  you may be charged a per-item cleaning fee, which would be applied in our sole discretion upon reviewing photos of the condition of the goods on their return. 

 

If any rental goods are damaged and repair is reasonably feasible, you will be charged, and your credit card will be billed, a reasonable amount for the repair.

 

If any rental goods are lost, stolen, or otherwise not returned, or the goods are destroyed (i.e., repair is not reasonably feasible), you will be charged and your credit card will be billed for the fair market replacement value of the goods plus any shipping costs incurred by the Host in connection with replacement of the goods. If you are required to pay any fees for cleaning, repair, or replacement of the goods, the Host will notify you and we will charge the credit card associated with your account.

 

While it is your responsibility, as a Renter, to immediately pay for any applicable damages, lost or stolen goods in accordance with these Terms, if an insurance policy or insurance coverage was purchased, or required to be purchased by a Host, which provided coverage for lost or damaged  goods, as a Host, you agree to refund to the applicable Renter any amounts the Renter paid in connection with the loss, theft or damage to the rental goods (i) upon the insurer approving and paying your claim; or (ii) our assessment that coverage would have applied had you duly purchased the required insurance coverage; and (iii) only to the extent of the dollar value of such insurance coverage.  

 

In the event a Renter fails to pay for such damaged, lost or stolen goods, you, as the Host, may retain all amounts paid to you by the insurer in respect of the corresponding rental transaction.

 

As a Host, you agree that we shall not be liable or responsible to you in the event we fail to, or are unable to collect any such fees, replacement costs or other amounts from a Renter who caused any such loss, damage, cleaning or replacement fees in relation to your goods.

 

Host’s Obligation to Obtain Commercial Liability Insurance

 

AS A HOST, YOU AGREE THAT PRIOR TO RENTING ANY GOODS ON THE TRAVELING MUNCHKIN MARKETPLACE, YOU MUST OBTAIN A COMMERCIAL LIABILITY INSURANCE POLICY WITH A MINIMUM COVERAGE AMOUNT OF CAD $1,000,000, AND MAINTAIN THE POLICY AT ALL TIMES WHILE YOU HOLD AN ACCOUNT ON THE TRAVELING MUNCHKIN MARKETPLACE.   We may require that you provide a certificate or other proof of insurance to continue to hold your account. We may also suspend or terminate your account if you fail to provide such proof of insurance.

 
Host’s Obligation to Obtain Product Insurance

 

To protect a Host’s goods from certain types of damage or loss, most transactions on the Traveling Munchkin Marketplace require the addition of an insurance fee during the checkout and invoicing process.

 

While the Traveling Munchkin Marketplace facilitates adding insurance fees during the rental checkout process,  we do not obtain the insurance coverage ourselves.   As a Host, unless indicated otherwise on the Traveling Munchkin Marketplace, you will be required to establish an account with and obtain insurance coverage, to protect your own goods during each rental period, with ‘duuo’.  Insurance products and services branded with “duuo” are offered by Co‑operators General Insurance Company and their affiliated and related entities, see https://www.duuo.ca for details. For each of your rental transactions, it shall be your responsibility, as a Host, to obtain the applicable insurance coverage for your goods directly from the Co‑operators General Insurance Company, for the duration of the rental period. 

 

DISCLAIMER: WE DO NOT OBTAIN INSURANCE THAT COVERS LOSS OR DAMAGE TO A HOST’S GOODS. It is the Host’s responsibility to obtain insurance via ‘duuo’ for each rental transaction.   As a Host, if you fail to obtain the corresponding insurance policy directly from ‘duuo’, you assume all risk of loss and damage to your goods and acknowledge there is no other coverage protecting your rental goods.

 
Cancellation and Refunds

 

As a Renter, you may cancel all or any portion of a scheduled rental up to three (3) days before the rental date and receive a refund of all applicable fees except our twenty percent (20%) service fee, as specified above. If you cancel all or any portion of a scheduled rental two (2) days before the rental date, you will receive a refund of fifty percent (50%) of all applicable rental fees, except our service fee.   If you cancel all or any portion of a scheduled rental the day before or day of delivery, there are no refunds and all fees specified for the rental will remain payable.

