By ”Member”, we refer to all individuals or entities that are registered on the Platform and has access to certain Services including by not limited to storing data on Goods and entering into a Rental Agreement with another Member.
By “Services”, we refer to the collection of services ParTAG’s Platform hosts including but not limited to storing details and activity history of Goods, displaying such Goods in a public forum, connecting users seeking to rent or borrow tangible goods from one another, facilitating the rental transaction process including reserving goods, providing Rental Agreements, and facilitating the collection of rental fees and credit card processing through a third party payment processing service.
By “Platform”, we refer to all software and hardware provided by ParTAG, including the website www.partag.net including any subdomains, mobile applications for Android and iOS platforms, and ParTAG NFC stickers.
By “Goods”, or “Item” (singular), or “Equipment” we refer to any tangible object(s) that are uploaded into the Platform by submitting a photo of the object to be stored by the Platform, whether or not the item is designated to be publicly viewable or not.
By ”Account”, we refer to the private area of the Platform reserved for each member. It is accessible via a password and contains personal information regarding the Member, including her or her Goods, email address, phone number, and zip code.
By “Library of Goods”, we refer to the Goods uploaded to the Platform by a Member, whose details and activities are being stored by the Platform but controlled by the Member.
By ”Owner”, we refer to each Member who uploads at least one tangible item in the Platform by submitting a photo of the item, whether or not the item is public or private, for rent or not, whereas this Member controls the details and activities of the item.
By ”Renter”, we refer to each Member who rents or borrows an item or Goods using any part of the Platform.
By “Borrower,” we refer to each Member who takes temporary possession of Goods from another Member using any part of the Platform.
By ”Rental Agreement”, we refer to the agreement between the Owner and the Renter, obligating the Owner to temporarily transfer the usage of the Item (object of the contract), and obligating the Renter to pay in exchange an amount, determined in advance or defined by the rental agreement.
By “Rental Price”, we refer to a rental rate expressed as cost in US Dollars per rental duration, either as per day, per week, or per month.
By “Rental Period”, we refer to the total duration of time the Item is or was temporarily in the possession of the Renter or Borrower (for rent or shared/borrowed), where days (for purposes of calculating rental cost) consist of a periods of 24 hours, and any increment of time extending beyond multiples of 24 hours (24, 48, 72, etc) shall be considered as a day even if that period is less than 24 hours, and whereas no rental period shall be less than one day. A week is considered a seven calendar day period. A month is considered a calendar month period.
By ”Rental Fee”, we refer to the financial payment made by the Renter to the Owner in order to enjoy usage of the item and includes but is not limited to the Rental Price multiplied by the duration of the rental period, any additional pertinent charges associated with the Renter’s use of the Item, as determined by the Owner, delivery fees, cleaning fees, late fees, damage, or loss assessments.
By “Residual Value”, we refer to ParTAG’s estimate of the current value of the Item, given its original value when new, years of use, and condition. This value is at the sole discretion of ParTAG and from time to time may be calculated using the Owner’s stated Item value (purchase price) and the year it was made or purchased, such that the Item is calculated to have depreciated annually at a constant rate over a ten (10) year useful life, where the value is $0 at the end of 10 years. ParTAG is not required to use this calculation to determine the Residual Value under conditions where this calculation would not be appropriate. Such conditions are, but not limited to: 1) if the Item is an antique or collectible, 2) if the Item’s condition when it was rented out was already in an unreasonably damaged or unusable state, 3) if the Item was handcrafted.
By “Replacement Value”, we mean the “Residual Value” or “Replacement Value” or “Agreed Value” which is listed in the Rental Agreement for a particular rental transaction, and agreed upon by both the Renter and the Owner through mutual approval of the Rental Agreement, unless otherwise stated.
By “Borrow” or “Lend” or “Share”, we refer to temporarily transferring the usage of an Item or Goods to another User or Renter, whereby both parties have entered into an understanding with one another on the terms of this temporary transfer of use, and within which ParTAG is not a party to any agreement or understanding.
By ”Post”, we refer to the information published publicly by the Owner advertising an item available for rent or Borrow.
By “Rating”, we refer to individual rating from one to 5 stars and average rating from one to five stars derived from the accumulation of ratings on a Member or Item submitted by a Member.
