Terms of Service
Terms of Service
1. Introduction to RANNSAK’s Terms of Service
By accepting the terms of service outlined here, you recognize that you are entering into an Agreement with RANNSAK. You also understand that “RANNSAK” may also be referred to as “We”, “Our”, or “Us'' as appropriate throughout the agreement.
When You or the company or entity you represent (also known as the “User”) use RANNSAK’s website or services, then you consent to the Terms of Service contained herein, and to be bound by this Agreement, and any other conditions of use mentioned herein. If you agree to the Terms of Service, then you are also attesting to the fact that you have the legal right and authority to bind Yourself (or the entity You represent) to the agreement.
Please refer to our Privacy Policy to understand how we use Personal Data that you provide to Us or we collect from You. If for any reason, You disagree to abiding by any of the conditions set forth in this Agreement, or any of the other conditions mentioned herein, then You must not use, access, or engage with Our Service.
Any Capitalized terms in this Agreement should be interpreted as they are defined. Please review these terms thoroughly as they include, to the extent allowed by the laws in your jurisdiction, an agreement to arbitrate and additional information about important legal rights and remedies.
Any terms of this Agreement may be modified at any time. Be sure to visit this page often to ensure you understand the current terms of the Agreement.
2. Our Services
The terms of this Agreement govern all RANNSAK services, which include the website located at www.rannsak.com and the mobile app for RANNSAK (collectively, the “Service(s)”).
The Service fundamentally consists of providing an online platform whereby Users have the capacity to list and rent Items (“Items”, “items”). Users who use the service to provide Items for rent to others are called “Equipment Owners”. Users who use the Service to rent Items from Equipment Owners called “Renters.” Users of the Service may be both Equipment Owners and renters. In using the Service, Equipment Owners and renters enter into a contract directly between themselves for the temporary renting of Items. RANNSAK is merely the Platform to connect Equipment Owners and Renters and is not a party to any rental made via the Service.
You, the User, understand that there are inherent risks when conducting both financial and interpersonal transactions with others. Furthermore, you understand that these risks are borne by You, and not RANNSAK You are solely responsible for your decision to use the Service, rent items (as either the Equipment Owner or Renter), or complete any business transaction, or communicate with other Users on the Service, You accept that you will be liable for all of Your actions on the Service as well as any use of the Service made using your account.
3. Account Registration
Any personal information you provide to RANNSAK is governed by Our Privacy Policy. You understand that RANNSAK may institute policies and practices with regard to use of the Service, including but not limited to policies concerning the termination of inactive accounts, removing and/or permanently deleting content or data, and any other policies and practices that are within RANNSAK’s business interests. You further acknowledge that RANNSAK has the right to change Our policies, practices, and terms of Service at any time, with or without notice, at Our sole discretion.
The Service is explicitly designed for adults and is not available for use by Minors. Minors are any person under the age of 21.
The Service may not be accessed or used by those individuals who are either temporarily or permanently suspended members of the Service. RANNSAK reserves the right to deny anyone access to the Service or terminate any User account with or without notice for any reason or no reason.
You maintain responsibility for keeping your account information and password confidential. You agree to be responsible for any and all transactions that occur within your account. If you believe that the security of your account has been compromised or that your account is being used without your authorization, then you agree to immediately notify Us. RANNSAK is not responsible or liable for any losses or damages arising from any User’s failure to adhere to the terms set forth in this Section.
4. Relationship with Third-Party Services
RANNSAK reserves the right and will at its discretion provide Your Content to third-party services or third-party service providers (collectively known as “Third-Party Service(s)”). Third-Party Services may contact you via e-mail and telephone correspondence with other offers and links to websites outside of the RANNSAK network. These Third-Party Services are provided "AS IS'' without indemnification, support, endorsement, or warranty of any kind. The terms of this Agreement do not apply to Your use of any Third-Party Service as defined herein.
