Terms of Service
RUCKIFY TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) CAREFULLY AS THEY WILL OUTLINE AND CONTAIN IMPORTANT INFORMATION. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, DO NOT SIGN UP TO THE RUCKIFY PLATFORM OR USE ANY OF THE RUCKIFY INC. SERVICES. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN RUCKIFY AND THE USER.
RUCKIFY INC. (HEREAFTER REFERRED TO AS “RUCKIFY”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.RUCKIFY.COM (THE “WEBSITE”) AND THE RUCKIFY APPLICATION (“APP”). THE RUCKIFY WEBSITE AND APPLICATION WILL BE KNOWN AS THE (“PLATFORM”). OUR PROPRIETARY PLATFORM ENABLES REGISTERED POSTERS (“POSTERS”) TO LIST THEIR TANGIBLE ITEMS FOR LEASE TO OTHER USERS (“RENTERS”) AND ALLOWS RENTERS TO SEND PAYMENTS THROUGH THE PLATFORM, AS WELL AS OTHER RELATED SERVICES (THE “SERVICES”)
THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SERVICES, INCLUDING POSTERS, RENTERS, USERS WHO UPLOAD, DOWNLOAD, USE OR ACCESS CONTENT ON THE WEBSITE, RUCKIFY APP AND/OR THE USERS WHO SIMPLY VIEW THE CONTENT ON THE WEBSITE (COLLECTIVELY, “USERS”).
BY VISITING THE WEBSITE, CREATING AN ACCOUNT THROUGH THE WEBSITE/APP OR OTHERWISE USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS WEBSITE/APP OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS MAY BE REVISED OR UPDATED BY US FROM TIME TO TIME AND WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE USERS WITH ADVANCE NOTICE OF ANY CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY REVISIONS OR UPDATES OF THESE TERMS SHALL ACKNOWLEDGE YOUR ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.
- THE SERVICES
1.1 Ruckify Services. The Ruckify Platform allows Users to offer to rent out household items and other goods (“Items”) to other Users. Users who seek to rent out Items as “Posters” can create and publish on the Platform a listing in respect of the Item, which includes pricing (minimum rate, hourly, daily, weekly, monthly, event), pictures, description, availability type (quick check, manual, system), pickup location, delivery from location, as well as any rules or instructions Users seeking to rent an item from a Poster (“Renters”) can make requests to book the Items in accordance with the terms set by the Poster.
1.2 Posting an Item. When Posting an Item, a Poster shall include all relevant safety instructions or any relevant use information in respect of the Item. Ruckify reserves the right to inspect or verify the information provided in respect of any Item or listing. We may ask for a better quality picture or provide a better quality picture as we see fit.
1.3 Booking an Item. Renters can request to book Items made available by Posters by making a request to the Poster through the Platform and including the requested “Booking Start Date” and “Booking Completion Date” and paying the applicable fees (as set out in Section 4 below), including the rental fee charged by the Poster (“Rental Fee”). Once confirmed by the Poster, Ruckify with notifying Renter that the Booking is confirmed.
1.4 Delivery and Use of Item. On the Booking Start Date, Posters and Renters are required to be at the agreed upon location to deliver the Item to the Renter. Renters are responsible and liable for the Item during the Booking and must treat the Item with care and respect. Renter will be liable to cover the costs of damage or replacement of any damages or loss of the Item during the Booking, as well as any damages associated with failing to return the Item on time. Upon return to the Poster at the agreed upon location. The poster will inspect the Item to ensure it is in the same condition that it was when it was delivered to Renter. After the inspection, a cleaning fee may be a result depending on the item and the Poster’s additional fees.
1.5 Insurance. Ruckify has insurance through a third-party insurer that covers eligible Items of Posters located in eligible jurisdictions. The details of the insurance policy are located at http://www.ruckify.com/en/insurance-policy.
