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rax Terms of Service 


 

Terms of Service Agreement

 

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE.  BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS SOFTWARE (EACH AN "ACCEPTANCE" OF THIS EVALUATION AGREEMENT), YOU OR THE ENTITY IDENTIFIED BY YOU WHEN ACCEPTING THIS AGREEMENT ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE AND IT IS YOUR RESPONSIBILITY TO EXIT THIS DOWNLOADING / INSTALLATION PROCESS WITHOUT DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE AND TO DELETE THE SOFTWARE FROM YOUR COMPUTER

 

These website terms and conditions of use for raxapp.ca and rax constitute a legal agreement and are entered into by and between you and rax app Incorporated and/or its suppliers, agents, affiliates, subsidiaries and its employees, officers and members (collectively, “rax”). rax owns, manages and operates rax, an App providing users with a variety of resources to facilitate peer-to-peer sharing, lending, borrowing, renting and sales of goods and services. The following describes the terms on which rax offers you access to our websites, App and services (“Platform”). If you do not accept and agree to the terms then you must not access or use the app or site.

 

Common Terms

 

The Product(s): Any items (apparel, shoes, handbags, and accessories) posted on the Platform that are available to be borrowed or purchased

 

Lender: The user who owns the Product(s) on the Platform that is available to other users to borrow

 

Borrower: The user who requests to borrow the Product(s)

 

Retail Value: The current or estimated value of the Product as determined by the Lender

 

Rental Fee: Rental price (as determined by the Lender);

 

Return Packaging: The complete packaging provided by the Lender which may include but is not limited to the shipping parcel, dust bag(s), garment bag(s), shoe box(s), jewelry box(s), sunglass case(s), etc.

 

Messenger: The message function provided in the App for users to communicate

 

App and License

 

rax grants you a limited, non-exclusive license to access and use the Platform for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any events and your submission of accurate and acceptable information. You also agree not to use or access the Platform from outside Canada.

 

User Submissions: 

The Platform may contain Interactive Functions allowing User Submissions on or through the Platform.

None of the User Submissions you submit to the Platform will be subject to any confidentiality by rax. By providing any User Submission to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not rax, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform. 

Site Monitoring and Enforcement, Suspension, and Termination

rax has the right, without provision of notice to:

  • Remove or refuse to post on the Platform any User Submissions for any or no reason in our sole discretion.

  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.

  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS RAX FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY RAX RELATING TO ANY, INVESTIGATIONS BY EITHER RAX OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

 

rax is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability, content or performance of the Platform and we reserve the right to suspend, withdraw, amend, modify or vary the service provided without notice and without incurring any liability to you or any third party.

Except as expressly permitted by us in writing, you agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble rax. You will not take any measures to interfere with or damage rax. All rights not expressly granted by rax are hereby reserved.

Your Use of the Platform and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user's internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Website and App, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and [other such functions/[ANY INTERACTIVE FUNCTIONS] (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at [LINK TO PRIVACY POLICY]. 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. 

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Platform owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

 

You acknowledge and agree that rax may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that information violates the rights of third parties; (d) protect the rights, property or personal safety of rax, its employees, users or the public; or (e) enable the transfer or sale of the Platform to another entity.

 

ACKNOWLEDGMENT. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store and Google Play Store. You acknowledge and agree that these Terms are solely between you and rax, not Apple or Google Play, and that they have no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store and Google Play Terms of Service. You acknowledge that Apple/Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple/Google Play, and they will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple/Google Play will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and rax acknowledge that Apple/Google Play is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and rax acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, rax will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and rax acknowledge and agree that Apple/Google Play, and subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

Eligibility

 

You must be eighteen (18) years of age or over to register as a member of or use the Platform. Membership in the Platform is invalid where prohibited. By using the Platform, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these terms and to abide by these terms.

 

Privacy

 

rax processes information about you in accordance with our Privacy Policy. By using the Platform, you consent to such processing. Please review the Privacy Policy carefully.  You understand that by communicating with others through the Platform, you have no expectation of privacy with respect to those individuals.

By using this Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see [LINK TO PRIVACY POLICY COOKIES PROVISION].