You maintain sole responsible for assessing the Third-Party Services offered and choosing whether or not You want to access or use the Third-Party Services offered. When applicable, you may choose to opt-out from Third-Party Services available outside of the RANNSAK network, or You may choose to not contact or use any or all of the Third-Party Services at any time. We reserve the right to suspend Third-Party Services at our sole discretion and at any point in time we deem appropriate.
Prior to your use of any Third-Party Service, it is your responsibility to review and consider the individual terms of service and/or privacy policies of the Third-Party Service. RANNSAK is not responsible for Third-Party Services. We do not recommend, endorse, or necessarily approve of any features, content, advertising, services, or products offered by any Third-Party Service.
5. Third-Party Products, Services, and Materials
RANNSAK is not responsible or liable under any circumstance for (1) any products/services/items/content (all, “Third Party Materials”), on the Service published by third parties, other users, or at the direction of users or (2) any errors, omissions, loss, or damage of any kind as a result of such Third- Party Materials on the Service. By using the Service, You explicitly acknowledge and agree that RANNSAK does not, and has no obligation, to review, appraise, inspect, and/or conduct any due diligence whatsoever of any Third-Party Materials on the Service, however RANNSAK reserves the right to do so, and delete Third-Party Materials at any time for any reason at Our sole discretion. You agree that you accept all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third-Party Materials.
6. Referrals and Credits
RANNSAK maintains the sole right to operate its marketing and promotional activities at its discretion and to this end, RANNSAK may decide to incentivize the new and/or continuous use of its Services by providing certain credits to users, for any reason at any time, at Our sole discretion. The conditions under which a new or existing member may receive credits, the total amount of credits awarded, and the worth of the provided credits (if any) will be assessed and allotted by RANNSAK. RANNSAK Credits are for use on the Services only and cannot be redeemed for cash or cash equivalents. RANNSAK Credits are non-transferrable, applicable to past purchases, and may not under any circumstances be sold, made available to the general public, or obtained through public distribution. Should a member’s account be Suspended, the member may not take advantage of Credits for the purposes of acquiring new Materials. Other restrictions may apply.
RANNSAK reserves the right to cancel or refuse to honor Credits at any time. RANNSAK may amend, update, or cancel this program without notice. RANNSAK retains the sole right to enact any rules and regulations with respect to the program. The extent to which and conditions under which You may use credits are governed entirely by the terms in which RANNSAK awards the credits. Credits do not last forever and may expire before you have the opportunity to use them. Should the credits expire, they may no longer be redeemed. RANNSAK reserves the right to cancel credits at any time and at RANNSAK‘s sole discretion. The terms governing the use of credits may be modified under the sole discretion of RANNSAK.
7. User Responsibilities
As a User of RANNSAK‘s services, you accept that you are solely, exclusively, and entirely responsible for all information, descriptions, pictures, files, listings, communications, data, text, documents, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service.
Certain types of Content are prohibited from being posted to the Service by RANNSAK. RANNSAK retains the right to investigate, pursue legal action, or take any other action necessary as it pertains to managing the Service, Your Content, Posting, or Use, without limitation, including preserving or saving such Content as necessary for investigative purposes.
As a User, you explicitly agree that you will refrain from using the Service to (1) offer any Content, Postings, or communications that are unlawful, harmful, violent, illegal, infringing on rights of third-parties, rights, objectionable, pornographic, libelous, invasive, or enable money laundering, gambling or any other unlawful or unwarranted behavior. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works of the Service or reverse engineer any part of the Service, or put unreasonable load on the Service infrastructure or interfere with the networks connected to the Service infrastructure (4) promote or encourage any illegal activity or enterprise (5) stalk, harass, bully, intimidate, threaten, impersonate, or solicit personal or private data from anyone, especially those that are under the age of 18 (6) copy, scrape, harvest, or use automated systems to retrieve personal information from the Service for use by any party not included in this Terms of Service (7) to sell anything you don’t have an explicit right to sell under the law (8) create a privacy or security risk (9) infringe on any party’s intellectual property (10) send users e-mail, junk mail, fraudulent communications, schemes, or other types of spam (11) distribute, share, or upload viruses that interfere with or interrupt the Service, or (12) take any action or inaction that RANNSAK, in its sole judgment, believes is questionable or could cause harm or liability.
