Welcome to LaLaRent.co.nz, or LaLaRent.io a peer-to-peer Personal Idle Goods marketplace and online service provided by GearBear Ltd
The Services are not intended for children under the age of 18 and no person under the age of 18 may download the App or otherwise use the Services.
Please read this entire TOU carefully before downloading, using, and during the use of, any of the services or any listed or lent items. These TOU contain very important information regarding your rights, obligations, as well as liability exclusions and limitations, including Disclaimers regarding the services, listed items and lent items: limitations, exclusions and conditions, including with respect to product liability, personal injury, and lost, stolen or damaged items; an indemnity from you; a forum selection clause: and a waiver of class action disputes clause. This TOU is effective upon acceptance. When you register for a registered user account with LaLaRent, you accept these TOU by checking the appropriate box and acknowledging that you have read, understood and accept these TOU. If you do not register a registered user account with LaLaRent, these TOU are effective through the use of the services, including LaLaRent’s website, or by downloading LaLaRent’s app. If you do not agree to be bound by any part of these TOU, you must not use the services and must cease any use of the services immediately.
These TOU are between You (i.e. the end-user) (“You”) and Just LaLaRent Inc. (“LaLaRent”), and they govern Your use of LaLaRent’s Services (as defined below). In these TOU, the word “use” means “access or use”.
LaLaRent makes available, via Website and its App, an online service that allows owners of goods to rent out their goods, and to sell their goods, to renters and buyers.
You may contact LaLaRent by email at firstname.lastname@example.org with questions about these TOU.
other types of content.
Lender: means a Registered User who has listed an item for Borrow in a Listing.
Lend: means to rent a Listed Item, or Listed Item(s), to a Borrower.
Lent Item: means a Lender’s item that has been Lent to a Borrower.
Borrowing Request Period: means the time period starting from the time when an item is requested to be Borrowed by a Borrower (as determined by LaLaRent in its sole discretion), within which a Lender may decide whether to confirm or reject that request, as stated on the Services. Different Booking Request Periods may apply in different places.
Borrowing Period: means the maximum number of days
App: means the mobile applications that LaLaRent makes available for use of the Services.
Borrower: means a Registered User who requests to Borrow, or actually Borrows, or to buy, any Listed Item(s).
Borrow: means to rent a Listed Item, or Listed Item(s), from a Lender.
LaLaRent Content: other than User Content, any Content available on the Services or used to create and operate the Services, as well as the selection and arrangement of such Content.
Content: means any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software (excluding the App), hyperlinks, embedded links, URLs, and agreed to by Borrower and Lender that a Listed Item may be Borrowed by Borrow, which period must be at least 24 hours.
Borrowing Rate: means the amount of monies that Borrower must pay Lender for 24-hour increment over which the Listed Item will be Borrowed. The Borrowing Rate accrues for each 24 hour increment in which the item is Lent until the item is returned by Borrower to Lender.
Listed Item: means a Lender’s item that has been listed in a Listing for Lending.
Listing: means a Lender’s listing on the Services of a Listed Item for Borrow.
Registered User: means a User that has set-up a Registered User Account (as defined in Section 3).
Services: means the Website and the App, as well as any software, platforms, digital services, features, tools, and functionalities, as well as User Content and LaLaRent Content made available via or accessible through any of the foregoing.
User: means any User of the Services.
User Content: means any Content that You, or other Users, upload, submit, post, display or otherwise make available on the Services via the App.
Website: means LaLaRent’s website for the Services, currently located at www.lalarent.co.nz and www.lalarent.io (and the web pages within that website).
YOUR AGE AND ELIGIBILITY TO USE THE SERVICES; VERIFICATION OF USERS
The Services are not intended for children under the age of 18 and no person under the age of 18 may download the App or otherwise use the Services.
At present, only Registered Users in New Zealand may Lend or Borrow via the Services. If You download the App or otherwise use the Services, You represent and warrant to LaLaRent that You are at least 18 years of age. LaLaRent may make use of any of the Services subject to certain conditions, including completing a verification process. Please see Section 3 below for more information.
SCOPE OF LaLaRent SERVICES
In no event will LaLaRent be responsible for and, to the maximum extent permitted by law, LaLaRent disclaims and excludes all liability arising from the conduct of borrowers and lenders, use of listed items and lent items by borrowers and lenders, and transactions between borrowers and lenders.
The Services provide Users with an online peer-to-peer marketplace that enables Lenders and Borrowers to Lend and Borrow Listed Items, and for Lenders and Borrowers to communicate and transact directly to facilitate such lending and borrowing. The Services merely facilitate Lending and Borrowing, and LaLaRent does not own, create, lend, provide, control, manage, offer, deliver, insure, or supply any Listings or Listed Items. For certainty, LaLaRent is not a rental broker, agent or insurer. When Lenders and Borrowers arrange for a Listed Item to be Borrowed/Lent, they are entering into a contract directly with each other. LaLaRent is not and does not become a party to or other participant in any contractual relationship between Registered Users, nor is LaLaRent an insurer. LaLaRent is not acting as an agent in any capacity for any Registered User.
