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Terms and Conditions

Last updated: August 2018

Boro Technologies Corporation (“Boro”), together with its subsidiaries and affiliates welcomes you to www.boro.one (the “Platform”). By accessing and using this Platform, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the "Terms" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE Platform.

1. What Are the Eligibility Requirements?

While we reserve the right to decline membership for any reason, criminal background check, credit score check, the following are the minimum eligibility requirements:

2. How Do I Join?

Join our community by signing up for an account using your Facebook account, Google+ account, or with your personal email address. Once you’ve created an account and verified your mobile phone, head over to your account page to start the pre-approval process. Please remember that the email address you use (be it your Facebook account's email address, your Google+ email address, or your personal email address) is our primary method of communication with you, so you'll want to make sure you check that email regularly. During the approval process, you’ll be asked to provide:

Once entered, Boro uses this documentation for authentication and verification. Using patented technology along with its business partners, Boro can detect fraudulent or forged personal identification within passports, driver’s license, health cards or military IDs in over 196 countries worldwide. Id verification process takes only a few seconds! Only provide your own information, since entering someone else’s information (e.g. a parent or significant other) may result in your membership being declined. No two individuals can share an account under any circumstance.

When you create a Boro account, you are providing Boro with written instructions and authorization for personal credit in accordance with the Consumer Reporting Act, R.S.O. 1990, c. C.33 or similar laws to obtain your personal and/or business credit report and/or perform a criminal background check.

3. Length of Application Process

We know you’re eager to start planning your next adventure, so we made the application process quick and easy. When you book your first equipment, we ask for your payment information and your driver’s license information or passport, so we can ensure you meet our eligibility requirements. In most cases, the eligibility check takes seconds, so you'll be ready to book in a few short minutes, provided we can verify all of your information. In some cases, we may need additional information for verification purposes; you’ll be prompted to provide these requirements when you attempt to book a product.

4. International Users

As we build our community, we’re firm believers in the more, the merrier. We invite people from all around the world to rent products on Boro, as long as you’re at least 16 years old and meet our eligibility requirements to become an approved user. To qualify, you will need to provide clear photos of your driver’s license and passport.

5. Product Terms

All rentals are made by third party users of the Boro Platform who are product owners (hereinafter called “Lessor”) to third party users of the Boro platform who are equipment rental customers (hereinafter called “Lessee”). All rentals are subject to the following Equipment Rental Terms and Conditions. “Equipment” shall refer to all products available for rental on the Boro Platform, together with any associated tools and/or accessories. Without limiting any other portion of these Terms, Lessee’s acceptance of these terms and conditions shall be made by either (a) Lessee providing order confirmation to Lessor through the Boro platform or (b) Lessee’s acceptance of any equipment from Lessor, whichever occurs first.

6. Availability, Acceptance and Governing Provisions

All equipment rentals are subject to availability of equipment at time of order. No orders for equipment rental machines or products through Boro shall be binding upon Lessor until accepted in writing by an authorized official; and in all events any such order shall be subject to these terms and conditions which shall be deemed part of such order upon acceptance thereof by Lessor. No additional agreements will be binding upon Lessor unless specifically agreed to in writing. Failure of Lessor to object to provisions contained in any purchase order or other communication from a Lessee shall not be construed as a waiver of these terms and conditions, nor an acceptance of any such provisions. This contract and these terms and conditions shall constitute the entire agreement between Lessor and Lessee, and shall be governed by and shall be construed according to the internal laws in the Province of Ontario.

7. Rental Period

The rental period begins on the booking time select from the Lessee, and ends on the minute the equipment(s) return to the originating Lessor. No allowance is made for Sundays, Holidays or time in transit. Lessee is obligated to return equipment to the originating Lessor or incur additional expense unless other arrangements have been agreed to in writing by Lessor’s within the Boro mobile app.