8. Use of Your Content
By making use of our Services, you understand that all information, including but not limited to items, communications, offers, purchases, sales, etc. that You post, upload, send, transmit, or submit through Our Services (“Content”) will be shared with and viewed by other Users and will generally be made Public to anyone who accesses our Services.
You represent and attest to the fact that You own all rights to the Content submitted or transmitted to us or is uploaded to our Service, or, otherwise, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide or submit to the RANNSAK Service(s).
By posting, uploading, or transmitting any Content you hereby grant to RANNSAK a nonexclusive, worldwide, royalty free, fully paid up, transferable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify, make derivative works of, and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of RANNSAK, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third-Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). Furthermore, by using the Services, you explicitly represent and attest that the Content does not in any way infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not obligated to monitor any Content posted, uploaded, or transmitted by Our Users on Our Services, although we reserve the sole right to do so with or without notice, to prevent, halt, or remedy any alleged violations of this Agreement or any law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We reserve the right to refuse to accept or display the Content provided to us and may delete all or any portion of the Content at any time for any reason.
You agree that RANNSAK does not assume responsibility for the accuracy, usefulness, safety, or intellectual property rights of such Content. You further agree and attest that You may be exposed to Content that is inaccurate, offensive, or otherwise objectionable. Furthermore, You agree to waive, and in fact do waive, any legal or rights or remedies You have or may have against the RANNSAK Parties with respect thereto. Any and all Content You submit to Us is not considered private or confidential by RANNSAK, will be considered and treated as public information. You understand and attest that Content You submit is intended to be and will be shared with other users of our Services as well as third parties. RANNSAK has no control over and assumes no responsibility or liability for what other users may or may not do with your Content. You agree and attest to the fact that RANNSAK will not be held responsible or liable for any treatment of your Content as confidential and furthermore waives all rights with respect to any such claims of confidentiality. You acknowledge and attest to the fact that any inquiries, comments, ideas, feedback, messages, or other information about the Site or the Service (“Submissions”), provided by you to RANNSAK are strictly non-confidential. RANNSAK shall be entitled to the unrestricted use and distribution of these Submissions for any purpose, without acknowledgment or compensation to you. Should you decide that you do not want your submitted Content to be treated as public (and therefore, said Content will not be considered confidential), then you must immediately exit the Service and cease any further use of the Service.
9. Intellectual Property Rights
By using the Service, You understand and consent to the fact that the Service contains certain images, videos, text and descriptions that are third party content (“Service Content”) and that content is protected by copyright, patent, trademark, and other proprietary rights laws. RANNSAK retains exclusive rights to Our intellectual property. By using the Services, You understand and agree that you will not copy, modify, amend, scrape, distribute, produce derivative works, or the like with the Service Content or RANNSAK‘s intellectual property that you come into knowledge of through our Service not explicitly states and authorized by the terms of this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any and all goodwill generated from the use of RANNSAK Trademarks will inure to our benefit, exclusively. Any rights not expressly stated or granted herein are reserved by RANNSAK. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not be affiliated with, endorsed by, or connected to RANNSAK.
10. Intellectual Property Infringement
RANNSAK places great stock in the intellectual property ownership and rights of others and requires that our Users do so as well. While RANNSAK has no legal obligation to do so, it will make reasonable efforts to investigate complaints of alleged infringement or outright violations of intellectual property laws and take appropriate action when applicable. Should you come to believe that your intellectual property has been copied or stolen in a manner that violates your intellectual property rights, kindly send the following details to our Copyright Officer: (a) evidence that you are indeed the owner of the intellectual property in question, and/or are authorized to represent the owner of the intellectual property, (b) a detailed description of your work, (c) a detailed description of the infringing work, and (d) a statement clearly indicating that the use of the work in question is not authorized. If your intellectual property is removed due to an infringement complaint and You believe it was removed in error, then please provide our Copyright Agent with (a) proof that you are the owner of the intellectual property in question, or are authorized to represent the owner of the intellectual property, (b) a detailed description of the removed content, (c) a statement of good faith regarding ownership of the intellectual property, (d) your contact information or the contact information of your authorized representative, (e) a consent to submit to federal courts located in the [State of Massachusetts], and (f) a statement to accept service of process regarding the alleged infringement. RANNSAK will make every effort to resolve counter-notices within 14 business days, and will offer the original complaining party a chance to seek a court order against the counter-claiming party, and in the event that no order is requested, may allow for the original content to be reposted.
