Effective Date: May 2, 2016.
If you are registering for the Services on behalf of an entity, you hereby represent and warrant that you are duly authorized to enter this contract on behalf of the entity and bind the entity. In such case, the terms “User” and “You” shall refer to such entity.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of construction and construction rental services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Subject to the terms of this agreement, we grant to you a non-exclusive, non-transferable worldwide right to create an account and use this Website for your own use for the purpose of receiving the Services. While you may make limited copies of your booking information for rentals booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, subject to the terms of this agreement, you agree not to:
- Provide any false, misleading or inaccurate information when you register;
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, 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;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- 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, except to the extent the foregoing restrictions are expressly prohibited by applicable law
- deep-link to any portion of this Website for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Openlot may cancel any construction rental or service reservations associated with your name, email address or account, and close any associated Openlot accounts. If you have conducted any fraudulent activity, Openlot reserves the right to take any necessary legal action and you may be liable for monetary losses to Openlot, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Openlot Customer Service.
FEES, SUPPLIER RULES AND RESTRICTIONS
Supplier Terms and Bookings
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable construction rental product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Rentals are only guaranteed once the order request has been process, the availability of the equipment has been confirmed, the Fees (defined below) and any requisite deposit (if applicable) has been paid, and the confirmation email has been issued. Suppliers may change their prices without notice.
Fees and Reservations
The equipment rate displayed on the Website includes the rental fees for equipment reserved via the Services and the delivery fee for equipment reserved on your behalf by the Openlot Companies (collectively, the “Fees”). You authorize the Openlot Companies to make reservations for the total reservation price, which includes the Fees displayed on the Website, plus any tax recovery charges, service fees, and where applicable, taxes on the Openlot Companies' Services. You understand and agree that your credit card will be charged by the Openlot Companies for the total Fees including any applicable taxes. Upon submitting your reservation request via the Website, you authorize the Openlot Companies to reserve any such requested equipment with our suppliers and arrange for the payment and delivery of any such equipment to you from one of our third party suppliers.
Damage Fees. Subject to the terms of any insurance policy or loss damage waiver plan that You purchase, in the event of any damage to the Equipment, or if You fail to return the Equipment in the same condition as it was delivered to You, or the Supplier is required to incur extra operating fees (for example, to re-fuel the equipment), you will be issued an invoice for the cost of any such repairs, maintenance, cleaning, or operating costs incurred by the Supplier plus an additional seven and a half percent (7.5%) surcharge. We will automatically charge your credit card for the amount set forth in any such invoice on the tenth (10th) business day after the date of the invoice.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Openlot does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid equipment transactions are a recovery of the estimated taxes that Openlot s pay to the equipment supplier for taxes due on the equipment’s rental rate. The Suppliers invoice the Openlot for certain charges, including tax amounts. The equipment suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Openlot Companies act as co-vendors with the supplier with whom we book or reserve our customer's rental arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Openlot Companies to the equipment suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the equipment by our customers. Service fees retained by the Openlot Companies for their services vary based on the amount and type of equipment reservation.
Sales, use and/or local taxes are imposed on the amounts that we charge for our services (service fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your equipment stay.
Loss Damage Waiver
When you reserve equipment via the Website, you may also be required to purchase damage protection coverage, which ranges from approximately 10-18% of the rental fee, which includes our service fee. If you have your own insurance you can waive the equipment protection plan, upon provision to Us and Supplier of proof of adequate insurance coverage. If you choose to waive the equipment protection plan, you will be charged a flat rate fifty dollar ($50.00 CAD) service fee (in addition to the rental fee). In certain cases a supplier may not offer damage protection insurance, in which case you will be liable for any damage to the equipment.
Cancellations and Changes
We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some construction rental suppliers may require you to present a credit card or cash deposit upon equipment delivery to cover additional damages. Such deposit arrangement or requirement is solely between customer and supplier and is unrelated to any payment received by Openlot, Inc. for your construction rental booking with the supplier.
If you cancel your order or your order is cancelled by us and if you are entitled to a refund for all or part of the rental price of the equipment, such amounts will be re-deposited into the account that you paid from within [X] days of the cancellation. Please note that reservation service fees are non-refundable.