By “Reviews”, we refer to text submitted by a Member regarding his or her experience using an Item, which may or may not be publicly accessible depending on the public status of the Item.
By ”Reservation Request”, we refer to the request made by a Renter to the Owner to rent his or her Post Item or Goods.
By ”Acceptance of the Reservation Request”, we refer to the online acceptance by the Owner of a Reservation Request made by a Renter, and the concurrent creation of an effective contract between the Owner and the Renter for a particular rental Item or Goods.
By “Personal Information”, we refer to any personally identifiable information collected through the Platform about the Member, including but not limited to the Member’s name, email address, address, and telephone number.
By “Content”, We refer to Rental Posts, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Platform.
By “ParTAG”, “we”,”us”, “our”, We refer to ParTAG, Inc., its shareholders, officers, directors, agents, subsidiaries, joint ventures or employees, or anyone acting on its behalf.
By “you” or “your”, we refer to Users, Members, Owners, or Renters, as evident in the context of the statement.
2. Limit of Liability
You agree that Your use of the Platform and Services is entirely at Your own risk. The Platform and Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, ParTAG disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Platform, the Service rental Posts, or any Rental Agreement. To the fullest extent permitted by law, ParTAG disclaims any warranties for other Services or goods received through or advertised on the Platform or accessed through any links on the Platform. To the fullest extent permitted by law, ParTAG disclaims any warranties for viruses or other harmful components in connection with the Platform or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
PARTAG PROVIDES A PLATFORM AND SERVICES THROUGH WHICH USERS MAY PUBICLY AND PRIVATELY POST AND VIEW TANGIBLE GOODS FOR RENT OR TO SHARE, CONNECT WITH USERS TO ENTER INTO AN ARRANGEMENT TO BORROW OR RENT GOODS, CREATE SOCIAL NETWORKS WITHIN WHICH TO SHARE AND RENT GOODS, PROCESS RENTAL AGREEMENTS AND PAYMENTS ASSOCIATED WITH SUCH ARRANGEMENTS, AND STORE DATA ASSOCIATED WITH SUCH GOODS AND ACTIVITIES. YOU UNDERSTAND AND AGREE THAT PARTAG IS NOT A PARTY TO ANY FORMAL OR INFORMAL AGREEMENTS ENTERED INTO BETWEEN USERS, NOR IS PARTAG A MEDIATOR, AGENT, OR INSURER. USERS OF THE PLATFORM AND SERVICES ARE NOT EMPLOYEES, AGENTS, REPRESENTATIVES, OR PARTNERS OF PARTAG AND ARE NOT IN AN ALLIANCE WHATSOEVER WITH PARTAG. PARTAG MERELY PROVIDES SOFTWARE AND A SOCIAL NETWORK, BUT HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE PLATFORM, INCLUDING THEIR BEHAVIOR ONLINE OR DURING A FACE-TO-FACE EXCHANGE OF GOODS, UNLAWFUL OR UNPERMITTED USE OF PERSONAL INFORMATION OR GOODS PROCURED THROUGH THE PLATFORM, FAILURE TO EXECUTE RENTAL AGREEMENT OBLIGATIONS, CANCELLATION OF RESERVATIONS, LOSS, THEFT OR DAMAGE TO GOODS, RELEASING OF ANY SECURITY DEPOSITS, CHARGING RENTAL FEES, ADDITIONAL FEES, DAMAGE FEES, AND LOSS OR THEFT FEES, THE CONTENT CONTAINED IN ANY PROFILES, POSTS, REVIEWS, RATINGS, LIBRARIES, OR ANY GOODS REPRESENTED THEREIN, INCLUDING THE QUALITY, SAFETY, FUNCTIONALITY, FIT-FOR-USE, OWNERSHIP OR AUTHORIZATION OF GOODS, AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN THIS REGARD RESULTING FROM THE SITE, SERVICES, OR RENTAL AGREEMENTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY AGREEMENTS BETWEEN USERS TO SHARE, BORROW, LEND, OR RENT GOODS IS AN AGREEMENT ENTERED INTO SOLELY BETWEEN THE USERS AND DONE SO AT THEIR OWN RISK.
