Terms

FUNSPREE – TERMS OF USE, LIABILITY WAIVER AND RELEASE

Funspree Corporation ("Funspree") OWNS AND OPERATES THE WEBSITE LOCATED AT www.Funspree.co ("Website"), THROUGH WHICH IT PROVIDES EQUIPMENT AND PRODUCT RENTAL AND RELATED SERVICES, AS DEFINED BELOW. THESE TERMS OF USE, LIABILITY WAIVER AND RELEASE ("Terms") APPLY TO ALL USERS OF THE WEBSITE AND SERVICES.

BY USING THE WEBSITE OR THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS MAY BE AMENDED OR UPDATED BY FUNSPREE FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL INDICATE YOUR ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.

Funspree Services

Accessing the Services. The Funspree service allows users to rent goods, equipment and other recreational products (“Company Equipment”), in cities and neighbourhoods where Funspree is available, through a rental platform offered via the Website, which allows users to select Company Equipment to rent and pay for the applicable rental fees (the “Services”).  The Company Equipment will be delivered to and picked up in accordance with these Terms.  

Eligibility. You must be at least the age of majority in your jurisdiction in order to use the Services. In order to access the Services through the Website, you must be a registered user. You must also agree to be bound by Funspree’s Liability Waiver and Release, which can be found at: www.Funspree.co/terms.

Account Registration and Credit Card. To register for an account (“Account”), you must provide Funspree with your full name, mobile telephone number, mailing address and email address. You will also be required to provide Funspree and/or its Payment Processors with valid credit card and payment information, including name, credit card number and expiry date, mailing address, email address and telephone number (“Billing Information”). The collection, use and disclosure of any personal information is governed by Funspree’s Privacy Policy, which can be viewed at: www.Funspree.co/privacypolicy.

Account Use. You agree that only you, the Account holder, are solely responsible for your Account and all Company Equipment rented through your Account, including any usage by a third party.

Payment Terms

Currency. Unless otherwise indicated, all amounts displayed to you on the Service are in the currency of your local jurisdiction.

Fees. Your access to and use of the Services is subject to your payment of the applicable rental fees due for the Company Equipment selected by you (“Fees”) and all other applicable amounts, charges and taxes indicated to you on the Website and when you use the Services.

Prices. Funspree’s current Fees  will be displayed on the Website and may vary by location and/or user demand and from time to time. Funspree reserves the right to change its Fees at any time without notice. The rental Fees (the “Rental Fees”) will be displayed when you search for available Company Equipment. You agree to pay the Rental Fees for any rental quoted to you before you pick-up the Company Equipment or the Company Equipment is dropped off for you.

Payment. Unless otherwise stated, any amounts owed by you in accordance with these Terms (including, without limitation, the Rental Fees and any Repair and Replacement Fees) are due upon reservation of the Company Equipment or receipt of an invoice or notification of amounts due (as applicable) and processed immediately using the Billing Information you provided. Receipts for any amounts paid by you in accordance with these Terms will be delivered to you electronically via the email address you provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly advise Funspree if your Billing Information changes due to loss, theft, cancellation or otherwise; and (iii) be liable for your failure to pay any Fees billed to you by Funspree caused by your failure to provide Funspree with up to date Billing Information. To offset its additional processing costs, Funspree may charge you for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over your credit limit; or returned or rejected payments. All administrative charges charged to you will be indicated to you on an invoice or receipt and you shall pay all such charges.  

Payment Processor. Funspree uses a third-party payment processor to process transactions ("Payment Processor"). You authorize your Billing Information to be provided to the third party Payment Processor. You acknowledge and agree that the Privacy Policy and any terms of use of the Payment Processor will govern your interactions with the Payment Processor and that our Terms and policies do not govern. FUNSPREE HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSOR. You should review the applicable terms and policies of the Payment Processor, including its Privacy Policy. Funspree reserves the right to use other payment processors with notice to you.

Network Access. You are responsible for obtaining the data network access necessary to use the Website and Services. Your mobile network’s data and messaging fees may apply if you access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use.