NO ENDORSEMENT; VERIFICATION
LaLaRent does not endorse any Users. Although these TOU require Users to provide accurate information, LaLaRent may, but has no obligation to, verify or attempt to confirm any information provided by Users or any User’s purported identity. You are solely responsible for determining the identity and suitability of other Users who You contact via the Services. Any references to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by LaLaRent about any User, including of the User's identity and whether the User is trustworthy, safe or suitable. Except as expressly specified in Section 11, LaLaRent is not responsible for any damage or harm resulting from your interactions with other Users. LaLaRent, is not responsible for any damage or harm resulting from Your interactions with other Users, including any Renting and Selling. LaLaRent does not assume any responsibility for the confirmation of any Registered User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, LaLaRent may, but does not have any obligation to undertake screenings, checks and processes designed to help verify or check the identities and/or backgrounds of users and Listed Items. Such checks may be performed by LaLaRent and/or third party services and may include screening Registered Users based on information provided by Registered Users and/or requested by LaLaRent, screening against third party databases or other sources, requesting reports from service providers, and reviewing your government identification, date of birth, and other similar information. Such verification may include (i) for Users in New Zealand , to the extent permitted by applicable laws and if LaLaRent has sufficient information to identify a User, obtaining reports from public records of criminal convictions or sex offender registrations of the User; and (ii) for Users outside New Zealand , to the extent permitted by applicable laws and if we have sufficient information to identify a User, obtaining the local version of background or registered sex offender checks in LaLaRent’s sole discretion. You hereby authorize LaLaRent to request, receive, use, and store such information.
You agree and authorize LaLaRent to use Your personal information, such as Your full name and date of birth, to conduct the verifications described in Section 3 above.
As part of Lending/Borrowing, You may obtain personal information of another User. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for communications regarding Borrowing/Lending with another User.
ELIGIBLE MOBILE DEVICES
The App is made available to You by LaLaRent free of charge through Google Play (owned or operated by Google Inc. (“Google”)) and Apple Inc.’s (“Apple”) App Store (owned and operated by Apple), for use on an eligible mobile device of Yours that complies with these TOU and is owned or controlled by You ("Your Mobile Device"). Without limitation, LaLaRent does not endorse Your Mobile Device and provides no representations, warranties or conditions regarding Your Mobile Device.
You understand and acknowledge that the App, and the Services used through any mobile device by any browser, are intended for use on mobile devices using the Android or iOS operating systems, or such other devices or operating systems as may be approved by Google or Apple, in each case as determined by Google, Apple or the telecommunication provider for Your Mobile Device, in their sole discretion. You will not use the App, or any browser to use the Services, on a mobile device or an operating system (including an Android or iOS operating system and whether approved by Google or Apple) that has been, in each case, modified or customized in any way (including “jailbroken”, “rooted”, “bootleg unlocked”) by anyone other than the original equipment manufacturer (or original licensor of the operating system software, as applicable), an authorized distributor or reseller thereof, the applicable telecommunication provider or anyone else acting with the permission or on behalf of any of the foregoing.
YOU MAY USE LIMITED PORTIONS OF THE SERVICES, BUT IN ORDER TO FULLY USE THE SERVICES YOU MUST BE A REGISTERED USER
You may browse limited portions of the Services without setting-up a Registered User Account.
In order to use certain features of the Services, You must become a Registered User by setting-up an account with LaLaRent (a “Registered User Account”) via the Services and by creating a username and password, providing us Your email address and creating a password, or through a third party social networking service accounts (“SNS”), such as Facebook. Such login methods are referred to in these TOU as “Login Methods”.
As part of Registered User Account setup, You will be asked to provide certain information, such as: name, phone number, address, e-mail, date of birth, postal code, and billing and payment information (e.g. credit card information; bank account information).
LaLaRent reserves the right to reject any registration in LaLaRent’s sole discretion.
If You choose to become a Registered User, then You represent, warrant and covenant to LaLaRent that: (i) You are based in New Zealand ; (ii) You will provide true, accurate, current and complete information; (iii) You will maintain and promptly update the information You provide to LaLaRent; and (iv) You will not enter any irrelevant data into any form or data entry field other than the data requested by LaLaRent for such field.
In the event that You provide, or LaLaRent reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then LaLaRent has the right to suspend or terminate any Registered User Account and refuse any and all current or future use of the Services.
Login Methods are solely for a single Registered User’s personal use.
Registered User is solely responsible for the confidentiality and security of Registered User’s Login Methods. Registered User is also responsible for all activities that occur under Registered User’s Login Methods and/or Registered User Account and may not share Registered User’s Login Method details with others. Registered User must immediately notify LaLaRent of any actual or suspected loss, theft or unauthorized use of Registered User’s Login Methods or Registered User Account, or any other security breaches of which Registered User becomes aware.
