Terms of Service
Updated March 1, 2021
PLEASE NOTE: SECTION III OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH BUMERANGRENTALS ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, AFFILIATES SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. CERTAIN TYPES OF SHORT-TERM AGREEMENTS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. OWNERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING AN ITEM ON BUMERANGRENTALS.
Last Updated: March 1, 2021
BUMERANGRENTALS provides an online platform that connects Owners who have Items to list and rent to Renters seeking to rent such Items (collectively, the “Services“), which Services are accessible at www.bumerangrentals.com and any other websites through which BUMERANGRENTALS makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and BUMERANGRENTALS, INC.
“Item” means privately owned tool, equipment, other property, or labor hours.
“BUMERANGRENTALS Content” means all Content that BUMERANGRENTALS makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Affiliate Content.
“Agreement” means a limited license granted by the Owner to the Renter to use the Listing for the limited duration of the confirmed Agreement, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to retrieve the Item, in accordance with the Renter’s agreement with the Owner. Please note, as used on the Site, Applications, and Services, “short term rental” and “tool sharing” have the same meaning as “Agreement;” all three terms mean a limited license to use the Item for the duration of the confirmed Agreement as defined above.
“Rental Request Period” means the time-period starting from the time when an Agreement is requested by a Renter (as determined by BUMERANGRENTALS in its sole discretion), within which an Owner may decide whether to confirm or reject that Agreement request, as stated on the Site, Application or Services. Different Agreement Request Periods may apply in different places.
“Cumulative Content” means Affiliate Content and BUMERANGRENTALS Content.
“Communication” means an email, message via the Application, text message or message to a BUMERANGRENTALS account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Renter” means an Affiliate who requests from an Owner an Agreement of a Listing via the Site, Application or Services, or an Affiliate who uses an Item and is not the Owner for the associated Listing.
“Owner” or “Rentor” means an Affiliate who creates a Listing via the Site, Application and Services.
“Listing” means an Item that is listed by an Owner as available for Agreement via the Site, Application, and Services.
“Affiliate” means a person who completes BUMERANGRENTALS’s account registration process, including but not limited to Owners and Renters, as described under “Account Registration” below.
“Affiliate Content” means all Content that an Affiliate posts, uploads, publishes, submits, transmits, or includes in their Listing, Affiliate profile or BUMERANGRENTALS promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), or fees that Item providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Cumulative Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Cumulative Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Cumulative Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR ITEMS AND RENTERS MAY LEARN ABOUT AND RENT ITEMS DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT BUMERANGRENTALS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS BUMERANGRENTALS AN ITEM BROKER, OWNER OR INSURER. BUMERANGRENTALS HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ITEMS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON BUMERANGRENTALS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BUMERANGRENTALS IS LIMITED TO BEING AN AFFILIATE AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF BUMERANGRENTALS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF BUMERANGRENTALS. BUMERANGRENTALS DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS AN AFFILIATE YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF BUMERANGRENTALS, INCLUDING BY INAPPROPRIATELY USING ANY BUMERANGRENTALS INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CUMULATIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
BUMERANGRENTALS reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Affiliates (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close or continue to use your BUMERANGRENTALS Account, you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, BUMERANGRENTALS will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from BUMERANGRENTALS’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Agreement of Items. Such Items are included in Listings on the Site, Application and Services by Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to rent an Item or create a Listing, you must first register to create a BUMERANGRENTALS Account (defined below).
As stated above, BUMERANGRENTALS makes available an online platform or marketplace with related technology for Renters and Owners to meet online and arrange for Agreements of Items directly with each other. BUMERANGRENTALS is not an owner or operator of items, including, but not limited to, tools, vehicles, or other Items, nor is it a provider of tools, vehicles, or other Items and BUMERANGRENTALS does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Items, including, but not limited to, tools, vehicles, or other Items. Unless explicitly specified otherwise in the BUMERANGRENTALS platform, BUMERANGRENTALS’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING AND MAKING AGREEMENTS FOR ITEMS DIRECTLY WITH EACH OTHER. BUMERANGRENTALS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS. BUMERANGRENTALS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY AGREEMENTS WILL BE MADE OR ACCEPTED AT THE AFFILIATE’S OWN RISK.
