GoEquipMe Inc.
Terms and Conditions

Last revised: January 5, 2022

Equipment Rental Terms and Conditions

This contract is entered into between the owner (“Owner”) of the equipment (“Equipment”) making it available for rent to the renter (“Renter”) through the GoEquipMe Inc. (GEM or GoEquipMe) application platform (the App). Owner, Renter and GEM are referred to as the parties. The parties agree to treat each other with mutual respect and take full responsibility for their actions which probably makes the rest of this superfluous but we’ll spell out the rest anyway hoping no one ever has to read it 😉.

General. GEM makes various Owners’ equipment available for rent through its platform in “as is” condition for a period of time (“Rental Period”) set forth at the time of reservation. Renter agrees to return the equipment prior to expiration of the Rental Period, or extend the Rental Period should the equipment be made available by the Owner.
Payment. Renter is responsible for all charges due in full at the commencement of the Rental Period including the applicable security deposit (“Deposit”).
Permitted Use / Restrictions / Maintenance. The parties agree GEM has no control over the equipment at any time including transport of the equipment or how it is operated or utilized. Renter promises that:
1. Renter will inspect the Equipment to confirm that it is in good working condition, without defects and is suitable for Renter’s intended use;
2. Renter has experience operating the particular type of Equipment being rented and has received all information requested and deemed necessary regarding the operation of the Equipment;
3. Renter will use the Equipment for its customary purpose, in compliance with all operating and safety instructions and immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair;
4. Equipment will be kept in a secure location;
5. Renter will maintain possession of the Equipment and will not sublease or sell the Equipment or assign this Agreement;
6. Renter will keep the Equipment free and clear of all liens, charges and encumbrances;
7. Renter will use the Equipment in compliance with all applicable laws and regulations;
8. Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;
9. Renter will not aid in the vandalism or theft of the Equipment;
10. Renter will not rent the Equipment upon the basis of false or misleading information;
11. Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability;
12. Renter will not use the Equipment in a negligent, reckless, illegal, unauthorized or abusive manner, or in any publication;
13. Renter will not remove, operate, or utilize the Equipment outside of the United States
14. Renter will maintain proper, fuel, oil or lubrication levels and will operate the equipment according to manufacturer’s specifications and safety requirements;
15. Renter agrees to perform routine inspections including inspections on leaks, cooling systems, water batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications;
16. Renter will correspond directly with the Equipment Owner, and work in good faith with the Owner, should any question arise pertaining to the operation, maintenance, and transport of the Equipment.
17. Should Equipment be transported by Renter, Renter will ensure compliance with all laws pertaining to the transport of Equipment.
18. Renter will ensure any third-party utilized for transport of Equipment will have all applicable licenses and insurances necessary to transport the Equipment.
Fuel and Cleaning. Renter will return the Equipment with the same fuel level and as clean as when Renter received the Equipment, otherwise Owner may charge a fee for the cost of refueling or cleaning.
Repossession. The Equipment may be repossessed by Owner or GEM, without notice to Renter and at Renter’s expense if the Equipment is not returned at the expiration of the Rental Period, is illegally operated, parked or stored, or used in any way in violation of this Agreement, or appears to be abandoned,

Cancellation Policy.

Renter Cancellation. Renter may cancel their equipment rental through our mobile App, and the cancellation is effective immediately. The total amount refunded will depend on when the Renter cancels the rental. The cancellation period is based on the equipment location’s time zone.
1. Free Cancellation Period. Renters may cancel free of charge up to 24 hours before the rental period starts. Renters who book within 24 hours of their rental period start time have one hour after booking to cancel for free. If a Renter cancels a booking after the free cancellation period has expired their 10% Deposit is forfeited.
2. Early Returns. There are no credits/refunds issued for early returns except when the Renter has requested to shorten their Rental Period from the equipment Owner and the Owner has accepted such request in writing.
Owner Cancellation. If an Owner cancels a booking after the free cancellation period has expired the Owner must pay the Deposit amount as a late cancellation fee. GEM may disclose to other App users regarding Owner’s previous cancellation details including how long before the Rental Period start time that the Owner has previously cancelled reservations. Owners who repeatedly cancel rental bookings may be subject to additional penalties, including removal from the marketplace.
GEM Cancellations. In some cases, GoEquipMe may need to cancel a booked rental to protect our users against fraud or for trust and safety considerations. GoEquipMe will notify both Owner and Renter in such an event. When GoEquipMe must cancel a booking, Renter will receive a full refund and Owners are generally not eligible for earnings.