Supplier is solely liable for the delivery of the equipment to you, and delivery rules and any associated costs will be set exclusively by the supplier and not by Openlot. Openlot is not liable in any way for any delivery costs incurred in connection with the delivery of the equipment to you, or any damages, losses, harms, claims or other injuries to customers, suppliers or the equipment arising in connection with the supplier’s provision of the equipment to the customer.
Bank and credit card fees
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
REVIEWS, COMMENTS, PHOTOS, AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website, and agree not to post any of the content referenced in the “Prohibited Activities” section above. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Openlot, Inc. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same equipment, only your most recent submission is eligible for use.
All photos submitted are subject to our Photo Submission Guidelines.
Openlot claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Openlot, Inc.’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
PHOTO SUBMISSION GUIDELINES
Any photos you submit must be:
- On topic – All photos must be relevant to construction equipment or construction equipment rental experiences.
- Community/family friendly:
- Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
- Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
- Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Children under 13 may not submit photos or other materials.
- Original – You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
- Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
- No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Openlot and/or those using it.
DISCLAIMER ON USE OF EQUIPMENT AND ASSUMPTION OF RISK
YOU UNDERSTAND AND AGREE THAT OPENLOT PROVIDES A PLATFORM ONLY THAT FACILILATES TRANSACTIONS BETWEEN CUSTOMERS AND SUPPLIERS IN CONNECTION WITH THE RENTAL OF CONSTRUCTION EQUIPMENT. BY OFFERING RESERVATIONS FOR CONSTRUCTION PRODUCTS AND SERVICES, OPENLOT DOES NOT ENDORSE OR REPRESENT OR WARRANT ANYTHING IN RESPECT OF THE CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF ANY EQUIPMENT RENTED VIA THE WEBSITE, NOR THAT USE OF SUCH PRODUCTS OR SERVICES IS ADVISABLE OR WITHOUT RISK. OPENLOT IS NOT AND SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM USE OF SUCH PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY AND PRODUCT AND/OR EQUIPMENT DEFECTS AND MALFUNCTIONS. WE STRONGLY ENCOURAGE YOU TO USE COMMON SENSE, GOOD JUDGMENT AND DISCRETION IN RESERVING EQUIPMENT AND TO ONLY RENT EQUIPMENT THAT YOU HAVE THE NECESSARY SKILLS, QUALIFICATIONS, LICENSES OR CERTIFICATIONS TO USE AND/OR OPERATE. YOU HEREBY ACKNOWLEDGE THAT SOME OR ALL OF THE EQUIPMENT MAY BE DANGEROUS TO USE AND INVOLVES RISKS AND HARAZARDS INCLUDING RISK OF SERIOUS INJURY TO PERSONS (INCLUDING BODILY HARM OR DEATH) OR PROPERTY.
YOU HEREBY ACKNOWLEGE AND AGREE THAT YOU FULLY UNDERSTAND THE EXISTENCE AND NATURE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF ANY AND ALL RENTAL EQUIPMENT MADE AVAILABLE TO YOU VIA THE WEBSITE, AND THAT YOU FREELY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBLITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LOSS, CLAIM, INJURY OR HARM ARISING IN CONNECTION WITH YOUR USE OF SUCH EQUIPMENT.
The Information, Software, Products and Services published on this Website are provided on an “as is” and “as available” basis and may include inaccuracies or errors, including pricing errors. In particular, the Openlot Companies and Openlot Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the equipment and other construction-related products and services displayed on this Website (including, without limitation, the pricing, photographs, list of equipment options, list of equipment availability, general product descriptions, etc.). In addition, Openlot, Inc. expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Equipment ratings displayed on this Website are intended as only general guidelines, and the OpenlotCompanies and Openlot Affiliates do not guarantee the accuracy of the ratings. The Openlot Companies, the Openlot Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Openlot Companies, the Openlot Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
The Openlot Companies, and their Affiliates make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Openlot Companies or the Openlot Affiliates. All such information, software products, and services are provided "as is” without warranty of any kind. The Openlot Companies, the Openlot Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Openlot Companies, the Openlot Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Openlot Companies, the Openlot Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The rental companies and other suppliers providing construction rental or other services on this Website are independent contractors and not agents or employees of the Openlot Companies or the Openlot Affiliates. The Openlot Companies and the Openlot Affiliates does not examine any of the equipment or products made available by our suppliers, and are not liable for the condition of any of the products or equipment, including any product defects. The Openlot Companies and the Openlot Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Openlot Companies and the Openlot Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, or acts of any government or authority.