Please contact our Copyright Officer at info@rannsak.com (Subject line: Takedown Request), or through mail:
51 Pleasant St. #1047, Malden, MA 02148
11. Transactions
Assumption of Risk, No Warranty. As a User of RANNSAK, you agree to accept certain risks. RANNSAK provides no guarantee or warranty for any transactions or sales between Equipment Owner and Renter, nor has a title of ownership to any Items. YOU UNDERSTAND THAT RANNSAK IS NOT THE EQUIPMENT OWNER OR RENTER IN ANY TRANSACTION. You, as a Equipment Owner and/or Renter, assume, agree, and understand that you assume and bear all of the risks associated with selling or purchasing Items and/or services on the Service.
Associated Fees and Pricing. While there is no fee to register for the Service, RANNSAK does charge specific fees for certain transactions as set forth in the Fee Policy which can be found in Section 11.g of this agreement. All fee amounts are in US dollars.
Prohibited items. RANNSAK expressly forbids the listing, sale, and/or rental of any Item/service that is illegal to sell under any applicable federal, state, or municipal law, statute, or ordinance, including, without limitation, Items listed in our Prohibited Items Policy. RANNSAK does not permit the sale of counterfeit items or those items which infringe on the intellectual property rights of others.
Equipment Owner. By listing an item for rent on the Service, you explicitly provide that you have the legal authority to rent to others such items. Furthermore, you agree that your provided description of the item for rent is drafted truthfully, accurately, and completely. You commit that you will provide safe items in good working and mechanical condition. You agree to only offer items which are safe, sanitary, and in working order. You agree to not provide any items which have been illegally and/or improperly modified. You agree to regularly inspect and check your items for any defects in its operations or safety. Should RANNSAK determine that your item is not sufficiently safe for use, RANNSAK reserves the right to remove your item from the Platform. You agree to not cancel a booking for the exclusive purpose of obtaining a higher price from a different Renter. Equipment Owner maintains the right to change the item’s pricing as Equipment Owner chooses, although not while the item is out for rent. RANNSAK will pay the Equipment Owner the amount collected from the Renter, less the applicable fees payable to RANNSAK. The FEE POLICY is described in greater detail in section 11(g) of this agreement.
Renter. You agree that you are solely responsible for reading about and reviewing the item listing before making an offer to the Equipment Owner or deciding to rent the item from the Equipment Owner. You agree to exercise reasonable care in your use of the item, operating the item in compliance with all applicable laws. THE CONTRACT TO RENT THE ITEM IS BETWEEN YOU AND THE EQUIPMENT OWNER, not RANNSAK. It is incumbent on you to complete a visual inspection of the item/s before taking possession of the item. In the event that you find damage in your inspection, it is incumbent on you to take photos of such pre-existing damage and upload said images to RANNSAK. Should you find damage but fail to report it, it will be assumed that such damage DID NOT exist prior to your engagement with the item.
Rental. Once an Equipment Owner accepts an offer from a Renter, it is considered to be a Rental, and the two parties have entered into a legally binding contract. Upon renting an item for Rent, the Renter must remit payment for the item and RANNSAK. RANNSAK is not an auctioneer, nor is it a Renter, nor a Equipment Owner, nor a carrier. RANNSAK reserves the right to delay and/or suspend any Rental for purposes of fraud detection or to protect users from suspected illegal or otherwise wrongful activities. All Rentals are final. Returns, refunds, cancellations, or retractions are not allowed, except where (a) Renter cancels an order within three (3) days of the proposed start date of the reservation, or (b) the Rental is canceled where explicitly permitted by RANNSAK or where applicable, an Equipment Owner. All Renters who cancel within 3 days of reservation start will be returned 80% of the listing cost (not including Rannsak’s Service Fee). Renters that cancel a reservation the day of or after a rental period starts will receive no refund.