A Poster may choose to opt out of the insurance coverage, provided that the Poster assumes all risk associated with renting its Item through the Platform. The cost of the insurance coverage is included in Ruckify’s standard service fees. However, Posters who opt out of the insurance may be eligible for a discount on the service fee.
For covered Items, Ruckify will indemnify and hold harmless the Poster for any deductible to be paid in association with a valid claim under the insurance policy. In order to make a claim under the insurance, the Poster must submit a claim to Ruckify within 24 hours of the Booking ending and file a police report if requested by Ruckify.
IF POSTER OPTS OUT OF THE INSURANCE COVERAGE OR THE RENTAL IS NOT COVERED BY INSURANCE BASED ON THE LOCATION OF THE BOOKING OR CATEGORY OF ITEM (E.G. EXCLUDED ITEMS), POSTER AGREES THAT RUCKIFY SHALL HAVE NO LIABILITY TO POSTER IN THE EVENT OF ANY DAMAGE, LOSS, OR THEFT TO AN ITEM RENTED THROUGH THE PLATFORM.
In the event of any inconsistency between these Terms and the Insurance Policy, the terms of the Insurance Policy will prevail solely to the extent of any inconsistency.
1.6 Rental Agreements. Once a Poster has accepted a request to book an Item from a Renter and the Booking is confirmed, the Posted and Renter will be required to execute a Rental Agreement in respect of the Booking. These Terms shall form part of the Rental Agreement.
- REGISTRATION AND ACCOUNTS
2.1 Registration. In order to use Services as a Poster or Renter, you must register for an account (your “Account”). You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”); (b) maintain the security of your password, and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
2.2 Eligibility. Ruckify makes the Services available in certain cities, as stated on our Platform (“Eligible Locations”). In order to register for an Account, you must be located in an Eligible Location and you must be at least 18 years old. Ruckify reserves the right to amend its eligibility criteria at any time.
2.4 Organization Accounts. If you register for an Account or use the Services on behalf of any organization, entity or third-party, you hereby represent and warrant that you have the authority to bind such entity and agree to these Terms on behalf of such entity.
2.5 Billing Information. Registered Users are required to provide valid credit card information, direct deposit information or other acceptable payment information to register (collectively known as “Billing Information”), which will be provided to Ruckify’s third-party payment processor (“Payment Processor”) and used for payment of fees and payouts under these Terms and remittance of payment for Platform transactions. Users shall promptly advise Ruckify if their Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay fees caused by out-of-date Billing Information.
3.1 Use of the Platform. If you interact with the Ruckify Platform in any way or create an Account, you do so at your own risk and understanding of our Terms of Service. Ruckify is not and will not be responsible for any actions by another user, individual, business, association, entity, or group that may physically, financially, verbally, digitally harm or distress you in any way. We use commercially reasonable efforts to provide an honest, safe, and trustworthy community but cannot be responsible for the actions of third parties.
3.2 Damage and Theft. Unless expressly indicated otherwise, Ruckify will not be responsible or any damages, theft, or destruction of items booked through the Platform and any losses arising from the use of the Platform will not be compensated or reimbursed by Ruckify.
3.3 Accuracy of Users and Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on Ruckify. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact through the Platform. We do not endorse any persons who use or register for our Services. However, Ruckify reserves the right (but is not obligated to) verify the identity of Users as well as the availability and fitness of Items listed for rent by Posters. RUCKIFY IS NOT RESPONSIBLE FOR ANY FALSE OR MISLEADING INFORMATION ON THE WEBSITE OR PLATFORM AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE PLATFORM OR INFORMATION PROVIDED ON THE PLATFORM.
3.4 RENTAL EQUIPMENT. USE OF ANY ITEMS RENTED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEY HAVE ADEQUATE KNOW-HOW, TRAINING, SKILLS AND ABILITIES TO USE ANY ITEM, INCLUDING OBTAINING AND REVIEWING MANUFACTURER INSTRUCTIONS AND SAFE HANDLING GUIDES. RUCKIFY WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, DAMAGES (INCLUDING DAMAGES TO INDIVIDUALS OR PERSONAL PROPERTY OR DEATH) ARISING FROM USE OF ANY ITEM.