 

Notwithstanding the forgoing, if you cancel all or any portion of a scheduled rental that was to occur during the week of Canadian Thanksgiving, the week before Christmas, the week of Christmas, or the week after Christmas, (i) at least fourteen (14) days before the rental date, you will receive a refund of all applicable fees except our service fee, (ii) at least seven (7) days before the rental date, you will receive a refund of fifty percent (50%) of all applicable fees except our service fee, or (iii) if you cancel all or any portion of a scheduled rental less than seven (7) days before delivery, there are no refunds and all fees specified for the rental will remain payable. [SV2] 

 

Refunds will be granted in the event a Host cancels or fails to provide their goods in accordance with the terms of their rental listing or these Terms. For example, refunds may be granted if (i) the goods rented by a Host do not conform with the description and images provided by the Host on the Traveling Munchkin Marketplace or are defective; (ii) we reasonably conclude that the goods are inauthentic or otherwise violate these Terms or our policies; or (iii) the Host fails to provide their goods to the Renter in accordance with the terms specified between the Host and the Renter, such as making the goods available at the drop-off or pick-up location at the date and time specified. Otherwise, all rental transactions are final and there are no refunds. After goods have been delivered to a Renter, and subject to the provisions above, there are no other grounds, nor shall we be obligated to facilitate a refund, for any amounts paid by a Renter.

 

While we may not grant a full refund, where a Host fails to deliver goods or make them available within the time period specified, it is agreed that we may use our discretion to apply a discount to the rental period, where we view it to be fair and reasonable, in our sole and absolute discretion. 

 

If you are a Host, you agree that we may cause a refund or discount to be applied in respect of any rental transaction with a Renter in accordance with these Terms.

IMPORTANT REFUND DEADLINE: To raise a complaint and commence the refund process, you must email us within twenty-four (24) hours of your scheduled rental period commencing. Your email must specify one or more of the above reasons in which you are requesting the refund.

 

We will make a determination as to whether a refund will be processed based on the information supplied by both Host and Renter by deadlines we may impose after the complaint is raised. Our refund determinations are final and you agree that pending our determination, we may either (i) refund the purchase price in full after the Renter has returned the goods to a Host (if applicable); or (ii) deem the rental transaction to have duly concluded and not process the refund.

 

You agree that any dispute or claim you have arising from our refund determination or otherwise shall be brought only against the other user, whether as Host or Renter, and not us. You further agree that once we release payment to the applicable Host, the transaction is complete and any claim you may have thereafter, as a Renter, shall only be directly against the Host.

 

You agree that we may set-off any debts due and owing to you with amounts we may owe you. 

 

IMPORTANT TIP FOR RENTERS: To facilitate returns and help us make a determination as to the eligibility for a refund, take a photo or video of the condition of the goods immediately upon your receipt of the goods and include timestamp either in the image or in the image’s metadata.

 

IMPORTANT TIP FOR HOSTS: To protect against Renters making fraudulent claims as to the condition of your goods, take a photo or video of the condition of the goods at the time of delivery and include timestamp either in the image or in the image’s metadata.

 

Reviewing other Users

 

Upon the completion of rental transactions, you will be asked to review each Host and each Renter you interact with on the Traveling Munchkin Marketplace. You agree to only leave authentic review which reflect your actual experience. We may remove reviews which we deem, in our sole and absolute discretion, to be inauthentic, defamatory, or otherwise in breach of our User Content rules (below). Users who receive a rating of eighty percent (80%) or less, after having completed two (2) or more rental transactions, may have the accounts suspended or removed by us.

 

Payment Holds and Chargebacks

 

We reserve the right to withhold payment to a Host pending the resolution of any refund claim or complaint raised by a Renter.

 

You agree that as a Host, you shall be fully liable and responsible for any chargebacks processed by our payment processors, credit card providers, banks or other third party. In the event we provided you with your payout and a chargeback is subsequently processed, you agree to return the applicable payout funds to us. In no event will we be liable or responsible for any chargebacks processed in favour of a Renter or other third party.

 

PART III: ACCEPTABLE USE OF THE TRAVELING MUNCHKIN MARKETPLACE

 

You agree to use our website and the Traveling Munchkin Marketplace in accordance with the following acceptable use and code of conduct guidelines.  You agree that you:

 

  1. Will not list for rent any products which are unsafe, the subject of a product recall, are in-authentic, expired or which otherwise may cause damage or loss to a Renter or us; 

  2. Will not list for rent any products which cannot be lawfully sold in Canada, including all provinces and territories therein;

  3. Will not remove any safety labels or warnings from any products you rent;

  4. Will include all instruction manuals or reference to the instructions posted by the product manufacturer online for each rental transaction you make involving car seats, booster seats and travel cribs. You further agree to provide instruction manuals for all other products you rent where they are requested by the Renter;