In order to access certain features of the Site and Application, and to rent an Item or create a Listing, you must register to create an account (“BUMERANGRENTALS Account“) and become an Affiliate. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook, Instagram, Pinterest, TikTok, LinkedIn; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BUMERANGRENTALS Account with Third-Party Accounts, by either: providing your Third-Party Account login information to BUMERANGRENTALS through the Site, Services or Application; or allowing BUMERANGRENTALS to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BUMERANGRENTALS and/or grant BUMERANGRENTALS access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BUMERANGRENTALS to pay any fees or making BUMERANGRENTALS subject to any usage limitations imposed by such third-party service providers. By granting BUMERANGRENTALS access to any Third-Party Accounts, you understand that BUMERANGRENTALS will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your BUMERANGRENTALS Account and BUMERANGRENTALS Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Affiliate Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your BUMERANGRENTALS Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or BUMERANGRENTALS’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your BUMERANGRENTALS Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. BUMERANGRENTALS makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and BUMERANGRENTALS is not responsible for any SNS Content.
Your BUMERANGRENTALS Account and your BUMERANGRENTALS Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BUMERANGRENTALS Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BUMERANGRENTALS reserves the right to suspend or terminate your BUMERANGRENTALS Account and your access to the Site, Application and Services if you create more than one (1) BUMERANGRENTALS Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on BUMERANGRENTALS, you are not permitted to share your BUMERANGRENTALS Account with anyone or allow others to access or use your BUMERANGRENTALS Account. BUMERANGRENTALS may enable features, in our discretion, that allow other Affiliates to take certain actions associated with your BUMERANGRENTALS Account, on your behalf with your express authorization, such as having your executive assistant, agent, or employer rent on your behalf or adding a family member to your account as an additional Owner. You agree that you will take sole responsibility for any activities or actions under your BUMERANGRENTALS Account, whether or not you have authorized such activities or actions. You will immediately notify BUMERANGRENTALS of any unauthorized use of your BUMERANGRENTALS Account.
As an Affiliate, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, the location, description, pictures, capacity, size, features, and availability of the Item and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter and Owner preferences, marketing promotions, ratings and/or ease of Agreement.
Other Affiliates will be able to rent your Item via the Site, Application and Services based upon the information provided in your Listing, your Renter requirements, and Renters’ search parameters and preferences. You understand and agree that once a Renter requests to rent your Item, you may not request the Renter to pay a higher price than in the rental request.
You acknowledge and agree that you alone are responsible for any and all Listings and Affiliate Content you post. Accordingly, you represent and warrant that any Listing you post and the Agreement of, or a Renter’s use of, an Item in a Listing you post will not breach any agreements you have entered into with any third parties, and will be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Item included in a Listing you post (including having all required permits, licenses and registrations), and not conflict with the rights of third parties. Please note that BUMERANGRENTALS assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. BUMERANGRENTALS reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BUMERANGRENTALS, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or BUMERANGRENTALS’s standards, trademarks or branding, or otherwise harmful to the Site, Application or Services.
IF YOU ARE AN OWNER, YOU UNDERSTAND AND AGREE THAT BUMERANGRENTALS DOES NOT ACT AS AN INSURER OR AS YOUR CONTRACTING AGENT. IF A RENTER REQUESTS TO RENT YOUR ITEM AND USES YOUR ITEM, ANY AGREEMENT YOU ENTER INTO WITH SUCH RENTER IS BETWEEN YOU AND THE RENTER AND BUMERANGRENTALS IS NOT A PARTY TO IT.
When you create a Listing, you may also choose to include certain requirements which must be met by the Affiliates who are eligible to request a rental of your Item, such as requiring Affiliates to have a profile picture or verified phone number, in order to rent your Item. Any Affiliate wishing to rent Items included in Listings with such requirements must meet these requirements.
If you are an Owner, BUMERANGRENTALS makes certain tools available to you to help you to make informed decisions about which Affiliates you choose to confirm or preapprove for rental of your Item.
BUMERANGRENTALS recommends that Owners obtain appropriate insurance for their Items. Please review any insurance policy that you may have for your Item carefully, and please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Renters (and the individuals the Renter lets use or be in the vicinity during use to the Item, if applicable) use of your Item.