Rental Terms

Rental and Drop-Off Procedure. To rent any Company Equipment using the Services, log in to your Account on the Website and select the Company Equipment you wish to rent.  Subject to availability, Funspree will deliver the rented Company Equipment on the date you selected (subject to availability on such date) (the “Rental Date”), within the time period notified to you by Funspree and to the address that you provided at the time of the reservation (or such other address provided to Funspree by you and in writing).  Upon receipt, inspect the rented Company equipment for any damage or defects.

Rental Period. You may rent the Company Equipment for the number of days displayed on the Website at the time of your reservation (the “Rental Days”) before Funspree will pick-up the rented Company Equipment (via the "Pick-Up Procedure" explained below) (as renewed in accordance with these Terms, the “Rental Period”).  To renew your Rental Period for any additional period, log into your Account on the Website or contact Funspree (at support@funspree.co).  You agree to pay all Rental Fees for usage as communicated to you when you rent the Company Equipment and, if applicable, renew your Rental Period.  If Funspree is unable to pick-up the Company Equipment at the end of your Rental Period due to any fault of yours (via the “Pick-Up Procedure” explained below), Funspree may, in its sole discretion, consider the rented Company Equipment to be stolen and may, at its sole discretion, (i) file a police report for the theft, (ii) charge you up to the amount of the applicable Rental Fees for each additional number of Rental Days after the Rental Period in which Funspree has not been able to pick-up the rented Company Equipment (via the "Pick-Up Procedure" explained below) and/or (iii) charge you up to the retail price of the rented Company Equipment.  

Pick-Up Procedure. At the end of your Rental Period, Funspree will pick-up the rented Company Equipment from you on the date and within the time period communicated to you at the time of your rental and at the address you provided at the time of the rental or renewal.  Subject to any additional fees as explained in the “Rental Period” above, if Funspree is unable to pick-up the rented Company Equipment in accordance with the preceding sentence, Funspree will contact you to arrange a time, date and address to pick-up the rented Company Equipment.. If Funspree is unable to pick-up the rented Company Equipment due to, solely, its own fault, Funspree will work with the customer to make arrangements with you to pick-up the Company Equipment within five (5) business days after the Rental Period.  If Funspree has not been able to pick-up the rented Company Equipment after such five (5) business days, Funspree may, in its sole discretion, consider the rented Company Equipment to be stolen and may, at its sole discretion, (i) file a police report for the theft, (ii) charge you up to the amount of the applicable Rental Fees for each additional number of Rental Days after such five (5) business days in which Funspree has not been able to pick-up the rented Company Equipment and/or (iii) charge you up to the retail price of the rented Company Equipment.

Damaged Company Equipment. If you discover that the rented Company Equipment is defective or damaged in any way, use the Website or email Funspree (at support@funspree.co) to report this to Funspree immediately. 

Damage Caused by You. You will be responsible for any damage caused to the rented Company Equipment while it is rented under your Account. If Funspree determines, in its sole discretion, that you caused the damages (whether by negligence, wilfull misconduct or otherwise), Funspree shall notify you of such damage and the cost of repairing or replacing such Company Equipment and charge you for either, in its sole discretion, (i) the cost of repairing the Company Equipment or (ii) up to the retail price of the rented Company Equipment (the “Repair and Replacement Fees”).

Cancellation.  You will have the ability to cancel your reservation of any Company Equipment by using the Website or emailing Funspree (at support@funspree.co) to notify Funspree of such cancellation; provided that such notification is received by Funspree any time prior to the fourteenth (14th) day before the Rental Date. Cancellation notices received between the third (3rd) and fourteenth (14th) days before the Rental Date will be subject to a $60 cancellation fee. There will be no refunds for cancellations that are received less than three (3) days before the Rental Date. In addition, Funspree reserves the right to cancel any reservation of any Company Equipment by you for any reason and in its sole discretion. Funspree shall notify you of any such cancellation. Following receipt of a notification of cancellation by you or Funspree in accordance with these Terms, Funspree shall, if applicable, return any paid Rental Fees, minus any applicable cancellation fees, to you using the Billing Information you provided and within fifteen (15) business days of receipt of such notice.