 

Term and Termination

 

This Agreement begins on the date you first download the App or access the website and continues until terminated in accordance with the provisions hereof. rax may, in its sole discretion, suspend, disable, terminate or delete your account (or any part thereof) and refuse any and all current or future use of all or any portion of the Platform. If your account is deleted, deactivated or you are banned from using the Platform by rax, you may not re-register or use the Platform under a different name, email address or other credentials. Upon your request, we will deactivate your account and remove your personal information from publicly available sections of the Platform; to make this request please chat with rax in the chat function of the App.

 

Upon termination, all licenses granted by rax will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. rax shall not be responsible for the loss of such content.

 

Disclaimers and Limitation of Liability

 

Your use of the Platform is at your sole risk. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Platform and expressly disclaim any liability for content uploaded by you or by any other user.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT RAX DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. RAX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. RAX RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE APP AND ITS CONTENT INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. RAX DOES NOT WARRANT THAT (A) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE CONTENT VIEWED ON THE PLATFORM WILL BE ACCURATE, RELIABLE, TRUTHFUL OR COMPLETE, (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED, (E) THE QUALITY OF ANY PRODUCTS OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS OR (F) THE RETURN OR CONDITION OF ANY GOODS RENTED OR SHARED THROUGH THE PLATFORM.


 

RAX DOES NOT WARRANT THE QUALITY OR CONDITION OF ANY GOODS OBTAINED THROUGH THE PLATFORMOR THE RETURN OR CONDITION OF ANY GOODS RENTED OR SHARED THROUGH THE PLATFORMAND IS NOT RESPONSIBLE FOR ANY INJURIES OR LOSSES SUSTAINED BY USERS AS A RESULT OF GOODS SHARED, BORROWED, RENTED, PURCHASED OR OTHERWISE OBTAINED THROUGH THE PLATFORMOR THE NEGLIGENCE OR INTENTIONAL TORTS COMMITTED BY USERS OR EVENTS OCCURRING AT MEETINGS OR WHILE TRAVELLING TO AND FROM MEETINGS. IN NO EVENT SHALL RAX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, LOSS, IMPAIRMENT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, DAMAGE TO YOUR POSSESSIONS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORMOR PERSONS YOU MEET THROUGH THE APP, UNAUTHORIZED ACCESS TO OR ALTERNATIONS OF YOUR TRANSMISSIONS TO THE PLATFORMAND ERRORS, MISTAKES OR INACCURACIES OF ANY CONTENT OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU SPECIFICALLY ACKNOWLEDGE THAT RAX HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR FOR PHYSICAL INJURY, HARM OR DEATH TO YOU OR ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

You understand and agree that you download or otherwise obtain material or data through the use of the Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or mobile device or loss of data that results from the download of such material or data.

 

rax reserves the right to modify the Platform. You are responsible for providing your own access to the Platform. rax has no obligation to screen or monitor any content and does not guarantee that any content available on the Platform complies with this Agreement or is suitable for all users.

 

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Platform, and no warranties shall apply after such period. 

 

Code of Conduct and Content Restrictions

 

Please use your common sense when posting content via the Platform and sending content to the Platform or rax because you are solely responsible for, and bear all liability in relation to, such content. You must behave in a civil and respectful manner at all times. Further, you agree:

  • You will not harass or stalk any other person;

  • You will not harm or exploit minors;

  • You will not act in a deceptive manner by, among other things, impersonating any person;

  • You will not post, upload, publish, submit or transmit any content that is fraudulent, misleading or deceptive;

  • You will not collect information about others;

  • You will not express or imply that any statements you make are endorsed by rax or by any other person or entity if that is not the case.

  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.

  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

  • You will not post content which: contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or otherwise may offend human dignity; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; incorporates the image or likeness of any individual under 18 years of age; is defamatory, such determination to be made in the sole discretion of rax.

  • You will not encourage any illegal activity including, without limitation, theft, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense.

  • You will not interfere with or disrupt the Platform or the servers or networks connected to the Platform .

  • You will not post, email or otherwise transmit any material that 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.

  • You will not conduct transactions outside of the Platform.

  • You agree to treat goods obtained through the Platform with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the goods due to theft, disappearance, fire, major stains or any other cause, other than normal wear and tear. If you fail to return an item, fail to return an item on time, or return to the owner goods that are damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay the for the price for repairing or replacing the Product, as determined in our discretion. If the Product cannot be repaired or replaced, as determined in our sole discretion, you will be charged up to 100% of the Retail Value plus applicable sales tax (plus the Rental Fee) using the payment method you used to pay the Rental Fee or any other payment method included in your account information that you have provided to us.