Fee Policy. The general fee policy which governs the transactions on the Service operate according to the following; LISTING AN ITEM FOR RENT IS FREE. AFTER YOUR ITEM IS SELECTED, YOU SUBMIT PAYMENT FOR THE FULL FEE OF THE RENTAL PRICE OF THE ITEM. STRIPE, OUR PAYMENT PROCESSOR, WILL HOLD ALL FUNDS UNTIL THE ITEM IS RETURNED TO THE EQUIPMENT OWNER. ONCE THE ITEM IS RETURNED TO THE EQUIPMENT OWNER, RANNSAK DEDUCTS 10% OF THE FINAL PURCHASE PRICE (EXCLUDING THE TAX) AS A SERVICE FEE FROM THE EQUIPMENT OWNER AND CHARGES AN EXTRA 10% OF THE FINAL PURCHASE PRICE (EXCLUDING THE TAX) AS A SERVICE FEE TO THE EQUIPMENT RENTER. All payments will be made and processed through the STRIPE payment processing system, a well-established and encrypted payment gateway. STRIPE WILL HOLD ALL PAYMENTS MADE IN ITS OWN SECURED SERVERS WHILE THE ITEM IS “OUT-FOR-RENT”. By submitting payment through RANNSAK, you expressly agree to abide by all of the associated terms and conditions mandated by STRIPE when using their services. Upon the submission of payment information to RANNSAK, You give RANNSAK authorization to submit that information to STRIPE and with your consent and confirmation, charge You for any Items rented.
Item/s Theft. The following conduct (although not limited to the following) may result in the reporting of the item you have rented as stolen to law enforcement, potentially exposing you to arrest, and civil and/or criminal penalties:
If you fail to return the item you booked at the time and place agreed upon with the Equipment Owner and/or designated in your reservation. If you do not return the item by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here. If the item is returned to any location which is not the location agreed upon with the host. Any damage to, or loss or theft of, an item occurring prior to the Equipment Owner examining the item upon return at the end of the reservation is the Renter's responsibility. If you mislead the Equipment Owner as to the facts regarding the booking, use, or operation of item. If you do not communicate in good faith with the Equipment Owner, police, Rannsak, or other authorities with a comprehensive account of any accident or vandalism involving the item or otherwise fail to cooperate in the investigation of any accident or vandalism. If the item is obtained by anyone who has given a fictitious name, incorrect address, or any other false or misleading information and or by someone who misrepresents or withholds facts to/from the Equipment Owner or RANNSAK, material to booking, use, or operation of item. The Renter who rents the Item is responsible for any private investigation costs RANNSAK deems necessary to recover an item that is not returned. Furthermore, a $400 case administration fee will be levied on the Renter if RANNSAK and/or the Equipment Owner has to report an Item as stolen to law enforcement due to it not being returned.
Repossession. RANNSAK and/or a hired agent of RANNSAK may repossess any item booked through the Services without demand, at the Renter's expense, should the item not be returned by the end of the reservation and/or used in violation of applicable law or these Terms. Missing Items. If an item you have booked through the Services is lost and/or is stolen during the reservation period, you must within twenty four (24) hours notify RANNSAK and the Equipment Owner of your discovery that the item has gone missing and cooperate fully with the Equipment Owner, law enforcement, RANNSAK, and other authorities in all matters related to the investigation.
Taxes. Please be aware that purchased items may be subject to all applicable taxes in your jurisdiction. RANNSAK will collect taxes from Renters on behalf of Equipment Owners when required to do so, and remit such taxes to the applicable taxing authorities on behalf of the Equipment Owners. Taxes are not included in the listed price for Items, but will be displayed before the confirmation of your purchase. Use of credits may alter taxes that apply to a Renter's order. Taxes may be estimated based on offers made on items, but are subject to change if the final sale price differs from the original offer. Taxes are based on a variety of factors, including price, location and state, local, federal or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale, you understand and agree that you are ultimately solely responsible for the verification and reporting of any and all applicable taxes to the appropriate authorities, including instances where RANNSAK may not collect taxes on your behalf.