- BOOKING FEES AND PAYMENT TERMS
4.1 Fees. There are no fees to register for the Ruckify Services. However, Ruckify charges fees for each transaction made through the Platform (“Transaction Fees”). In particular, Ruckify charges Posters a fee for each completed transaction, which fee is displayed to the Poster at the time that Poster lists his or her Item. Ruckify charges a Renters a processing fee for each item that has a deposit, which fee is displayed to the Renter at the time that Renter is at the checkout for a Booking. If you rent out an Item as a Poster or rent an Item as a Renter, you agree to pay all Transaction Fees described herein or otherwise quoted to you at the time of the transaction.
4.2 Taxes. Transaction Fees and any other fees for purchases made through the Platform are subject to applicable taxes which will be determined by Ruckify and added to the respective fees. Ruckify is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with the Poster’s services rendered or income earned through the Platform (“Poster Taxes”). Posters are solely liable for calculating, reporting, remitting and withholding any taxes associated with Poster’s services rendered through the Ruckify Platform and agrees to indemnify and hold harmless Ruckify for any taxes
4.3 Payments. Ruckify uses a third-party service provider, Stripe, to process all payments through Platform. Users are not permitted to make payments outside the Platform in connection with transactions arising from the use of the Platform. By providing your Billing Information, you agree to allow Ruckify to capture payments for when you confirm a booking by paying 50% of the booking total or 100% of the booking total. Ruckify does have the ability to process additional charges for late fees or fees from a Dispute. Ruckify is not responsible for any fees that may or may not be applied to your Billing Information by your credit card provider or financial institution related to your use of the Services. Ruckify disclaims all liability in this regard.
4.4 Booking Process. In order for a Renter to confirm a Booking, the Renter must pay 50% of the total booking fees at the time of Booking (“Booking Deposit”). The remaining balance will automatically be charged to Renter’s Billing Information five (5) days before the Booking Start Date. The Booking Deposit and balance will be held by Ruckify for the duration of the Booking. If the Billing Information is denied or the payment otherwise fails, Ruckify will automatically attempt to re-process the payment until it is successful or the Booking is canceled. If the Booking Start Date is less than five (5) days away from the date that Renter requests to make the Booking, Renter will be required to pay 100% of the total Booking fees to confirm and reserve the Item(s). Both the Renter and the Poster agree to allow Ruckify hold the funds from the time of the first payment to the date that the Booking is marked as completed or a dispute has reached a resolution.
4.5 Damage Deposit. The poster may have the option to require Renter pay a damage deposit (“Damage Deposit”) which will be collected and held by Ruckify for the duration of the Booking. If Poster requires a Damage Deposit, this must be paid at the same time as the applicable Booking Fees. If the equipment is damaged, lost or stolen during the Booking, the Renter will immediately forfeit the Damage Deposit and Ruckify will pay Poster the amount of the Damage Deposit, provided that Poster submits an “Issue” on the Platform to Ruckify within 24 hours of the Booking ending and files a police report if requested by Ruckify. The poster will not be entitled to any other compensation from Ruckify or Renter. In cases where a deposit is required both the Poster and the Renter pay an additional processing fee.
4.6 Payment to Poster. Ruckify will release the Rental Fees owed to the Poster (the total Booking Fees less the Ruckify Service Fee and any other applicable taxes and fees) at the time that the Booking is marked as Complete. Depending on the Poster’s bank, it may take a few business days for the funds to be deposited to Poster’s Billing Information.
4.7 Issues. If there is an “Issue” requested within 48 hours of the Booking Completion Date, the funds will not be released to the Poster until the Issue has reached a resolution. Ruckify has the right to determine, in its sole discretion, how to resolve an Issue, including:
- Issuing a refund to the Renter;
- Requiring the Renter to pay for damages caused to an Item;
- Suspending or terminating any User’s Account; and/or
- Requiring the Renter to pay the listed additional fees.