BUMERANGRENTALS may offer Owners the option of having photographers take photographs of their Items. If you as an Owner choose to have photographer do this, BUMERANGRENTALS shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “BUMERANGRENTALS.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be an Owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute BUMERANGRENTALS Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from BUMERANGRENTALS. If your BUMERANGRENTALS Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that BUMERANGRENTALS retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
BUMERANGRENTALS does not endorse any Affiliate, Listing or Item. You understand that Verified Images are intended only to indicate a photographic representation of the Item at the time the photograph was taken. Verified Images are therefore not an endorsement by BUMERANGRENTALS of any Affiliate, Listing or Item.
Affiliates are required by these Terms to provide accurate information. Although BUMERANGRENTALS may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Affiliates and/or screen Affiliate information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Affiliate or the Affiliate’s purported identity or background.
By registering for a BUMERANGRENTALS Account, you agree that BUMERANGRENTALS may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to an Affiliate being “verified” or “connected” (or similar language) only indicate that the Affiliate has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by BUMERANGRENTALS about any Affiliate, including of the Affiliate’s identity and whether the Affiliate is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to interact with an Owner or to accept or preapprove an Agreement request from a Renter, or to have any other interaction with any other Affiliate. BUMERANGRENTALS is not responsible for any damage or harm resulting from your interactions with other Affiliates.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Affiliates or other third parties will be limited to a claim against the particular Affiliates or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from BUMERANGRENTALS with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Affiliates on the Site and Services regarding any Agreements or Listings made by you. This limitation shall not apply to any claim by an Owner against BUMERANGRENTALS regarding the remittance of payments received from a Renter by BUMERANGRENTALS on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Agreements and Financial Terms
“Item Fees” means the amounts that are due and payable by a Renter in exchange for that Renter’s use of an Item. The Owner alone, and not BUMERANGRENTALS, is responsible for the Item Fees for his or her Listing. The Owner may in his or her sole discretion decide to include in these amounts a service or handling fee or any other fee permitted on the BUMERANGRENTALS platform, or Taxes that the Owner determines that he or she has to collect.
“Renter Fees” means the fee that BUMERANGRENTALS charges a Renter for the use of the Services, which is calculated as a percentage of the applicable Item Fees. The Renter Fees will be displayed to the Renter when the Renter is asked whether to send an Agreement request to an Owner.
“Owner Fees” means the fee that BUMERANGRENTALS charges an Owner for the use of the Services, which is calculated as a percentage of the applicable Item Fees.
“Payment Method” means a payment method that you have added to your BUMERANGRENTALS Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the Renter Fees and the Owner Fees.
“Total Fees” means collectively the Item Fees and the Renter Fees plus any Taxes.
Agreements and Financial Terms for Owners
If you are an Owner and an Agreement is requested for your Item via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Agreement request within the Agreement Request Period, otherwise the Agreement request will automatically expire. When an Agreement is requested via the Site, Application or Services, we will share with you the first and last name of the Renter who has requested the Agreement, a link to the Renter’s BUMERANGRENTALS Account profile page, if the Renter and Owner have both connected their BUMERANGRENTALS accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and an indication of whether or not the Renter has provided other information to BUMERANGRENTALS, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject an Agreement request within the Agreement Request Period, any amounts collected by BUMERANGRENTALS for the requested Agreement will be refunded to the applicable Renter. When you confirm an Agreement requested by a Renter, BUMERANGRENTALS will send you a Communication confirming such Agreement, depending on the selections you make via the Site, Application and Services.
BUMERANGRENTALS will collect the Total Fees from Renters at the time of the Agreement request or upon the Owner’s confirmation and will initiate payment of the Item Fees (less applicable fees and taxes) to the Owner once the item is returned and the transaction is completed and verified.
Each Owner agrees that BUMERANGRENTALS may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, permit the Renter to cancel the Agreement and refund to the Renter that portion of the Item Fees specified in the applicable cancellation policy.
Agreements and Financial Terms for Renters
The Owners, not BUMERANGRENTALS, are solely responsible for honoring any confirmed Agreements and making available any Items reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with an Owner for the rental of an Item, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Item imposed by the Owner.
