Please read the terms and conditions carefully before agreeing.
Your Account. In order to access and use some or a portion of the services, you will be required to register with us and set up an account with your email address, location, birthday and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password at all times. Sponge allows Users to offer to rent out their items and other goods (“Items”) to other Users. Users who seek to rent out Items as “Owner” can create and publish on the Platform a listing for their Item, which includes pricing (rate, hourly, daily, weekly, monthly, event), maximum 10 pictures, a detailed description, the availability type, as well as any further rules or instructions. Users seeking to rent an item from the Owner (“Renters”) can make requests to book the Items in accordance with the terms set by the Owner.
Booking an Item. Renters can request to book Items made available by Owners by making a request through the Platform. Once confirmed by the Owner, the following rental dates, location for pick up and drop off, payment, insurance, liability are all the responsibility of the Renter and Owner and Sponge holds no accountability for further actions.
Delivery and Use of Item. On the Booking Date, Owners and Renters are required to be at the agreed upon location to deliver the Item to the Renter. Renters are responsible and liable for the Item during the Booking and must treat the Item with the utmost care and respect. Renter will be liable to cover the costs of damage or replacement of any damages or loss of the Item during the Booking, as well as any damages associated with failing to return the item on time. Upon return to the Owner at the agreed upon location. The Owner will inspect the item to ensure it is in the same condition that it was when it was delivered to the Owner. After the inspection, a fee may be a result depending on the item and the Owner’s additional fees.
Reviews: You may be asked to leave a review on the item once you have finished with your rental on Sponge. Your submitted review, user name, profile photo, and the category of the seller’s listing could be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another users account, the review should:
- be honest to what happened between you and the other user
- be upfront about the item rented and the experience
- use kind and professional terms and wording
- do not be left in an attempt to harass or abuse another user
- do not be in left in an attempt to manipulate or mislead other users
We reserve the right to remove reviews, which violate our policies or guidelines
Insurance. Sponge is not an insurance provider and does not supply any personal insurance, life insurance, disability insurance or any other type of insurance. You are solely responsible for your own insurance. The Owner and RENTER AGREES THAT SPONGE SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DAMAGE, LOSS, OR THEFT TO AN ITEM RENTED THROUGH THE PLATFORM.
You may connect to the Services with a third-party service and you give us permission to access, store, and use your information and data from that service as permitted by that service.
If you believe your Account may have been compromised or misused, contact us right away.
All Users. In using the Services as an Owner or Renter, you agree to comply with all procedures and to provide an enjoyable and safe experience for other Users. Using Services. You will post in the appropriate category or area and will not do the following:
- violate any laws
- must be 18 years and older
- steal items or equipment; Intentionally or unintentionally cause harm or damage to another User’s Item, steal an Item, use any Item for a purpose that is not the Item’s primary purpose or use an Item to commit any crime or otherwise break any applicable law;
- disregard or disrespect the renters terms; Discriminate against any other User, including refusing to interact with another user solely based on race, gender, sexual orientation, nationality, culture, and/or religion; Use the platform in any way to harm, disrespect, or bully another User; Attempt to intentionally cause a poor experience for another User;
- be false or misleading; create any false Issue requests; publish any false or inaccurate review or representation of another User or another User’s Item;
- copy, modify, or distribute any other person's content; “stalk” or harass any other User or collect or store any information about any other User other than for purposes of transacting with one another, or impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- bypass measures used to prevent or restrict access to Sponge.
- infringe any third-party right; Solicit users to join a third-party service that may or may not be a competitor
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Sponge or the interests or property of Sponge users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Sponge;
- copy, modify, or distribute any other person's content;
- use any robot, spider, scraper or other automated means to access Sponge and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- Create more than two Accounts for yourself or on behalf of another person or business;
- Allow a Booking of an item that is already confirmed by another User (double booking the Item)
- Post an Item with information that is false or misleading, including in the picture, description, condition rating, or pricing;
Renter Rules. Renters further agree to the following posted above as well as the conditions below in respect of any Booking:
- Renter shall not sub-lease or otherwise rent the Item to any third-party during a Booking;
- Renter shall not use the Item for any illegal activities;
- Renter shall pay the Owner agreed amount and on the set date
- Renter shall respect and oblige to all Owner’s terms and conditions (Sign any documents, provide any further information for their protection, pay damage deposit)
- Renter shall use all reasonable efforts to ensure the Item is not damaged, lost or stolen during the Booking; and Renter will be liable for any additional costs incurred by the Renter while using the Item, including but not limited to those communicated to Renter at the time the Booking.
All user’s (“Renter” and “Owner”) also agree to follow the below regulations as well:
- Will not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive or any material that could damage or harm minors in any way.