FREE CANCELLATION PERIOD

BOOKING TIME	FREE CANCELLATION PERIOD
25 hours or more before rental start	Until 24 hours before rental start
Less than 25 hours before rental start	1 hour after booking

Rental Modifications. Any rental modifications must be processed through App with applicable costs and fees paid.
Renter No-Shows. If a Renter fails to cancel and doesn’t show up after 1 hour of the Rental Period start time time, it is a Renter no-show and is considered a late cancellation.

Consent to Communication via Email and Texting. The parties consent to receive GEM communications via email, text message and push and other notifications through their device.
Independent Status. The relationship between the parties is independent contractors and creates no agency or employment relationship between the parties.
Governing Law. This Agreement will be construed according to the laws of the State of Utah.
Entire Agreement. This Agreement represents the entire agreement between the parties and may be amended or modified only in writing signed by the parties.

Liability Insurance Requirement

The person in possession of the Equipment at any time is responsible to procure and maintain adequate and industry customary insurance on the Equipment for liability coverage for damage to people or property. The person in possession of the Equipment, therefore is responsible for damage to any other person or property while the Equipment is in their possession. You must inspect the Equipment in your possession prior to use to ensure it is safe and ready for proper use. By utilizing GoEquipMe App you represent and warrant that you have liability coverage at your home, worksite and to transport equipment, as applicable. All parties utilizing the App agree to indemnify and hold harmless GoEquipMe Inc from any and all damages including consequential damages or any kind including lost profits.

Equipment Damage Protection

Policy and Security Deposit

Regardless of fault, the Renter is responsible for all loss and damage to the Equipment once Renter takes possession of the Equipment until possession is released to Owner. Under our GoEquipMe (GEM) Equipment Protection program Renter will not be responsible for most causes of damage that may occur to the equipment while being rented and GEM Protection will cover repair or replacement of the damaged equipment. Renters may opt out of this protection if proof of full coverage insurance is provided prior to the Rental Period.

Advantages of GEM Equipment Protection:Provides higher certainty of coverage, hassle free claims in the event of damage to the equipment, a good option for customers who can’t provide proof of insurance coverage, claims will not affect customer’s other insurance premiums, no waiting for coverage through other insurance company.

Cost: 15% of the rental charges

Deductible: $1,000 for equipment valued less than $25,000, and $2,500 for equipment valued at $25,000 or more.

What’s Covered: Accidental damage, collision damage (to the rented equipment only) up to a total of $50,000. In the event GoEquipMe covers the cost of equipment damage the equipment Owner agrees that rights to pursue the responsible or otherwise liable parties is transferred to GoEquipMe with full subrogation rights up to the amount paid by GoEquipMe plus reasonable costs and attorney’s fees.

Exclusions: Acts of God including earthquake, fire, falling objects, flood, hail, overturns, theft, tornado, vandalism, and wind. Civil authority, contamination or deterioration, criminal, fraudulent, dishonest, or illegal acts, loss of use, mechanical breakdown, missing property in the case of unexplained or mysterious disappearance, nuclear hazard, pollutants, temperature/humidity, voluntary parting with title, war and military action, and wear and tear. In no circumstances is GoEquipMe liable for any consequential loss or financial damages of any kind or any amounts in excess of $50,000 total, whether to Renter, Owner or any party associated, affiliated or otherwise connected in any way to this contract.

