General conditions of use

TERMS AND CONDITIONS TOUT-LOUER INC.

 

Unless otherwise stated, the Terms are deemed to be in effect at the time of their publication on the Site.

Tout-Louer Inc., having its registered office at 405-405 rue Notre Dame E, Montreal, Quebec H2Y 1C9 (“Company” or “we”), has designed, provides access to, and manages the website tout-louer.com (www.tout-louer.com) and thus provides rental services of goods and services between all individuals (natural or legal) for which the Site acts as an intermediary.

These terms and conditions govern your browsing and use of the Site, rental services, products and services, Content (defined below), applications, technologies, and software of the Company, modified at the Company’s discretion from time to time (“Services”), whether you are the owner or renter of a product or a service provider or client (“Terms”).

These Terms represent an agreement between you and the Company, which is effective as soon as you access the Site and remains in effect until one of the Parties terminates these Terms in accordance with these Terms. By accessing the Site or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them, as well as the Terms of Use and our Privacy Policy (collectively the “Agreement”), in addition to committing to comply with applicable law at all times. If you refuse these Terms as they are, you are not authorized to access or use the Site or Services and must therefore leave the Site.

The Company reserves the right to modify these Terms at any time without notice and therefore invites you to regularly review the Terms on the Site. Continuing to use or access our Site after the publication of updated Terms constitutes acceptance by you of these updated Terms.

Finally, any non-compliance by you with these Terms may result in the closure of your user account or the prohibition or limitation of access or use of all or part of the Site at the sole discretion of the Company.

1.Interpretation
When we refer to “Listing”, we mean all the essential elements composing an offer or request for products or services displayed anywhere and in any manner on the Site by a User, including in particular a description of the product or service, the rental or execution conditions, the duration, as well as the place of recovery or execution.

When we refer to “Content”, we mean any material, content, element, text, document, features, photograph, image, data, comments, information, and any other similar elements, made available to Users on the Site whether by the Company or any third-party Users, which includes any Listing.

When we refer to “User” or “you”, we mean any person, whether natural or legal, whether a professional or not, whether a trader or not, who accesses or uses the Site or Services offered on it and which includes the following categories of User:

“Beneficiary User” means the User who requests rental on the Site or obtains the rental of goods or services from a Merchant User or a Lessor User.

 

“Merchant User” means a user who offers on the Site and rents goods or provides services to consumers as part of a business they operate, within the meaning of article 1384 of the Civil Code of Quebec and any consumer protection law.

 

“Lessor User” means the User, whether a natural person or a non-profit legal entity who offers on the Site and rents goods or provides services to a Beneficiary User.

 

2. Purpose of these Terms
These Terms detail your use of the Services, as well as your rights and obligations in connection with this use towards the Company, other Users, and any third parties.

3. Services Offered
The Company offers you with the Site and Services a way to save, earn, and respect our planet. The Site assists you in renting products and providing services instead of succumbing to impulsive purchases by connecting you with third parties who offer product rentals and service provisions.

The Company acts, through its Site and Services, only as an intermediary between the various Users. In other words, the Company only provides a database of rental requests and offers for goods and service provisions to facilitate rental between Users and the creation of exchanges and links between different Users.

4. Terms of Use of the Services

4.1 Creating an Account

 

Eligibility

 

Our Site is open to everyone, intended for the general public. That said, to register and benefit from the Services, the User must be at least eighteen (18) years old and have full legal capacity to contract with another User.

Steps

The User wishing to benefit from one of our Services and use of the Site must fill out the online registration form. Registration requires a minimum of information, including the email address, which will serve as a means of communication between the user and the Company and between the user and other users.

We reserve the right to refuse registration in case of irregularities or inaccuracies in the information provided by the User, and the Company cannot be held responsible for any damage related to the non-registration of a User for any reason.

Accuracy and Updating of Information

 

The User undertakes, when registering or at any other request for information necessary for the proper functioning of the Site and Services, to provide real, accurate, up-to-date, and complete information, and to keep it regularly updated. In the event of the disclosure of false, inaccurate, outdated, or incomplete information, we reserve the right to close the account and refuse any future access to the Services.