You agree to release, defend, indemnify, and hold ParTAG and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform and Services, or your violation of these Terms; (b) your Account, Goods, Library of Goods, Content, and stored data including personal information, records of activities and transactions, and details of goods; (c) your (i) online or in-person interaction with any User, including any interaction that results in bodily harm, (ii) Borrowing, Lending, or Renting of any Goods;, or (iii) Posts, (iv) Ratings and Reviews ; (d) the use, condition, borrowing, lending or renting of and renting out of Goods by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a borrowing, lending, or renting of and renting out Goods. ParTAG reserves the right, at its sole discretion, to modify the Platform and Services, or to modify these Terms, including the Service Fees, at any time and without prior notice.
3. Users’ Liability
3.1 Renter’s Liability
You as a Renter or Borrower acknowledge and agree that You are solely responsible for the Goods during the Rental Period, and You are solely responsible for returning borrowed or rented Goods in the condition it was in when You received it for temporary use per the Rental Agreement and You are solely responsible for returning the Goods within the stated time frame agreed upon by You and the Owner. Thus, You agree and acknowledge that You are solely responsible for any direct, indirect, and consequential damages arising from any real damages on the Goods or Loss to the Owner of the Goods. If You have returned the Goods with damages beyond wear and tear, or if you have not returned the Goods to the Owner, then You acknowledge and agree that the Owner is authorized by You to retrieve reasonable costs to repair the damages or the reasonable cost to replace the rented Goods by charging Your credit card, debit card, or other payment method on the Account amounts arising from such damages or loss by You, or attempt to collect the debt using alternative methods. Currently, the Owner may use the ParTAG Platform’s connection to Stripe’s payment processing to charge a Renter 20% of the Residual Value to repair damages, or 100% of the Residual Value to replace the Goods that have been lost or stolen. By accepting the Terms and agreeing to the Rental Agreement between You and the Owner you accept the Replacement Value stated in the Rental Agreement as your liability with respect to damage or loss. Particularly, ParTAG is not responsible for administering or accepting any damage claims by Owners or mediating any disputes of any kind between Owners and Renters, including that related to security deposits, functionality or fit-for-use of the Goods, or damages or loss of Goods, and disclaims any and all liability in this regard. Any charges to Renters initiated by Owners are required to be approved by Renters, except for cases of theft, where Renter’s preapproval of these Terms allows the Owner to process loss charges to the Renter’s payment method provided.
If ParTAG receives a cardholder dispute or chargeback for any charges that were authorized by the Renter using the ParTAG Platform, the Renter agrees to immediately remit payment to ParTAG for the disputed charge amount and a $35.00 fee for each disputed charge. ParTAG will respond to any disputes with any information that indicates that the charge was authorized by the Renter.
ParTAG provides a Rental Agreement Template for your use in your rental transaction between you as the Renter and the Item’s Owner. You agree that you use the Rental Agreement Template at your own risk and ParTAG makes no representation or warranties that the Rental Agreement Template provided is complete, free from errors, or meets your needs or is fit for your use. If you wish not to use the Rental Agreement Template, you may provide your own Rental Agreement for the Owner to approve outside of the ParTAG Platform, so long as it adheres to all Terms and Policies set forth by ParTAG.
By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm, such as but not limited to cases of false claims made by Owners about their Items, cancellation of rental reservations by Owners, or harm you experience as a result of use of a rented Item. You agree not to attempt to impose liability on or seek any legal remedy from ParTAG with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Platform and Services regarding any sharing, renting, or borrowing transactions made by you.
3.2 Owner’s Liability
You as an Owner agree and acknowledge that You are liable for any direct, indirect, and consequential damages arising out of your control over your Account, the Content you publish publicly and privately through the Platform, and the quality, functionality, and safety of your Goods, to the extent such Content or Goods may harm, cause bodily injury or other damages to Users to whom You have rented or lent out your Goods. By creating or posting your Goods, or Library of Goods, you acknowledge and agree that you are duly authorized to represent the lending or renting of such Goods, that you alone are responsible for the Goods and the description of the Goods, including but not limited to the accuracy of any photos, appearance, age, quality, safety, functionality of the Goods, and any omissions. ParTAG is not responsible for any loss or damage to your Goods. In the event of damage (beyond wear and tear), loss, or theft of your Goods by a Member while rented through the ParTAG Platform, and under compliance with all Terms, Guidelines, and Policies, the ParTAG Platform provides payment processing for You to charge the Renter 20% of the Residual Value for damage assessed by You (beyond normal wear and tear), or 100% of the Residual Value for loss or theft. By accepting the Terms and agreeing to the Rental Agreement between You and the Renter you accept the Replacement Value stated in the Rental Agreement as the value of your Item with respect to damage or loss claims. The Renter must approve these transactions before the ParTAG Platform will process the charges.