 

You may only use other Platform users’ personal information to the extent that your use of is consistent with the purpose of the Platform. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. rax reserves the right to terminate your account in its sole discretion at any time.

You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information.

 

We may contact you by telephone calls or text messages, including by an automatic telephone dialling system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by chatting with rax in the chat function of the App. You acknowledge that opting out of receiving communications may impact your use of the Platform.

rax has the right, but not the obligation, to monitor all conduct on and content submitted to the Platform. Although these Terms of Service require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others you contact via the Platform.

 

Ownership of Content

 

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by rax, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The rax App Inc. and all related names, logos, product and service names, designs, images, and slogans are trademarks of rax or its affiliates or licensors. You must not use such marks without the prior written permission of rax. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except: 

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

  3. in the event social media platforms: Instagram, TikTok, Facebook, Pinterest  are linked to certain content on our Platform, you may take such actions as our Platform and such third-party social media platforms permit. You also give Platform the right to post any content you upload to the Platform on social media platforms under its control.

Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print off, copy, or download any part of our Platform in breach of these Terms and Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by rax. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

By submitting content to the Platform, you are warranting that you are the exclusive author or owner of that content and you are responsible for ensuring that the materials you upload to the Platform do not infringe any third party copyright. You grant rax and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. You agree that rax may change the photos you upload. In addition, you waive any so-called “moral rights” in your content (including, without limitation, the right to be identified as the author). You further grant permission to all users of the Platform to view your content for their personal, non-commercial purposes. rax shall have the right to use your suggestions on improving or adding new features without any compensation or credit to you. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. 

 

You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that rax may use your Feedback without restriction or obligation to you or any third party.

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We have the right, at our sole discretion, to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

 

Indemnity

 

To the maximum extent permitted by law, you agree to indemnify and hold rax app Incorporated and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of (a) your use of the Platform, (b) a breach of any term of these Terms of Service or our Privacy Policy, (c) any assertion that content you submitted violates any law or infringes on any third party right including an intellectual property or privacy right, (d) interaction among users of the Platform or (e) meetings arranged via the Platform.

 

Representations and Warranties

 

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to the Platform and grant the licenses set forth above; (ii) rax will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

Protection Policy: 

 

Once borrowed, you are responsible for taking care of the item. You agree to treat each piece with care and respect. You will be held responsible for any loss, destruction or damage to the product beyond any regular wear and tear (small stains, rips, missing beads or buttons, broken zippers or any other minor damage is covered by your borrow protection for up to $50 in repairs for items under $500. For items valued over $500, rax will reimburse up to 4x your protection policy amount paid. Any other damage exceeding this amount will be covered by you). Should you choose not to purchase the borrow protection, you will be charged for any repairs needed upon return of the item.


 

Fees & Payments

 

Access and use of selected features of our Platform is free. We may charge fees for various features and services that we offer, including transaction fees, and we will notify you of those charges at the time that we offer you the features or services for a fee.

 

rax charges the Lender or Seller a 20% Service Fee. The amount of the fee is calculated from the price the Lender sets for each item listed for rent. You will see the Service Fee when you set your price before submitting an item for rent. The Service Fee is automatically deducted from the payout. If your item is priced above $30 you agree to split the shipping cost with the borrower.

 

Upon your order (request) through the Platform, you hereby authorize us to charge your payment method for the applicable fees. In addition, at the time of your order, you hereby agree to pay and authorize us to charge your payment method on file an additional amount up to 200% of the retail price of the rented goods set forth on the Platform in case of a dispute, at our sole discretion. We will generally charge you a fee when the Platform has facilitated the process of borrowing and lending via the exchange of information, potentially including contact information, and credits. We may, in our sole discretion, and by notifying you via email, change this policy and begin charging for access to our Platform and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will notify you of the fees for that service at the launch of the service or start of charging a new fee or before you use the functionality related to the new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable good or service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).

 

PAYMENTS & REFUNDS. Payout requests are to be made from within the rax Platform by Stripe and will be processed on the 1st of the following month. For example, if a payout is requested on March 14, a deposit will be initiated on April 1st. Credits received from rax from promotions or otherwise, are not redeemable for cash; they are strictly for use on the rax Platform and may expire. Payments will be made via direct deposit. The timing of processing and delivering payments will typically take at least three to five business days, sometimes more.


 

COLLECTIONS. If you do not pay the amounts you owe to rax when due, rax will need to institute collection procedures. You agree to pay rax’s costs of collection, including without limitation reasonable attorneys' fees.