8. Equipment Usage

Lessee agrees that equipment usage shall be normal and customary, and warrants that Lessee is familiar and experienced in the safe operation of equipment. Training in proper handling and safe operation is strongly recommended for inexperienced or first time users of the equipment. Lessee agrees that equipment rental does not grant Lessee any title or property rights in the equipment, all title and property rights shall remain with the Lessor. Theft will not be tolerantly, and report accordingly.

9. Condition of Equipment

Lessee agrees that equipment usage shall be normal and customary, and warrants that Lessee is familiar and experienced in the safe operation of equipment. Training in proper handling and safe operation is strongly recommended for inexperienced or first time users of the equipment. Lessee agrees that equipment rental does not grant Lessee any title or property rights in the equipment, all title and property rights shall remain with the Lessor. Theft will not be tolerantly, and report accordingly.

10. Payment

All prices are stated, and payments must be received, in Canadian Dollars (CAD). Unless otherwise expressly stated all prices are subject to change without notice. Terms of payment Visa, MasterCard and American Express in advance are a requirement. The Lessee is responsible for all freight charges incurred on all equipment rental and accessory orders, both outbound and inbound, from the originating Lessor’s facility.

11. Taxes and Other Charges

Lessee shall bear applicable federal, state, municipal, and other government taxes (such as manufacturer's tax, retailer's occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, etc.) Taxes, fees or charges of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Lessor and Lessee, are not included in prices shown and must be added in sales record of Lessee. Tax exemption certificates, valid for certain businesses, must be presented to Boro at account creation and prior to any bookings if they are to be honored.

12. Damage, Loss or Missing Components

Lessee agrees to pay for any damage or loss of the Equipment, regardless of cause, and keep the Equipment in good repair and operating condition at all times. Equipment returned from Lessee inoperative, damaged or with missing components will be refurbished to original working order by Lessor at Lessee’s expense. Lessee shall be notified of refurbishing and missing component costs, including parts and labor, prior to the repair. All Equipment which cannot be returned to Lessor due to permanent damage or other causes will be invoiced to Lessee at its current published list market price.

13. Disclaimer of Warranties

The Equipment offered for rent on the Platform comes from other users, not Boro. Boro does not guarantee the reliability, accuracy, completeness, efficacy or timeliness of any Equipment, postings, descriptions, or user communications or the quality, safety, or legality of what is offered on the Platform.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE PLATFORM AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING THOSE OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING YOU UNDERSTAND AND AGREE THAT BORO OFFERS A PLATFORM ON WHICH EQUIPMENT OWNERS, LESSORS, MAY RENT EQUIPMENT TO PERSONS WHO WISH TO USE IT, A LESSEE. THE RENTAL OF THE EQUIPMENT IS STRICTLY BETWEEN THE LESSOR AND THE LESSEE, NOT Boro. Boro IS NOT THE OWNER OF ANY EQUIPMENT, AND IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON FOR THE PERFORMANCE, RELIABILITY, OR SAFETY OF ANY EQUIPMENT.

FOR EXAMPLE AND WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS:

1. IF YOU ARE A LESSEE, BORO IS NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY EQUIPMENT YOU RENT, ITS SAFETY, ITS LEGALITY, OR ANY INJURIES OR PROPERTY DAMAGE YOU OR OTHERS EXPERIENCE, UP TO AND INCLUDING DEATH, THAT RESULTS FROM THE USE/MISUSE OF THE EQUIPMENT, OR THE FAILURE OF THE EQUIPMENT TO MEET YOUR NEEDS.

2. IF YOU ARE A LESSOR, BORO IS NOT RESPONSIBLE FOR THE SAFETY OF YOUR EQUIPMENT, WHETHER IN TRANSIT OR IN THE HANDS OF THE LESSEE, OR FOR ANY DAMAGE, UP TO AND INCLUDING TOTAL LOSS, THAT MAY OCCUR TO YOUR EQUIPMENT.

WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, BORO, AND EACH OF ITS RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PLATFORM WILL BE SECURE; (V) THE USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE PLATFORM ARE THOSE OF THEIR RESPECTIVE PLATFORM USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORM AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF BORO. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE PLATFORM.