ParTAG provides a Rental Agreement Template for your use in your rental transaction between you as the Owner and the Renter. You agree that you use the Rental Agreement Template at your own risk and ParTAG makes no representation or warranties that the Rental Agreement Template provided is complete, free from errors, or meets your needs or is fit for your use. If you wish not to use the Rental Agreement Template, you may “Lend out” your item using the Platform, which does so without a Rental Agreement. Alternatively, you may provide your own Rental Agreement for the Renter to approve outside of the ParTAG Platform, so long as it adheres to all Terms and Policies set forth by ParTAG.
You may not ask a Renter or Borrower of Goods to pay a fee different from that listed in your Post and you may not complete any monetary transactions related to any Goods outside of ParTAG’s Platform, if you used ParTAG’s Platform to search, locate, or publicize Goods or your Library. ParTAG reserves the right to disable access to your account if you are found to have breached this agreement. By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from ParTAG with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Platform and Services regarding any sharing, renting, or borrowing transactions made by you. This limitation shall not apply to any claim by an Owner against ParTAG regarding the remittance of payments received from a Borrower by ParTAG, Inc on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
4. Member Requirements
ParTAG cannot confirm the identity of each Member. The overwhelming majority of ParTAG Users are trustworthy and well-intentioned. Nevertheless, it’s very important to take the same precautions online as you would offline.You will not hold ParTAG (including its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a Member Account.
4.2 Age Requirement
The Platform and Services are intended for persons who are 18 years old or older and is not intended for minors. By accessing or using the Platform or Services you represent and warrant that you are 18 years old or older. If you do not comply with these conditions, you cannot use our Platform and Services.
4.3 Violation of Membership
We reserve the right to suspend or close Member Accounts without notice for any reason, including, but not limited to:
– Inability to identify, verify or authenticate the origin of a Rental Post;
– Making false statements;·
– Completing financial transactions outside the ParTAG Platform to avoid paying fees to ParTAG, Inc
– Charging additional inappropriate fees to a Renter for issues not caused by the Renter.
– Failing to uphold Your obligations set forth in the Rental Agreement, ·
– Committing or seeking to commit fraud·
– Diffusion of confidential, illegal or offensive content (For example, pornography, libel, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred);·
– Breaches in moral standards;·
– Use, copying or diffusion of copyright protected works without express authorization ;·
– Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc);·
– Diffusion of unsolicited commercial messages (“Spam”).·
– Misuse, including dissemination, of Renters’ or Owners’ personal information as obtained through the Rental Agreement or Platform.·
– Conducting or attempting to conduct illegal activity or using the Platform to manage, share, lend out, or rent illegal substances.
4.3.1 Materials which are prohibited on ParTAG The ParTAG Platform is intended for Users seeking to share, borrow, or rent small tangible Goods of a harmless nature. The following list of materials may not be Posted, Uploaded, Shared, or Rented on the Platform:
— Items whose value, either at purchase or Residual Value, is ten thousand dollars or greater (> $10,000)
— Motorized vehicles including but not limited to cars, trucks, motorcycles, trailers, semi-trailers, mopeds, ATVs, UTVs, snow mobiles and recreational vehicles (RVs)
– Motorized vehicles including but not limited to cars, trucks, motorcycles, mopeds, ATVs, recreational vehicles (RVs)·
– Boats and watercraft with a capacity to hold more than two (people)·
– Services conducted by individuals or entities, except to the extent the service is to set up a borrowed or rented Item·
– Venues, spaces, buildings, rooms, properties
— Accounts, bills, deeds, evidences of debt or other valuable paper or records
— Money, notes, or securities
— Jewelry, watches, furs, garments trimmed with fur, bullion, precious metals, precious or semi-precious stones or gems, stamps or coins
– Illegal substances·
– Weapons (firearms, ammunition, swords, knives, chemical, biological, explosives)·
– Drugs (illegal, prescription, over-the-counter), paraphernalia, and drug-making equipment·
– Animals and animal by-products·
– Humans and human biological material·
– Goods which incite bigotry, hatred, discrimination, or violence, as determined by ParTAG·
– Surveillance equipment·
– Official uniforms or badges of any branch of the military or law enforcement
4.4 Improper Online Activity
4.5 Member Accounts
Users may create one (1) valid registration Account, which may be validated using the User’s email address, phone number, and zip code. As a User, you acknowledge and agree that by creating an Account, the information you supply, including your name, email address, phone number, mailing address, credit card information belong to you.The Member Account is personal and cannot be transferred to a third party. The member commits to keep confidential the password he or she chooses for accessing his or her Member Account.