Fee Modifications. RANNSAK reserves the right to temporarily or permanently change or discontinue some or all fees for the Service at any time without notice. Should any material changes take effect, we reserve the right to notify you of said changes by Email.
Returns. RANNSAK reserves the right to allow Renters to return an Item in certain situations. In the event that the Item received differs in a material way (as understood by RANNSAK than how the item was described by the Equipment Owners, then Renters may report their concerns through the Service or by sending an e-mail to info@rannsak.com, within one (1) days of the Item being taken possession of by the Renter.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, RANNSAK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RANNSAK MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO RENT (AS THE EQUIPMENT OWNER OR RENTER) ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
RANNSAK MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR RENTED, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF EQUIPMENT OWNERS AND RENTERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
13. Liability Limitations
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RANNSAK AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES (TOGETHER, THE “RANNSAK PARTIES”) AND ANY RANNSAK USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) ITEM AVAILABILITY (E.G., AN ITEM NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH AN ITEM (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH AN ITEM), (3) ITEM WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE ITEM), (4) THE LEGAL OR LICENSE STATUS OF A ITEM, RENTER, OR EQUIPMENT OWNER, (5) THIRD PARTY ASSESSMENTS OF AN ITEM’S VALUE, OR (6) ANY ACTION OR INACTION OF A RENTER OR EQUIPMENT OWNER.
FURTHERMORE, RANNSAK does not assume liability for (1) any Content or information posted on or submitted to Our Services; (2) purchases, sales, leases, rents or other transactions that may arise between Users of Our Services; (3) any damages that may result through the use of Our Services; (4) any negative, derogatory, obscene or offensive comments that may be posted by other Users through the Services; (5) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third-party personally identifiable information you upload or provide to RANNSAK pursuant to the Services; (7) any cost of substitute goods or services.
By using the Services, You understand and agree that you are solely responsible for your engagements with other users, including but not limited to any Rental transactions. You understand and agree that RANNSAK will have no liability or responsibility with respect to such interactions and Rental transactions. RANNSAK reserves the right to become involved in any dispute between You and another User at Our discretion, but is under no obligation to do so.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RANNSAK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT RANNSAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY/HARM OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (AND SPECIFICALLY, ANY RESULTING INJURY/HARM FROM USING THE ITEM/S RENTED), OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL RANNSAK BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO RANNSAK AS A RENTER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100.00).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. OUR LICENSORS AND SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. UNLESS SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW, YOU MAY NOT BRING ANY CLAIM UNDER THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES.
14. Indemnity Clause
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD RANNSAK AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR VIOLATION OF THESE TERMS, (3) YOUR USER CONTENT, (4) YOUR INTERACTION WITH ANY OTHER USER OF THE SERVICES, OR (5) YOUR BOOKING OF AN ITEM/S OR CREATION OF A LISTING FOR AN ITEM/S. SUCH INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO ANY INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE) ARISING IN CONNECTION WITH OR AS A RESULT OF A BOOKING, SHARING, OR USE OF AN ITEM/S. THIS INDEMNIFICATION PROVISION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RANNSAK AND YOU. IT SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF IT THAT ARE DEEMED UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
15. Rannsak Reimbursement Program
Rannsak provides Owners who always adhere to the Agreement with The Rannsak Reimbursement Program for Rentals in U.S of up to $1,000.
The Rannsak Reimbursement Program is limited to accidental damages, loss or theft. Rental equipment is only covered for the length of the rental period only and only if the equipment owner was not successful claiming the damage, loss or theft with their existing homeowners insurance or property insurance. The Rannsak Reimbursement Program only applies to equipment rented through the Rannsak platform. The policy will not cover any third party equipment or rentals; the policy does not provide coverage to personal injury or other losses, as these are the sole responsibility of the equipment owner or equipment renter, as applicable.