In no event shall the Openlot Companies, the Openlot Affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Openlot Companies, the Openlot Affiliates and/or their respective suppliers have been advised of the possibility of such damages. If, despite the limitation above, the Openlot Companies, the Openlot Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Openlot Companies, the Openlot Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the Service Fees you paid to Openlot, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred Canadian Dollars (C$100.00) or the equivalent in local currency.
You agree to defend and indemnify the Openlot Companies, the Openlot Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than OpenlotInc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Openlot has adopted a policy of terminating, in appropriate circumstances and at Openlot's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Openlot may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
CLASS ACTION WAIVER
Subject to applicable law, any dispute, whether in court or otherwise, will be conducted solely on an individual basis. You agree that you shall not have the right or authority for any dispute to be brought as a class action, or to participate in any class action or other proceeding in which any person acts or proposes to act in a representative capacity.
This Website is operated by a Canadian entity and is governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflicts of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Ottawa, Ontario, Canada in all disputes arising out of or relating to the use of this Website.
You agree that no joint venture, partnership, or employment relationship exists between you and the Openlot Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Openlot Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Openlot Inc. with respect to this Website.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit our Contact Us page.
©2016 Openlot Inc. All rights reserved.
Openlot Inc. (“Openlot”/ “We” / “Us”) operates openlot.ca, an online marketplace and platform that helps construction professionals easily search, compare and book rental construction equipment when and where they need it, as are further described in our
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.
"Personal Information" is personally identifiable information, such as your name, address, e-mail address, credit card information, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website. We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service purchases; user support; and surveys.
"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website is not considered Personal Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
Registration. We receive and store Personal Information you enter on our Website through our registration process, or otherwise provide to us in you use of the Services. When you register for an account, you will be required to provide your first and last name, telephone number, postal and email addresses, fax number, and billing information (such as credit card number, cardholder name, and expiration date). We also request that you submit a copy of government issued identification so that we can verify your identity. If you choose not to purchase insurance through the platform, we also require that you submit proof of insurance coverage for the tools that you are renting. We may also request information about your equipment preferences, and reward program or rental company account information. You can choose not to provide some information to us, but some information about you is required in order for you to register as a user or supplier, ask us a question, or initiate other transactions on our site.
Operator Information. When you make a reservation for someone else through this Website, we will request personal information and equipment preferences about that individual. It is your responsibility to obtain the consent of other individuals prior to providing us with their personal information and equipment preferences. Any access to view or change their information will be available only through your account.
Information from Other Sources. We also may periodically obtain information about you from affiliated entities, business partners, such as rental companies who use our services as a booking channel and add it to our account information. Examples of information we may receive include: updated delivery and address information, purchase history, and demographic information. When we collect information about you from a third party, we ensure that appropriate consent has been obtained. By transacting on this site, you agree that we may collect such information for fraud prevention purposes.
Automatic Information. We automatically collect session information about your computer when you visit this website. For example, we will collect your IP address, Web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as equipment viewed and bookings made. We use this automatic information to customize your user experience; to inhibit fraud; to serve advertisements, special offers and other information that may be of interest to you; and for other legitimate purposes we bring to your attention. If you do not want openlot.ca to collect information about you, please do not access the website.
How we use your information
With whom we share your information
This Website may share your information with the following entities:
- Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, identity and account information verification and authentication and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or, as discussed below, to facilitate the delivery of targeted online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
- Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you with those partners. Please note that we do not control the privacy practices of these third-party business partners and encourage you to review their privacy policies before you respond to any joint offer.
- Contractors and Employees From time to time we may employ third parties to help us improve the Website and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.
- Referring websites. If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share limited information about you with that referring website. We encourage you to review the privacy policies of any website that referred you here.
- Government and Law Enforcement Agencies. We may be required to disclose your personal information to law enforcement agencies and governments around the world for security, purposes.
We also may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements.
- Finally, we used cloud-based servers and accordingly, your personal information may be available to governments and their agencies worldwide under lawful order irrespective of the safeguards we have put in place to protect your Personal Information.