LaLaRent is not obligated to inquire as to the authority or propriety of any use of, or action taken under, a Registered User’s Login Methods and/or Registered User Account.
LaLaRent will not be responsible for any loss to any Registered User that arises from any use of its Registered User Account or Login Methods or from Registered Users’ failure to comply with these provisions.
LIMITED USE; RESERVATION OF RIGHTS
Subject to the terms and conditions of this Agreement, LaLaRent may make available to You for Your Use: (i) the online portion(s) of the Services available to non-registered Users; and (ii) if You are located in New Zealand and have set-up a Registered User Account with LaLaRent in accordance with Section 6, the online portion(s) of the Services available to registered Users.
Subject to the terms and conditions of this Agreement, LaLaRent grants to You, a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, personal, non-commercial, right to download, install, and use the App on Your Mobile Device.
In order to benefit from the above two bullet points, YOU MUST: (i) comply with these TOU; (ii) comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Services; and (iii) comply with any additional requirements, restrictions or limitations provided by us or any applicable third party (including, Google, Apple, Your Mobile Device provider and the telecommunication provider for Your Mobile Device).
LaLaRent expressly reserves all rights not expressly granted in these TOU.
ACCEPTABLE USE & CONDUCT; COMPLIANCE WITH LAWS; REPORTING MISCONDUCT
You represent, warrant and covenant to LaLaRent that you will abide by and not violate the Acceptable Use & Conduct Policy, which can be found at Appendix A
If you breach the Acceptable Use & Conduct Policy, or any other provision of these TOU, LaLaRent may take whatever steps we deem necessary to protect the Services, LaLaRent, LaLaRent’s business, LaLaRent’s and its supplier’s infrastructure, and LaLaRent’s other Users, including, without limitation, suspending Your use of the Services, terminating Your Registered User Account, and/or terminating these TOU.
If You feel another User is acting or has acted inappropriately, including but not limited to anyone who (i) has breached or is threatening to breach the Acceptable Use & Conduct Policy; (ii) engages in offensive, violent or sexually inappropriate behavior, (iii) You suspect of stealing from You, or (iv) engages in any other disturbing conduct, then You should immediately report such person to the appropriate authorities and then to LaLaRent by contacting LaLaRent with Your police station and report number; provided that Your report will not obligate LaLaRent to take any action beyond that required by law (if any) or cause us to incur any liability to You.
You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use of the Services, including your Listings.
A Registered User may, as a Lender, submit Listings for Lending of Listed Items.
Borrowers will be able to Borrow a Listed Item via the Services based upon the information provided in a Lender’s Listing(s), including Borrowing Period(s) (and applicable maximum or minimum periods), Borrowing Rate(s), delivery logistics, and return logistics.
With respect to each Listing and Listed Item, Lenders agree to: (i) provide true, accurate, current and complete information and Content (e.g. images of Listed Items); (ii) maintain and promptly update the information You provide; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by LaLaRent for such field; (iv) disclose in detail any deficiencies, damage, restrictions and requirements that apply (e.g. physical and cosmetic damage to Listed Item, minimum and maximum Borrowing Period, Borrowing Rate, etc.); and (v) provide any other pertinent information requested by LaLaRent. Each unique Listed Item must have its own Listing.
Certain items may be prohibited from being listed. Please see the Acceptable Use & Conduct Policy for more information.
No Borrowing Rate may be increased after a Borrower requests to Borrow a Listed Item.
Users will be able to book a Listed Item via the Services based upon the information provided in a Lender’s Listing, a Lender’s Borrower requirements, and Borrowers’ search parameters and preferences.
You agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Lender and Borrower preferences, ratings and/or ease of booking.
BORROWING & LENDING; DAMAGED/STOLEN LENT ITEMS
Are responsible for reading the full Listing before committing to Borrow;
Agree that they enter into a legally binding contract with the Lender to Borrow Lender’s Listed Items when Borrower commits to Borrow the item;
Agree that LaLaRent is not a party to the contract between Borrower and Lender;
Shall treat all Lent Items they Borrow with the highest standard of care;
Are responsible for returning such items in the condition they were given to then when they took possession, normal wear and tear excepted, by the end of the Borrowing Period;
Must use all Lent Items for their own personal and non-commercial use;
Agree that Lent Items may not, under any circumstances, be lent, rented, sold, made available, transferred, or distributed, to any third party whatsoever;
Are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they allow to use any of the items while in their possession; and
Are responsible for any loss, destruction or damage to all of the Lent Items they Borrow, whether due to theft, disappearance, fire, or any other cause, other than normal wear and tear.
I agree that they enter into a legally binding contract with the Borrower to Lend a Lender’s Listed Items when Borrower commits to Borrow the item;
LaLaRent is not a party to the contract between Borrower and Lender;
may have access to the personal information of Borrowers upon completing an arrangement for the Lending of a Listed Item and, as such, Lenders are strictly prohibited from using this personal information for anything other than Lending their Listed Item(s);
may not, under any circumstances, Lend, or list for Lending, any of Lender’s Lent Items to another person while a Borrower is Borrowing such item;
agree that, after any Borrowing of a Lent Item, the item may not be in the same exact condition that it was when Lent to Borrower
must either pre-approve, confirm or reject a booking request within the Booking Request Period, or otherwise the booking request will automatically expire.