You acknowledge and agree that you, and not BUMERANGRENTALS, will be responsible for performing the obligations of any such agreements, that BUMERANGRENTALS is not a party to such agreements, and that BUMERANGRENTALS (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Renter before the Renter sends an Agreement request to an Owner. As noted above, the Owner is required to either preapprove, confirm or reject the Agreement request within the Agreement Request Period; otherwise, the requested Agreement will be automatically cancelled. Upon receipt of your Agreement request, BUMERANGRENTALS may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested Agreement is cancelled (i.e. not confirmed by the applicable Owner), any amounts collected by BUMERANGRENTALS will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s Payment Method will be released, if applicable.
You as a Renter agree to pay the Total Fees for any Agreement requested, and in most cases confirmed, in connection with your BUMERANGRENTALS Account. BUMERANGRENTALS will collect the Total Fees.
When picking up rented Item, Renter must show up personally within one hour of scheduled pick up time or drop off time. Renter must show up with valid identification and any necessary license, operator’s credentials, insurance as agreed between Owner and Renter.
Service Fees and Other Fees
In consideration for the use of BUMERANGRENTALS’s online marketplace and platform, BUMERANGRENTALS charges Service Fees. BUMERANGRENTALS collects these Service Fees, and, where applicable, may also collect Taxes in respect of the Owner Fees and Renter Fees. BUMERANGRENTALS deducts the Owner Fees from the Item Fees before remitting the balance to the Owner. Renter Fees are, as noted above, included in the Total Fees.
Applicable Renter Fees, as well as Taxes collected by BUMERANGRENTALS, will be shown to Renters via the Site and Application at checkout, prior to their submission of an Agreement request. And, BUMERANGRENTALS will disclose applicable Owner Fees to Owners via the Site and Application.
General Agreement and Financial Terms
Cancellations and Refunds
If, as a Renter, you wish to cancel a confirmed Agreement made via the Site, Application and Services, either prior to or after receiving the Item, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Item Fees, Renter Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Renter Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Owner. BUMERANGRENTALS will initiate any refunds.
If an Owner, for an appropriate reason, cancels a confirmed Agreement made via the Site, Services, and Application, BUMERANGRENTALS will refund the Total Fees for such Agreement to the applicable Renter the Renter will receive a Communication from BUMERANGRENTALS containing alternative Listings and other related information. If the Renter requests an Agreement from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested Agreement, then the Renter agrees to pay BUMERANGRENTALS the Total Fees relating to the confirmed Agreement for the Item in the alternative Listing, in accordance with these Terms. If an Owner cancelled a confirmed Agreement and you, as a Renter, have not received a Communication from BUMERANGRENTALS, please contact BUMERANGRENTALS.
If, as an Owner, you cancel a confirmed Agreement, you agree that BUMERANGRENTALS may apply penalties or consequences to you or your Listing, including publishing an automated review on your Listing indicating that an Agreement was cancelled, keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Agreement, or imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, BUMERANGRENTALS may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Agreement made via the Site, Application and Services. This may be for any reason. BUMERANGRENTALS may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renter. You agree that BUMERANGRENTALS and the relevant Renter will not have any liability for such cancellations or refunds.
Affiliates may use the Resolution Center to send or request money for refunds, services or damages related to their Agreements. You agree to pay all amounts sent through the Resolution Center in connection with your BUMERANGRENTALS Account, and BUMERANGRENTALS will handle all such payments. When an Affiliate agrees to provide services or conveniences to another Affiliate via the Resolution Center, both parties acknowledge and agree that they, and not BUMERANGRENTALS, will be responsible for performing their respective obligations of any such agreements, that BUMERANGRENTALS is not a party to such agreements, and that BUMERANGRENTALS (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.
BUMERANGRENTALS may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, BUMERANGRENTALS will round up an amount of 102.00, and 101.00.
Some currencies are denominated in large numbers. In those cases, BUMERANGRENTALS may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for BUMERANGRENTALS to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Some Owners may pledge to donate a portion of the funds they receive from confirmed Agreements made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Owner does in fact make the donation he or she pledged to make. In such cases, the Owner in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Renter or Owner are responsible for any modifications to an Agreement that you direct BUMERANGRENTALS Customer Service to make (“Agreement Modifications“), and you agree to pay any Item Fees, Renter Fees, Owners Fees, Services Fees, and/or Taxes associated with such Agreement Modifications.