Requirements for Opting Out: Customers have the option of waiving coverage by providing proof of insurance including a certificate of property insurance showing specific or blanket rented equipment coverage and must be emailed to admin@goequipme.com before the equipment rental commences. Any amounts already charged for GEM Equipment Protection will be refundable upon GoEquipMe receiving the proof of insurance prior to commencement of the rental.

Security Deposit: In some cases we require a security deposit before you may operate the Equipment in the amount of 20% of the amount of the equipment reservation. The deposit amount is collected in full before the start of the equipment rental. The deposit will be refunded 48 hours after the equipment rental is completed unless there is a dispute regarding the security deposit amount being refunded in which case the appropriate portion will be refunded upon ending the dispute.

Payments Outside GoEquipMe

App Policy

By utilizing the GoEquipMe App you agree not to circumvent GoEquipMe for the payment of any goods or services comparable to the services facilitated by GoEquipMe including that you agree not to make or accept payments for the rental of Equipment outside the App including by PayPal, cash, check, credit card, Square, Cash App, Bitcoin, Venmo or any other method of payment. Should either party circumvent or attempt to circumvent the App then GEM’s obligations if any to that party will be void and GEM reserves the right to remove the circumventing party at GEM’s sole discretion.

If any party asks you to make or accept a payment outside the App please contact us at admin@goequipme.com

Privacy policy

GoEquipMe Inc. (GEM “we”, or “us”) cares about privacy and wants you to be familiar with how we collect, use, process and disclose your information. This Privacy Policy covers your access or use of our application and website (“Platform”), when communicating with us or other GEM users on any device (collectively “Services”), or when you otherwise provide us with information. GEM acts as the data controller for the purpose of this Privacy Policy.

What We Collect

We collect three categories of information - information you give us; information automatically collected from your use of the Services; and information from third party sources.

Information you give us

Account information. When you register for an account with us, we require certain identifying information such as your name and email address.

Profile information. We may also ask you to provide additional profile information to use certain features of the GoEquipMe App which may include street addresses, phone numbers, driver’s license number and issuing country and/or state and date of birth. Certain parts of your profile (like your profile photos, company, city) are part of your public profile page and will be publicly visible to others.

Equipment Rental information. We collect information you provide in relation to equipment rental such as equipment details, vehicle identification number (VIN) and other equipment identifying information, availability dates, reviews and uploaded photos of the rented equipment.

Payment information. We collect your financial information (like your bank account or payment card numbers) in connection with a potential or actual transaction, which may be stored by one or more third party payment services providers or digital payments companies that may be located inside or outside of your country of residence including outside the European Economic Area (EEA).

Authentication information. In some instances, we may ask you to provide us a photograph and/or other demographic information, such as a scanned copy of a driver’s license, passport, or credit/debit card, last four digits of your Social Security number, social insurance number, social media account information, driver’s/motor vehicle record, insurance information, and other forms of identification. Where we request that you withhold certain information when providing us with personally identifiable information (such as obscuring or redacting all but the last four digits of your payment card number), please do so.

Communications with GoEquipMe. When you communicate with us whether via phone, email or chat, or use the Services to communicate with other users, we collect information about your communication and any information you choose to provide.

Information we automatically collect when you use or access our Services.

Usage data.We collect information about your interactions with the Platform, such as the pages or other content you view, your searches, bookings you have made and other actions on the Platform.

Location information. When you use certain features of the Platform, including if you opt in to use our Location Sharing feature, we may collect information about your location (e.g., IP address) and the location of your equipment or more specific location information (e.g., more precise location information from your mobile device). Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.

Log data. We may automatically collect log information when you use the Platform, even if you have not created an GoEquipMe App account or logged in. That information includes, among other things: details about how you’ve used the Platform, IP address, length of stay, frequency of visits, hardware and software information, device information, device event information (e.g., crashes, browser type) and the page you’ve viewed or engaged with before [or after] you’ve used the Platform.