In the event of having to file a claim for accidental damages, loss or theft, Rannsak reserves the rights to determine if your claim qualifies for coverage under the Rannsak Reimbursement Program. Once a decision is made, it is considered final. You may be able to submit a request for reconsideration if you are able to provide new information to support your claim or if you believe an error was made.
Prior to submitting a claim you must submit:
Submit a claims form
Up to date images of the rental equipment, showing the make, model and condition must be sent to Rannsak for review.
For damages
The owner must communicate the damage to the renter within twenty four (24) hours within the platform and submit their claim to Rannsak within the twenty four (24) hours window.
Rental equipment damages during the rental period must be reported immediately to Rannsak. Damages must be reported within twenty four (24) hours of the rental and prior to any following rental or a claim cannot be accepted due to reasonable speculation of damages acquiring between rentals.
Owners must have, according to Rannsak’s guidelines, submitted a completed Pre & Post rental form for the rental arrangement.
Submit a claims form
Provide pictures of the rental equipment damages
Purchase receipt (if available)
For Theft
In the event where the renter refuses to return the rental equipment and does not agree to reschedule the rental return within twenty four (24) hours - the equipment owner must:
Agree to file a police report
Provide the Police Department with approval to release information to Rannsak
Notify Rannsak of the theft within twenty four (24) hours and file a police report within the twenty four (24) hours. If theft is not reported within the twenty four (24) hours, then it will be assumed theft of the rental equipment occurred after the rental transaction was completed.
A claim form will have to be filed within the twenty four (24) hours.
Purchase receipt (if available)
The Rannsak Reimbursement Program requests all claims to be submitted within the twenty four (24) hours, from the end of the rental transaction. All claims submitted past the twenty four (24) hours will not be accepted. Damage claims submitted within the twenty four (24) hours have to include all requested items (see damage section). Rannsak reserves the right to physically inspect the rental equipment for claims. Theft claims submitted within the twenty four (24) hours have to include all request items (see theft section). Rannsak reserves the right to request additional information from the equipment owner to support the success of processing a claim.
Rannsak reserves the right to deny a claim, if the owner does not comply, is not within the timelines outlined above or if any information is false. Rannsak reserves the right to attempt to collect damages from the renters and reserves the right to do so for up to ninety (90) days before paying out any approved claims.
The owner is required to attempt using their own business insurance, homeowners, renters insurance or liability insurance [or similar] prior to submitting their claim. Only if all of those attempts fail, will the Rannsak Reimbursement Program kick in.
In the case where the Rannsak Reimbursement Program kicks in, Rannsak reserves the right to reimburse or replace the rental equipment. Rannsak also reserves the rights to pay for repairs, instead of full replacement or reimbursement. At no time will Rannsak reimbursement exceed the outlined maximum reimbursement amount.
Rannsak does not claim, suggest or state that the Rannsak Reimbursement Program is sufficient or adequate for members in most cases. All members (renters & owners) must research their own insurance needs and inquire about possible other insurance (examples: homeowners insurance, travel insurance, liability insurance, etc.) to protect their rental equipment.
16. Mobile Services
When you gain access to the Service via a mobile device, you may be charged a fee for data usage or other associated costs from your wireless provider. You understand and agree that You take sole responsibility for Your use of the Service on your mobile device and adherence to the terms and conditions set forth by your wireless provider.
17. General
17.1 Governing Law
Each party agrees to follow and comply with all laws, rules, requirements, and regulations that are applicable to this Agreement. This Agreement shall be governed by the laws of the State of Massachusetts without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in the State of Massachusetts. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
17.2 Dispute Resolution, Arbitration Agreement
READ THIS SECTION CAREFULLY.