LaLaRent recommends that Lenders obtain appropriate insurance for their items. In addition, LaLaRent recommends that Lenders review any insurance policy and consult with an insurance professional regarding the terms of potential coverage.
LaLaRent may, but is not obligated, to provide Lenders access to LaLaRent’s Protection program, in exchange for a fee. Please see our How The LaLaRent Works, LaLaRent may in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Borrowers and Lenders
In all circumstances the Borrowing and Lending of a Lent Item will be subject to these TOU, including the Acceptable Use & Conduct Policy.
When a booking is confirmed or cancelled, LaLaRent will send a push notification via the App to the relevant Users. Users must have push notifications turned on in their mobile operating system to receive such notifications.
Lenders and Borrowers shall work-out the final details of a Borrower Borrowing, and a Lender Lending, the Lender’s Listed Item prior to the item becoming a Lent Item, including Borrowing Period, Borrowing Rate, delivery logistics, and return logistics.
LaLaRent only acts as a passive intermediary between Borrowers and Lenders. The Services allow Borrowers and Lenders to Lend/Borrow Listed items and to coordinate payments, delivery and return of Listed Items between such Borrowers and Lenders. LaLaRent makes no guarantee as to whether and when any request to Borrow a Listed Item will or may be accepted or rejected by any Lender or whether a Borrow will request to Borrow a Listed Item. LaLaRent has no responsibility, whatsoever, for the performance or fulfillment of any Borrowing or Lending, or payment, delivery or return for any Borrowing or Lending.
LaLaRent does not act as an insurer or contracting agent.
No Listing, Lending or Borrowing may breach any agreement(s) the Borrower or Lender has entered into with any third parties.
Borrower is responsible for Lent Items damaged beyond reasonable wear and tear, or that are lost or stolen. In certain cases and for certain eligible items, Borrowers and Lenders may be eligible for LaLaRent Protection . Where LaLaRent Protection does not apply, then Lender may contact LaLaRent at email@example.com and LaLaRent will, after receipt of such contact, attempt to contact Borrower or investigate the situation in an attempt retrieve the stolen or lost item. If Borrower denies losing or stealing the item, or LaLaRent otherwise determines (in its sole discretion) that Borrower caused such damage or that the item is not retrievable, then Borrower will be responsible for all costs related to such damages, which will be determined by LaLaRent, in its sole discretion, based on various factors including, but not limited to, market value, internal appraisal provisions, depreciation, age, make, model and condition. LaLaRent also reserves the right to charge the credit card on file in Borrower’s Registered User Account, or otherwise collect payment from Borrower and pursue any avenues available to LaLaRent. If LaLaRent is unable to charge the credit card on file or otherwise collect payment from Borrower, then Borrower agrees to immediately remit payment for all such amounts to LaLaRent. LaLaRent shall redistribute such amounts to Lender to the extent that LaLaRent actually receives such amounts from Borrower. LaLaRent shall in no event be responsible for collecting such amounts.
Please see our FAQ, under the heading “Protection”. LaLaRent may in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
The remedies in this section 11 represent lenders’ sole and exclusive remedy in the event a lent item is damaged or stolen
Both Borrowers and Lenders agree to cooperate with LaLaRent in good faith, and to provide LaLaRent information and take actions as may be reasonably requested by LaLaRent, in connection with any complaints or claims made by Borrowers relating to Lent Items or with respect to any investigation undertaken by LaLaRent or a representative of LaLaRent regarding use or misuse of the Services. Borrowers agree, upon LaLaRent’s reasonable request, and to the extent Borrower is reasonably able to do so, to participate in mediation or similar resolution process with a Lender, at no cost to Borrower, which process may be conducted by LaLaRent or a third party selected by LaLaRent.
DISPUTES BETWEEN USERS
You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users, use of Listed Items and Lent Items, or other third parties will be limited to a claim against the particular User(s) or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from LaLaRent with respect to such actions or omissions. Accordingly, LaLaRent encourages You to communicate directly with other Users via the Services regarding any Rentals, Sales or Listings, as applicable, made by You. This limitation shall not apply to any claim by a Lender against LaLaRent regarding the remittance of payments received from a User by LaLaRent on behalf of a Lender, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
BORROWING RATE; PENALTY COSTS
Borrowers must pay Lender for each Lent Item at the Borrowing Rate for the Borrowing Period, in each case agreed to by Borrower and Lender for such Lent Item (“Lent Item Fees”), plus taxes.
Borrower agrees that it is also responsible for Service Fees to LaLaRent, as specified in Section 14 below.
For certainty, Borrowers are responsible for Lent Item Fees, calculated at the Borrowing Rate, for at least the entirety of the Borrowing Period.