The User is also fully responsible for updating and maintaining all their information and details indicated on their User account, in particular to allow the identification of the User by the Company and adequate and effective communication between the User and the Company, where applicable, and between Users. Any message sent by the Company to a User at the email address provided is deemed to have been received and taken into account by the User.

The User is responsible for the confidentiality of their password and all actions taken in their user account. The User also undertakes to inform the Company without delay at the following email address contact@tout-louer.com in case of theft or loss of the password or otherwise of access to their account on the Site.

The User undertakes to log out at the end of each session, not to share their password, and not to create or use accounts other than the one initially created. Failure to comply with these obligations may result in the immediate closure of the User’s account and all associated Services. We cannot be held responsible for any loss or damage occurring in this case.

Each of the Users understands and agrees that some of their information and details will and must be exchanged between Users when there is an exchange, rental, and offer of products or services as part of the Services.

Transaction

Once a transaction is confirmed between two Users, it cannot be modified by either you or us. To make changes, both parties must mutually agree to cancel the transaction and create a new one.

4.2. Permissible Use of Services

Restrictions

The User agrees to use the information related to the Services or other Users’ Content on products and services solely for personal needs and in accordance with these Terms.

The User agrees to comply with the following restrictions at all times:

(a) No duplicate postings;

(b) Do not post in multiple categories or in a category that is not related to the product or service;

(c) Do not insert any link to another site for promotional, advertising, or marketing purposes.

Reproduction, representation, publication, transmission, use, or modification, in whole or in part, of any Content from the Company or third parties without prior written consent from the owner is prohibited.

Any actions that may compromise the IT security of the service or other users are also prohibited. This includes hindering or disrupting the Site, Services, servers, or connected networks, recording or transmitting files and data containing viruses or programs intended to erase data in memory or any other contaminating function. Non-compliance with required conditions, procedures, general rules, or regulatory provisions applicable to networks connected to the service is also prohibited.

It is forbidden to download, display, or transmit in any way unsolicited or unauthorized advertising or promotional material. This includes spam, junk mail, chain letters, or any other form of solicitation.

It is forbidden to falsify headers or manipulate identifiers to conceal the origin of Content transmitted via the Site.

It is forbidden to take any actions that may compromise the IT security, integrity, or operation of the Services or the Site or disturb other Users' peaceful use. It is also forbidden to probe, analyze, or test the vulnerability of the Site or violate security measures, as well as to disable or bypass any access control measures or processes related to the Site. Finally, it is forbidden to extract, gather, collect, or store data, personal information, or other information from third parties without their explicit consent.

4.3. Content

You are entirely responsible for your Content, even if it is on our Site. You must ensure that all your Content is true, accurate, and complete at all times. The User acknowledges that they must exercise discernment and assume all risks associated with using the Content, particularly regarding its truthfulness, relevance, usefulness, or completeness.

The Company reserves the right to modify, move, or delete, at its sole discretion, any Content it deems contrary to applicable law, these Terms, or the spirit of these Terms, all without notice. For clarity, the Company reserves the right to delete any User comments on the Site.

The following Content, which is not exhaustive and may be modified by the Company at its sole discretion from time to time, is prohibited on the Site: erotic services, massage, adoption, surrogate motherhood, modeling, tobacco sales, cannabis, weapons, animals, adult products, alcohol, body parts or bodily fluids, digital media and electronic devices, financial instruments, gambling, hazardous materials and objects (including knives, ammunition, weapons, and explosives), dietary supplements, jobs, medical and healthcare products, prescription products, tickets or event passes, gift cards, and vouchers.

The User cannot request or offer, in any way, products or services or otherwise share Content that (i) are or incite to be contrary to the law or infringe the rights of third parties, including but not limited to third-party intellectual property rights; (ii) are reserved for a profession; or (iii) are or incite to be discourteous, inappropriate, illegal, harmful, threatening, abusive, defamatory, discriminatory, insulting, vulgar, obscene, hateful, racist, invasive of privacy, or otherwise reprehensible.

User Content must be accurate, not misleading or false, or otherwise in violation of applicable law, particularly regarding advertising.

4.4. External Links

Our Site is rich in ads and promotions from various advertising and promotional partnerships. These interactions may also result in links to various sites or online resources. However, we emphasize that we have no control over and bear no responsibility for these resources, redirects, and access to external websites.