  5. Will not misrepresent the condition of the products you rent, or the ages for which the products are intended to be used;

  6. Will not upload, copy, distribute, share, or otherwise use content or messages that are unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;

  7. Will not disclose personally identifiable information belonging to others unless authorized to do so;

  8. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;

  9. Will not use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Traveling Munchkin Marketplace for any purpose;

  10. Will not register for more than one account on the Traveling Munchkin Marketplace;

  11. Will not use the Traveling Munchkin Marketplace in a way that has any unlawful or fraudulent purpose or effect; and

  12. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Traveling Munchkin Marketplace.

 

Meeting In-Person

 

You agree that when meeting with other users in-person to facilitate a rental transaction, or for any other purpose, that you will be civil, polite and respectful. In particular, you agree that you will be respectful of each other users’ time.  You agree that you will do your best to be on time for in-person meetings to pick-up or drop-off rental goods. If you are running late, let the other user know. If you have any trouble with rental goods, or if rental goods are lost, stolen, damaged, or destroyed, use the Traveling Munchkin Marketplace messaging system to let the Host know. If another user contacts you with a question, do your best to answer promptly.

 

PART IV: ACCEPTANCE OF RISK AND DISCLAIMERS

 

WHILE HOSTS ARE REQUIRED TO COMPLY WITH THESE TERMS AND OUR PRODUCT LISTING REQUIREMENTS, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES THAT HOSTS, WHO OPERATE INDEPENDENTLY ON THE TRAVELING MUNCHKIN MARKETPLACE, HAVE IN FACT COMPLIED WITH ALL SUCH REQUIREMENTS.

 

EVERYTHING ON OUR WEBSITE, SOCIAL MEDIA CHANNELS AND THE TRAVELING MUNCHKIN MARKETPLACE, INCLUDING ALL PRODUCTS AVAILABLE FOR RENT FROM HOSTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM US, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES AS TO THE SAFETY OR AUTHENTICITY OF ANY GOODS FOR RENT ON THE TRAVELING MUNCHKIN MARKETPLACE. WHEN YOU RENT GOODS, YOU ARE RENTING THEM FROM ANOTHER USER OF THE TRAVELING MUNCHKIN MARKETPLACE AND RELYING ON THEM TO DELIVER SAFE AND AUTHENTIC GOODS.

 

AS BOTH A HOST AND A RENTER, YOU SHOULD INSPECT ALL RENTAL GOODS PRIOR TO DELIVERY OR TAKING THEM INTO YOUR POSSESSION. YOU ARE ENCOURAGED TO TAKE PHOTOS, AT THE TIME OF DELIVERY OR ACCEPTNCE OF THE GOODS, TO DOCUMENT THEIR CONDITION.

 

IF YOU HAVE CONCERNS ABOUT THE SAFETY OR AUTHENTICITY OF A HOST’S GOODS, YOU ARE ENCOURAGED TO TAKE SUCH MEASURES YOU DEEM REASONABLE WITH THE HOST TO CONFIRM THE PRODUCTS ARE SAFE AND AUTHENTIC. YOU SHOULD DO ADDITIONAL RESEARCH ON THE PRODUCT AND THE PRODUCT MANUFACTURER TO CONFIRM THERE ARE NO OUTSTANDING PRODUCT RECALLS AND THAT THE MANUFACTURER HAS OBTAINED ALL REQUIRED SAFETY CERTIFICATIONS, IF ANY.

 

IF WE CHOOSE TO CONDUCT AN AUDIT, IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY HOST OR REVIEW A HOSTS PRODUCTS AND RENTAL PROCEDURES, WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS OR AUDITS WILL IDENTIFY PRIOR MISCONDUCT BY A HOST OR GUARANTEE THAT A HOST WILL NOT ENGAGE IN MISCONDUCT OR A BREACH OF THESE TERMS IN THE FUTURE. ANY SUCH AUDIT OR REVIEW OF A HOST IS NOT AN ENDORSEMENT OF THEM. YOU ACCEPT ALL RISKS FROM ENGAGING IN RENTAL TRANSACTIONS AND INTERACTING WITH OTHER MEMBERS OF THE SERVICE.