Rental Agreements. Once the Owner has accepted a request to book an Item from a Renter and the Booking is confirmed, the Owner and Renter will be required to execute a Rental Agreement in respect of the Booking. These Terms shall form part of the Rental Agreement and are to be arranged and withheld between the Renter and Owner.
RENTERS REMAIN SOLELY LIABLE FOR ANY DAMAGE, LOSS, OR THEFT TO THE ITEM DURING THE BOOKING, INCLUDING PAY FOR ANY REPAIRS OR REPLACEMENT COSTS. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS SPONGE AND THE OWNER FOR ANY DAMAGES TO RENTED ITEMS, THIRD PARTY PROPERTY, AS WELL AS INJURIES OR DEATH ARISING FROM RENTER’S RENTAL AND USE OF THE ITEM. RENTERS ARE NOT COVERED IN ANYWAY BY SPONGE.
If you have any issues in regards to your rental experience, please contact your local police department to file a police report. In the event of any inconsistency between these Terms and the Insurance Policy, the terms of the Insurance Policy will prevail solely to the extent of any inconsistency.
REGISTRATION AND ACCOUNTS
Registration. In order to use Services as an Owner or Renter, you must register for an account (your “Account”). You agree to
- provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”);
- maintain the security of your password, and
- maintain and promptly update the Registration Data as necessary to ensure it is up to date.
Eligibility. Sponge makes the Services available in certain cities, as stated on our Platform. In order to register for an Account, you must be located in an Eligible Location and you must be at least 18 years old. Sponge reserves the right to amend its eligibility criteria at any time.
Organization Accounts. If you register for an Account or use the Services on behalf of any organization, entity or third-party, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
Content. The Services contains stuff from us, you, and other users(as well as from third-party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks, broadcast or exploit the services. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. We reserve the right to remove or use content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Fees and Services. Using the Services is mostly free of charge, except memberships. We may charge fees for certain Services like the pro memberships. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them. We will notify you of changes by posting such changes on the site. We may 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. Our fees are non-refundable, and you are responsible for paying them when they're due. If you do not pay, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection methods. Users shall promptly advise Sponge if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay fees caused by out-of-date Billing Information.
Use of the Platform. If you interact with the Sponge Platform in any way or create an Account, you do so at your own risk and understanding of our Terms of Service. The sponge is not and will not be responsible for any actions by another user, individual, business, association, entity, or group that may physically, financially, verbally, digitally harm or distress you in any way. We use commercially reasonable efforts to provide an honest, safe, and trustworthy community but cannot be responsible for the actions of third parties.
Damage and Theft. The sponge will not be responsible or any damages, theft, or destruction of items booked through the Platform and any losses arising from the use of the Platform will not be compensated or reimbursed by Sponge.
Accuracy of Users and Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on Sponge. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact through the Platform. We do not endorse any persons who use or register for our Services. However, Sponge reserves the right (but is not obligated to) verify the identity of Users as well as the availability and fitness of Items listed for rent by Owners. The sponge is not responsible for any false or misleading information on the website or platform and will not be liable for any damages whatsoever resulting from your use of the platform or information provided on the platform.
Rental equipment. The use of any items rented through the platform is solely at your own risk.Users are solely responsible for ensuring that they have proper know-how, training, skills, and abilities to use any item, including obtaining and reviewing manufacturer instructions and safe handling guides. Insurance. The sponge will not be liable for any injuries, losses, damages (including damages to individuals or personal property or death) arising from use of any item.
Taxes. transaction fees and any other fees for purchases made through the Platform are subject to applicable taxes. Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Sponge to comply with its obligations under applicable law.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Sponge.
The sponge is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with the Owner’s services income earned through the Platform (“OwnerTaxes”). Owner’s are solely liable for calculating, reporting, remitting and withholding any taxes associated with the Owner’s services rendered through the Platform and agrees to indemnify and hold harmless Sponge for any taxes.
Payments. By providing your Billing Information, you agree to allow Sponge to take your payment for the Pro Membership users. All further transactions done between the Owner and Renter are not Sponge’s liability. The sponge is not responsible for any fees that may or may not be applied to your Billing Information by your credit card provider or financial institution related to your use of the Services. Sponge disclaims all liability in this regard.
Damage Deposit. The Owner may have the option to require Renter pay a damage deposit which will be collected and held by The Owner for the duration of the Booking. If the Owner requires a damage Deposit, this must be paid at the same time as the applicable Booking Fees. If the equipment is damaged, lost or stolen during the Booking, the Renter will immediately forfeit the Damage Deposit within 24 hours of the rental ending and the Owner will file a police report and take the required steps to rectify the situation. The Owner will not be entitled to any other compensation from Sponge.