 

CANCELLATION POLICY. 

 

For the Borrower: You may cancel your rental order subject to the following cancellation fees and policies:

  • If you cancel fourteen (14) or more days in advance of the borrow date, there is no cancellation fee and you will receive a 100% refund of the Rental Fee issued to the payment method you used for the order.

  • If you cancel less than fourteen (14) days but more than seven (7) days in advance of the borrow date, you will receive a refund of 50% of the Rental Fee.

  • If you cancel seven (7) or fewer days in advance of the borrow date, you will forfeit 100% of the Rental Fee. 

 

For the Lender: You may cancel an approved rental order subject to the following cancellation fees and policies:

  • You may cancel a rental more than seven (7) days before the rental begins with no penalty.

  • If you cancel within seven (7) days or less of the rental state date, you will be charged a $25 cancellation fee.

  • If you fail to ship a borrowed item you will be charged a $50 fee and may be banned from using rax.

 

LATE FEES. 

 

For the Borrower: If you return the Products late or not at all, a late fee of ten dollars ($10.00) a day will be charged to the payment method you used to pay the Rental Fee or to any other payment method included in your account information that you have provided to rax for each day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and rax will charge your payment method up to 100% of the purchase price of the item plus the maximum late fee set forth in this Section, less any late fees that you have already paid, plus applicable sales tax.

 

For the Lender: If, as Lender, you ship a Product late, as deemed by rax, the Borrower has the right to cancel the Rental and receive a full refund, in which case the Lender will be charged the late shipping fee as described herein, plus the full commission owed to rax for that Rental and the shipping charge. If the Borrower chooses to proceed with the Rental, they have the option of returning it on the original return date, and receive a credit for the average daily rental rate that the Product was late. Alternatively, if the Borrower would like to extend the Rental by the number of days the Product was delivered late, they will have the option to do so, at no additional charge, with the approval of the Lender. In all cases, the Lender will be responsible for the full commission owed to rax, giving rax the right to charge the Lender’s account for any difference that is over the Lender’s earned income.

 

When in question, rax will use tracking information provided by the shipping carriers to determine the date an item was shipped, whether from the Lender or the Borrower. 

 

Shipping, Receipt & Return of Products

 

SHIPPING. When shipping an item to a Borrower, it must be put in the mail on day 1 of the rental period. It is the responsibility of the Lender to ensure the item is shipped on the first day of the Rental. If an item arrives late to the Borrower, whether due to late shipment or shipping carrier delays, the Borrower will have the opportunity to return the item the next day for a full refund. It will be at rax’s sole discretion to decide if the late arrival was the fault of the Lender or the shipping carrier. In cases where rax determines it was the fault of the Lender, and the Borrower decides to return the item for a refund, the Lender will be charged in accordance with the Late Fee as described above and will not receive payment for the transaction. In cases where it was the fault of the shipping carrier, the Borrower may still return the product and receive a full refund, and the Lender will not receive payment. Regardless of when the item is received, it must be returned by the original return date, unless otherwise agreed upon between the Lender and the Borrower via in-App Messenger and rax is notified.

 

RECEIPT OF THE PRODUCTS. you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that in all cases, a Secure Shipping Address is highly recommended. A Secured Shipping Address means a location where an individual can physically receive Product(s). In no event does rax bear responsibility for lost packages, whether with the shipping carrier or once delivered. Once delivered, the package and its contents are the responsibility of the person delivered to, whether that be the Borrower or the Lender. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which rax will not be liable. You will be liable for all such delays and additional delivery fees.

 

USE OF THE PRODUCTS. You, the Borrower, agree to treat the Products with great care, as if it was owned by you. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear.

 

Normal wear and tear may occur and is not covered by the Borrower.  We consider normal wear and tear to include stains which can be removed by proper cleaning, minor snags, missing beads, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion. If the Product cannot be repaired or replaced, as determined in our discretion, you will be charged up to 100% of the Retail Value plus applicable sales tax (plus the Rental Fee) using the payment method you used to pay the Rental Fee or any other payment method included in your account information that you have provided to us.