The Member Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law. The member recognizes and accepts being solely responsible for use of his password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.Any change of your personal information requested when creating and completing a Member account must be declared to ParTAG within 8 days of the change.
Registration of a Member Account implies, in particular, to provide a valid email address that will be used to communicate between the Member and the Platform, and will be used as the unique identifier for the Member Account. All email communications sent by the Platform to the Member is understood as having been received by the Member, who takes full knowledge thereof.
4.6 Criminal Convictions
You as a User understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in the Posts of your Goodss. You are also solely responsible for remitting to the relevant authority any Taxes included or received by You. ParTAG cannot and does not offer Tax-related advice to any Users.
Fees charged by ParTAG are inclusive of taxes applicable to ParTAG but does not include taxes applicable to the Owner or Renter.
6 Rental Fees, Security Deposit, Commission Fees, and Processing
6.1 Rental Fees
The Rental Price of each Item listed on the ParTAG Platform is expressed in US Dollars and is expressed as a cost per Rental Period. The Rental Price is controlled by the Owner. The Owner may modify the Rental Price at any time except when the Item is currently rented, in which case the Rental Price is fixed as the price stated in the Rental Agreement. The price includes any taxes and maintenance costs, excluding possible delivery fees, damage or loss claims, cleaning fees, extra insurance costs, or other fees charged to the Renter and agreed upon by the Renter through the updated Rental Agreement. In order for fees to be charged against the Renter beyond the Rental Price multiplied by the Rental Period, the Renter must agree to such additional charges by accepting them as displayed on the updated Rental Agreement through the Platform.
The total Rental Fee calculated at the time of a reservation request must be greater than three dollars ($3 USD) due to Stripe payment processing fees. The Renter may have to increase his or her rental period in order to meet this requirement.
6.1.1 Additional Fees at the Close of a Rental
Upon return of the Rented Goods to their Owner and completion of the Rental Transaction, the Owner, at his or her sole discretion, may assess additional costs including late fees, manual adjustments, or damage assessments. Owners must provide the Renters with adequate written information regarding any manual adjustments or additional fees that might be assessed at the end of the rental, such as but not limited to cleaning, set up, inconvenience, delivery, consumables, etc. in advance of the Rental Agreement being approved by both Parties, or the Owner forfeits his or her claims to charge those amounts.
You may assess damage costs for damages to your Item, which will automatically charge 20% of the Replacement Value to the Renter in order to pay to repair said damage. If the damages incurred amount to a total loss of the Item, you may use the Manual Adjustment field to assess a charge for the Replacement Value of the Item. If your property which you’ve rented out is never returned to you, after more than three (3) days of being late, you may report a problem, which will prompt the ParTAG Platform to allow you to assess charges for the loss or theft of the Item. ParTAG reserves the right to require that the Owner provide to ParTAG proof of ownership, proof of value, and a policy report filed against the stolen rented Item, at anytime after such a claim of theft has been made. If the Owner does not furnish such the requested information to ParTAG within ten business days (10) of the request, the Owner forfeits his or her right to claim a liability of loss and/or theft against the Renter.