 

YOU AGREE THAT WE MAKE NO REPRESENTATIONS AND GRANT NO WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING IMPLIED BY THE FACT A HOST HAS BEEN PERMITTED TO USE OUR PLATFORM), THAT THE HOST IS TRUSTWORTHY, IS RENTING SAFE PRODUCTS ON OUR PLATFORM AND WILL OTHERWISE COMPLY WITH THESE TERMS.

 

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY GOODS MADE AVAILABLE BY A HOST ON THE TRAVELING MUNCHKIN MARKETPLACE, THE TRUTH OR ACCURACY OF ANY USER CONTENT OR ANY RATINGS OR REVIEWS POSTED BY OTHER USERS, OR THE PERFORMANCE OR CONDUCT OF ANY OTHER USER.

 

YOU AGREE THAT WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR RESOLVING OR MANAGING DISPUTES WHICH MAY ARISE BETWEEN YOU AND ANY OTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, WHETHER ARISING FROM A RENTAL TRANSACTION OR OTHERWISE, IT IS YOUR RESPONSIBILITY TO TAKE YOUR OWN LEGAL ACTION AGAINST SUCH USER.

 

YOU AGREE AND ACKNOWLEDGE THAT THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL OR EMOTIONAL HARM OR DISTRESS, PERSONAL INJURY, THEFT OF PERSONAL PROPERTY AND EVEN DEATH WHEN YOU CONNECT OR INTERACT WITH SOMEONE YOU MEET THROUGH OUR WEBSITE OR SERVICE, INCLUDING BUT NOT LIMITED TO, PEOPLE YOU MEET OR INTERACT WITH TO CONCLUDE A RENTAL TRANSACTION AND PICKUP OR DROPOFF RENTAL GOODS FROM. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS WHOM YOU MEET, OR, COME IN CONTACT WITH AS A RESULT OF USING THE TRAVELING MUNCHKIN MARKETPLACE, WHETHER IN PERSON, ONLINE OR OFFLINE, VIA TELEPHONE, TEXT MESSAGE OR ANY OTHER FORM OF COMMUNICATION.

 

YOU SHOULD TAKE REASONABLE PRECAUTIONS WHEN DECIDING TO MEET WITH SOMEONE IN PERSON AS A RESULT OF USING THE TRAVELING MUNCHKIN MARKETPLACE, SUCH PRECAUTIONS MAY INCLUDE, BUT ARE CERTAINLY NOT LIMITED TO, MEETING IN PUBLIC SPACES WITH OTHER PEOPLE AROUND, NOT MEETING LATE AT NIGHT AND TELLING FRIENDS AND FAMILY MEMBERS WHERE YOU ARE.

 

YOU AGREE AND ACKNOWLEDGE THAT WE MAY HAVE NOT CONDUCTED ANY BACKGROUND CHECKS, INCLUDING FOR EXAMPLE, CRIMINAL BACKGROUND CHECKS OR SEX OFFENDER BACKGROUND CHECKS ON ANY OR ALL USERS OF THE TRAVELING MUNCHKIN MARKETPLACE. WHILE OTHER USERS OF THE TRAVELING MUNCHKIN MARKETPLACE PROVIDE INFORMATION TO US ABOUT THEMSELVES, WE DO NOT INDEPENDENTLY VERIFY THAT INFORMATION OR TAKE MEASURES TO CONFIRM THE IDENTITY OF OTHER USERS IN ALL CASES AND AS SUCH, DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE INFORMATION PROVIDED TO YOU ABOUT ANOTHER USER IS TRUE OR ACCURATE.

 

PART V: LIMITATION OF LIABILITY

 

YOU AGREE AND ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE TRAVELING MUNCHKIN MARKETPLACE AND ANY INTERACTION YOU HAVE WITH HOSTS, RENTERS OR OTHERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU OR YOUR DEPENDENTS (INCLUDING YOUR CHILDREN) SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

 

IF YOU ARE DISSATISFIED WITH OUR TRAVELING MUNCHKIN MARKETPLACE, OUR WEBSITE, SERVICES OR ANY PRODUCTS RENTED ON THE TRAVELING MUNCHKIN MARKETPLACE, OR YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) SEEKING A REFUND OR DISCOUNT IN ACCORDANCE WITH THESE TERMS (IF YOU ARE A RENTER) OR SEEKING A REMEDY DIRECTLY FROM SUCH OTHER USERS YOU RENT GOODS TO OR FROM; AND/OR (II) NO LONGER USING THE TRAVELING MUNCHKIN MARKETPLACE.