For example, if a Borrower returns a Lent Item to Lender prior to the end of the Borrowing Period, then Lent Item Fees for such item will be equal to Borrowing Rate multiplied by the number of 24 hour increments in the Borrowing Period, plus taxes if applicable.
Subject to availability, a Borrower may extend the Borrowing Period of a Lent Item using the App. Borrowers will be charged additional Lent Item Fees, plus taxes, for the additional time if any request to extend the Borrowing Period is accepted by the Lender. Any Lender accepted extensions will be considered part of the Borrowing Period.
If a Lent Item is returned late to Lender (i.e. past the Borrowing Period agreed to by Lender and Borrower), then Borrower must pay additional Borrowing Fees, calculated at the Borrowing Rate, plus taxes, until the item is returned (“Late Lent Item Fees”).
For example, if a Borrower returns a Lent Item to Lender after the end of the Borrowing Period, then Late Lent Item Fees for such item will be equal to Borrowing Rate multiplied by the number of additional 24 hour increments following the Borrowing Period prior to the item being returned, plus taxes if applicable.
If a Lender is unable to confirm or decides to reject a booking request within the Booking Request Period, any amounts collected by LaLaRent for the requested booking will be refunded to the applicable Borrower.
Lender agrees that LaLaRent may, in accordance with the cancellation policy selected by the der and reflected in the relevant Listing, (i) permit the Borrower to cancel the booking and (ii) refund to the Borrower that portion of the Borrowing fees specified in the applicable cancellation policy.
FEES TO LaLaRent
In consideration of the use of the Services, including facilitating transactions between Lenders and Borrowers, LaLaRent charges (i) to Lenders, Service Fee a Protection fee and a service facilitation fee and, and (ii) to Borrowers, a Protection fee (the Protection fees for Lenders and for Borrowers are referred to in these TOU as the “Protection Fee”)and a service facilitation fee (the service facilitation fees for Lenders and for Borrowers are referred to in these TOU as the “Service Fee”).
Any applicable Service Fees and Protection Fees (including any applicable taxes) will be displayed to a Lender and/or Borrower prior to publishing or booking a Listing. The current Service Fees and Protection Fees are listed on the App and Website. LaLaRent reserves the right to change the Service Fees and/or Protection Fees at any time, and LaLaRent will provide Registered Users reasonable notice of any fee changes before they become effective.
Service Fees and Protection Fees are non-refundable.
Payments from Borrowers for Lent Item Fees, Protection Fees and Service Fees, as well as applicable taxes, are due immediately upon Lender accepting Borrower’s Borrowing request, whether for the Borrowing period or for any extension of the Borrowing Period. Borrower hereby authorizes LaLaRent to charge Borrower, via Stripe, for such amounts due immediately upon such acceptance. Late Lent Item Fees, as well as applicable taxes, are due immediately. Borrower hereby authorizes LaLaRent to charge Borrower, via Stripe, for late fees due. If a payment does not go through, for any reason, You agree to pay the all applicable amounts due within seven (7) days of LaLaRent sending the invoice or receipt for the same. Borrowers may be charged a cancellation fee or minimum payment if You book or confirm a Lent Item but cancel it before the item is delivered.
With respect to Lenders, LaLaRent deducts the Service Fees and Protection Fees from the Borrowing fees before remitting the balance to the Lender.
All payments are processed by Stripe, LaLaRent’s third party payment processor. Such processing is governed solely by Stripe’s services agreement, available at https://stripe.com/en-nz/legal, and not these TOU. LaLaRent has no liability arising from your use of Stripe, or for any arrears by Stripe. You acknowledge and agree that Stripe may apply a fee for processing the payment, which may change without notice from time to time, subject to the terms and conditions set out by the Stripe.
If You owe or agree to pay any amount to LaLaRent, then LaLaRent may (but is not obliged to) withhold the amount owing to LaLaRent from any payout amounts due to you as a Lender, and use the withheld amount to set off the amount owed by You to LaLaRent.
If Your account is delinquent or You otherwise have chargebacks on Your account, You may be charged fees that are incidental to LaLaRent’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.
Lender agrees that in connection with its use of our Service, it may be required to comply with income tax and withholding requirements on any income it receives and that if such an obligation arises it will be solely responsible for the timely payment of such tax and any interest or penalties. The Borrowing fees paid to Lenders are inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Lenders. In no cases will any additional compensation be paid to Lenders for taxes. If LaLaRent, in its sole discretion, determines it is required to withhold any taxes in connection with the provision of the Services, LaLaRent may but is under no obligation to do so. If it is later determined that LaLaRent should have withheld and/or paid tax but did not withhold or pay such tax, then You shall repay to us the applicable tax as requested by LaLaRent and hold LaLaRent harmless from any penalties or interest thereon. You further agree to indemnify and hold LaLaRent and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by the New Zealand Revenue Agency or any taxes related to Your use of the Service.
USER CONTENT; FEEDBACK;
In connection with Your use of the Services, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available User Content via the Services (“Your User Content”).