BYLAWS. YOU ARE RESPONSIBLE FOR ADHERING TO ALL LAWS, RULES, OR REGULATIONS THAT ARE APPLICABLE IN YOUR JURISDICTION, INCLUDING BUT NOT LIMITED TO NOISE REGULATIONS AND REGULATIONS REQUIRING THE USE SAFETY GEAR. FUNSPREE MAY PROVIDE GUIDANCE AND RESOURCES TO ASSIST YOU IN UNDERSTANDING THE APPLICABLE LAWS IN YOUR JURISDICTION; HOWEVER, YOU ACKNOWLEDGE THAT ANY SUCH INFORMATION IS PROVIDED AS A TOOL ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHAT LAWS ARE APPLICABLE TO YOU WHEN YOU USE THE SERVICES.

Assumption of Risk

You agree that using or even having in your possession any of the rented Company Equipment may involve obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or other people, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. YOU AGREE THAT SUCH RISKS, DANGERS, AND HAZARDS ARE YOUR SOLE RESPONSIBILITY AND YOU WILL BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, CLAIMS AND ANY RELATED COSTS. IF YOU RENT, POSSESS OR USE ANY COMPANY EQUIPMENT, YOU ASSUME ALL RESPONSIBILITY FOR ANY INJURY OR DAMAGE TO ANY THIRD PARTY OR PROPERTY. If you allow any third party to operate, use or otherwise be in the presence in any rented Company Equipment rented, you represent and warrant that you have informed such party of these risks before allowing such party to operate, use or otherwise be in the presence of such Company Equipment and that you are assuming all risks of associated with such.

PROHIBITED BEHAVIOUR

You must not do any of the following while in possession of the Company Equipment and using the Services:

  • Allow any minor to operate or use any rented Company Equipment, except where permitted or reasonably to do so and under the appropriate and strict supervision of an adult;
  • Operate or use any Company Equipment while under the influence of alcohol, drugs or any other substance that would impair your ability to properly operate the Company Equipment;
  • Dismantle, take apart, or modify in any way the Company Equipment;
  • Rent, lease, sublease or timeshare any Company Equipment;
  • Use the Company Equipment for non-personal or leisure purposes (including, without limitation, using the Company Equipment for commercial or business purposes);
  • Operate the Company Equipment in any unreasonable, unsafe or prohibited manner, including as may be indicated by any operating manual, instructions or other information provided with the rented Company Equipment or otherwise communicated to you via the Website or otherwise by Funspree; or
  • Engage in any behaviour using the Services or Company Equipment that is reasonably expected to cause a risk of danger or harm to you, other people or property.

Breach of any of the above will result in your immediate termination from the Services.

 Content and Intellectual Property

End User License. Except for User Content (as that term is defined below), Website, and the information and materials that it contains, are the property of Funspree and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, Funspree grants you a non-transferable, non-exclusive, license to use the Website for your use (the "License"). Nothing in the Terms gives you a right to use the Funspree names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.

Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise ("User Content"), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Funspree, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. Funspree does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Funspree be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.

Restrictions on User Content and Use of the Services. Funspree reserves the right to suspend or cancel your access to and/or use of the Services for any reason or for no reason. Funspree also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website and/or Services, you shall not:

  • copy any content unless expressly permitted to do so herein;
  • upload, post, email, transmit or otherwise make available any material that:
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    • You do not have a right to make available under any law or under a contractual relationship;
    • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
    • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
    • contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  • impersonate any person or entity or misrepresent their affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  • collect or store personal data about other users or viewers;
  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
  • modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
  • register for the Service on behalf of a group or corporate entity.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.

License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Funspree will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. 

Feedback. If you provide Funspree with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), Funspree may use such Feedback in the Website or in any other Funspree products or services. Accordingly, you agree that: (a) Funspree is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Funspree, (c) Funspree (including all of its successors and assigns and any successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Funspree products or services and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Funspree or any of the other users of the Website in respect of the Feedback.

 

Third-Party Content

Advertising. You acknowledge and agree that the Website may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Funspree shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites. The Website (including User Content) may contain links to other websites that are not owned or controlled by Funspree. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Funspree of that third party, third party product or service. Funspree is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Funspree endorses or accepts any responsibility for the content or use of such websites, and you hereby release Funspree from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

 

Disclaimers

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." FUNSPREE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. FUNSPREE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND FUNSPREE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. FUNSPREE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FUNSPREE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR COMPANY EQUIPMENT (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT),(V) ANY MALFUNCTION OF THE WEBSITE OR SERVICES, INCLUDING AND CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF FUNSPREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUNSPREE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID FUNSPREE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD FUNSPREE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR COMPANY EQUIPMENT RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES.