6.2 Security Deposit
At the start of the Rental Period, on behalf of the Owner, ParTAG charges the Renter’s payment method a refundable security deposit (authorization or pending charge) in the amount calculated as twenty percent (20%) of the Item’s Residual Value. This security deposit will be refunded when the Owner acknowledges receipt of the Item back into his or her possession, makes this acknowledgement through the Platform by returning the Item to his or her Library of Goods. In the case of additional charges related to additional days of rental, other charges agreed upon by both the Renter and Owner (for instance, cleaning fees), damage, or loss, the Security Deposit will be used to offset those charges and may not be refunded in whole in those cases. The Renter agrees that the Owner may deduct any amount the Renter owes from the Security Deposit provided. The amount of such deposit is not a limit of the Renter’s liability or responsibility for the Items or Goods. The Renter will not be entitled to interest on the Security Deposit.
6.3 Payment Processing
ParTAG relies on Stripe, Inc., a third party, for all credit card processing and transactions. ParTAG does not access your bank account or make charges directly to your credit card. ParTAG collects your information and relays it to Stripe, Inc. for processing. ParTAG does not store any financial private information including your bank account number or credit card number.
See Stripe, Inc.’s website (www.stripe.com) for details. Stripe, Inc. accepts credit and debit cards backed by Visa, MasterCard, and American Express.
As a Renter, once you request to reserve an Item, ParTAG will prompt you to submit your credit card information. No charges will be incurred at this time, while your Reservation Request is pending. Once the Owner approves the Reservation Request, ParTAG will communicate with Stripe, Inc. to charge your credit card an authorization or pending charge in the amount reflective of the Item’s Rental Price multiplied by the Rental Period, or Rental Fee. This Rental Fee authorization will remain on your credit card until the Rental Period starts. Once the Rental Agreement is agreed to by both the Renter and the Owner through the Platform at the start of the Rental Period, the Rental Fee authorization will become a fully executed charge to the Renter’s Credit Card. Also at this time, the Renter’s credit card will be charged the Security Deposit, as described above.
A Renter may cancel a reservation at any time under the following conditions: (1) if a cancellation is made with 24 hours notice or more to the Owner, the Renter will receive a full reversal or cancellation of the current Rental Fee authorization on the credit card; (2) if a cancellation is made with less than 24 hours notice, the Rental Fee authorization will be completed as a charge but with a reduced amount equal to 20% of the authorized Rental Fee.
Due to Stripe payment processing requirements and fees, cancellation No-Show fees will not be processed when such amount is $3 or less. Such No-Show fees will be voided, with neither a debit to the Renter’s account nor a credit to the Owner’s account.
6.5 ParTAG Commission Fees
Access, registration and use of the Platform are free. Searching for Goods and Posting Goods publicly through the Platform are free.
With the exception of promotional offers that are explicitly outlined on the Platform, ParTAG’s commission fee of 15% for providing rental transaction and inventory management Services and for providing and maintaining the Platform is charged to the Owner as a commission once a Rental Agreement is confirmed between a Renter and an Owner. A Rental Agreement is confirmed by the Renter and the Owner when both parties accept its terms through the Platform. ParTAG’s commission fee is calculated as 15% of the rental fee total (calculated as the Owner’s stipulated Rental Price of the Item multiplied by the Rental Period) plus any additional fees, damage assessments, and loss claims made by the Owner. ParTAG deducts the commission fee from the Rental Fee and additional fees before remitting the balance to the Owner. ParTAG’s commission fee is inclusive of taxes applicable to ParTAG.
ParTAG can modify its policies on Posts and commission fees, and can also modify the fees set for these Services. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. . In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.
An Owner may elect to refund the Renter all or a portion of the Rental Fee. The Owner may refund the entire Rental Fee through the dashboard functions in his or her Stripe Account. An Owner may provide a partial refund through the ParTAG App rental close-out process, by reducing the number of days of rental compared with the originally-processed, reserved, rental duration. If the rental fee was calculated taking advantage of a weekly and/or montly rate, such rental would not be eligible for a partial refund from a reduced rental duration because weekly and montly rates typically are lower per day than the item’s stated daily rate, to which a per day refund would refer back. In either case of a full or partial refund, the Stripe processing fee of 2.9% + $0.30 will NOT be refunded to the Renter. However, ParTAG’s commission fee will be refunded proportionate to the refunded Rental Fee.
7. Rental Equipment Physical Damage/Loss Waiver (PDLW)
ParTAG is not an insurance provider, broker, or agent. ParTAG is not licensed in any state or country to be an insurance provider, broker, or agent. ParTAG’s Rental Equipment Physical Damage/Loss Waiver (PDLW) is not an insurance policy.