ANY EQUIPMENT PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

14. Limitation of Liability

The Lessee shall be solely liable for all damage arising from Equipment rental use, misuse or negligence of Lessee, including any accidents to persons or property arising thereof.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM, OR ANY EQUIPEMENT OFFERED FOR RENT ON THE PLATFORM. WE ARE NOT LIABLE FOR ANY LOSS, WHETHER OF MONEY (INCLUDING PROFIT), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF YOUR USE OF THE PLATFORM OR USE OF OR OFFERING OF ANY EQUIPMENT, EVEN IF YOU ADVISE US OR WE COULD REASONABLY FORESEE THE POSSIBILITY OF ANY SUCH DAMAGE OCCURRING. YOU EXPRESSLY ACKNOWLEDGE THAT BORO HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BORO. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the foregoing, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

15. Indemnity

By using the Platform, you hereby agree to release, indemnify, defend and hold harmless the Releasees from any and all loss, liability, claim, actions, suits, demand, damage or expense (including attorney’s fees) asserted by any entity relating in any way to your use of the Platform, any user content, your use of or offering of any Equipment, and/or breach of these Terms, including, without limitation, any and all claims based on your receipt and use/miss use of Equipment as a Lessee, your offering of Equipment as a Lessor, or based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

Without limiting the foregoing, as Lessee you also covenant and agree to release, indemnify, defend, and hold harmless Lessor free from any and all loss, liability, claim, actions, suits, demand, damage or expense (including attorney’s fees), arising out of, connected with, or resulting from the rented Equipment. This includes, without limitations, the manufacture, selection, delivery, possession or use of the rented equipment.

16. Compliance with Canadian Export Laws

If Lessee delivers products to others who may use the products outside Canada, Lessee acknowledges and shall advise others that the products are controlled for export by the Canada Department of Commerce, and that the products may require authorization prior to export from Canada or re-export. Lessee agrees that it will not export, re-export or otherwise distribute products in violation of any export control laws or regulations of Canada. Lessee further warrants that it will not export or re-export, directly or indirectly, any products to embargoed countries or sell products to companies or individuals listed on the Denied Persons List published by the Department of Commerce.

17. Anti Corruption

Lessee agrees it has not made and will not make any direct or indirect payment, offer to pay or authorization to pay any money, gift or valuables to any government official or the immediate family of such official, for the purpose of influencing an act or decision of the government or such individual in order to assist, directly or indirectly, Lessee in obtaining or retaining business, or securing an improper advantage.

18. Consequential Damages

Lessor shall not be liable for any consequential, incidental or contingent damages whatsoever.

19. Subletting Equipment

No part of the equipment shall be sublet, transferred or assigned by Lessee or removed from the location at which it was intended by Lessor to be used, as represented by Lessee, except with the prior written consent of Lessor through the Boro app.

20. Equipment Title

Title to the equipment is now and at all times hereafter shall remain and be vested only in Lessor. Lessee shall keep the lessee's interest in this agreement and the equipment free from all liens and encumbrances.

21. Default

In the event of Lessee's default or breach of any term or condition of this agreement, Lessor may terminate this agreement and declare the entire unpaid balance immediately due and payable, and in addition to any remedy provided by law, at Lessor's request Lessee shall immediately: (a) assemble the equipment and make it available to the Lessor at Lessee's premises, or at such other place as Lessor may designate; (b) permit Lessor to enter upon Lessee's premises and remove the equipment or render it unusable; or (c) permit Lessor to dispose of the equipment on Lessee's premises in such manner as Lessor may determine.

22. General

These terms and conditions, as published on the Boro Technologies website located at www.boro.one at the time of equipment rental, are the official equipment rental terms and conditions between Boro Equipment Owners (Lessor) and equipment rental customer (Lessee), and may be amended from time to time without notice at Lessor’s sole discretion.

Boro welcomes your questions and comments about privacy, and what we do. Please feel free to contact us at support@boro.com.

If you need to reach us by mail in regards to privacy questions, please write to us at am@boro.one