Tax regulations may require us to collect appropriate tax information from our Owners, or to withhold taxes from payouts to Owners, or both. You as an Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as an Owner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as an Owner understand and agree that you are solely responsible for determining your applicable Tax reporting requirements, and the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. BUMERANGRENTALS cannot and does not offer Tax-related advice to any Affiliates.
Where applicable, or based upon request from an Owner, BUMERANGRENTALS may issue a valid VAT invoice to such Owner.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Item is located may require Taxes to be collected from Renters or Owners on the amount paid for the right to use, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Item Fees set by Owners, a set amount per hour/day/month/year, or other variations.
Damage to Items and Security Deposits
As a Renter, you are responsible for returning the Item (including any personal or other property associated with an Item) in the condition it was in when you received it. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Item. In the event that an Owner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Owners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Item. BUMERANGRENTALS will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but BUMERANGRENTALS is not responsible for administering or accepting any Damage Claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.
If an Owner has a Damage Claim for a confirmed Agreement, the Owner can seek payment from the Renter through the Resolution Center. The Owner may escalate the Damage Claim to BUMERANGRENTALS if the Owner and Renter are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If an Owner escalates a Damage Claim to BUMERANGRENTALS, you as a Renter will be notified of the Damage Claim and given an opportunity to respond. If you as a Renter agree to pay the Owner in connection with a Damage Claim, or if BUMERANGRENTALS determines, in its sole discretion, that you are responsible for damaging an Item or any personal or other property associated with an Item, BUMERANGRENTALS will collect any such costs from you and/or against the Security Deposit. BUMERANGRENTALS also reserves the right to otherwise collect payment from you and pursue any avenues available to BUMERANGRENTALS in this regard in situations in which you have been determined, in BUMERANGRENTALS’s sole discretion, to have damaged any Item or any personal or other property associated with an Item.
Both Renters and Owners agree to cooperate with and assist BUMERANGRENTALS in good faith, and to provide BUMERANGRENTALS with such information and take such actions as may be reasonably requested by BUMERANGRENTALS, in connection with any Damage Claims or other complaints or claims made by Affiliates relating to Items or any personal or other property associated with an Item or with respect to any investigation undertaken by BUMERANGRENTALS or a representative of BUMERANGRENTALS regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon BUMERANGRENTALS’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process will be conducted by BUMERANGRENTALS or a third party selected by BUMERANGRENTALS or its insurer, with respect to losses for which the Owner is requesting payment from BUMERANGRENTALS.
If you are a Renter, you understand and agree that BUMERANGRENTALS may make a claim under your Homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Item or any personal or other property associated with an Item (including without limitation amounts paid by BUMERANGRENTALS). You agree to cooperate with and assist BUMERANGRENTALS in good faith, and to provide BUMERANGRENTALS with such information as may be reasonably requested by BUMERANGRENTALS, in order to make a claim under your Homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as BUMERANGRENTALS may reasonably request to assist BUMERANGRENTALS in accomplishing the foregoing.
Security Deposits, if required by an Owner, may be applied to any fees due from a Renter keeping an item for longer than the agreed upon rental duration without the Owner’s consent.
Items that can be operated or need a License to Operate (such as cars, motorcycles, boats, planes, heavy machinery, commercial equipment, medical equipment, etc.)
As a Renter, you commit that you will be a legally licensed driver and provide proof to the Owner of a current, valid driver’s, commercial or pilot’s license that is needed to operate the Item that you are renting. You will treat the Item well and will take all reasonable measures to return the Item on time and in the same condition as received. You will not allow anyone other than a Renter to drive the Item you booked.
The Renter that booked the Item is financially responsible for all physical damage to or theft of an Item that occurs during Rental, plus any additional costs and fees resulting from damage of any kind to the Item, regardless of who is found to be at fault. This responsibility applies whether the Renter has their own insurance or not.
Owner may ask the Renter to sign additional Agreement, show personal identification, insurance coverage prior to Item being handed off to Renter.