 

As a Lender you acknowledge that normal wear and tear may occur. Normal wear and tear may occur and is not covered by the Borrower or rax. We consider normal wear and tear to include stains which can be removed by proper cleaning, minor snags, missing beads, stuck zippers or other minor damage. If you receive a returned Product that is damaged beyond normal wear and tear, rax will first attempt to have the product repaired at the Borrower’s expense. Should the item not be repairable or not returned, rax will do their best to mediate between the Lender and Borrower to replace the product OR reimburse the Lender the current resale value of the item, based on its last known condition at the Borrower’s expense. The value of such replacement will be determined solely by rax.

 

rax assumes no liability for any missing, unreturned, damaged/dirty/unlike the photo, sizing issues, late arriving items or unresponsiveness/any misconduct that may result between borrowers or lenders.

 

In all cases of damage, or items not meeting the description as listed for the Product, the Lender or Borrower must notify rax within 24 hours of the receipt of the Product.  After this time period, rax is under no obligation to mediate any discrepancies between the Lender and the Borrower. 

 

RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to the Lender in the same packaging you received the Products in (including any garment/dust bags or boxes) on or before the return date for the Products that are identified in the online invoice for your order. If you lose the Return Packaging, you will be responsible for safe return of the item at your own expense by the expected return date, and providing rax with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section. If the Return Packaging is lost or not in adequate condition, the Borrower is responsible for finding adequate substitute packaging. rax is not responsible for any personal or other items left in the Products or which are returned to the Lender. If you believe you have accidentally or otherwise sent any such items, please contact rax as soon as possible by chatting with rax in the chat function of the app. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

 

RETURNS As a Borrower, if you borrow a Product and it does not fit you or is not as described you may received a refund in the form of a rax credit if you (1) notify the Lender of the return via in-App Messenger within 24 hours of receiving the Product (2) notify rax in the messaging section of the app and (3) return the Product to the Lender within 24 hours (excluding Sundays and holidays) of the date you received the Product in conformance with the return procedure as defined herein. Once Lender confirms receipt of Product, rax will then issue a refund in the form of a rax credit (see Fees & Payments section) for the full Rental Fee less shipping fee, so long as the Product, in the Lender’s discretion, has not been worn. rax credits received from fit issues do not expire and cannot be redeemed for cash.

 

As a Lender, you will be notified of a fit or quality return via email from rax and agree to accept the return of the rental. You agree to not earn payment for an item which was returned for a fit issue or for the condition of a Product not being in proper condition.

 

Reporting Misconduct

 

If you participate in a conversation via in-App Messenger with a user who has acted inappropriately including without limitation a user who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you or (c) engages in other disturbing conduct, you should immediately report such person to the appropriate authorities and then to rax by providing us with your police report number; provided, however, that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you or any other person. 

 

Third Party Services

 

The App may contain links to third party websites or content from third party websites that are not controlled under these Terms of Service. You acknowledge that rax is not liable or responsible for any third party websites or any third party content, information or products made available at third party websites. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources. You are responsible for reading the terms and conditions and privacy policies of third party websites that you visit and for complying with those terms and conditions and policies. The parties hereto that any third party suppliers of rax or the third party websites referenced above in this paragraph (collectively, the “Third Party Beneficiaries”) are intended third party beneficiaries of this Agreement. The parties agree that, except with respect to the Third Party Beneficiaries, this Agreement is for the benefit of the Parties hereto and is not intended to confer any rights or benefits on any third party, and that there are no other third party beneficiaries of this Agreement or any part or specific provision of this Agreement. To the extent you access the App through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.

 

General Provisions

 

rax reserves the right to modify, amend or change the Terms of Service at any time (a “Change”). In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms of Service, you should stop using rax immediately. Your continued use of the Platform, following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms of Service.

If, for any reason, any of the Terms of Service are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Service and the remainder of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.

 

No failure or delay by us in exercising any right, power or privilege under the Terms of Service shall operate as a waiver of such right or acceptance of any variation of the Terms of Service and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms of Service shall confer or purport to confer on any other third party any benefit or the right to enforce any term of the Terms of Service, unless otherwise expressly set forth herein. All parties to this Agreement hereby waive their right to a trial by jury, in the event there is any dispute arising out of or relating to the agreement or the transaction.

 

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and rax regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

 

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without rax’s prior written consent. rax may transfer or assign this Agreement, in whole or in part, at any time, without your consent.

 

Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

Dispute Resolution

 

You and rax agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and rax are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and rax otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

Reporting and Contact

This Platform is operated by rax App Inc.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to rax at info@raxapp.ca

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to [EMAIL ADDRESS].

 

Last modified September 14, 2023

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