Payment to Owner. The sponge is not responsible for the transactions or funds earned from the rentals, Sponge provides an online resource for you to access these items on your terms agreed upon between the Renter and Owner. No transactions are done threw the Sponge website.
Refunds. Sponge does not offer any refunds in respect of Transaction Fees. Some Owner’smay offer refunds however, Renters must review the Owner’s cancellation terms at the time of requesting a booking to determine the Owner’s cancellation policy.
User Content. Sponge does not claim ownership of the data, materials and/or content created, uploaded orotherwise transmitted by you through use of the Sponge Website, App or Service, including but not limited Item descriptions, photos, graphics, designs, drawings, electronic documents and comments (“User Content”). However, by using the Website, App and/orServices, you grant Sponge a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, App and Services.
Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music(the “Sponge Content”), and allintellectual property rights related thereto, are the exclusive property of Sponge and its licensors. Use of the Sponge Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Notice and Procedure for Making Claims of Copyright Infringement. Users are strictly prohibited from using the Platform and Services to infringe the intellectual property rights ofothers. If you believe your copyright has been infringed, please contact usimmediately.
Notices must be sent to info@Spongeit.ca Sponge has an obligation under Canadian copyright law to forward anynotice that complies with Copyright Act.
Sponge may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Sponge Website and the Services only for purposes as permitted by these Terms. Sponge reserves the right to modify or impose any limitations on the use of the Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Platform at any time without any liability whatsoever.In using the Website and/or the Services you shall not:
- Intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to spam third parties or to impersonate anyone;
- License, sell, rent, lease, transfer, assign or otherwise commercially exploit the Website, App or the Services;
- upload, post, email, transmit or otherwise make available any material that: (e) use our Services to transmit, distribute, post or submit any information concerning any other person orentity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (f) use automated scripts to collect information or otherwise interact with the Services or the Website; or (g) advocate, encourage or assist anythird party in doing any of the foregoing.
You agree to defend, indemnify and hold Sponge, its affiliates, subsidiaries, directors, officers, employees, agents, partners and license or sharmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons to whom you send or otherwise transmit links or anycontent to using the Service, including without limitation claims relating to distortion;(d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration ofthese Terms and/or your use of the Services.
Termination - Sponge may, at anytime and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) discontinuance or material modification to the Services or any part there of; (c) a request and/or order from law enforcement, a judicial body, or other government agency;(d) where provision of the Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made in its sole discretion, and Sponge will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
Closing of Account by User. At any time a User may terminate an Account, provided that all amounts owed to other Users and Sponge have been paid.
Intellectual Property – Applications. Spongeowns, or is the licensee to, all right, title, and interest in and to its applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Sponge's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.
Without limitation to the rights granted below (see ‘Content’), some of Sponge's features may display your ad on other sites that are part of the global community. By using the Services, you agree that your ads can be displayed on these other sites, in other countries. The terms for other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any sites, or if we believe it causes problems or violates any law or policy.
Service Providers. Sponge uses third-party integrations to make available the Platform and Services. We can not control how third parties conduct their business or what happens to their business or network. We cannot and will not be responsible or liable for any breaches or outages to their network, software, or any technology that they use in connection with Sponge. If you are accessing the Services from a mobile device using a Sponge mobile application, you are responsible for for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the service's from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access the services and applications and any updates thereto. SPONGE does not guarantee it will function on any particular device or hardware.
Disclaimers and Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (each a “Third Party Payment Processor”) As the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real-time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. 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. Weare not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Sponge, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of(a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
Indemnification. You will indemnify and hold harmless Sponge and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Disclaimer: The services are provided "as is" and "as available." Sponge disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Sponge makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Sponge does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you.
Limitation of liability: Sponge shall not beliable for indirect, incidental, special, exemplary, punitive, or consequentialdamages, including lost profits, lost data, personal injury, or property damagerelated to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, orconcurrent) of Sponge, even if Sponge has been advised of the possibility ofsuch damages. Sponge shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Sponge has been advised of the possibility of such damages. Sponge shall not be liable fordelay or failure in performance resulting from causes beyond Sponge’s reasonable control. You acknowledge that third party providers providing services requested through some request products may and may not be professionally licensed or permitted.The services may be used by you to request andschedule transportation, goods, or logistics services with third partyproviders, but you agree that Sponge has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.
You agree to indemnify and hold Sponge and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses,liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Sponge's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
General. These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Alberta applicable therein. We both submit to the jurisdiction of the courts ofthe Province of Alberta. This will not affect your statutory rights if you area consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion.
If you have any questions about the terms and conditions please email us directly at info@Spongeit.ca
We encourage you to review the policies periodically for the latest information on our practices.
You can also write us directly at 16201 92nd Ave Grande Prairie, Alberta CA T8V 2N8