Last revised: January 5, 2022
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 😉.
|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|
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.
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 firstname.lastname@example.org 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.
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 email@example.com
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.
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.
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
Third party services. If you choose to log in to our Services through social media sites or apps (e.g.,
Facebook or Google), the
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.
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
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
We retain your information as long as it is reasonably necessary and relevant for our operations, legal obligations or other purposes.
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).
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.
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 firstname.lastname@example.org, 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 email@example.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.
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.
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.
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.
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.
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.
We welcome your questions and comments about privacy, and what we do. Please feel free to contact us at firstname.lastname@example.org.
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