4.8 Refunds. Ruckify does not offer any refunds in respect of Transaction Fees. Some Poster’s may offer refunds in accordance with our Cancellation Policy available at http://www.ruckify.com/en/cancellation-policy. Renters must review the Poster’s cancellation terms at the time of requesting a booking to determine the Poster’s cancellation policy.
4.9 Credit card chargebacks. Renters are liable for all Booking Fees and are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. A chargeback is usually issued when a customer disputes a charge that appears on their credit card statement. A chargeback may result in the reversal of a transaction. When a chargeback is issued, Renter is immediately liable to Ruckify for the full amount of payment of the chargeback plus any associated fees, fines, expenses or penalties. You agree that we may recover these amounts by means of any Billing Information or another bank account you have provided to Ruckify or by way of set-off of any amounts owed by Ruckify to you. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid chargebacks unpaid by you.
4.10 Late Fees. In the event that an item is not returned on the booking’s end date and time, the renter will be charged 3x the daily rate of the item for each day it is not returned. If the item is not returned within 4 days it will be escalated to the appropriate authorities and with a description of your personal information.
- LICENSE; INTELLECTUAL PROPERTY
5.1 License. Subject to your compliance with these Terms and your payment of any fees owed hereunder, Ruckify grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform, and the Services, and (b) download, install and use one copy of the App, if available, on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the Ruckify names, trademarks, logos or other distinctive brand features without our prior written consent.
5.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Ruckify Content”), and all intellectual property rights related thereto, are the exclusive property of Ruckify and its licensors. Use of the Ruckify Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ruckify under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone
5.4 User Content. Ruckify does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Ruckify Website, App or Service, including but not limited Item descriptions, photos, graphics, designs, drawings, electronic documents and comments (“User Content”). However, by using the Website, App and/or Services, you grant Ruckify a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, App and Services.
5.5 Notice and Procedure for Making Claims of Copyright Infringement. Users are strictly prohibited from using the Platform and Services to infringe the intellectual property rights of others. If you believe your copyright has been infringed, please provide Ruckify with the following information and Ruckify will forward your notice to the User:
- claimant’s name and address;
- identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
- specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
- specify the infringement that is alleged, and
- specify the date and time of the alleged infringement.
Notices must be sent to email@example.com. Ruckify has an obligation under Canadian copyright law to forward any notice that complies with Copyright Act.
- LICENSE RESTRICTIONS
Ruckify may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Ruckify Website and the Services only for purposes as permitted by these Terms. Ruckify reserves the right to modify or impose any limitations on the use of the Ruckify Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Ruckify Platform at any time without any liability whatsoever. In using the Ruckify Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Ruckify Website, App or the Services;
(c) 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.
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Ruckify Website, App or any software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) use automated scripts to collect information or otherwise interact with the Services or the Website; or
(g) advocate, encourage or assist any third party in doing any of the foregoing.
- USER CONDUCT
7.1 All Users. In using the Services as a Poster or Renter, you agree to comply with all Booking procedures and use best efforts to provide an enjoyable and safe experience for other Users. Moreover, you agree that you will not:
- create any false Issue requests;
- Publish any false or inaccurate review or representation of another User or another User’s Item;
- Create more than two Ruckify Accounts for yourself or on behalf of another person or business;
- Create a posting for an Item that is not in your possession or that you do not have permission to rent;
- Allow a Booking of an item that is already confirmed by another User (double booking the Item)
- Solicit users to join a third-party service that may or may not be a competitor of Ruckify;
- Use, copy or steal another User’s User Content;
- Post an Item with information that is false or misleading, including in the picture, description, condition rating, or pricing;
- Intentionally or unintentionally cause harm or damage to another User’s Item, steal an Item, use any Item for a purpose that is not the Item’s primary purpose or use an Item to commit any crime or otherwise break any applicable law;
- Use or promote the Ruckify platform to promote any illegal or violent activities;
- Discriminate against any other User, including refusing to interact with another user solely based on race, gender, sexual orientation, nationality, culture, and/or religion;
- Use the Ruckify platform in any way to harm, disrespect, or bully another User;
- Attempt to intentionally cause a poor experience for another User;
- Attempt to blackmail or extort another User for a personal gain or for the User’s downfall;
- “stalk” or harass any other User or collect or store any information about any other User other than for purposes of transacting with one another; or
- impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
7.2 Renter Rules. Renters further agree to the following conditions in respect of any Booking:
- Renter shall not sub-lease or otherwise rent the Item to any third-party during a Booking;
- Renter shall not use the Item for any illegal activities;
- Renter shall use all reasonable efforts to ensure the Item is not damaged, lost or stolen during the Booking; and
- Renter will be liable for any additional costs incurred by the Renter while using the Item, including but not limited to those communicated to Renter at the time the Booking.