Keeping/Failure to Return Item without the Owner’s Consent
Renters agree that a confirmed Agreement is merely a license granted by the Owner to the Renter to use the Item for the limited duration of the confirmed Agreement and in accordance with the Renter’s agreement with the Owner. Renters further agree return the Item no later than the agreed upon time that the Owner specifies in the Listing or such other time as mutually agreed upon between the Owner and Renter. If a Renter fails to return Item within the agreed upon time without the Owner’s consent, they no longer have a license to use the Item and the Owner is entitled to make the Renter return the Item. In addition, Renters agree that the Owner can charge the Renter, for each hour that the Renter keeps the item beyond of the agreed upon duration without the Owner’s consent, an additional hourly fee of two times the average hourly Item Fee originally paid by the Renter to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner to make the Renter return the item (collectively, “Additional Sums“). BUMERANGRENTALS will collect Additional Sums from Renters.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Cumulative Content. In connection with your use of the Site, Application, Services and Cumulative Content, you may not and you agree that you will not:
o violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
o use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Cumulative Content;
o use the Site, Application, Services or Cumulative Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies BUMERANGRENTALS endorsement, partnership or otherwise misleads others as to your affiliation with BUMERANGRENTALS;
o dilute, tarnish or otherwise harm the BUMERANGRENTALS brand in any way,
including through unauthorized use of Cumulative Content,
registering and/or using BUMERANGRENTALS or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BUMERANGRENTALS domains, trademarks, taglines, promotional campaigns or Cumulative Content
o copy, store or otherwise access or use any information contained on the Site, Application, Services or Cumulative Content for purposes not expressly permitted by these Terms;
o infringe the rights of BUMERANGRENTALS or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
o interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
o use our Site, Application or 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;
o use our Site, Application, Services or Cumulative Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
o “stalk” or harass any other user of our Site, Application, Services or Cumulative Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an BUMERANGRENTALS Renter or Owner;
o offer, as an Owner, any Item that you do not yourself own or have permission to Rent.
o offer, as an Owner, any Item that may not be Rented pursuant to the terms and conditions of an agreement with a third party;
o register for more than one BUMERANGRENTALS Account or register for an BUMERANGRENTALS Account on behalf of an individual other than yourself;
o unless BUMERANGRENTALS explicitly permits otherwise, request or rent any Item if you will not actually be using the Item yourself;
o contact another Affiliate for any purpose other than asking a question related to an Agreement, Item, Listing, or the Affiliate’s use of the Site, Application and Services;
o recruit or otherwise solicit any Owner or other Affiliate to join third-party services or websites that are competitive to BUMERANGRENTALS, without BUMERANGRENTALS’s prior written approval;
o recruit or otherwise solicit any Affiliate to join third-party services, applications or websites, without our prior written approval;
o impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
o use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Cumulative Content;
o use the Site, Application, Services or Cumulative Content to find an Owner or Renter and then complete an Agreement of an Item independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to BUMERANGRENTALS’s provision of the Services or for any other reasons;
o as an Owner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
o violate these Terms
o engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
o post, upload, publish, submit or transmit any Content that: infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;
o systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
o use, display, mirror or frame the Site, Application, Services or Cumulative Content, or any individual element within the Site, Application, Services or Cumulative Content, BUMERANGRENTALS’s name, any BUMERANGRENTALS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without BUMERANGRENTALS’s express written consent;
o access, tamper with, or use non-public areas of the Site, Application or Services, BUMERANGRENTALS’s computer systems, or the technical delivery systems of BUMERANGRENTALS’s providers;
o attempt to probe, scan, or test the vulnerability of any BUMERANGRENTALS system or network or breach any security or authentication measures;
o avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BUMERANGRENTALS or any of BUMERANGRENTALS’s providers or any other third party (including another user) to protect the Site, Services, Application or Cumulative Content;
o forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Cumulative Content to send altered, deceptive or false source-identifying information;
o attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Cumulative Content;
o advocate, encourage, or assist any third party in doing any of the foregoing; or
o accept or make a payment for Item Fees outside BUMERANGRENTALS. If you do so, you acknowledge and agree that you: would be in breach of these Terms; accept all risks and responsibility for such payment, and hold BUMERANGRENTALS harmless from any liability for such payment.