Should You have any claims or disputes, please send an e-mail to RANNSAK customer support at claims@rannsak.com. Any unresolved dispute shall be settled by binding and confidential arbitration proceedings, notice of which must be sent by You to RANNSAK ,per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution of the dispute is not reached within sixty (60) calendar days, You or RANNSAK ,may begin an arbitration proceeding. The arbitration will take place in a forum convenient to both parties. If the claims involved total less than $10,000, the arbitration would take place with document submissions or virtually unless in-person arbitration is required by law. Any arbitration proceedings are subject to the Federal Arbitration Act, or applicable binding arbitration laws or regulations in your state or jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. NOTWITHSTANDING THE FOREGOING, THE COMPANY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. Any claims brought by You must be in your capacity as an individual, not as a member of a class in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator does not have the authority to award monetary damages above the dollar amount allowed by this Agreement. The arbitrator is authorized to award any equitable remedy or relief it deems fair and equitable and within the terms of this Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award should be considered final and binding upon the parties. Appeals are not permitted except when permitted by California law or United States federal law. This Arbitration Agreement does not prevent you from bringing issues to federal, state, provincial, or local agencies. These agencies can seek damages against RANNSAK on your behalf, if allowed by law. Notwithstanding anything to the contrary in this Agreement, You may reject any change to an Arbitration Agreement within thirty (30) calendar days of such change. In the event that you reject change, terms of the original Arbitration Agreement language will apply.
17.3 Prohibition of class and representative actions and non-individualized relief.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
17.4 Severability and Non-waiver Agreements
In the event that any provision or term of this Agreement is not enforceable, the enforceability of any other provision herein will not be hindered or impacted. If any provision of this Agreement appears to be in conflict with another provision herein, then RANNSAK retains the sole right to choose which provision takes precedence in any situation. We reserve all rights under applicable law. Our choice to not enforce any term or provision within this Agreement or under applicable law should not and will not be interpreted as Our waiver of any enforcement rights under similar or differing circumstances at any time in the future.
17.5 Modification of this Agreement
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO MODIFICATION BY RANNSAK IN ITS SOLE DISCRETION AT ANY TIME. RANNSAK may change, amend, or terminate the service with or without notice. RANNSAK maintains no liability towards You or any third party for any such modification or discontinuation. If and when changes to this Agreement are made, a new copy of the Agreement will be available on Our Site or through the Services. We will also update the “Last Revised” date at the top of the Agreement. If We make any significant changes, and You are a registered User of the Services, we reserve the right to notify you of the changes via e-mail or through the Services, although we are under no obligation to do so. Any modifications to this Agreement will be effective immediately for new Users and will be effective twelve (12) days after we post the notice of such changes on the Site for existing Users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. Should you decide that you do not wish to abide by these or any future Terms, then do not use or access (or continue to use or access) the Service.
17.6 Termination
We maintain the sole right and authority to suspend or terminate the Services and/or Your account and/or removing your item/s at Our discretion at any time without explanation, advance notice, and liability to RANNSAK, though we will endeavor to give You an explanation for said termination in a timely manner. Appropriate law enforcement authorities will be notified of any activity on the Service that may be considered fraudulent, abusive, or illegal. You may terminate this Agreement by closing Your account for the Service. RANNSAK will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity, and limitations of liability.
17.7 Export Controls and Laws
All Software and Services may be subject to any and all export control laws that exist within your applicable jurisdiction. By using the Service, You expressly agree that you will not violate such export control laws. The violation of any such laws is your responsibility. The use of software, including where You use it, is Your complete responsibility and only at Your own risk.
17.8 Electronic Communication, Documentation
When you use the Service or send e-mails to RANNSAK, you agree that these constitute electronic communications. This Agreement and any other documents referenced herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Please be aware that printed versions of this Agreement and the documents referenced throughout are admissible in any legal proceeding.
17.9 Notices
As a User, You understand and agree that We will provide notices and messages to You within the Services, or if required, via e-mail or postal mail. You may provide RANNSAK notice and will be deemed provided once received by RANNSAK, addressed via mail to the address noted in Section 17.9 below.
17.10 Questions, Comments, or Concerns
Please contact us with any questions, comments, or to report a violation of this Agreement:
info@rannsak.com
18. Geographic Specific Provisions
18.1 Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
18.1.1 California Civil Code.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.