Equipment Rental Information.We collect information related to your transactions on the Platform, including the date and time, amounts charged and other related trip details.

Cookies and similar technology. When you access our Platform, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively “Cookies”).

Information we collect from third party sources.

Third party services. If you choose to log in to our Services through social media sites or apps (e.g., Facebook or Google), the third-party service may send us information such as your registration and profile information from that service. The information we may receive varies by app and is controlled by that company. By associating an account managed by a third party with your GoEquipMe account and authorizing us to have access to this information, you agree that we may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your information. Please refer to those third parties’ privacy policies to understand how they use and share your information.

Background information. To the extent permitted by applicable laws, we may obtain reports from public records of criminal convictions or local versions of background or registered sex offenders checks. We may use your information, including your full name and date of birth, to obtain such reports.

Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, fraud detection information or data from credit bureaus from third party service providers and/or partners and combine it with information we have about you.

How we use what we collect

We use, store and process your information to provide and improve our Services and ensure a secure, safe and trusted experience. For example, we may use your information to:

Provide and improve our Services

enable you to access and use the GoEquipMe App Services
provide customer support
send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you and contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging
enable the processing of transactions and send notices about your transactions
improve the Services, including by personalizing or customizing your user experience
measure the performance of the Services and improve our content and layout
enable you to communicate with other EquipMe App users, including by sending them messages or other information during the booking process
if you provide us or our service providers any information relating to other people in connection with the Services, we may use and store this information to facilitate your referral invitations; send your requests for reviews, for fraud detection and prevention and for any purpose you authorize at the time of collection

Ensure a secure, safe and trusted experience

verify your identity or authenticate information provided by you, including during account creation and password reset processes
resolve disputes, collect fees, and troubleshoot problems
detect, prevent, and/or remediate fraud, abuse, security incidents or other potentially harmful, prohibited or illegal activities
determine your likelihood of getting into an Equipment accident or of making an insurance claim, such by checking your auto insurance score and equipment operating history
detect, prevent or remediate violations of and enforce our Terms and Policies
manage and protect our information technology infrastructure
conducting investigations and risk assessments
conduct checks against databases and information sources (such as but not limited to public government databases)

In this regard, we may do any or all of the foregoing with or without further notifying you as permitted by applicable law;

Provide and improve our Services

provide targeted marketing, provide service update notices, and deliver promotional offers based on your communication preferences
perform creditworthiness and solvency checks, compare information for accuracy, and verify it with third parties
administer referral programs, rewards, surveys, contests, or other promotional activities or sponsored events

We retain your information as long as it is reasonably necessary and relevant for our operations, legal obligations or other purposes.

Disclosure

With consent

You may direct us to share your information or consent to it as described at the time of sharing, such as when you authorize us to send to a third-party marketing partner.

Profiles, listings and other public information

Your public listing page will always include some basic information, such as your user ID/name associated with your account, your public profile photo, and for equipment owners, the city where your equipment is located, your listing description, your calendar availability, transaction related information to allow our community to evaluate your reliability and responsiveness, and any reviews/feedback. Your public listing page may also include aggregate demand information (such as number of page views over a period of time) and information about your cancellations. Our Services may also display the approximate geographic pick-up location on a map of the owner’s equipment.

Our Services may allow your public profile and public listing pages to be included in search engines, in which case your public profile and public Listing pages may be indexed by search engines and may be published as search results.

Sharing between equipment Owners and Renters

GoEquipMe enables equipment owners to offer and share their equipment with other individuals. If you agree to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, GoEquipMe App may provide your mobile phone number and/or driver’s license information to facilitate communication or your photograph to facilitate identification. We will provide the address of the equipment and/or the proposed delivery location. We may also share user-uploaded “Equipment Photos” with captions with the other party involved in the reservation if that feature is selected. GoEquipMe App users engaged in a booking with you may send you text message (such as to confirm pickup or delivery location).