Your User Content may ONLY be uploaded, submitted, posted, displayed, performed, transmitted, communicated, or otherwise made available via the App.
If You submit ideas, suggestions, commentary or feedback to LaLaRent regarding the Services (or any other product or service offered by LaLaRent) (collectively, "Feedback"), through any means whatsoever, then You agree that LaLaRent may use the Feedback freely and for any purpose.
You represent, warrant and covenant to LaLaRent that Your User Content and Feedback will not violate the Acceptable Use & Conduct Policy.
You hereby grant LaLaRent a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use any of Your User Content and Feedback in the manner in and for the purposes for which the Services and/or LaLaRent from time to time use User Content and Feedback, including, without limitation, for developing and marketing products, services, applications, the Services, and/or Content, without any obligation to You or third parties, including without any requirement for LaLaRent to provide You with any credit, notice, approval or compensation for any such use.
You waive any and all of Your moral rights in the Feedback and Your User Content.
LaLaRent may review, monitor, and/or remove any Feedback and/or User Content at LaLaRent’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.
LaLaRent does not endorse any Feedback or User Content.
RESPONSIBILITY FOR CONTENT
Please see sections 18 and 19 below.
Under no circumstances will LaLaRent be liable in any way for any content, including any LaLaRent content or user content.
You are solely responsible for all of Your User Content and for complying with Section 16.
Under no circumstances will LaLaRent be liable in any way for any Content, including any LaLaRent Content or User Content.
You acknowledge and agree that LaLaRent: (i) stores User Content at the direction, request and with the authorization of its Users; (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content; (iii) plays no active role and gives no assistance in the presentation or use of the User Content; and (iv) cannot and does not review the User Content created or uploaded by its Users, and neither LaLaRent nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Services for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or any applicable law, rule or regulation.
LaLaRent does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, including LaLaRent Content or User Content. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that have been mislabeled or are otherwise deceptive.
GENERAL DISCLAIMERS; USE IS AT YOUR SOLE RISK
use of the services, listings, listed items, lent items protection, LaLaRent content or user content, is solely at your own risk. LaLaRent does not endorse any user, listing, LaLaRent content, user content, listed item or lent item.
You are solely responsible for all of your listings, user content, listed items, use of lent items, and communications and interactions with other users.
The services, listings, listed items, protection, LaLaRent content and user content, are made available and provided "as is" with no representations, warranties or conditions of any kind.
LaLaRent is not a rental broker, agent or insurer.
To the maximum extent permitted by applicable law, LaLaRent hereby disclaims any and all representations, warranties and conditions in respect of the services, listings, listed items, lent items, LaLaRent content, user content, or conduct of users, whether statutory, collateral, implied, express or arising through a course of dealing or trade, including any warranty or condition of safety, legality, availability, accessibility, security, uninterrupted use, quality, fitness for a particular purpose, quiet enjoyment, merchantability, merchantable quality, non-infringement, accuracy, timeliness, truthfulness, or currency, or that the services, listings, listed items, LaLaRent content, user content or conduct of users, are or will be error-free or virus-free.
No oral or written information or advice given by LaLaRent will create any representation, warranty or condition.
LaLaRent is not a party to any interactions between or among users, and it is not a party to any transactions (e.g. borrowing, lending, selling, buying) regarding any listed items or any. LaLaRent’s sole role is to make available the services to allow users to connect.
You acknowledge and agree that LaLaRent does not have an obligation to conduct verification on any users, but may conduct such verification in its sole discretion.
LIMITS AND EXCLUSIONS OF LIABILITY
The maximum extent permitted by law, in no event will LaLaRent be liable for any of the following arising out of or in connection with this agreement: (i) Special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost savings, profit, data, use, or goodwill (whether direct, indirect, consequential, special, punitive or otherwise); (iii) product liability; (iv) business interruption; (v) costs for the procurement of substitute products or services; (vi) personal injury or death; or (vii) personal or property damage arising out of or in any way connected to this agreement.
You understand and agree that LaLaRent is not a party to any agreements entered into between users, nor is LaLaRent a rental broker, agent or insurer. LaLaRent has no control over the conduct of users or over any items, listed items, or lent items, and disclaims all liability in this regard to the maximum extent permitted by law.
In no event will the total aggregate liability of LaLaRent in connection with or under this agreement, exceed the amount of fees paid by you to LaLaRent pursuant to these TOU in the prior 3-month period immediately preceding the event giving rise to the claim. for greater certainty, the existence of one or more claims under this agreement will not increase this maximum liability amount.
This section “limits and exclusions of liability” will apply to all causes of action whether in contract, tort (including negligence and injury), fundamental breach, strict liability or any other legal or equitable theory, even if LaLaRent has been advised of the possibility of the damages, or if any remedy you have fails of its essential purpose, and will apply whether or not any damages could have been foreseen or prevented or whether LaLaRent was advised of same.