4.5. Identity

The Company cannot control the identity of each User and provides Users with the ability to comment on and rate other Users, rented products, and service performance.

If the User offers goods or services as a Merchant User or Professional, they must present themselves as such at all times. It is the Merchant User's sole responsibility to comply with all applicable laws regarding this matter, including the Consumer Protection Act, particularly regarding their identification, transaction methods, and required authorizations and permits. The Company cannot be held liable for any failure or fault in this regard.

5. Fees Related to Services

All prices and amounts are indicated in Canadian dollars before applicable taxes.

 

5.1. User Fees and Fees for Products and Services

A commission is charged by the Company for providing the Site and Services. The Company retains twenty percent (20%) of the amount of a product rental or service provision before releasing the payment made on the Company's account to the Lessor User ("Commission"). This commission is added to the net amount + taxes of the transaction paid by the Beneficiary User. The money paid by the Beneficiary User on the third-party platform Stripe for the rental will be deposited into the Merchant User's or Lessor User's account as soon as the rental ends.

You are solely responsible for determining the price of the products and services you offer. The Company does not intervene in transactions between Users.

 

5.2. General Payment and Billing Conditions and Payment Deadlines

All payments are managed by the third-party platform Stripe, and the Company cannot incur any liability directly or indirectly related to this third-party platform.

The Company is not a party to transactions made between Users and does not intervene in them and cannot be held liable in this regard. The Company cannot be held liable for any security deposit or collateral requested. Within the limits of applicable law, Users are responsible for all applicable taxes resulting from their use of the Site and Services.

5.3. Security Deposit

Users must request an external security deposit at their expense if deemed necessary in the context of using the Company's Site and Services (e.g., for product damage, no-shows, poor service delivery).

6. Relationship Between Users

Users contract and obligate themselves to each other, so the Company, as a mere intermediary and not a party to the contract between the Lessor User and Beneficiary User, cannot be held to fulfill one User's obligation to another User.

Users are free to discuss and agree on the terms of their agreement for renting or offering products or services, including the amount and payment terms via the Stripe platform.

Any threatening, harassing, or abusive behavior towards our teams or other Users may result in the immediate closure of your account. Think about the impact of your words; they are essential for maintaining a healthy atmosphere based on mutual respect. Your interactions with our representatives and other Users must be courteous and respectful.

7. Intellectual Property

The Content viewed or available on the Site may belong to the Company, as explained below, to third parties, or other Users and be protected by rights, titles, and interests, including intellectual property rights such as copyright and trademarks. Nothing in your access or use of the Site or these Terms grants you any right, title, or interest in the Company's, another User's, or a third party's Content, except for a right to access and use the website granted to you in accordance with the Terms. For clarity, it is also prohibited to grant or license a third party the Company's, another User's, or a third party's Content or to reproduce, resell, copy, distribute, display, or otherwise exploit any Content that is not yours in any way, on the Site or otherwise, at any time.

 

7.1. Company Content

Subject to respecting the rights of Users or third parties and subject to applicable law, the Company retains all its intellectual property rights and all other rights, titles, and interests in its entire Site, Services, and Content, as well as all Service and Site technology and software, including, without limitation, the source code, graphic charter, tabs, functionalities, logos, trademarks, texts, and images, as well as updates, upgrades, fixes, modifications, translations, versions, derivative works, and improvements, if any, of each of the elements mentioned in this article, and cannot be used without the prior authorization of the Company.

Subject to compliance with the Contract's terms and obligations and within the Contract's limits, the Company grants each User a limited, revocable, non-transferable, and non-exclusive license to the Content solely for the purpose of viewing and using the Site and Services.

7.2. User Content

The User is solely responsible for their Content and the Content they upload, display, publish, present, or share on the Site and agrees not to infringe third-party rights, including intellectual property rights.

By submitting, uploading, displaying, disclosing, or otherwise sharing your Content on the Site or in any way within the framework of the Services, you grant us a free, unlimited, worldwide, perpetual, irrevocable, transferable, non-exclusive, sublicensable, and royalty-free license to use, reuse, produce, reproduce, display, copy, and modify your Content for the purposes of the Site and Services.