Service providers

We may share Information with vendors and service providers who are engaged by, or working with, us in connection with the processing of payments, operation of our Services and customer support functions and who need access to such information to carry out their work for us. In some cases, the service provider may be directly collecting the information from you on our behalf. These service providers may be located inside or outside your country of residence, including outside the EEA. For hosts who choose to use our photography program, your contact information will be shared with the photographer assigned to shoot your vehicle. These providers have limited access to your information to perform these tasks on our behalf and are contractually obligated to use it consistent with this Privacy Policy.

Aggregated data

We may compile aggregate information about the use of the Services. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Services. We may also share aggregate demographic information with advertisers and partners. This policy in no way restricts or limits our collection and use of aggregate information that does not identify any individual.

Responding to Legal Requests, Preventing Harm, and Protecting our Rights

We may disclose your information to courts, law enforcement, governmental or tax authorities, or authorized third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or if such disclosure is reasonably necessary to comply with our legal obligations or legal process and to respond to claims asserted against us. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose us, you, or any other user to legal liability or to protect the rights, property, or personal safety our employees, our users, or members of the public.

Your preferences and choices

Communication preferences

You can control the methods by which we may contact you about your account, your booking and listing activities, promotions, and announcements in the Notifications section within your GoEquipMe account.

Correct and update

You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile. You can also access or request a correction of your information by contacting us at admin@goequipme.com, we may need to verify your identity before implementing your request.

Account closure

If you wish to close your account and request deletion of your personal information, please send an email to admin@goequipme.com.

Please note that we may be unable to delete information to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any investigation, comply with audits and investigation, to enforce our Terms of Service and take other actions reasonably necessary, permitted, or required by applicable law. There may also be residual information that will remain within our databases and other records, which will not be removed.

Access

You may request a copy of your personal information provided to us by visiting your account page on the app. We will send you with a copy of the personal information to the email address provided in your account as soon reasonably practicable. We may request proof of identification or re-authentication to verify your access request.

Lodging a complaint

Subject to applicable law, you also have the right to lodge a complaint with your local data protection authority or the European Data Protection Supervisor.

Security

We have endeavored to put into place reasonable security measures in an effort to protect information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmission over the Internet, and no method of storing information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your information that we store.

Important information

This section describes some additional important privacy information related to your use of our Services.

Change of ownership

If we merge with or are acquired by another company, we may share information with them in accordance with our privacy standards and applicable law.

Cross border transfer

The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your information may be used, stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities or law enforcement in those jurisdictions according to the laws in those jurisdictions.

Sensitive information

We ask that you not send us, and you not disclose, any sensitive information unless specifically requested (e.g., Social Security numbers, social insurance numbers, passports, information related to racial or ethnic origin, political opinions, religion, trade union membership or other beliefs, health, biometrics, or genetic characteristics) and subject to applicable law on or through the Services or otherwise to us.

Children’s privacy

Our websites are general audience websites, and our Services are not intended for anyone under the age of 21. We do not knowingly collect information from users under the age of 21. If a child has already provided us with information, his or her parent or guardian may contact us for the purpose of deleting this information or closing an account.

Third party privacy practices

This Privacy Policy addresses only the use and disclosure of information collected by Us. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.

Translations

If we have provided you with a translation of the English language version of this Privacy Policy, in case of any wording discrepancies between the English and any other versions of the Privacy Policy, the English wording takes precedence.

Changes to this privacy policy

We may change this Privacy Policy. Please take a look at the “Last revised” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us to close your account and you will only be bound by the prior version of the Privacy Policy.

Contact

We welcome your questions and comments about privacy, and what we do. Please feel free to contact us at admin@goequipme.com.

Thanks for using GoEquipMe App!

GoEquipMe Inc. Terms and Conditions