INTELLECTUAL PROPERTY OWNERSHIP
Except for the rights granted to You expressly herein, as between LaLaRent and You, LaLaRent reserves all right, title and interest (including all intellectual property rights) in and to the Services, including any LaLaRent Content. The App are licensed, not sold, to You.
You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Services or LaLaRent Content.
The Services and LaLaRent Content are: (i) protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws; and (ii) not Your property, but the property of their respective owners, whether LaLaRent or otherwise.
All trademarks and other indicia of origin appearing on or in the Services or LaLaRent Content are the property of LaLaRent or LaLaRent’s service providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on or in the Services or LaLaRent Content.
LaLaRent, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
Your User Content is, as between You and LaLaRent, Your property.
REPORTING COPYRIGHT INFRINGEMENT CLAIMS
LaLaRent take claims of copyright infringement seriously. LaLaRent will respond to notices of alleged copyright infringement that comply with applicable laws. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged infringement.
Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers' fees) under applicable laws, rules and regulations.
It is LaLaRent’s policy in appropriate circumstances to disable and/or terminate the accounts of Registered Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
EXTERNAL SOURCES AND SERVICES; THIRD PARTY BENEFICIARIES
LaLaRent is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Services. If You use any third party website or service through the Services, then You do so at Your own risk.
Such third party websites or services may be subject to their own terms of service and privacy policies. LaLaRent is not responsible or liable for the availability or accuracy of such third party websites or services, or the content, products, or services available from such third party websites or services.
Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, LaLaRent.
Your use of the Services using applications developed for Apple iOS or Android mobile devices is subject to terms set forth in the Apple's or Google’s terms of service (as applicable).
Payment processing is governed solely by Stripe Services Agreement, which is available at https://stripe.com/en-nz/legal
Apple, Google, Twilio, Onfido and Stripe, and/or their applicable international subsidiaries and affiliates, will be third-party beneficiaries to this Agreement. Such entities are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner.
LINKING TO THE WEBSITE
LaLaRent welcomes links to the homepage of the Website. You may only establish a hyperlink to the homepage of the Website if: (i) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of Your site by LaLaRent or anyone having rights to any Content or create the false appearance that an entity is associated with or sponsored by LaLaRent; and (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with LaLaRent, its trademarks or any other trademarks appearing on or in the Services.
LaLaRent does not permit framing or inline linking to any other website, service or application.
SERVICES UPDATES; TOU AMENDMENTS
LaLaRent may, in LaLaRent’s sole discretion, release fixes, patches or updated versions of the Services or otherwise add or remove services, Content or features (including modifications to the features, availability or functionality of the Services and/or Content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the Services and will be subject to the terms and conditions of these TOU.
LaLaRent may amend these TOU, or any provision thereof, with immediate effect at any time and without notice. Your use of the Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOU in effect at the time of such use.
TERMINATION; SUSPENSION AND AFTER TERMINATION
LaLaRent reserves the right to reject, suspend or terminate the Services, any Registered User’s Account, any Listing, or Your use of all or any portion of the Services at any time and for any reason, in LaLaRent’s sole discretion. LaLaRent has no obligation to provide you with any notice of your breach of these TOU, but we may choose to provide notice, and an opportunity to cure such breach, in our sole discretion should we so choose.
The terms and conditions in these TOU will continue to apply to Your past use of the Services, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to LaLaRent.
You may cancel Your Registered User Account at any time via the Services or by sending an email to email@example.com. Please note that if Your Registered User Account is cancelled, LaLaRent does not have an obligation to delete or return to You any of Your Content or Feedback.
Upon termination of these TOU or Your Registered User Account: (i) You will remain liable for all amounts due hereunder; (ii) any provision hereof that by its nature is intended to survive the termination of these TOU will survive such termination; and (iii) if you are a Borrower with any outstanding Lent Items, immediately return all of such Lent Items to the respective Borrowers or pay in full to have it repaired or replaced.
If LaLaRent takes any of the measures described above (w) we may communicate to Your Borrowers or Lenders that a pending or confirmed booking has been cancelled, (x) we may refund Your Borrowers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (y) we may support Your Borrowers, on an exceptional basis, in finding potential alternative Items, and (z) You will not be entitled to any compensation for confirmed bookings that were cancelled.
You agree to indemnify, defend and hold harmless LaLaRent and its affiliates, and their shareholders, directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers' fees) that arise from or relate to (i) Your breach of these TOU; (ii) Your Use of the Services; (iii) Your User Content; (iv) Your interaction with any Users; (v) Your Listing(s); or (vi) the booking, use and rental or purchase of an item rented to You, as a Borrower or Buyer, or by You, as a Lender, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a booking, rental, sale or use of an item for rent or sale.
LaLaRent has the right but not the obligation to participate in any defense or settlement. If LaLaRent chooses to participate, then each party must pay for its own lawyers' fees.
For all purposes, LaLaRent and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
APPLICABLE LAW & JURISDICTION
1:To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
2:LaLaRent is a service that simply connects owners of equipment with people who want to rent this equipment. We therefore take no responsibility for any losses resulting from rental arrangements made through the Website. Accordingly, it is up to you to insure this equipment, and/or its use against any damage. loss or potential liability that might result from its use.
3:Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD500.
4:To the maximum extent permitted by law and only to the extent clauses 1,.2 and 3 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD500.
LaLaRent may assign or transfer these TOU in whole or in part at any time without Your consent. You may not assign these TOU or assign, transfer or delegate Your Registered User Account or any of Your rights or obligations under these TOU. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
WAIVER OF CLASS ACTIONS
To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Services or these TOU must be individually named. You hereby waive any right you may have for any dispute pertaining to the Services or these TOU to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.
SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOU are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOU shall remain in full force and effect. These TOU constitutes the entire understanding, and supersedes all other understandings, between You and LaLaRent concerning the subject matter hereof. No waiver of a right of a party under these TOU will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOU) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
LaLaRent will not be liable under these TOU because of a failure or delay in performing LaLaRent’s obligations hereunder on account of any cause beyond LaLaRent’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOU are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
ANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOU and all related documents be drawn up in English.
APPENDIX A – ACCEPTABLE USE & CONDUCT POLICY
NONE OF YOUR USER CONTENT, LISTED ITEMS OR FEEDBACK WILL:
be posted, uploaded or transmitted to the Services other than via the App;
(i) infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral right or other intellectual property or proprietary right, or right of publicity, privacy or confidentiality; (ii) violate, or encourages any conduct that would violate, any applicable law, rule or regulation or would give rise to civil or statutory liability; (iii) promote or contain illegal or harmful activities or substances, such as hazardous substances; (iv) be fraudulent, false, misleading or deceptive; (v) be defamatory, libelous, obscene, pornographic, vulgar or offensive; or (vi) be violent, unsafe or threatening, or promote discrimination, bigotry, racism, hatred, abuse, offense, violence, harassment or harm against any individual or actions that are any of the foregoing or;
contain opinions or notices (commercial or otherwise) or chain letters;
contain URLs or links to web sites or services (to advertise Your company or web site or services); or
be used by You to impersonate another person, living or dead.
WITHOUT LIMITING THE RESTRICTIONS ABOVE, NO LENDER SHALL LIST ANY OF THE FOLLOWING ITEMS:
defective or non-functional items
items that are illegal or unauthorized to sell under any applicable law, rule, or regulation, including but not limited to counterfeit, replica, embargoed or stolen items
offensive or obscene materials
drugs or drug paraphernalia
tobacco or other smoking products
bodies, body parts, or bodily fluids of humans or other animals
surveillance tools or equipment
weapons or firearms (other than kitchen utensils)
lottery or gambling items
items that have been identified by any governmental agency as hazardous to consumers
items subject to a recall
financial products, including securities, equities, mutual funds, other funds, or bonds
YOU MAY NOT DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING IN CONNECTION WITH SERVICES AND LISTED ITEMS:
use the Services, or offer or use any Listed Item, for anything other than Your own personal purposes;
use the Services, or offer or use any Listed Item, for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;
contact a User for any purpose other than asking a question related to a Listing;
offer, as a Lender, any item for rent that You do not yourself own or have permission to rent or sell;
offer, as a Lender, any item for rent for a price You do not intend to honor;
fail, as a Lender, to deliver a Listed Item to Borrower after You have confirmed a requested booking for such item;
fail, as a Borrower, to return a Borrowed Item to Lender;
fail to honour Your commitments, including failing to pay any amounts owed to LaLaRent or any User;
use the Services to find a Lender or User and then circumvent these TOU or complete a booking of an item for rent or sale transaction independent of the Services in order to circumvent the obligation to pay any fees or split any revenue with LaLaRent under the TOU;
register for more than one Registered User Account or register for a Registered User Account on behalf of an individual other than yourself;
access or ascertain, or disclose, any other User’s password, Registered User Account, Content, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly;
use the Services to "stalk", harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any User;
violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Services;
use LaLaRent’s name, any LaLaRent trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LaLaRent’s express written consent;
exploit, use, make available, rent, lend, sell, frame, mirror, perform, display, broadcast, publish, exhibit, transmit, distribute, license, modify, delete, copy, download, post, create adaptations or derivative works of any of the Services;
operate a server in connection with the Services, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any LaLaRent Content or User Content transmitted through the Services, or to otherwise to send altered, deceptive or false source-identifying information;
take any action that imposes, or may impose (in LaLaRent’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes LaLaRent’s or the Services’ infrastructure;
interfere or attempt to interfere with the proper working of, or any activities conducted on or in the Services;
replicate the “look and feel” of the Services;
use any of the Services to, or solicit any other User to, build or join a product or service which competes the Services;
decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of the Services;
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer, communication network, device (including Your Mobile Device), data, or the Services, or any other system, device or property;
violate, or attempt to violate, the security of the Services, or any User’s Registered User Account, in any way through any means or device (e.g. spamming, hacking, crashing, uploading viruses or time bombs); or
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.