 

Termination

Termination. Funspree may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with Funspree (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Funspree), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by Funspree in its sole discretion and that Funspree shall not be liable to you or any third-party for any termination of your access to the Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by Funspree shall be in addition to any and all other rights and remedies that Funspree may have.

Availability & Updates. Funspree may alter, suspend, or discontinue the Website at any time and for any reason or no reason, without notice. The Website and/or the Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Funspree may periodically add or update the information and materials on the Website without notice.

Security. Information sent or received over the Internet is generally unsecure and Funspree cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Funspree will not be liable for any loss or damage arising from your failure to comply with these requirements.

General. These Terms, together with any privacy policy that may be published on the Website and the Liability and Waiver Release, constitutes the entire agreement between the parties relating to the Website and Services and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Funspree. These Terms shall be governed by the laws in effect in the Province of Ontario, Canada without giving effect to any principles of conflict of law. The courts of Ontario shall have exclusive jurisdiction over any disputes arising out of these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Funspree to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Funspree must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Funspree’s prior written consent.

Language: The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce contrat et tous les documents qui s'y rapportent soient redigés en anglais.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Services, please contact us at: support@funspree.co.

Effective Date: June 1, 2018

 

FUNSPREE LIABILITY AND RELEASE WAIVER

 

You must be at least 18 to register on the Funspree website and mobile app (if any) and use any Funspree equipment, good or products.

Funspree Liability Waiver and Release: I HEREBY ASSUME ALL OF THE RISKS ASSOCIATED WITH MY USE OF THE SERVICES (as that term is defined in the Funspree Terms of Use) AND USE, OPERATION AND POSSESSION OF THE COMPANY EQUIPMENT (as that term is defined in the Funspree Terms of Use) ( RENTED BY ME, WHETHER USED, OPERATED OR POSSESSED BY ME OR A THIRD PARTY, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part Funspree or its shareholders, members, principals, partners, owners, transferees, directors, managers, officers, directors, employees, servants, successors, agents, attorneys, distributors, vendors, suppliers and representatives (collectively, the "Funspree Parties"), from dangerous or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault.

I certify that I am physically fit and that there are no health-related reasons or problems which impede my ability to use, operate or possess the Company Equipment. I have not been advised by any medical professional to refrain from operating the Company Equipment. I confirm that I will be responsible for any third-party use, operation or possession of the Company Equipment rented under my Funspree account and that I will inform such third parties of the risks outlined in this waiver.

I HEREBY WAIVE, RELEASE, AND IRREVOCABLY DISCHARGE the Funspree Parties from any and all actions, causes of action, liabilities, suits, debts, obligations, dues, accounts, bonds, covenants, contracts, claims, demands, indemnities, losses, costs (including professional fees), damages and proceedings whatsoever, whether in law or in equity, which I have ever had or may hereafter have, whether known or unknown, including but not limited to, liability arising from any acts or omissions of any kind, misconduct, negligence or fault of the Funspree Parties or of a third party, including any illegal acts, accidents, or cyberattack affecting the Services or Company Equipment, which cause any death, disability, personal injury, or property damage to me or a third party during my use, operation and possession of the Services  and/or the Company Equipment rented under my account.

I INDEMNIFY, HOLD HARMLESS, AND AGREE NOT TO SUE the Funspree Parties in the above paragraph from any and all liabilities or claims, including any damages to third party, made as a result of my use of the Services or using, operating or possessing of the rented Company Equipment, whether caused by negligence or otherwise.

I acknowledge that using, operating or possessing the Company Equipment involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to me or others people, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided and may carry with them the potential for death, serious injury, and property damage.

The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, acts of God, natural disaster, condition of participants, equipment, cyber attacks, vehicular traffic, vehicles, lack of hydration, and actions of other people.

I agree that this Waiver shall be binding on my estate, heirs, representatives, successors and assigns.

I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THIS DOCUMENT AND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND IMPOSES BINDING LEGAL OBLIGATIONS ON ME (INCLUDING INDEMNIFICATION OBLIGATIONS) AS WELL AS A CONTRACT AND I ACCEPT THE TERMS OF IT OF MY OWN FREE WILL.