Other than as set out above, you will be notified in advance if personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers, investors, and suppliers. For example, we may tell our advertisers the number of visitors our website receives or the most popular types of rental equipment. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How you can access your information
You can access and update your contact information by visiting this website's My Account page. You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information using our online tools. However, you can open a new account at any time.
Your choices with respect to collection and use of your information
- As discussed above, you can choose not to provide us with any information, although it may be needed to book equipment or to take advantage of certain features offered on this site.
- You also can add or update information and close your account as described above.
- When you register as a user on this site, you will be given a choice as to whether you want to receive email messages from us about special offers. As a registered user, you can modify your choice at any time on the My Account page. Whether registered as a user or not, you will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them. These communications are an integral part of the Openlot service offering, including openlot’s approach to reviewing equipment and services available through openlot.
- The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this site, you will not be able to access portions of our site.
Cookies and other technologies
- To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.
- To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the rental tools offered on our sites.
This site may also use Web beacons, which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.
Display of tailored advertising and content
Data collected by business partners and ad networks to serve you with relevant advertising. Any advertisements you see on this website are served by us or by our service providers. But we also allow third parties to collect information about the online activities of users of our website through cookies and other technologies. We do not share with them any personal information about you, nor do we permit these third parties to collect personal information about you (such as email address or other contact information) on our site. These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites; and (2) advertising networks, which collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the Internet tailored to your apparent interests.
Data collected by companies that operate cookie-based exchanges to serve you with relevant advertising. Like other companies operating online, this website participates in cookie-based exchanges where anonymous information is collected about your browsing behavior through cookies and other technologies and segmented into different topics of interest (such as construction). These topics of interest are then shared with third parties, including advertisers and ad networks, so they can tailor advertisements to your apparent interests. We do not share personal information (such as your email address) with these companies and we do not permit these companies to collect any such information about you on our site.
How we protect your information
We want you to feel confident about using this website to make rental arrangements, and we are committed to protecting the information we collect. While no website can guarantee data security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. You are also responsible for protecting the security of your Personal Information. For instance, never share your email account information or password for the Services with any third parties, and log out from the platform when you are finished using it.
This is a website tailored to construction professionals that does not offer services directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How you can contact us
Write: c/o Openlot Inc. 45-1150 O’Connor Street, Suite 1150, Ottawa, Ontario, K1P 5E1.
Openlot User refund
The Openlot User Refund Policy outlines the refund available to Users who book and pay for equipment listed by a Supplier through the Openlot platform and experience an Equipment Issue and the obligations of Suppliers who list and receive reservations for equipment through the Openlot platform associated with the User Refund Policy.
Equipment Issue. An “Equipment Issue” means any one of the following:
The Supplier of the equipment
- Cancels a reservation shortly before the scheduled start of the reservation;
- Fails to deliver equipment within a reasonable proximity to the time and location agreed to in the booking; or
- Fails to provide the User with the reasonable ability to use the equipment (e.g. by failing to provide the keys).
The description of the equipment in the listing on the platform is materially inaccurate with respect to:
- The function, class, or size of the equipment; or
- Included attachments or services.
At the start of a rental, the equipment:
- Is not generally clean;
- Has safety or health hazards that would reasonably expected to impact the equipment User in openlot’s judgment;
- Is in a poor state of repair or maintenance; or
- Has damage not disclosed in the listing.
During the rental period, the Supplier fails to repair or replace equipment that suffers a breakdown as a result of:
- The Supplier failing to conduct maintenance as agreed to in the listing; or
- An equipment repair issue that, in our opinion, existed prior to the beginning of the equipment rental period.
- The Supplier of the equipment
The User Refund Policy
If you are a User and you booked the equipment through the platform, we agree, at our discretion, to either:
- Reimburse you up to the amount paid by you through the platform, depending on the nature of the Equipment Issue suffered, or
- Use our reasonable efforts to find and book you another piece of equipment for any remaining days in your booking which in our determination is reasonably comparable to the equipment described in your original reservation in terms of size, function, attachments, and quality.
- All determinations of Openlot with respect to the User Refund Policy, including without limitation the size of any refund, shall be final and binding on the Users and Suppliers.