RENTERS REMAIN SOLELY LIABLE FOR ANY DAMAGE, LOSS, OR THEFT TO THE ITEM DURING THE BOOKING, INCLUDING PAY FOR ANY REPAIRS OR REPLACEMENT COSTS. RENTERS ARE NOT COVERED AS ADDITIONAL INSURED UNDER RUCKIFY’S INSURANCE POLICY.
You agree to defend, indemnify and hold Ruckify, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons to whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
- TERM; TERMINATION
9.1 Termination by Ruckify. Ruckify may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Ruckify Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Ruckify in its sole discretion, and Ruckify will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
9.2 Closing of Account by User. At any time a User may terminate an Account, provided that all amounts owed to other Users and Ruckify have been paid.
- THIRD-PARTY CONTENT
10.1 Advertisements. You acknowledge and agree that the Website and Platform may contain advertisements from both other Users and from other third parties. 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 third party and you further acknowledge and agree that Ruckify shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
10.2 Links. The Website and App may contain links to other websites that are not owned or controlled by Ruckify. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Ruckify of that third party, third-party product or service. Ruckify is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App 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 or App of a link to any other website(s) or any advertisements does not imply that Ruckify endorses or accepts any responsibility for the content or use of such websites, and you hereby release Ruckify from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
10.3 Service Providers. Ruckify uses third-party integrations to make available the Platform and Services. We cannot control how third parties conduct their business or what happens to their business or network. We cannot and will not be responsible or liable for any breaches or outages to their network, software, or any technology that they use in connection with Ruckify.
- SERVICE AVAILABILITY
Ruckify does not guarantee that the Service or any particular functionality will be available to Users at all times. Ruckify reserves the right to alter, suspend, or discontinue the Website, Platform or Services any time we see necessary without any formal notice. The Platform may be unresponsive for maintenance and security updates or changes. To optimize your User experience, we advise you to always have the most up to date version of the Application. Using an older version may cause you to have a poor experience because it is not supported by new features or new technology implemented in the Platform. Ruckify will not be reasonable for any cellular data overages on your smartphone or tablet.
- DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE, PLATFORM, SERVICES, AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RUCKIFY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND RELATING TO THE RUCKIFY WEBSITE, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RUCKIFY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RUCKIFY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE RUCKIFY WEBSITE, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE RUCKIFY WEBSITE, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS TO WHOM YOU SEND OR TRANSMIT ANY CONTENT USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RUCKIFY’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) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) AMOUNTS YOU’VE PAID RUCKIFY IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
- GOVERNING LAW; JURISDICTION
14.1 Governing Law. This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Ruckify Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
14.2 Legal Fees. In the event that you and Ruckify or you and another user end up in a legal dispute that goes to court, you agree that the unsuccessful party to the dispute shall be responsible for paying all of the other party’s legal fees.
- ENTIRE AGREEMENT
- ENGLISH LANGUAGE
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
- CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Ruckify Website, App or the Services, please contact us at: firstname.lastname@example.org
Last Modified: [May 13, 2019]