7.3. Notice

If you believe that we or a third party infringe on your rights or that any Content is illegal or that any third party infringes on our rights, please inform us at the following address: contact@tout-louer.com. We will respond promptly after investigating the matter. We reserve the right to remove any Content at any time at our sole discretion, particularly when we have reason to believe it does not comply with these terms or violates any rights of

You can consult our privacy policy which describes in particular our practices regarding the processing of personal information.

8. Warranties, Responsibilities, and Limitation of Liability

8.1. User Responsibilities

The User must comply with all applicable laws regarding the offering, renting of products, and the provision of services, including consumer protection laws and tax obligations. The User is solely responsible for the content of their Advertisement and the information they provide about themselves and others.

Regarding the integrity and confidentiality of Content, the User is fully informed and accepts that the transmission of Content is not secure or encrypted. The Company may set rules and limits concerning the use of the service, such as a maximum memory space on its servers where the content will be stored, or a maximum number of connections to a service over a given period.

8.2. User Warranties

To the extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless the Company, its affiliates, and each of their officers, directors, employees, agents, representatives, contractors, and assignees, from and against all damages incurred in connection with any action of the User and their collaborators, representatives, contractors, and employees related to the use of the Site or Services.

8.3. Company Responsibility

The User understands and agrees that the Company cannot verify the quality of all Advertisements, products, and services found on the Site and therefore does not exercise certified control over them. The Company instead provides a way for Users to rate each other to monitor the accuracy, performance, and quality of the products and services of the Users.

Opinions, comments, or positions contained on the Site only represent the opinions or positions of their authors and should not be interpreted as those of the Company. The User acknowledges that the Company cannot be held responsible and has no liability concerning any Content generated by a User, including any Content that infringes the rights of a third party, is defamatory, hateful, or offensive, or otherwise does not comply with these Terms.

The Company may temporarily interrupt access to its Services for maintenance or improvement reasons and reserves the right to delete any inactive account.

8.4. No Company Warranties

The Site, Services, and Company Content are provided "AS IS." Therefore, to the extent permitted by applicable law, the Company makes no warranties or representations, express or implied, regarding the Site, Services, or Company Content, or their use, operation, performance, accuracy, functionality, quality, or ownership, or any relationship between Users, between Users and third parties, or between Users and third-party providers. The User acknowledges that some parts of the Site, Services, or Company Content may be provided by third-party providers, whose quality cannot be guaranteed by the Company.

The Company does not guarantee the proper functioning, continuity, availability, or backup of the Content transferred to the Services. The User acknowledges the characteristics and limitations of the internet and understands that the Company cannot be held responsible for access speeds from other services, slowdowns, access difficulties to data, non-delivery of emails, contamination by viruses, malicious intrusions, data loss, password theft, fake accounts, hacking, or phishing.

The User also agrees that (i) the Site is not an archiving or backup platform and should therefore keep a copy of their Content before transmitting it to the Company, and (ii) the Company has no obligation to correct defects or bugs in the Site or Services, even if such defects may cause or have caused harmful information losses to the User.

Regarding the relationship and transactions between Users, the Company cannot be held responsible in cases of theft, breakage, damage, and other similar incidents related to the rental of goods or the provision of services.

8.5. Company Limitation of Liability

NEITHER THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR OFFICERS, DIRECTORS, OR SHAREHOLDERS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, AND DELIVERY OF THE SITE AND ITS SERVICES OR THEIR CONTENT WILL BE LIABLE FOR DAMAGES ARISING FROM OR IN CONNECTION WITH (I) THE TERMS, CONDITIONS, AND OBLIGATIONS OF THESE TERMS, (II) YOUR USE OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES OR THEIR CONTENT, (III) ANY COMMUNICATION, TRANSACTION, OR RELATIONSHIP YOU MAY HAVE WITH A USER OR ANY THIRD PARTY YOU INTERACT WITH OR MEET THROUGH OR AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR THEIR CONTENT, (IV) ANY UNAUTHORIZED USE OF THE SITE OR SERVICES OR THEIR CONTENT, (V) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ON THE SITE OR IN CONNECTION WITH THE SITE OR SERVICES OR AS A RESULT OF THE SITE OR SERVICES, OR RELATED TO ANY USER, (VI) ANY FAILURE, DELAY, OR DECISION IN THE ADMINISTRATION OF THE SITE AND SERVICES BY THE COMPANY, OR (VII) ANY PURCHASE OR RENTAL OR USE OF PRODUCTS OR SERVICE PROVISION BY A BENEFICIARY USER, OFFERED ON THE SITE BY A LANDLORD USER OR A MERCHANT USER.