Owners and Renters are also bound by any and all applicable terms and policies of any insurance providers involved in the transaction. ParTAG recommends that you carefully read and understand any policy documents which may apply to a rental.
7.2 Rented Equipment Physical Damage/Loss Waiver Terms and Exclusions
You, the Renter of Goods from an Owner on ParTAG, assume all responsibility and will be liable and will be charged for all damage to or accidental loss of the Equipment or Goods while rented to You. In order to reduce Your exposure for such damage or accidental loss, ParTAG offers a Rented Equipment Physical Damage/Loss Waiver (PDLW) that will reduce (but not eliminate) Your responsibility for accidental damage or loss to the rented Equipment or Goods in the specified limit stated below, so long as You are in compliance with all stated Terms.
For Goods whose stated Replacement Value within the Rental Agreement is less than two thousand dollars ($2,000 USD), Renters have the option to purchase the PDLW. For Goods whose Replacement Value within the Rental Agreement is two thousand dollars ($2,000 USD) up to ten thousand dollars ($10,000 USD), Renters are required to purchase the PDLW.
Renters who purchase a PDLW will receive an email listing all applicable parameters of the PDLW purchased, including, applicable rental reservation number, effective dates, price or premium, claim limit, and deductible.
Purchase of the PDLW is non-refundible, even if the duration (active days) of your rental period is reduced from the number of active days or duration purchased.
EXCLUSIONS: A violation of the contract shall exist and PDLW is void and shall not apply to the following situations:
1. Damage, Loss, and/or theft to Items or Goods which are prohibited from being rented on the ParTAG Platform. See Section 4.3.1 and 4.3.2 for a comprehensive list.
2. Damage, loss, and/or theft was
a. Caused intentionally or as a result of willful and wanton misconduct or negligence
b. Occurred outside of the United States
c. A result of Dampness, Dryness or Extremes of Temperature
d. Caused by Governmental Action, Hidden or Latent Defect, Rust, Oxidation, Corrosion or Discoloration, Wear and Tear, Mechanical Breakdown, False Pretense, Insects, Vermin or Animals, Processing or Work Upon the Property, and Unauthorized Transfer
3. Employee Theft
4. Equipment Rental Agreement is based on fraudulent or material misrepresentation
5. Loss of Use of the Rented Equipment
6. Loss of income, loss of time, or any other loss that is monetized or any other cost that may be incurred by the Owner or Renter.
7. Mysterious disappearance of the rented Goods (where it is unknown how the rented Goods was lost).
8. Damage that is considered normal wear and tear
In those circumstances where exclusions apply You, the Renter, accept responsibility for loss, damage and/or theft of the rented Equipment or Goods.
PDLW is not insurance. When deciding whether or not to purchase the PDLW, you may wish to check with your insurance representative to determine whether, in the event of accidental damage or theft, you already have coverage or protection for such accidental damage or theft.
Theft of the Item while in the Renter’s Possession
The determination of whether a theft has occurred is at the sole discretion of ParTAG, based on an investigation by law enforcement and ParTAG’s own investigation, which may include contracting investigative services by private investigators and other 3rd parties. All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for ParTAG’s investigation of the claim.
ParTAG requires that Renters and Owners initiate claims under their own or an associated 3rd party’s insurance policy (homeowner’s policy, tenant/renter’s policy, equipment policy, etc.) for any damage or theft of the rented Goods. If the Renter’s, Owner’s, or an associated 3rd party’s insurance policy reimburses the Owner for a claim related to the claim that is reported to ParTAG under the PDLW coverage (involves the same rented Goods), ParTAG will subtract the reimbursement amount that is due or remitted to the Renter from any financial responsibility that ParTAG may have to the Renter’s PDLW.
The determination of whether damage is unintentional and not caused due to other circumstances, actions, or inactions, or if it is considered normal wear and tear as described herein, is at the sole discretion of ParTAG.
ParTAG considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Normal wear and tear (including scratches, scuffs, dents, or other less significant damage) is not considered to be damage under the PDLW, and therefore is not covered by the PDLW.