BUMERANGRENTALS has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, BUMERANGRENTALS may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Affiliate Content or deactivating or canceling your Listing(s) or BUMERANGRENTALS Account, for a violation of this Section or these Terms.
BUMERANGRENTALS may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against BUMERANGRENTALS or to comply with legal process (for example, subpoenas or warrants), enforce or administer our agreements with users, such as these Terms, for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or protect the rights, property or safety of BUMERANGRENTALS, its users, or Affiliates of the public. You acknowledge that BUMERANGRENTALS has no obligation to monitor your access to or use of the Site, Application, Services or Cumulative Content or to review, remove, disable access to or edit any Affiliate Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. BUMERANGRENTALS reserves the right, at any time and without prior notice, to remove or disable access to any Cumulative Content that BUMERANGRENTALS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you interact with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to BUMERANGRENTALS by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Cumulative Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Cumulative Content, including all associated intellectual property rights, are the exclusive property of BUMERANGRENTALS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Cumulative Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of BUMERANGRENTALS used on or in connection with the Site, Application, Services, and BUMERANGRENTALS Content are trademarks or registered trademarks of BUMERANGRENTALS in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and BUMERANGRENTALS Content are used for identification purposes only and may be the property of their respective owners.
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, BUMERANGRENTALS grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. BUMERANGRENTALS reserves all rights in the Application not expressly granted to you by these Terms.
BUMERANGRENTALS Content and Affiliate Content License
Subject to your compliance with these Terms, BUMERANGRENTALS grants you a limited, non-exclusive, non-transferable license, to access and view any BUMERANGRENTALS Content solely for your personal and non-commercial purposes and access and view any Affiliate Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Cumulative Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BUMERANGRENTALS or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Affiliate Content. By making available any Affiliate Content on or through the Site, Application, Services, or through BUMERANGRENTALS promotional campaigns, you hereby grant to BUMERANGRENTALS a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Affiliate Content on, through, by means of or to promote or market the Site, Application and Services. BUMERANGRENTALS does not claim any ownership rights in any such Affiliate Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Affiliate Content.
You acknowledge and agree that you are solely responsible for all Affiliate Content that you make available through the Site, Application, Services or through BUMERANGRENTALS promotional campaigns. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all Affiliate Content that you make available through the Site, Application, Services or through BUMERANGRENTALS promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to BUMERANGRENTALS the rights in such Affiliate Content, as contemplated under these Terms; and neither the Affiliate Content nor your posting, uploading, publication, submission or transmittal of the Affiliate Content or BUMERANGRENTALS’s use of the Affiliate Content (or any portion thereof) on, through or by means of the Site, Application, the Services or BUMERANGRENTALS promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that BUMERANGRENTALS is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BUMERANGRENTALS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of BUMERANGRENTALS and you hereby irrevocably assign to BUMERANGRENTALS and agree to irrevocably assign to BUMERANGRENTALS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At BUMERANGRENTALS’s request and expense, you will execute documents and take such further acts as BUMERANGRENTALS may reasonably request to assist BUMERANGRENTALS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
BUMERANGRENTALS respects copyright law and expects its users to do the same. It is BUMERANGRENTALS’s policy to terminate in appropriate circumstances the BUMERANGRENTALS Accounts of Affiliates or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or BUMERANGRENTALS terminate these Terms as described below.