 

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR DECLINES TO UPHOLD SAID CLAUSE, OR IT IS NOT APPLICABLE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR TRAVELING MUNCHKIN MARKETPLACE OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF GOODS RENTED FROM ANOTHER USER ON THE TRAVELING MUNCHKIN MARKETPLACE, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US (AS FEES) OVER THE PRECEEDING THREE (3) MONTHS; OR (II) $25.00, WHICHEVER IS LESS.

 

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE TRAVELING MUNCHKIN MARKETPLACE, WHICH ALLOWS YOU TO RENT GOODS TO AND FROM OTHER USERS DIRECTLY, WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

 

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM; (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCORPORATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE; OR (IV) ANY CLAIM BROUGHT AGAINST US IN CONNECTION WITH THE USE OF GOODS YOU EITHER RENTED OUT, OR BORROWED, AND WHICH SUBSEQUENTLY CAUSED DAMAGE TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO YOUR OR ANOTHER PERSON’S CHILDREN, WHETHER DIRECTLY OR INDIRECTLY.

 

PART VI: OWNERSHIP OF THE TRAVELING MUNCHKIN MARKETPLACE AND ITS CONTENTS

 

The Traveling Munchkin Marketplace contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Traveling Munchkin Marketplace without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Traveling munchkin Inc., including our logo without our express permission.

 
Your Content and Listings

 

The Traveling Munchkin Marketplace may permit you and other users the ability to upload and post content, including for example, reviews, images and descriptions of your products in addition to rental terms (duration, rental rates, drop-off and pick-up locations etc.) ("User Content"). You acknowledge that we do not pre-screen all User Content uploaded or posted by you or other users, nor do we pre-screen all listings and products posted for rent by Hosts.

 

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Traveling Munchkin Marketplace.

 

In addition to our acceptable use policy above, you agree not to use the Traveling Munchkin Marketplace in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.

 

We may, but have no obligation to, remove content, product listings and accounts that we determine in our sole discretion to be unlawful, damaging or which violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.

 
Copyright and Trademark Notice

 

If you believe that your copyright or trademark rights have been infringed as a result of products or content on the Traveling Munchkin Marketplace, please notify us at admin@travelingmunchkin.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

 

PART VI: INTERPRETIVE AND OTHER PROVISIONS

 

Linked Sites

 

Whether or not we are affiliated with websites or third-party vendors that may be linked to the Traveling Munchkin Marketplace, we are not responsible for their content (the "Linked Sites").  The Linked Sites are for your convenience only and you access them at your own risk.  We and other users may provide links and references to material on other websites not owned or operated by us.  Links found on the Traveling Munchkin Marketplace are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites.  You access those links and corresponding sites at your own risk.

 

Law of the Contract (Governing Law) and Jurisdiction

 

These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

 

You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us. 

 

Severability

 

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 
No Construction Against Drafter

 

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.

 

Waiver of Class Proceedings and Trial by Jury

 

To the fullest extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors.  To the fullest extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

 
Incorporation by Reference

 

All policies referred to in these Terms, or anywhere on the Traveling Munchkin Marketplace, are incorporated into these Terms by reference, including, but not limited to, our privacy policy.

 

Account Termination

 

You may terminate your account with us at any time.  To do so, please contact us by email or follow the links in your account.  We reserve the right to suspend your account or access to the Traveling Munchkin Marketplace at any time, with or without cause, and with or without notice. 

 

The cancellation, suspension or termination of access to the Traveling Munchkin Marketplace, or your account, shall not terminate this agreement.  Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding, even upon termination.

 

Assignment of this Agreement

 

You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Traveling Munchkin Marketplace, the transfer of control of Traveling munchkin Inc., or otherwise.

 

Waiver

 

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

 
AMENDMENTS

 

AS OUR WEBSITE, SERVICES, THE TRAVELING MUNCHKIN MARKETPLACE AND THE TYPES OF PRODUCTS RENTED ON OUR PLATFORM CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS AND THE POLICIES REFERENCED HEREIN EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND OUR POLICIES AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND TRAVELING MUNCHKIN MARKETPLACE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THESE TERMS OR OUR POLICIES.

 

Other Terms

 

In the course of using your account with us or using the Traveling Munchkin Marketplace, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers (Facebook, Twitter, etc.), credit card companies and banks.  You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.

 
Contacting Us

 

For inquiries, you can contact us by e-mail at info@travelingmunchkin.com