- If you are a User and you booked the equipment through the platform, we agree, at our discretion, to either:
Claiming an Equipment Issue
Only a User may submit a claim for an Equipment Issue. If you are a User, in order to submit a valid claim for an Equipment Issue and receive the benefits with respect to your rental, you are required to submit the following:
- you must bring the Equipment Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the equipment and the circumstances of the Equipment Issue within 24 hours after the start of your rental, and must respond to any requests by us for additional information or cooperation on the Equipment Issue.
- You must not have directly or indirectly caused the Equipment Issue (through your action, omission or negligence).
- You must have used reasonable efforts to try to remedy the circumstances of the Equipment Issue with the Supplier prior to making a claim for an Equipment Issue.
- Only a User may submit a claim for an Equipment Issue. If you are a User, in order to submit a valid claim for an Equipment Issue and receive the benefits with respect to your rental, you are required to submit the following:
Minimum Quality Standards, Supplier Responsibilities and Reimbursement to Users.
- If you are a Supplier, you are responsible for ensuring that the Equipment you list on the Platform meets minimum quality standards regarding condition, adequacy of the description on the Platform, safety, cleanliness, and does not present a User with Equipment Issues. Throughout a rental period, Suppliers should be available, or make a third-party available, in order to try, in good faith, to resolve User issues.
If you are a Supplier, and if
- Openlot determines that a User has suffered an Equipment Issue related to Equipment listed by you and
- Openlot either reimburses that User any amount up to the amount paid by the User through the Platform for the Equipment or provides alternative Equipment to the User, you agree to reimburse Openlot up to the amount paid by Openlot within 30 days of openlot’s request. All determinations of Openlot with respect to the User Refund Policy, including without limitation the size of any refund to the User, shall be final and binding on the Users and Suppliers. You also agree that in order for you to reimburse Openlot up to the amount paid by openlot, Openlot may offset or reduce any amounts owed by Openlot to you by this amount. If the User continues to use the Equipment despite the Equipment Issue, the User will receive a refund that will reduce the amount of the Equipment Fees ultimately paid to you. If the User is provided with alternative Equipment, you may lose part or all of the Equipment Fee payment for the booking and you may be responsible for reasonable additional costs incurred to deliver to the User the alternative Equipment.
- The rights of the Users under the User Refund Policy supersede the cancellation policy established by a Supplier. If you dispute the Equipment Issue you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Equipment Issue, provided you must have used reasonable and good faith efforts to try to remedy the Equipment Issue with the User prior to disputing the Equipment Issue claim. You agree that all determinations of Openlot with respect to the Equipment Issue shall be final and binding on the Users and Suppliers regardless of your submission of a dispute against such Equipment Issue.
- In the event of one or more Equipment Issues, openlot, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Equipment Issues, cancelling future bookings, suspending or removing the listing of the Equipment, suspending or cancelling a Supplier account, or imposing penalties or fees for the administrative burden associated with the Equipment Issues.
- No Assignment/No Insurance. This User Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the User, and the User has not paid any premium in respect of the User Refund Policy. The benefits provided under this User Refund Policy are not assignable or transferable by you.
- Modification or Termination. Openlot reserves the right to modify or terminate this User Refund Policy, at any time, in its sole discretion, and without prior notice. If Openlot modifies this User Refund Policy, we will post the modification on the Platform or provide you with notice of the modification and Openlot will continue to process all claims for Equipment Issues made prior to the effective date of the modification.
Entire Agreement and Definitions. This User Refund Policy constitutes the entire and exclusive understanding and agreement between Openlot and you regarding the User Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Openlot and you regarding the User Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Openlot Terms of Service.
(d) Controlling Law. This User Refund Policy will be interpreted in accordance with the laws of the Province of Ontario and Canada, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL AVENAI, INC or OPENLOT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS OPENLOT POLICY TERMS, EXCEED THE AMOUNT OF THE EQUIPMENT FEES COLLECTED BY OPENLOT FROM THE USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING EQUIPMENT OR OTHERWISE USING THE PLATFORM, SERVICES AS A SUPPLIER OR USER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting openlot. If you have any questions about the User Refund Policy, please contact Openlot at firstname.lastname@example.org