Termination for convenience
You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your BUMERANGRENTALS Account as an Owner, any confirmed Agreements will be automatically cancelled and your Renters will receive a full refund. If you cancel your BUMERANGRENTALS Account as a Renter, any confirmed Agreement will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, BUMERANGRENTALS may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
BUMERANGRENTALS may immediately, without notice terminate these Terms if you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, you have provided inaccurate, fraudulent, outdated or incomplete information during the BUMERANGRENTALS Account registration, or Listing process or thereafter, you have violated applicable laws, regulations or third party rights, or BUMERANGRENTALS believes in good faith that such action is reasonably necessary to protect the safety or property of other Affiliates, BUMERANGRENTALS or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition BUMERANGRENTALS may deactivate or delay Listings, reviews, or other Affiliate Content, cancel any pending or confirmed Agreements, limit your use of or access to your BUMERANGRENTALS Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your BUMERANGRENTALS Account, or temporarily or permanently suspend your BUMERANGRENTALS Account if you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Owners or Renters, or BUMERANGRENTALS believes in good faith that such action is reasonably necessary to protect the safety or property of Affiliates, BUMERANGRENTALS or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section, we may communicate to your Renters or Owners that a pending or confirmed Agreement has been cancelled, refund your Renters in full for any and all confirmed Agreements, irrespective of preexisting cancellation policies, support your Renters, on an exceptional basis, in finding potential alternative Items, and you will not be entitled to any compensation for confirmed Agreements that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by BUMERANGRENTALS and an opportunity to resolve the issue to BUMERANGRENTALS’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Affiliate Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your BUMERANGRENTALS Account or any of your Affiliate Content. If your access to or use of the Site, Application and Services has been limited or your BUMERANGRENTALS Account has been suspended or this Agreement has been terminated by us, you may not register a new BUMERANGRENTALS Account or attempt to access and use the Site, Application and Services through other BUMERANGRENTALS Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR CUMULATIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BUMERANGRENTALS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY AFFILIATE, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY AN AFFILIATE. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, AND CUMULATIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUMERANGRENTALS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUMERANGRENTALS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, CUMULATIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEMS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUMERANGRENTALS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS, OWNERS, RENTERS, THE SERVICES OR CUMULATIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CUMULATIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, AND SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUMERANGRENTALS OR THROUGH THE SITE, APPLICATION, SERVICES OR CUMULATIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT BUMERANGRENTALS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ITEMS. BUMERANGRENTALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BUMERANGRENTALS. BUMERANGRENTALS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND CUMULATIVE CONTENT, YOUR LISTING OR AGREEMENT OF ANY ITEMS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BUMERANGRENTALS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BUMERANGRENTALS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, CUMULATIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CUMULATIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUMERANGRENTALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL BUMERANGRENTALS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR RENTAL OF ANY ITEM VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR CUMULATIVE CONTENT AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER AFFILIATES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR AGREEMENTS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY BUMERANGRENTALS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUMERANGRENTALS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold BUMERANGRENTALS 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 Site, Application, Services, or Cumulative Content or your violation of these Terms; (b) your Affiliate Content; (c) your interaction with any Affiliate, Agreement of an Item, or creation of a Listing; (d) the use, condition or Agreement of an Item 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 an Agreement or use of an Item.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
o You acknowledge and agree that these Terms are concluded between you and BUMERANGRENTALS only, and not Apple, and BUMERANGRENTALS, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
o You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
o In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BUMERANGRENTALS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BUMERANGRENTALS.
o You and BUMERANGRENTALS acknowledge that, as between BUMERANGRENTALS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: product liability claims; any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
o You and BUMERANGRENTALS acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BUMERANGRENTALS and Apple, BUMERANGRENTALS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
o You and BUMERANGRENTALS acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
o Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Except as they may be supplemented by a document referenced and incorporated herein or by additional BUMERANGRENTALS policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between BUMERANGRENTALS and you regarding the Site, Application, Services, Cumulative Content (excluding Payment Services), and any Agreements or Listings of Items made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between BUMERANGRENTALS and you regarding Agreements or listings of Items, the Site, Application, Services, and Cumulative Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without BUMERANGRENTALS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BUMERANGRENTALS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BUMERANGRENTALS via a Communication (in each case to the address or phone number that you provide) or by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Arizona or a United States District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
III Dispute Resolution
If you reside in the United States, you and BUMERANGRENTALS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Cumulative Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and BUMERANGRENTALS are each waiving the right to a trial by jury or to participate as a plaintiff or class Affiliate in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and BUMERANGRENTALS otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Louisiana and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and BUMERANGRENTALS otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and BUMERANGRENTALS submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. BUMERANGRENTALS will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, BUMERANGRENTALS may pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if BUMERANGRENTALS changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of BUMERANGRENTALS’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BUMERANGRENTALS in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of BUMERANGRENTALS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BUMERANGRENTALS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If you have any questions about these Terms or any App Store Sourced Application, please contact BUMERANGRENTALS.