THE COMPANY CAN ONLY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS FOR DAMAGES THAT ARE THE DIRECT, IMMEDIATE, AND FORESEEABLE RESULT OF A SERIOUS FAULT OR NEGLIGENCE ATTRIBUTABLE TO THE COMPANY. NOTWITHSTANDING ANY CONTRARY STATEMENT, IN NO EVENT AND IN NO MANNER SHALL THE COMPANY BE OR BE HELD LIABLE (I) FOR INDIRECT DAMAGES OR IN CONNECTION WITH ANY INTERRUPTION OR DELAY, (II) FOR DAMAGES RELATED TO THE LOSS OF OPERATION, DATA, INFORMATION, REPUTATION, OR IMAGE, REVENUE, PROFITS, OR OPPORTUNITIES, (III) FOR DAMAGES RELATED TO ANY ACT OF A USER OR ANY THIRD PARTY, AND (IV) FOR DAMAGES RELATED TO ANY CONTENT, DATA, EQUIPMENT, INFRASTRUCTURE, NETWORK, TECHNOLOGY, OR ANY OTHER ELEMENT OF THE USER OR ANY THIRD PARTY.

9. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, and the companies it holds shares in, their subsidiaries, affiliates, or related companies, as well as their respective shareholders, directors, officers, and employees, against all losses or damages arising from any claim, including a third-party claim, related to (i) acts or omissions on your part under this Agreement, or (ii) your actual or alleged violation of the User's representations, warranties, or obligations under this Agreement.

10. Termination of the Contract

10.1. Restricted or Blocked Access

In case of non-compliance with the Agreement, the User may be restricted or prohibited from using the Site or Services, at any time and at the sole discretion of the Company.

10.2. Termination of Services or Site

Each User understands and agrees that the Company may at any time decide to modify or terminate all or part of the Services or stop updating or taking the Site offline, at its sole discretion.

10.3. Suspension or Deletion of an Account

Each User understands and agrees that the Company may delete accounts that have been suspended or inactive for more than one (1) year, without prior notice to the User. Any deletion for any reason may take up to forty-eight (48) hours.

11. General Provisions

Validity. If any provision of the Agreement is found to be invalid, unenforceable, or if it contains a flaw, that provision will be replaced by a provision as similar as possible from a legal standpoint, without invalidating the other provisions of these Terms. Consent to Communications. By completing the registration of an online account, the User agrees to receive electronic communications related to their participation in the Services, including but not limited to, the newsletter [weekly and/or monthly] regarding [●] (“Newsletter”). Additionally, to the extent permitted by applicable law, the User also agrees to receive electronic communications related to goods and services, contests, events, and promotions of the Site. The User may withdraw their consent to all electronic communications from the Company, including the Newsletter, at any time, but excluding any obligatory communication regarding the Site and Services, if applicable. Consent to Advertisements. [●]. Governing Law and Jurisdiction. The Agreement is governed by and will be interpreted in accordance with the laws of the Province of Quebec, Canada. The domicile is elected in the judicial district of Montreal, Province of Quebec, Canada, and it will be the appropriate district for hearing any claim, matter, or legal proceeding arising from this Agreement. Gender and Number. Where the context requires, a word expressed in the masculine gender includes the feminine and vice versa; the same applies to a word expressed in the singular, which includes the plural and vice versa. Any sentence containing such polyvalent words must be read, where the meaning of the text requires, in a way that accommodates the appropriate version of such a word with the necessary grammatical changes to give logical meaning to the concerned sentence. Official Version. The French version of the Terms is the official version and prevails over any translated version.

12. Questions

Any questions or comments regarding the Agreement should be submitted in writing to the following address: contact@tout-louer.com. We will make commercially reasonable efforts to respond in a timely manner.