Peripheral items include, but are not limited to, batteries, battery chargers, AC Adapters, boxes and packaging, cases, cables, caps, lens hoods, foam and cushioning, bulbs, stakes, covers, etc. If the Renter damages and/or loses any peripheral item(s) included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the peripheral item(s), whether or not the Renter has opted to purchase the PDLW. Valuation of the peripheral items included in the rental is within the sole discretion of ParTAG. The determination of whether or not something is a peripheral item and not covered by the PDLW, is at the sole discretion of ParTAG.
If You do not submit a claim form or if the claim is not approved because You have violated any Terms, then You will not receive reimbursement for damage or loss charges and you forfeit any claims to your PDLW.
The PDLW will apply to the rental transaction for which it was purchased, under the Renter name, the reserved Rental Period dates, and does not cover the Goods at any time the Goods were in the Renter’s possession beyond the originally reserved Start Date and End Date (Rental Period). It cannot be transferred to any other Item, Renter, or dates.
Renters who purchase the PDLW must contact ParTAG as soon as the rented Good is damaged or lost and must file a claim form to www.partag.net/damage-waiver-claim-form, along with copies of police reports and other primary insurance claims. ParTAG will conduct an investigation, and at its sole discretion, conclude whether the PDLW applies. Members and Users agree to authorize ParTAG to conduct an investigation and solely determine if the PDLW applies. There are no guarantees that a purchaser of a PDLW will have any costs of repair or replacement of the Owner’s Goods waived, and there are no guarantees that an Owner will be reimbursed for any costs of repair or replacement, or any other costs.
If ParTAG receives a cardholder dispute or chargeback for any charges that were authorized by the Renter using the ParTAG Platform, the Renter agrees to immediately remit payment to ParTAG for the disputed charge amount and a $35.00 fee for each disputed charge. ParTAG will respond to any disputes with any information that indicates that the charge was authorized by the Renter.
7.3 Physical Property Damage/Loss Waiver Cost, Limits, and Deductibles
Optional or Required Damage/Loss Waiver Tier Designation Claim Limit Deductible
Optional Tier 0 Replacement Value 10%, minimum $50
Optional Tier 1 $ 1,000 10% min $100
Optional Tier 2 $ 1,500 10% min $150
Optional Tier 3 $ 2,000 10% min $250
Required Tier 4 $ 2,500 10% min $250
Required Tier 5 $ 5,000 10% min $350
Required Tier 6 $ 6,000 10% min $350
Required Tier 7 $ 7,000 10% min $350
Required Tier 8 $ 8,000 10% min $500
Required Tier 9 $ 9,000 10% min $500
Required Tier 10 $ 10,000 10% min $500
8. Disputes (Agreement to Arbitrate)
You and ParTAG agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section (“Disputes”). Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Contact ParTAG First: If a dispute arises between you and ParTAG, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and ParTAG regarding ParTAG may be reported to info@Partag.net.
Agreement to Arbitrate: You and ParTAG each agree that any and all disputes or claims that have arisen or may arise between you and ParTAG shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND PARTAG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PARTAG AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTAG USERS OR MEMBERS.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ParTAG for all fees associated with the arbitration paid by ParTAG on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Insolvency Proceedings: If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, ParTAG will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Assumption of Rights: If ParTAG pays out a claim, reversal or chargeback that you file against another ParTAG user or member, you agree that ParTAG assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in ParTAG’s discretion.
Release of ParTAG: If you have a dispute with one or more ParTAG member or users, you release ParTAG (and our parent, our subsidiaries, our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
8. Copyright and Trademark
The Platform and Services, are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Services including all associated intellectual property rights, are the exclusive property of ParTAG and its licensors.
9.1 Invite Friends Promo Code
ParTAG offers a one-time $10 discount to new members who download the ParTAG app and invite at least ten (10) friends to join Facebook from his or her address book (contacts) or allows ParTAG to invite his or her friends by posting an invitation on his or her Facebook page. The promotional code will be sent to the new member’s email address. Such promotional code can only be used once for a qualifying rental order worth at least $10 in total rental fees (not including Damage/Loss Waiver premium costs) and cannot be transferred to another user or redeemed for cash. Such promotional code cannot be used to offset a Cancellation Fee (No-Show Fee), should a reservation that used a promo code be cancelled within 24 hours of the reservation start date.